Wednesday, February 11, 2015

Federal Ban On Interstate Transfers Of Firearms Unconstitutional

This may well be appealed, but if it stands, it will be a meaningful improvement for would-be handgun buyers. United States District Judge Reed O'Connor ( Northern District Of Texas, Fort Worth Division) has struck down the federal ban of transfers of handguns by Federal Firearms License holders to out of state residents, under both the 2nd Amendment and the 5th Amendment:
the Court concludes that Defendants have not shown that the federal interstate handgun transfer ban is narrowly tailored to be the least restrictive means of achieving the Government’s goals under current law. The federal interstate handgun transfer ban is therefore unconstitutional on its face.

The Court further finds, in the alternative, the federal interstate handgun transfer ban is unconstitutional when applied to the facts of this case....

... the Court finds that the federal interstate handgun transfer ban also violates the Due Process Clause of the Fifth Amendment to the United States Constitution...

...Accordingly, the Court DECLARES that 18 U.S.C. § 922(a)(3), 18 U.S.C. § 922(b)(3), and 27 C.F.R. § 478.99(a) are UNCONSTITUTIONAL, and Defendants are ENJOINED from enforcing these provisions.
The 28 page PDF is here. As a practical matter, this will increase competition in states like Hawaii which have few gun dealers, and dramatically cut transfer costs for those who might want to buy a handgun while traveling in another state.

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