Federal appeals court upholds interstate handgun purchase bans

[vinnyg101]

www.guns.com/2018/01/23/federal-appeals-court-upholds-interstate-handgun-purchase-bans/

A three-judge panel of the U.S. 5th Circuit last week ruled the federal law prohibiting handgun sales to out-of-state residents is in the public interest.

The legal challenge came from a couple from Washington, D.C. who tried to buy handguns from a federally licensed firearms dealer in Texas but could not due to federal law adopted in the 1960s.

Together with a Texas FFL holder, the couple joined with gun rights advocates in taking the government on, arguing that since the advent of the National Instant Check System it makes no sense to perpetuate a ban on interstate transfers of handguns. The court disagreed with that concept, holding that handguns often have additional regulatory pitfalls in many states, and that gun dealers can’t be expected to be familiar with those in distant areas.

“There are more than 123,000 FFLs nationwide,” wrote Circuit Judge Priscilla Owen for the majority. “It is unrealistic to expect that each of them can become and remain knowledgeable about the handgun laws of the 50 states and the District of Columbia, and the local laws within the 50 states.”

The plaintiffs in the suit included Frederic Mance Jr., a Texas FFL, and gun buyers Andrew and Tracey Hanson, of Washington, D.C. Mance wants to sell handguns to out of state consumers, such as the Hansons, but is precluded by federal law although the laws of Texas do not prohibit the transaction.

On June 21, 2014, the Hansons visited Mance’s gun shop in Texas but could not by law take possession of a handgun there. Mance could have shipped handguns bought by the couple in Texas to the District’s only FFL that handles interstate transfers, but according to the complaint, the dealer charges $125 per transfer in addition to shipping costs and other fees. This, concluded a lower court in 2015, was a burden on the Hanson’s Second Amendment rights as well as due process under the Fifth Amendment. That court ruling was reversed by the panel this week.

Backed by the Citizens Committee for the Right to Keep and Bear Arms, the organization may ask the court for an en banc review of the latest decision and continue fighting it to the Supreme Court.

[streaker69]

“There are more than 123,000 FFLs nationwide,” wrote Circuit Judge Priscilla Owen for the majority. “It is unrealistic to expect that each of them can become and remain knowledgeable about the handgun laws of the 50 states and the District of Columbia, and the local laws within the 50 states.”

Did the court just argue that ignorance of the law is an excuse?

[Williamsmith]

Did the court just argue that ignorance of the law is an excuse?

Yeah I think they took it further than that. I think they just acknowledged that a reasonably intelligent person can’t possibly know the ins and outs of all the individual states restrictions on possession and carrying of firearms which is a nice endorsement for national reciprocity.

[lts1ow]

And here I was thinking $60 + NICS cost was pricey. Sheesh.

[phoenix01]

“There are more than 123,000 FFLs nationwide,” wrote Circuit Judge Priscilla Owen for the majority. “It is unrealistic to expect that each of them can become and remain knowledgeable about the handgun laws of the 50 states and the District of Columbia, and the local laws within the 50 states.”

Did the court just argue that ignorance of the law is an excuse?

What's even more telling is from the same paragraph as the quote from Judge Owen's ruling:

FFLs are not engaged in the practice of law, and we do not expect even an attorney in one state to master of the laws of 49 other states in a particular area.

[streaker69]

If the court is arguing that a person cannot possibly know all the laws related to firearms, then anyone caught carrying in NJ should have their charges immediately dropped.

[sota]

PA OC get together in NJ?

problem is, DC is 4th CC and NJ is 3rd.

[ATBackpackin]

Paraphrasing

Judge said, "The gun laws in all 50 states are so convoluted that a FFL couldn't possibly be able to know them even though it's his/her job to sell firearms, however ............being a gun owner you must.

[Qtrborecrazy]

If the court is arguing that a person cannot possibly know all the laws related to firearms, then anyone caught carrying in NJ should have their charges immediately dropped.

And if we ever get National Reciprocity, are we suppose to know the laws of every state?

[Sgt.K]

And if we ever get National Reciprocity, are we suppose to know the laws of every state?

Well, since 2A makes it clear that the fed .gov is responsible for ensuring "shall not be infringed", the only state laws *should* be "See COTUS 2A". Easy peasy.

My 2¢