Home Forums Hunting & Shooting Hunter's Campfire Wow! Court Strikes Down Interstate Gun Transfer Prohibition

I thought he forgot the heart symbol. .....

then I realized he meant I am not a lawyer.

So how do are you going to know if your shipping to an Obama voter or not? Isn't it a bit difficult for you to determine if someone can lawfully possess a firearm? I think that's why the transfer has to go through an FFL.

It makes more sense for someone to be able to go to a different state from the one they live in and buy through an FFL.

Here is a good analysis of this decision:
Federal Court: Handgun Transfer Ban Unconstitutional

Here is the key paragraph:

The above link is now broken.

Here is part of what Andrew Branca's article had to say.

"One of the frequent questions that has arisen since yesterday’s order was made public is whether an interested purchaser can now buy a handgun from an out-of-state FFL without having to go through the process of transferring the handgun to an in-state FFL to complete the transfer.

As a technical legal matter, in the Northern District of Texas of the 5th District, the answer might be “yes.”

As a practical matter, however, I’m sure you’ll find the answer to be “no.” I very much doubt any FFL is going to be willing to do direct out-of-state transfers until this matter has been thoroughly litigated, and even then only if the ATF(E) issues a letter assenting to such transfers. Given this order came from a “mere” federal District Court, and one that is highly likely to be stayed and appealed, we are a many years from having this be settled law.

And absent settled law it’s hard to imagine an FFL incurring the risk of prosecution on a 10-year Federal felony for the profit he’d make selling a Glock 19 to an out-of-state buyer."

Attorneys from the department’s civil division filed a motion Friday in the Mance v. Holder case, asking for the 60-day stay in order to have more time to decide whether to appeal the ruling issued Wednesday by Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas.


http://www.washingtontimes.com/news/2015/feb/13/doj-wants-60-day-judges-ruling-dc-gun-purchases/

Now we wait!

There is such a prohibition on the transfer or a long gun from a non-ffl holding resident of one state to a non-ffl holding resident.

https://www.atf.gov/content/firearm...licensed-persons#gca-unlicensed-transfer


Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Exactly! NRA worked hard to get GCA68 passed so it is wrong to want to get rid of any of it.