Interstate sale of handgun laws may be changing

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Malamute
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Interstate sale of handgun laws may be changing

Post by Malamute »

Saw this linked eslewhere. It looks like the federal ban on interstate sale of handguns has been found lacking by a federal judge. Interesting read and analisys of it.

http://www.thetruthaboutguns.com/2015/0 ... itutional/
"Far better it is to dare mighty things, to win glorious triumphs even though checkered by failure, than to rank with those poor spirits who neither enjoy nor suffer much because they live in the gray twilight that knows neither victory nor defeat." -Theodore Roosevelt-

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AJMD429
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Re: Interstate sale of handgun laws may be changing

Post by AJMD429 »

It would be nice, but . . . .

. . . . what you want to bet it will be attached to legislation that mandates a 'universal background check' for ALL sales. . . :evil:

The bottom line is that the feds really don't have any Constitutional business 'regulating' firearms sales AT ALL...

Gun 'registration' is the most treacherous of all, as it seems 'harmless' to the uninformed.
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Blaine
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Re: Interstate sale of handgun laws may be changing

Post by Blaine »

AJMD429 wrote:It would be nice, but . . . .

. . . . what you want to bet it will be attached to legislation that mandates a 'universal background check' for ALL sales. . . :evil:

The bottom line is that the feds really don't have any Constitutional business 'regulating' firearms sales AT ALL...

Gun 'registration' is the most treacherous of all, as it seems 'harmless' to the uninformed.
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Thunder50
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Re: Interstate sale of handgun laws may be changing

Post by Thunder50 »

Yeah, me too!! But once I would have it shipped home and then fees, ect. they weren't such great deals
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Malamute
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Re: Interstate sale of handgun laws may be changing

Post by Malamute »

AJMD429 wrote:It would be nice, but . . . .

. . . . what you want to bet it will be attached to legislation that mandates a 'universal background check' for ALL sales. . . :evil:

The bottom line is that the feds really don't have any Constitutional business 'regulating' firearms sales AT ALL...

Gun 'registration' is the most treacherous of all, as it seems 'harmless' to the uninformed.
As a court ruling, I dont think they can attach anything to it like could happen with a bill the house or senate may try to pass. Its simply saying as written and used, the part of the law that prohibits interstate sales of handguns doesnt pass consitutional muster, and is redundant to the intent of the law and crime prevention.

If they change anything about federal laws, it will be in steps, not throwing out all the laws at once. Just like now most states have concealed carry laws, 30 years ago, few did. Laws passed, were refined over time, some states going eventually to no permit carry.

Saw also that Texas is trying to pass a bill saying that guns made entirely in Texas wouldnt be subject to federal commerce clause regulations. They are also trying to make it illegal for federal laws that are more restrictive than state laws to not be enforcable, and those attempting to enforce them subject to charges. Some other interesting things. Have to see how they go.

http://pistol-forum.com/showthread.php? ... d-in-Texas
"Far better it is to dare mighty things, to win glorious triumphs even though checkered by failure, than to rank with those poor spirits who neither enjoy nor suffer much because they live in the gray twilight that knows neither victory nor defeat." -Theodore Roosevelt-

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Re: Interstate sale of handgun laws may be changing

Post by Sixgun »

Yea.....nice......personally, I've never been affected......being from a pretty much the only pro-gun state east of the Mississippi.

Being an old head and remembering how it was in the seventies, we have all come a long way in gun freedom. That's why I put all of my eggs in one basket...the NRA. ------6
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sore shoulder
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Re: Interstate sale of handgun laws may be changing

Post by sore shoulder »

Sixgun wrote:Yea.....nice......personally, I've never been affected......being from a pretty much the only pro-gun state east of the Mississippi.

Being an old head and remembering how it was in the seventies, we have all come a long way in gun freedom. That's why I put all of my eggs in one basket...the NRA. ------6
You do realize, this case, and a lot of other recent pivotal legislation, is sponsored CCRKBA, not the NRA. In fact, I would say more ground has been taken back in the last ten years by CCRKBA, GOA and SAF than the NRA. We won't even go in to how the NRA single handedly invented gun control in the US.
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Re: Interstate sale of handgun laws may be changing

Post by FatJackDurham »

being from a pretty much the only pro-gun state east of the Mississippi
What? You are from Vermont too?

It's funny, no one ever includes Vermont when they put together the great list of least restrictive state laws on firearms.

1) No permit required to carry guns, loaded or otherwise, concealed or otherwise.

2) State legislature must approve any municipal gun laws ( and the never do, despite the hoopla over Burlington trying to restrict guns, the state legislature refused to hear the bill)

3) No waiting period

4) No requirements for storage

The only restrictions I am aware of is that hunting rifles must be unloaded while being transported in a truck (to cut down on road-running), and silencers are not permitted.
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AJMD429
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Re: Interstate sale of handgun laws may be changing

Post by AJMD429 »

Indiana is pretty good too. Florida copied OUR CCW law, then got famous for it... :lol:
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Re: Interstate sale of handgun laws may be changing

Post by BAGTIC »

Sixgun wrote:Yea.....nice......personally, I've never been affected......being from a pretty much the only pro-gun state east of the Mississippi.

Being an old head and remembering how it was in the seventies, we have all come a long way in gun freedom. That's why I put all of my eggs in one basket...the NRA. ------6

I think you need a new map.
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7.62 Precision
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Re: Interstate sale of handgun laws may be changing

Post by 7.62 Precision »

It's perspective, guys. From where he sits, it looks like no one else is pro-gun; NY, NJ, MD, DC, etc.
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7.62 Precision
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Re: Interstate sale of handgun laws may be changing

Post by 7.62 Precision »

Malamute wrote: Saw also that Texas is trying to pass a bill saying that guns made entirely in Texas wouldnt be subject to federal commerce clause regulations. They are also trying to make it illegal for federal laws that are more restrictive than state laws to not be enforcable, and those attempting to enforce them subject to charges. Some other interesting things. Have to see how they go.

http://pistol-forum.com/showthread.php? ... d-in-Texas
Those types of laws already exist here in Alaska. Problem with the Feds and the interstate commerce clause is that they can justify anything:
• Does the gun use any parts made outside the state? Interstate commerce applies.
• Was the gun made of any raw materials that came from another state? Interstate commerce applies.
• Was the gun made using any tools that crossed state lines? Interstate commerce applies.
• Were the tools made in state with raw materials or tools from another state? Interstate commerce applies.
• Would the purchase of this gun cause someone to not purchase a gun made in another state? Well guess what . . .

Abusing the interstate commerce clause has given the feds all the excuses they ever wanted for violating states' and individuals' constitutionally protected rights since way back.
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Re: Interstate sale of handgun laws may be changing

Post by firefuzz »

7.62 Precision wrote:Abusing the interstate commerce clause has given the feds all the excuses they ever wanted for violating states' and individuals' constitutionally protected rights since way back.

Yup. This one's their catch-all.

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