U.S. court rules residency requirements for pistol buys is unconstitutional

Mance v. Holder Civil Action No. 4:14-cv-539-O Fed. Dist. Ct. A federal district court in Texas overturned a 1968 gun law prohibiting the sale of handguns to out-of-state residents, granting those who live in Washington, D.C., the ability to travel to an out-of-state gun store, buy a handgun and bring it home without a middleman.2ndAmendment The ruling takes aim at the federal Gun Control Act of 1968, which prohibited handgun sales to out-of-state residents and was defended by Attorney General Eric H. Holder Jr., who argued that the law doesn’t violate the Second Amendment. Proponents of lifting the ban said the 1968 law had become dated given technological advances in instant background checks, which are performed every time a gun is purchased from a federally licensed firearm dealer. It also prohibited a robust national handgun market from developing, as rifles and shotguns can be purchased regardless of state residency, but handguns are not. Judge Reed O'Connor said the law had to survive the highest level of scrutiny and ruled that it plainly did not. He granted the gun vendors’ request for a summary judgment striking down the law. “Based on the foregoing, the Court concludes that Defendants have not shown that the federal interstate 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,” he wrote. The decision can be appealed to the 5th U.S. Circuit Court of Appeals in New Orleans, and Justice may ask for a stayBut if it stands, the Texas court’s ruling would allow a pistol to be purchased from an out-of-state buyer if that handgun is legal in the buyer’s state of residency. For D.C. residents, the ruling has particular importance because for the first time they will be able to make handgun purchases in neighboring Virginia or Maryland and bring the guns home. Before the ruling, because the District has no gun stores, D.C. residents had to go through middlemen who purchased the firearms on their behalf, then resold them with a surcharge. “This is a tremendous victory for the civil rights of Washington, D.C., residents and Americans in general — the court recognized there’s no need to destroy the national market for handguns,” said Alan Gura, who argued the case for the plaintiffs and is a founding partner at Gura & Possessky Pllc, in the District. “District residents are free to purchase handguns so long as they comply with D.C. law and have those handguns properly registered.” Read more: http://www.washingtontimes.com/news/2015/feb/11/federal-court-rules-residency-requirements-pistol-/#ixzz3ReZd8oD2  Follow us: @washtimes on Twitter   Read more "U.S. court rules residency requirements for pistol buys is unconstitutional"