Status, please?

[free]

What is the status of that Texas case that rules the federal law on interstate handgun buyers is unconstitutional? All I can find is the ruling, nothing on the govt appealing it or future disposition.

[NRA Member]

The case is now Mance v Lynch and is in the briefing stage at the 5th Circuit. The government's initial brief is here.

https://thefiringline.com/forums/sho....php?p=6131520

The case's previous discussion is here.

As Frank Ettin noted:
Quote:
The injunction will apply nationwide, because it blocks any enforcement as unconstitutional on their face of specific federal statutes and regulations.
However, as Frank also noted:
Quote:
As to the practical question of whether someone can now go and buy a handgun at an FFL in another State, Lawyer Branca answers:
Quote:
...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, 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....




Case details
https://ia902506.us.archive.org/20/i...63.docket.html

[free]

Thanks (:

What I am specifically wondering about is, given this ruling, at the present time, can you legally buy a handgun in another state (a state other than your state of residence), where that state allows private party FTF handgun transfers, without the government or FFL being involved?

[NRA Member]

Quote:
As to the practical question of whether someone can now go and buy a handgun at an FFL in another State, Lawyer Branca answers:
Quote:
..".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, we are a many years from having this be settled law."

From what I have read I would think (strictly my opinion)) NO! With a capitol N!
Sounds like a lawyer question?

[free]

Quote:
As to the practical question of whether someone can now go and buy a handgun at an FFL in another State, Lawyer Branca answers:
Quote:
..".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, we are a many years from having this be settled law."

From what I have read I would think (strictly my opinion)) NO! With a capitol N!
Sounds like a lawyer question?

I saw that quote...but it is addressing going through an FFL, which is not what I was asking.

But looking through the link you sent (thanks), there seems to be a difference of opinion as to whether the injunction applies nationwide to everyone, or just to the parties in the case. But the gov is one of the parties. So if it can't apply the law to the other party in the case, doesn't seem like it can apply it to anyone else.

[Parrisk]

How about the status where SCOTUS ruled based on the 14th Amendment that same sex marriage allowed in one state must be recognized by every state...
and the fact that LTCF / CCW permits issued in one state should then also be valid in every state????

Thought that NRA and several other pro 2A groups were pushing this

[hog45]

Go to Vermont.
Don't ask don't tell
Go home

[rwilson452]

Until this case is settled law interstate transfers still require an FFL.