Firearms Policy Coalition case Elite Precision vs ATF challenging out of State Handgun Purchases

[Cap'n Mike]

Im sure there will be a long road ahead on this.

Firearms Policy Coalition case Elite Precision vs ATF challenging out of State Handgun Purchases

Elite Precision v. ATF - FPC Law Challenge to Federal Interstate Handgun Transfer Ban

Elite Precision v. ATF - FPC Law Challenge to Federal Interstate Handgun Transfer Ban

www.firearmspolicy.org

Summary: Federal lawsuit challenging the federal ban on interstate transfers of handguns from federally licensed dealers to individuals.

Plaintiffs: Elite Precision Customs LLC, Tim Herron, Freddie Blish, and Firearms Policy Coalition.

Defendants: The Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Acting Attorney General James R. McHenry III, Bureau of Alcohol, Tobacco, Firearms and Explosives Acting Director Marvin G. Richardson.

Litigation Counsel: R. Brent Cooper, Cody J. Wisniewski, David H. Thompson, Peter A. Patterson, and William V. Bergstrom.

Docket: N.D. TX case no. 4:25-cv-00044 | CourtListener Docket

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Key Events & Filings:

• 2025-1-20: Complaint

News Releases:

• 2025-1-21: New FPC Lawsuit Challenges Federal Ban on Interstate Handgun Sales

 

[MickeyD’s]

Out of state hand gun sales are no different than out of state rifle sales

A 4473 is a 4473 is a 4473

Never understood and never given an answer why it’s like this. GCA …..

 

[MaverickNH]

"Federal lawsuit challenging the federal ban on interstate transfers of handguns from federally licensed dealers to individuals."

The 4473 is the same form, but [AI summary follows} some states, known as "Point of Contact" (POC) states, conduct their own background checks through state agencies rather than relying solely on the FBI's NICS system, including California, Colorado, Connecticut, Hawaii, Illinois, Nevada, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Utah, Virginia, and Washington.

 

[KBCraig]

I don't know how they think they can sue the enforcing agencies over a federal law. This is black letter law, not some administrative rule. No agency interpretation is involved.

 

[T-Unit]

"Federal lawsuit challenging the federal ban on interstate transfers of handguns from federally licensed dealers to individuals."

The 4473 is the same form, but [AI summary follows} some states, known as "Point of Contact" (POC) states, conduct their own background checks through state agencies rather than relying solely on the FBI's NICS system, including California, Colorado, Connecticut, Hawaii, Illinois, Nevada, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Utah, Virginia, and Washington.

View attachment 956648

Then why are rifles/shotguns not also restricted?

 

[MaverickNH]

Then why are rifles/shotguns not also restricted?

There was a reason - when such laws were written handguns were seen as the major tool used in violent crime. Today, “high capacity semi automatic assault weapons” are the target, even though handguns are still the major tool used in violent crimes.

From the “in common use” perspective, handguns, rifles and shotguns are all the same - a firearm, is a forearm, is a firearm. But the Leftist mantra stems from Alinsky’s 13th Rule: "Pick the target, freeze it, personalize it, and polarize it." The target now picked is the AR15, used in a small minority of homicides.

 

[Mark from ?]

There was a reason - when such laws were written handguns were seen as the major tool used in violent crime. Today, “high capacity semi automatic assault weapons” are the target, even though handguns are still the major tool used in violent crimes.

From the “in common use” perspective, handguns, rifles and shotguns are all the same - a firearm, is a forearm, is a firearm. But the Leftist mantra stems from Alinsky’s 13th Rule: "Pick the target, freeze it, personalize it, and polarize it." The target now picked is the AR15, used in a small minority of homicides.

View attachment 956739View attachment 956740

Cannot the AR-15 "lower" be a pistol, which would classifiy it as a handgun therefore not able to be sold across state lines under current law?

AR-15 made up as "rifles: and sold by dealers as "rifles" can be bought across state lines.

 

[Drix]

Out of state hand gun sales are no different than out of state rifle sales

A 4473 is a 4473 is a 4473

Never understood and never given an answer why it’s like this. GCA …..

Law predates the internet.
Back in the day you could outrun your warrant and buy a concealable handgun out of state- you can't really do that anymore with the internet.

 

[KBCraig]

Cannot the AR-15 "lower" be a pistol, which would classifiy it as a handgun therefore not able to be sold across state lines under current law?

AR-15 made up as "rifles: and sold by dealers as "rifles" can be bought across state lines.

A lower is neither a rifle nor a handgun. It's an "other firearm".

Only rifles and shotguns can be purchased in a state you don't reside in. Rifles and shotguns are "firearms designed to be fired from the shoulder". It's silent on handguns or receivers.

There's no federal law saying you can't buy a handgun or receiver out of state--federal law says you can only buy a rifle or shotgun interstate, so any other firearm is restricted to purchase in your state of residence.

GCA68 starts with the premise that you can only buy a firearm in your home state, then adds an exception for rifles or shotguns. Originally even that was limited to contiguous states: those that border your home state. That was lifted with FOPA86, so that rifles and shotguns can be bought in any state so long as the purchase would be legal in your home state. "Other firearms" are still limited to your home state.

Don't expect it to make sense.

 

[KBCraig]

A lower is neither a rifle nor a handgun. It's an "other firearm".

I should add here that a pistol grip only "shotgun" is not legally a shotgun, because it's not designed to be fired rom the shoulder. And, can't be purchased out of state.