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'Unconstitutional' says judge: CCRKBA wins case on interstate handgun transfers
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6,606 Posts
Good - though the entire system including background checks and FFLs is really unconstitutional on its face. And why does the federal government care, and think it has the right, to meddle in interstate private sales anyway? Oh yeah, the monstrously abused Interstate Commerce Clause. At least the baby steps are sometimes in the right direction.
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9,239 Posts
They are to busy calling twice a day asking for $150+ donations with their scripted "emergency of the week".
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I would like to see a push to repeal NFA and GCA.
It would fail, certainly in the short term, maybe in the long term, but I would like to see communists on the defensive, trying to hold onto the limits to freedom they have now, instead of on the attack, trying to limit freedom further.
As for the NRA, they may not be perfect, but we'd be up the creek without them.
It would fail, certainly in the short term, maybe in the long term, but I would like to see communists on the defensive, trying to hold onto the limits to freedom they have now, instead of on the attack, trying to limit freedom further.
As for the NRA, they may not be perfect, but we'd be up the creek without them.
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6,505 Posts
So are we able to buy handguns out of state now? I've been asking around to everyone I know and no one has been able to give a straight answer. Only reason I ask is because I'm looking at a handgun purchase in the near future and I have a trip to NH planned in the next few weeks. Wouldn't mind saving on the sales tax.
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5,649 Posts
No. But you could call all the FFLs you like to verify -- perhaps one in the North Texas jurisdiction where the ruling took place will do it? Nah.
- OS
I would like to know too. An update from someone in the know of the legal world would be appreciated.
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C'mon y'all, surely you don't need a lawyer to tell you that no FFL is going to do it on the basis of that decision, and even if they did try, the 4473 would not be approved because ATF isn't going to say it's okay to do it.
And the case had nothing to do with private sales, so of course existing federal law still applies there too.
This was one decision in one regional federal court that only covers part of one state. Relatively meaningless thus far unless/until it wends its way up the system.
- OS
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4,978 Posts
Yes, you can now buy a handgun from an FFL in a different state same as a long gun. Most dealers will not know this, and the ATF will not volunteer to tell them. If they call and ask the ATF, and the criminals at the agency tell the dealer that you can not purchase based on residency, reference this case to them. If they continue the lie get a lawyer and sue the MF out of them.
Its not going to be easy for a wile, but that's how it goes when you live in a nation on the verge of dictatorship, and are resisting their takeover.
They will not do anything to help us, we are the only ones who can fight for our rights. They may have helped in the past, but now they are little more than another money vacuum lobbyist group.
ETA, You know we can speed up the process by disseminating this knowledge to any of our local FFL, or big box stores(Cabelas, Sheels) That way the word gets out faster, and any resistance can be pushed on harder. You know United We Stand...
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I would think that any FFL would be clamoring to sell to buyers visiting from out of state and they'll probably be ready to go on this issue.
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One of my new FFLs was concerned receiving a pistol from a individual, and not another dealer. He wasn't sure it was legal, or a good idea. Lots of FFls are law scared, even if its legal they fear the jack boot of the ATF kicking them in the junk. That's why this will be slow going at first.
We all have remember the ATF is under the Administrative branch so Obama is still their boss. And any FFL dealer that chooses to be one of the first to sell a handgun to an out of stater is setting himself up to be challenged with a lawsuit from the ATF.
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5,649 Posts
Doesn't matter what they may want to do. The 4473 isn't going to go through for out of state handgun purchasers if they try to sell to them.
- OS
It really is stupid that I can drive 400 miles west of here and buy a gun from a store then stop and get one from a private sale on the 400 mile drive home; as long as I stay in my state.
But I can't drive 20 miles east and buy a handgun from a store unless it's shipped to an FFL here; because that way is another state.
I either pass a national backround check or I don't. That should apply to mail order purchases too.
But I can't drive 20 miles east and buy a handgun from a store unless it's shipped to an FFL here; because that way is another state.
I either pass a national backround check or I don't. That should apply to mail order purchases too.
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8,705 Posts
Lets not forget, the Batf is no stranger to operating outside of the law, they would bankrupt a person or gun shop just for fun.
This is an agency that murders people with no repercussions
This is an agency that murders people with no repercussions
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6,420 Posts
Look at it from the POV of the FFL – what’s the upside and down side to him? I don’t think the risk is worth the reward for early adopters.
I think some of the big guys out there like say Bud’s would be the first ones ‘in the pool’. It’ll be a while before it gets all settled out. Courts tend to plod along … This would be a good one for the SCOTUS but doubt they’ll see it. If the case holds on appeal I doubt the forces of evil would appeal – that risks really letting the genie out of the bottle.
Once it holds on appeal it’ll make for interesting situation in IL. We have a 72 hour wait on handguns, Missouri does not. None of the surrounding states do. Once the court stuff settles and we can buy pistols in free states I’d expect to see a drop in IL gun store sales. I’d be willing to make a little road trip on a Saturday to buy from a free state … if nothing else but to jew the state out of the sales tax .. .
I think some of the big guys out there like say Bud’s would be the first ones ‘in the pool’. It’ll be a while before it gets all settled out. Courts tend to plod along … This would be a good one for the SCOTUS but doubt they’ll see it. If the case holds on appeal I doubt the forces of evil would appeal – that risks really letting the genie out of the bottle.
Once it holds on appeal it’ll make for interesting situation in IL. We have a 72 hour wait on handguns, Missouri does not. None of the surrounding states do. Once the court stuff settles and we can buy pistols in free states I’d expect to see a drop in IL gun store sales. I’d be willing to make a little road trip on a Saturday to buy from a free state … if nothing else but to jew the state out of the sales tax .. .
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