Interstate handgun sales

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  • nick112288

    Plinker
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    Feb 11, 2015
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    So I'm not sure how to find specific cases, and can't find anything since march on the web, but what ever became of the judge ruling it was unconstitutional to ban out of state handgun sales? I know Holder tried to go for a stay but was denied. What was their response? Did it just up and die?

    Thanks
     

    Alamo

    Grandmaster
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    Oct 4, 2010
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    I think the state (Texas?) appealed.

    Good lord no, the State of Texas did not appeal anything.

    The suit was #40 Mance v. Holder - Memo Opinion and Order, as in Eric Holder, the former Attorney General of the US. The name of the suit is now Mance vs Lynch. The US Department of Justice is appealing to the US 5th Circuit Court and has filed an opening brief. http://nssf.org/share/pdf/Mance_v_Lynch_Opening_Brief_07_13_15.pdf

    My understanding is that altho the current decision was only at the Federal District Court in the northern district of Texas, it applies nation-wide....but good luck getting any other FFL to agree to sell a handgun to someone in another state without going through a FFL from that state.
     

    GodFearinGunTotin

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    Mitchell
    Good lord no, the State of Texas did not appeal anything.

    The suit was #40 Mance v. Holder - Memo Opinion and Order, as in Eric Holder, the former Attorney General of the US. The name of the suit is now Mance vs Lynch. The US Department of Justice is appealing to the US 5th Circuit Court and has filed an opening brief. http://nssf.org/share/pdf/Mance_v_Lynch_Opening_Brief_07_13_15.pdf

    My understanding is that altho the current decision was only at the Federal District Court in the northern district of Texas, it applies nation-wide....but good luck getting any other FFL to agree to sell a handgun to someone in another state without going through a FFL from that state.

    Of course. I knew somebody did. :)
     

    Alamo

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    BTW, there is a somewhat related suit, Dearth v Lynch, where an American living in Canada is suing over the (in)ability to buy a handgun. ATF regulations only allow you to buy a handgun from an FFL in your state of residence, but he doesn't have a state of residence for this purpose - he lives in Canada. He meets all Federal laws to buy a handgun, no felonies etc, but because he is not a resident of a US State he can't get anyone to sell him one for his use in self-defense when he is in the US (he has a Utah carry permit, presumably a non-resident one). ATF lost on this at the Federal Court of Appeals in Washington DC. Gura is handling both cases (Mance and Dearth).
     

    calcot7

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    Dec 12, 2008
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    Indy N Side
    BTW, there is a somewhat related suit, Dearth v Lynch, where an American living in Canada is suing over the (in)ability to buy a handgun. ATF regulations only allow you to buy a handgun from an FFL in your state of residence, but he doesn't have a state of residence for this purpose - he lives in Canada. He meets all Federal laws to buy a handgun, no felonies etc, but because he is not a resident of a US State he can't get anyone to sell him one for his use in self-defense when he is in the US (he has a Utah carry permit, presumably a non-resident one). ATF lost on this at the Federal Court of Appeals in Washington DC. Gura is handling both cases (Mance and Dearth).

    It is my understanding that you must first possess a License to carry or permit from your state of residency before you can apply for the Utah permit. Can people in a Canadian Provinces get licensed to carry handguns?
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where's the bacon?
    It is my understanding that you must first possess a License to carry or permit from your state of residency before you can apply for the Utah permit. Can people in a Canadian Provinces get licensed to carry handguns?

    Might have had it from before that was required. Not sure that that rule applies to renewals.

    I still say Indiana should start making the LTCH available to non-residents, and not only to those who have employment here. Why should FL and UT be getting all the non-res money?

    Blessings,
    Bill
     

    Timjoebillybob

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    It is my understanding that you must first possess a License to carry or permit from your state of residency before you can apply for the Utah permit. Can people in a Canadian Provinces get licensed to carry handguns?

    Technically yes, practically no. For personal protection a person must show imminent danger and that police protection is insufficient.... So no.

    Although since UT states state of residence and Canada doesn't have states.... But I'm going to guess he doesn't have a US state of residence is the reason why he is allowed to get a non-res UT.
     

    Streck-Fu

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    Jul 2, 2010
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    Noblesville
    ....but good luck getting any other FFL to agree to sell a handgun to someone in another state without going through a FFL from that state.

    Why?

    I don't think that this is an issue of shipping a firearm to another state rather it is an issue of someone traveling or visiting another state and buying a gun in person. For example, I visit family in Florida and visit a gun shop and buy a gun, then transport it myself home. Why wouldn't they be interested in my business if I fill out the 4473 and pass a background check?
     
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