SIGforum.com Main Page The Lounge Fifth Circuit ruled that the federal ban on direct interstate handgun sales violates the Second Amendment.
Main Page The Lounge Fifth Circuit ruled that the federal ban on direct interstate handgun sales violates the Second Amendment.Go | New | Find | Notify | Tools | Reply | |
| Thank you Very little  |
That's gonna leave a mark on gun grabbers asses... https://x.com/scotus_wire/status/2101061133369270532 | ||
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Shall Not Be Infringed |
Dominos... 
https://x.com/scotus_wire/status/2101061142172852642 Fifth Circuit Ruling (17 Pages) --> https://storage.courtlistener.....ca5.227135.83.1.pdf
____________________________________________________________ If Some is Good, and More is Better.....then Too Much, is Just Enough !! Trump 47....Making America Great Again! "May Almighty God bless the United States of America" - parabellum 7/26/20 Live Free or Die! | |||
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| Freethinker |
And for once falling away from us? “Wise men talk because they have something to say; fools, because they have to say something.” — Plato | |||
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| His diet consists of black coffee, and sarcasm.  |
I guess I'm not on the same page of the playbook as to the meaning of direct. When were interstate handgun sales ever direct? They have to be shipped to a FFL. | |||
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| Back, and to the left  |
The FFL requirement and the form 4473 have their roots in the '68 GCA. That's when direct mail order was prohibited. The first FFLs were created in the 1938 Federal Firearms Act (I had never seen this one before) but "Introduced basic federal licenses for interstate commerce, required simple logbooks, but lacked a standardized federal background questionnaire." | |||
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| Freethinker |
Good question about what it means. Someone (  ) should read the ruling and see what it actually says.My immediate assumption was that being prohibited from purchasing a handgun outside the state of one’s residence was unconstitutional. I can purchase a handgun from an out-of-state dealer, but only if it goes through a Colorado dealer, not “directly” from the original dealer. It wouldn’t affect the other requirements, and might still be subject to the limits of one’s state of residence. I.e., if purchased from an FFL holder it would still be necessary for a background check. I could also see a requirement that if I, a Colorado resident, wanted to purchase a handgun in Kansas it would still have to go through a dealer, and not individual to individual. “Wise men talk because they have something to say; fools, because they have to say something.” — Plato | |||
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| Shall Not Be Infringed |
Speaking of Handgun sales... https://x.com/TheJusticeDept/s.../2100985403247386697
Office of Legal Counsel opinion --> https://www.justice.gov/olc/media/1461811/dl ____________________________________________________________ If Some is Good, and More is Better.....then Too Much, is Just Enough !! Trump 47....Making America Great Again! "May Almighty God bless the United States of America" - parabellum 7/26/20 Live Free or Die! | |||
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Member |
I've only done one 4473 for someone under 21 (it was a rifle), but my understanding is NICS checks on under 21 yr olds all come back with a delay. If 18 yr olds start buying handguns from FFLs soon, I think they'd all come back with delays. Not that it's a big deal, but it's almost like a built-in waiting period, unless states start issuing CCWs to the under-21 crowd too. Freewill Firearms 07 FFL, Class 2 SOT | |||
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| Shall Not Be Infringed |
^^ NH already issues CCW Permits to 18 YOs, always has, but regardless of whether you have a CCW Permit, a NICS check is performed on any FFL Transfer. Also in NH, the NICS checks for handguns are handled differently than those for long guns. While a NICS Check for a long gun is called in to the FBI NICS system directly by the FFL, those for handguns are handled by the NH State Police, which in addition to running the NICS Check through the FBI, also checks the individual against an in-state database re: pending/filed Protection Orders, etc not yet in the NICS system. We usually get the ‘proceed’ approvals while they’re still on the phone calling it in, so it doesn’t add any add’l delay. ____________________________________________________________ If Some is Good, and More is Better.....then Too Much, is Just Enough !! Trump 47....Making America Great Again! "May Almighty God bless the United States of America" - parabellum 7/26/20 Live Free or Die! | |||
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| Live Slow, Die Whenever  |
How does this apply to something like the California roster? Would I be able to buy a handgun through an FFL in say Idaho and bring it back to CA? "I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I require the same from them." - John Wayne in "The Shootist" | |||
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| Freethinker |
Do you know what the ruling says? I haven’t read it myself, but for pure speculation, it seems unlikely that if gun shops start selling to out of state residents that they would sell something that the individual couldn’t legally own back home. Due to possible/probably legal actions being taken by the home states, Internet vendors have had that policy for years now. For example, unless one has an exemption from the law, most/all online vendors won’t sell magazines that hold more than 15 rounds to Colorado residents. I could violate the law by going to Wyoming to purchase and bring back a ≥16-round mag because I wouldn’t have to prove where I lived, but even under this ruling a firearms purchase background check would require something showing one’s residence. “Wise men talk because they have something to say; fools, because they have to say something.” — Plato | |||
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| Member |
I don't know how an FFL can even run a NICS check on someone with an out of state license. First time I did it on an airman stationed here with PCS papers, which is totally legal, it got kicked back for having a DL in a state other than where my licensed premises are located. I forget how I got around it, but it is an issue. Freewill Firearms 07 FFL, Class 2 SOT | |||
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| Freethinker |
That would obviously have to be addressed as a basic factor if out of state purchases become legal. Until then, though .... “Wise men talk because they have something to say; fools, because they have to say something.” — Plato | |||
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| Member |
That doesn't seem right because it's perfectly legal and common to purchase a rifle out of state for residents of the many states that allow it, which is most free states. There is no good reason this shouldn't be extended to handguns, which I hope is what this ruling addresses. | |||
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| Raised Hands Surround Us Three Nails To Protect Us  |
^^^^^^^^^^^ Exactly. It’s done all day everyday ———————————————— The world's not perfect, but it's not that bad. If we got each other, and that's all we have. I will be your brother, and I'll hold your hand. You should know I'll be there for you! | |||
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SIGforum.com Main Page The Lounge Fifth Circuit ruled that the federal ban on direct interstate handgun sales violates the Second Amendment.
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