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After reading, the court basically states that the federal ban on interstate handgun sales is not constitutional either on its face or as applied, is unconstitutional under both second amendment grounds for both intermediate and strict scrutiny, and under 5th amendment due process grounds, and prohibits the gov't from enforcing the ban. So basically the gov't got spanked, but of course we'll need to wait for the inevitable appeal.
Does this mean I can sell handguns to my peeps in MA?
After reading, the court basically states that the federal ban on interstate handgun sales is not constitutional either on its face or as applied, is unconstitutional under both second amendment grounds for both intermediate and strict scrutiny, and under 5th amendment due process grounds, and prohibits the gov't from enforcing the ban. So basically the gov't got spanked, but of course we'll need to wait for the inevitable appeal.
Does this mean I can sell handguns to my peeps in MA?
Yes please, but no more Mass markup for
Am curious as to whether or not this is binding immediately.... Anyone else want to take a bus to the 5th circuit?
-Mike
If this goes country wide, isee the dealers in mass making a huge push to get the ag regs and eops lists removed or theyre going to shutdown
Not even binding in the entire 5CA. It applies only in the district where this judge sits. It's a great first step, but it's just that. No doubt the DOJ will appeal to the 5CA and if they lose there, appeal for en banc rehearing. If that happens and they lose there, it goes to SCOTUS. If they uphold the district court decision, then it applies everywhere and bank accounts across MA, CA, IL, DC and other "roster" like states will be emptied.
Great news! Once this bumps though a few courts one can hope to be able to purchase current G17's for ~ $560 instead of $1k
You can do that already, but that's beside the point.
The real ballbuster with this is if I'm at a pawn shop in the middle of "Nowhere, Nevada" and I want to buy a handgun that's there for cheap money, I should be able to plonk cash down, fill out a form, pass the check, and leave the shop with it... right there. With no "you hafta send it through your state of residence" BS.
-Mike
You can do that already, but that's beside the point.
The real ballbuster with this is if I'm at a pawn shop in the middle of "Nowhere, Nevada" and I want to buy a handgun that's there for cheap money, I should be able to plonk cash down[STRIKE=lol], fill out a form, pass the check,[/STRIKE] and leave the shop with it... right there. With no "you hafta send it through your state of residence" BS.
-Mike
FIFY
So would this mean that as an MA resident I could go down to a gun shop in that judge's district the 5th Circuit and buy a shiny new Glock, or is it only for sellers AND buyers in that district?
Mike
Assumes that the antis will let it out of the 5th cir. if they do not win there. Similar to what has happened before. they want to avoid goign to the SC and will try to avoid a split in the circuits.
This is potentially a big deal and third in a line of cases that challenges the ban on interstate handgun transfers. Dearth (currently in the DC Circuit with a hearing next month, and Lane (I'm not sure what's up with that) are the other two.
If taken to it's logical conclusion such that it applies nationwide, it would obviate both the Massachusetts handgun roster and the AG's 'safe' handgun regulations. Those would still be binding on Massachusetts dealers, but you would presumably be able to to legally purchase a handgun in another state as long as it was legal for you to possess it in your home state.
In the interim, I wouldn't make any handgun purchase related travel plans. I suspect that Texas dealers will be slow to test the waters on this and anyway, you can expect the DOJ to file and appeal and stay very quickly.
But it is very good progress.