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Interstate handgun ban ruling ...

Discussion in 'General Discussion' started by Alchemist17, Feb 11, 2015.

  1. Knuckle Dragger

    Knuckle Dragger NES Member

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    You're probably thinking of Stephen Dearth. That case is being re-briefed and re-argued in the DC circuit court of appeals next month.

    Lane v. Holder also challenged the interstate ban.
     

  2. terraformer

    terraformer NES Member

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    Yeah, and the rebriefed and re-heard is a good indicator the circuit panel really wants to find something to rule against him with. They have raised all sorts of stupid legal theories that even the USAGs office wouldn't put their name on.
     
  3. Knuckle Dragger

    Knuckle Dragger NES Member

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    Motion to Stay: Denied.
     
    1 person likes this.
  4. Cmaro21

    Cmaro21

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    That is great news. This is from your link “We’re delighted that Judge O’Connor is not going to simply allow the government to stall this ruling,” said CCRKBA Chairman Alan Gottlieb. “This case could have significant ramifications nationwide, and allowing a two-month stay while the government essentially claims it will be thinking about whether to appeal obviously was not warranted.”
     
  5. spooler41

    spooler41

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    Just my opinion, the intrastate firearms law covers both rifles and handguns, but treats them differently. Any one from anywhere may purchase a rifle or shot gun in any state without recourse but one is required to purchase a handgun in
    ones own state of residence. Now as I see this court decision it is now treating handgun sales the same as long gun sales.
    This may seem a simple way of explaining things or not!

    ............................ Jack
     
  6. terraformer

    terraformer NES Member

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    That's about right.
     
  7. fishgutzy

    fishgutzy

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    Does this mean I can by a pistol in NC to give as a gift to a family member in MA (so long as I swap 17 round mags for 10)?
    No effing 10# trigger?
     
  8. terraformer

    terraformer NES Member

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    It means nothing right now.
     
  9. dcmdon

    dcmdon

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    Well, at least it means nothing outside the district where this decision came from.
     
  10. Rob Boudrie

    Rob Boudrie NES Member

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    Yup. Despite the lack of a stay, the NSSF is advising dealers to refuse to do any interstate transfers based on this ruling.
     
  11. dcmdon

    dcmdon

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    Even in the texas district where the decision came from? If so, thats absurd. Is it because it would need to be legal at both ends of the transaction and the receiving end would most likely not be in teh same district?
     
  12. deezwho

    deezwho

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    cheap glocks coming soon!
     
  13. KBCraig

    KBCraig NES Member

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    Yes.

    Dealers can only legally transfer if it's legal on both ends.
     
  14. Cero

    Cero

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    I'm filled with glee and then disheartened when I read things like this case. There is the aspect that as a Ma resident I will have access to more choices of firearms and better prices but then I remember that this will take years to be settled (if it becomes a nationwide law) and even then Ma will still try to muck it up somehow. Is Ma going to be this lonely island of incomprehensible laws and BS regs while the rest of the country becomes free states?
     
  15. bigblue

    bigblue

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    Don't worry, CA, CT & NY will be just as FUBAR'd: There will always be company for your misery.
     
  16. jpk

    jpk

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  17. Hoover

    Hoover

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  18. mikeyp

    mikeyp NES Member

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    Someone else can post more details, but it's come up on here a bunch of times that the Mass SJC doesn't abide by case laws set in the SCOTUS.
     
  19. surfcc

    surfcc

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    Hoping this would nullify magazine capacity laws (MA 10rds) and make such mag bans unconstitutional. I won't hold my breath.....just wishful thinking.
     
  20. Hoover

    Hoover

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    This is only a fed district court ruling, it has a ways to go yet. The DOJ will appeal to the 5th circuit, etc.
     
  21. nstassel

    nstassel NES Member

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    My impression is that this is unlikely to affect the situation in Mass. The Supreme Court has deferred to states on legislating reasonable restrictions on what its citizens possess. I think the ban on interstate purchases handguns may end which is good but the large cap ban won't be affected.
     
  22. exodious

    exodious

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    Inter, not intra. Inter == between, intra == within
     
  23. M1911

    M1911 Moderator NES Member

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    Nope. Too entirely different things. The AWB in MA makes it illegal for you to possess certain things - including post-ban standard capacity magazines.

    The GCA of 1968 made it illegal for you to buy a handgun out of state (unless it is transferred through a dealer in your state of residence).

    If this lawsuit succeeds, we will be able to go to a dealer in any state, buy a handgun, and take possession. But if we get a standard capacity magazine with it and transport that mag back to MA, we will be committing a felony.

    One legal step at a time.
     
  24. KBCraig

    KBCraig NES Member

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    M1911, I apologize for picking your post to jump in, but you mentioned the common misunderstanding of the law, and I wanted to point out a subtle but important difference.

    Short version: GCA actually makes it illegal to sell or receive in interstate commerce any firearm other than a rifle or shotgun.

    Long version: This means that it's not just handgun sales that are banned outside one's state of residence, but also "other firearms", such as uncompleted lowers, pistol grip-only shotguns, etc. That's because the interstate exception is for a "rifle or shotgun", which the law defines as a firearm designed to be fired from the shoulder.

    This also applies to sales, even in-state sales, to anyone under 21, for the same reason: it's illegal for a dealer to transfer any firearm "other than a rifle or shotgun" to anyone under 21.

    An 18 year old can buy a shotgun (from a dealer) with a shoulder stock attached, even if there's a separate pistol grip included in the kit. An 18 year old can't buy the same firearm if the pistol grip is attached, even if there's a separate shoulder stock included, because it's not a "shotgun"... it's an "other firearm".

    And "other firearm" is not the same as "Any Other Weapon", which is an NFA item.

    As always, don't expect it to make sense: it's the ATF.
     
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  25. Frizzle Fry

    Frizzle Fry NES Member

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    Talking about this case with a coworker today - rather revive a dead thread than start a new one.

    What ever happened to this? Google isn't helping.
     
  26. DispositionMatrix

    DispositionMatrix NES Member

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    The latest from Alan Gura:
    https://www.supremecourt.gov/DocketPDF/18/18-663/72489/20181119123335039_3-petition.pdf
     
  27. Waher

    Waher NES Member

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    press release:
    CCRKBA SEEKS SCOTUS REVIEW OF MANCE INTERSTATE HANDGUN SALES CASE | Citizens Committee For The Right To Keep And Bear Arms

     
  28. Radtekk

    Radtekk NES Member

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  29. MuzzleDiscipline

    MuzzleDiscipline NES Life Member NES Member

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    Don't get your hopes up too soon. The Fed Law keeps interstate sales of long arms limited to what is legal in your home state. Unless that is somehow reversed the same prohibition could easily and therefore likely would be applied to handgun sales.
     
  30. RandomBS

    RandomBS NES Member

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    Off list handguns are not illegal to own
     

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