Federal Judge Declares Ban on Interstate Sale of Handguns Unconstitutional

The Gun Control Act of 1968 prohibits citizens of one state from traveling to another state to purchase a handgun. This prohibition does not apply to rifles and shotguns.

Yesterday a Federal Judge in Texas declared the prohibition violates the Second Amendment and the Fifth Amendment’s Due Process Clause. In ruling for the citizens who challenged the ban, the Judge enjoined the Federal Government from enforcing the law.

The government will likely appeal the ruling to the Fifth Circuit Court of Appeals and the loser in that court will likely appeal to the U.S. Supreme Court so the matter is far from over. For the time being however, the ruling stands and the DOJ and ATF is prohibited from enforcing it.

It will be up to individual FFLs to decide if they want to sell handguns to out of state citizens and doing so may bring the wrath of the ATF. Dealers who do sell to out of state citizens will likely be subject to increased audits and harassment by the ATF.

Regardless of the ultimate outcome, the ruling is a victory for citizens and the Constitution.

Here is link to the opinion. http://armsandthelaw.com/Mance%20v%20Holder%20interstate%20transfer.pdf

WARNING, the opinion contains references to the U.S. Constitution, something the politicians and federal government do not want you to know exists.

Posted in Constitutional Law