PDA

View Full Version : Federal court rules interstate handgun ban unconstitutional


Circuits
02-11-2015, 22:42
http://www.ccrkba.org/?p=4702
buffalobo
02-11-2015, 22:56
One for the good guys. [emoji106]
Irving
02-11-2015, 23:10
This seems like a pretty big win.
Hound
02-12-2015, 00:00
Sounds good but what are specifics of the case? I am not familar with it?
SAnd
02-12-2015, 05:04
A husband wife couple from Washington DC tried to buy a handgun in Texas. The handgun was legal for them to own and they were legal to have it in Washington. They couldn't take possession in Texas because of federal law. The couple and the dealer went to court saying that violated the 2nd amendment. The court ruled in their favor.
KestrelBike
02-12-2015, 05:51
This should be huge for California, with their clearly unconstitutional handgun safety list ban.
sniper7
02-12-2015, 07:08
Awesome news! Now to get the word out, ATF to send notifications to dealers!
Dave
02-12-2015, 08:45
Awesome news! Now to get the word out, ATF to send notifications to dealers!
I'm sure the ATF and the rest of DOJ are already submitting an appeal to this ruling to include an injunction.
Ranger353
02-12-2015, 10:18
I'm sure the ATF and the rest of DOJ are already submitting an appeal to this ruling to include an injunction.
You can bet that is happening as we type. This will go to the SCOTUS next year. In the meantime, nothing will have changed.
JohnnyDrama
02-12-2015, 10:47
This should be huge for California, with their clearly unconstitutional handgun safety list ban.

They have a pretty good discussion about this over on calguns.

http://www.calguns.net/calgunforum/showthread.php?t=1038203

General consensus seems to be that this will need some "sorting out" in the court system.
Aloha_Shooter
02-12-2015, 10:52
It's fantastic news. If they'd issued this ruling in December I wouldn't have had to pay $69 in shipping and a $40 transfer to bring my Grandfather's pistol back from Hawaii ...
avandelay
02-12-2015, 10:57
What happens to the states that reject checks for things like unpaid parking tickets or being behind on child support payments? I would think they would fight tooth and nail to maintain the leverage over their people.
Bailey Guns
02-12-2015, 11:30
It's a great win, no doubt. But I wouldn't rush out to buy a handgun in another state and expect to take delivery of it. I'm guessing it'll be a while before, and if, anything actually changes.
wctriumph
02-12-2015, 12:30
One bite at a time.


TEA

III
KestrelBike
02-12-2015, 18:07
They have a pretty good discussion about this over on calguns.

http://www.calguns.net/calgunforum/showthread.php?t=1038203

General consensus seems to be that this will need some "sorting out" in the court system.

Yeah CA is a real hornet's nest, but good news is better'n none! Nice link.
spqrzilla
02-13-2015, 11:38
Decision is a long way from being final. It is an interesting decision if you read it.
ChadAmberg
02-14-2015, 09:43
Decision is a long way from being final. It is an interesting decision if you read it.

Yup, DC always appeals everything. Why not, it's not like its there money.

However, reread the decision, replacing handgun with "health insurance". Why can't you buy health insurance across state lines?
cstone
02-14-2015, 09:59
Yup, DC always appeals everything. Why not, it's not like its there money.

However, reread the decision, replacing handgun with "health insurance". Why can't you buy health insurance across state lines?

Health insurance traditionally has been regulated at a state level (pre-Obamacare).

There is no Constitutional protection or guarantee for health insurance.
ChadAmberg
02-15-2015, 09:27
Health insurance traditionally has been regulated at a state level (pre-Obamacare).

There is no Constitutional protection or guarantee for health insurance.


There's no "constitutional guarantee" you can go over state lines and buy a bottle of beer, but you can. In fact, it's a very tiny list of things you can't buy across state lines. And it's not really state regulations that prevent you from buying, or else some states would allow it, it's my understanding there are federal laws that prevent you from buying health insurance in other states when you want to shop for lowest price or better coverage.
Big E3
02-15-2015, 12:22
I find it odd that you can't go across state lines to buy a gun that is legal in each state and protected in the Bill of Rights for all US citizens. But you can go across state lines into Colorado and buy pot that is illegal for you to possess in the state you came from.
hollohas
02-23-2015, 22:19
Decision is a long way from being final. It is an interesting decision if you read it.
This is what I find is BS. The court ruled and therefore it should be law (or a removed law, however you want to look at it) unless and until some other court rules differently some day.

If you are found guilty of a crime and get sentenced to jail time, you go to jail even if you plan to appeal. And you stay in jail until another court reverses the previous ruling.

I'm so sick and tired of the government getting to decide which court rulings it will obey and those which it will not. The government be required to immediately make the changes that the ruling dictates.