Mance v Holder: CCRKBA/SAF out-of-state pistol sales, 5th Circuit

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    krucam

    krucam

    Ultimate Member
    Dec 5, 2008
    8,929
    3rd Rock from the Sun...DFW, TX
    danb

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    One thing that interesting about this case is that the purported reasoning (FFLs difficulty in complying with out-of-state state laws) contrasts very sharply with the courts decision in Wayfair (http://www.scotusblog.com/case-files/cases/south-dakota-v-wayfair-inc/). The court essentially said in Wayfair that with modern software there was no problem for out-of-state retailers complying with sales tax. There are far more sales tax permutations than state prohibitors, which should be reported to NICS anyway. Wayfair may come back to bite the govt here.
     
    Inigoes

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,538
    SoMD / West PA
    danb said:
    One thing that interesting about this case is that the purported reasoning (FFLs difficulty in complying with out-of-state state laws) contrasts very sharply with the courts decision in Wayfair (http://www.scotusblog.com/case-files/cases/south-dakota-v-wayfair-inc/). The court essentially said in Wayfair that with modern software there was no problem for out-of-state retailers complying with sales tax. There are far more sales tax permutations than state prohibitors, which should be reported to NICS anyway. Wayfair may come back to bite the govt here.
    Click to expand...

    Using that logic for commercial sales, the FBI is the central point for NICS, it should be easy to implement.
     
    D

    DanGuy48

    Ultimate Member
    Feb 18, 2012
    7,197
    Gettysburg, PA (No More Maryland!!)
    IANAL and I admit I don’t understand this whole thing about levels of scrutiny, etc. I do understand that when it comes to the 2nd amendment, this it is a constitutionally protected right, enumerated in the Bill of Rights and it does seem to me it should be respected as such any time any issue is raised about it. I don’t get it.
     
    danb

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Summary of government argument: Petitioners should have sued DC. Its the Districts regulations that are the problem. There is no circuit split on this issue and its a poor vehicle for other questions.
     
    P

    press1280

    Ultimate Member
    Jun 11, 2010
    7,912
    WV
    The gov is putting a lot of stock in the law being "longstanding" even though it only predates the DC gun ban by 8 years. Not to mention there's a NICS system today.
     
    K

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,579
    Hazzard County
    press1280 said:
    The gov is putting a lot of stock in the law being "longstanding" even though it only predates the DC gun ban by 8 years. Not to mention there's a NICS system today.
    Click to expand...

    And the Supreme Court's recent ruling about the responsibility to collect sales tax because the internet makes it easy to determine the amount due.
     
    esqappellate

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    As much as I really hate to say it, I am not optimistic on this one (Mance). It's a federal statute that are asking the Court to strike down. One that has been on the books since 1968. That's just hard, no matter how irrational the statute.
     
    S

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    Shame the AG is a gun grabber. This is one of those cases where I had foolishly hoped the Trump admin pulled an Obama Defense of Marriage Act and just refused to defend.
     
    rambling_one

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,747
    Bowie, MD
    esqappellate said:
    As much as I really hate to say it, I am not optimistic on this one (Mance). It's a federal statute that are asking the Court to strike down. One that has been on the books since 1968. That's just hard, no matter how irrational the statute.
    Click to expand...

    It’s a shame that irrational and in some cases unconstitutional laws are allowed to stand. Then too, the idea that judges are political animals seems contrary to the concept of blind justice
     
    motorcoachdoug

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    Jul 7, 2012
    4,550
    Right side of far left Monkey County
    It will be very interesting to see if the court will take this case or the NY Case or both and i think that come monday we will find out that this case is going to be listed again for conference next week. I really do not think they will decide to grant cert or not by the end of the day..
     
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