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Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO
Posted: Tue Mar 03, 2015 2:55 pm
by C-dub
Does this mean that if I'm traveling out of state on vacation and see a handgun I like, I can purchase it and take possession of it at that time yet? That's what it sounds like.
Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO
Posted: Tue Mar 03, 2015 3:51 pm
by ELB
C-dub wrote:Does this mean that if I'm traveling out of state on vacation and see a handgun I like, I can purchase it and take possession of it at that time yet? That's what it sounds like.
At this particular moment, I think "technically yes," but I doubt you'll find an FFL who is ready to do this just yet. I read elsewhere that the DOJ can also apply for a stay from the appeals court, but I don't know if that is correct or not.
Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO
Posted: Tue Mar 03, 2015 8:50 pm
by C-dub
ELB wrote:C-dub wrote:Does this mean that if I'm traveling out of state on vacation and see a handgun I like, I can purchase it and take possession of it at that time yet? That's what it sounds like.
At this particular moment, I think "technically yes," but I doubt you'll find an FFL who is ready to do this just yet. I read elsewhere that the DOJ can also apply for a stay from the appeals court, but I don't know if that is correct or not.
DOJ did apply for a stay and it was denied.
Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO
Posted: Tue Mar 03, 2015 11:09 pm
by ELB
C-dub wrote: DOJ did apply for a stay and it was denied.
I know. I posted the link to that.
But in that case the DOJ applied to the same (trial) court that ruled against them in the first place. My comment above is that I have read the DOJ can also apply for a stay from the
appeals court (the next level up), while they are working on their actual appeal.
Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO
Posted: Wed Mar 04, 2015 7:42 am
by C-dub
ELB wrote:C-dub wrote: DOJ did apply for a stay and it was denied.
I know. I posted the link to that.
But in that case the DOJ applied to the same (trial) court that ruled against them in the first place. My comment above is that I have read the DOJ can also apply for a stay from the
appeals court (the next level up), while they are working on their actual appeal.
Sorry. I knew someone did, but didn't look back to see who.
Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO
Posted: Thu Mar 05, 2015 9:09 am
by mgood
This will be nice for people who live close to state lines and/or frequently travel across state lines.
I grew up in Denver City, TX. The closest real gun stores were in Hobbs, NM.
When I worked in a gun store in Hobbs, the owner frequently pointed out the absurdity of a law that would prevent him from selling a handgun to someone from 30 miles away in Seminole, Texas, but allow him to sell one to someone from 500 miles away in Farmington, New Mexico.
Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL
Posted: Mon Sep 17, 2018 2:58 pm
by ELB
Updates (you may need to re-read the above posts):
The DOJ appealed the trial court's ruling against the ban on interstate sales of handguns, and a panel of the 5th Circuit Court heard the appeal. In January 2018 the panel reversed the trial court's judgment. The plaintiff, via attorney Alan Gura, asked for an en banc rehearing, but the 5th Circuit voted 8-7, just this past July, to NOT grant a hearing. (Note that President Trump's nominees to the 5th Circuit, Willet and Ho, both voted to rehear the case).
Plaintiff is appealing to the SCOTUS, and has a deadline of 18 October (I think) to present his written petition for appeal. Gura has a full dance card with several other SCOTUS and Circuit level court actions, and is asking for a 60 day extension to 17 Dec.
This is a link to his petition for the extension, which is mostly procedural stuff, but does discuss the case at hand a bit also:
https://www.supremecourt.gov/DocketPDF/ ... 3_App2.pdf