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Old July 15th, 2014, 04:10 PM #1
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Mance v Holder: CCRKBA/SAF out-of-state pistol sales, 5th Circuit

CCRKBA press release
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CCRKBA Chairman Alan Gottlieb, noting that his organization rarely pursues a legal action of such magnitude, said today’s lawsuit is necessary to advance the right to keep and bear arms for all citizens. He said current law essentially criminalizes the interstate handgun market, which does not apply to the sale of rifles or shotguns.

“It is overreaching, if not downright silly, in today’s environment with the federal instant background check system to perpetuate a prohibition on interstate handgun purchases that has outlived its usefulness,” Gottlieb observed. “If a law-abiding citizen can clear a background check and legally purchase a handgun in his own state, he would pass the same background check just across the border in another state.”

We'll see where this goes, hopefully a different outcome than Lane v Holder.
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Old July 15th, 2014, 04:15 PM #2
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Old July 15th, 2014, 05:01 PM #3
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Interesting..

Any idea what thus will do for restrictive states?

My gut says not much..
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Old July 15th, 2014, 05:50 PM #4
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Interesting..

Any idea what thus will do for restrictive states?

My gut says not much..
Probably not, unless there's some kind of mechanism where the dealers in other states can somehow follow the restrictive states' process, like requiring a pistol permit,exc.

My take is that the SAF sees this as low hanging fruit, and the 5th Circuit is heavily stacked with GOP nominated judges. The NRA cases involving 18-20 Y/O didn't fare well at CA5 (though they missed en banc by just 1 vote in BATFE).
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Old July 15th, 2014, 06:47 PM #5
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I support the case anyway. It will.make it harder to add new restrictions. Also it may help part time residents..
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Old July 15th, 2014, 08:16 PM #6
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Quote:


CCRKBA FILES LAWSUIT CHALLENGING
FEDERAL LAW ON HANDGUN PURCHASES

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms has filed a lawsuit today in federal court in Texas against Attorney General Eric Holder and B. Todd Jones, director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, challenging the current federal law prohibiting cross-state handgun purchases.

CCRKBA brings this lawsuit on behalf of its members throughout the country, who would legally buy and sell handguns outside of their home states, just as they currently do with long guns. Joining CCRKBA as plaintiffs in the case are Texas resident Fredric Russell Mance, Jr., and Tracey Ambeau Hanson and Andrew Hanson, both of Washington, D.C. The lawsuit was filed in U.S. District Court for the Northern District of Texas, Fort Worth division. Financial assistance for the lawsuit is provided by the Second Amendment Foundation.

CCRKBA Chairman Alan Gottlieb, noting that his organization rarely pursues a legal action of such magnitude, said today’s lawsuit is necessary to advance the right to keep and bear arms for all citizens. He said current law essentially criminalizes the interstate handgun market, which does not apply to the sale of rifles or shotguns.

“It is overreaching, if not downright silly, in today’s environment with the federal instant background check system to perpetuate a prohibition on interstate handgun purchases that has outlived its usefulness,” Gottlieb observed. “If a law-abiding citizen can clear a background check and legally purchase a handgun in his own state, he would pass the same background check just across the border in another state.”

This is very important to District of Columbia residents, who can now legally purchase rifles and shotguns from federally-licensed gun dealers in neighboring states, but they still may not purchase handguns. Plaintiff Mance is a federally licensed firearms dealer who would sell handguns directly to consumers in other states, but under current law, he is prohibited from doing so. The Hansons are fully qualified under federal law, and laws in Texas and the District of Columbia, to purchase and possess handguns.

“Federal law allows for interstate long gun sales,” Gottlieb noted, “as long as the dealer follows the law, so what’s the logic of the federal government banning interstate handgun sales? Some states allow for, or even welcome, interstate handgun sales, so what’s the federal government doing?”

With more than 650,000 members and supporters nationwide, the Citizens Committee for the Right to Keep and Bear Arms is one of the nation’s premier gun rights organizations. As a non-profit organization, the Citizens Committee is dedicated to preserving firearms freedoms through active lobbying of elected officials and facilitating grass-roots organization of gun rights activists in local communities throughout the United States. The Citizens Committee can be reached by phone at (425) 454-4911, on the Internet at www.ccrkba.org or by email to InformationRequest@ccrkba.org.
<Please e-mail, distribute, and circulate to friends and family>
Copyright © 2014 Citizens Committee for the Right to Keep and Bear Arms, All Rights Reserved.
Citizens Committee for the Right to Keep and Bear Arms
James Madison Building
12500 N.E. Tenth Place
Bellevue, WA 98005

Voice: 425-454-4911
Toll Free: 800-426-4302
FAX: 425-451-3959
Email: InformationRequest@ccrkba.org
...

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Old July 16th, 2014, 01:58 AM #7
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this is the complaint
http://ia902506.us.archive.org/20/it...249263.4.0.pdf
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Old February 11th, 2015, 01:56 PM #8
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Ruling for the plaintiffs....is this big? It looks like it may be....though I'm sure an appeal is imminent.

Quote:
Based on the foregoing, the Court concludes that Defendants have not shown that the federalinterstate 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.
https://www.scribd.com/doc/255462603...nion-and-Order
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Old February 11th, 2015, 01:57 PM #9
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Ruling for the plaintiffs....is this big? It looks like it may be....though I'm sure an appeal is imminent.



https://www.scribd.com/doc/255462603...nion-and-Order
HUGE!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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Old February 11th, 2015, 02:00 PM #10
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I thought for sure one of you sleuths would have posted this by now...
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