Search found 3 matches

by Jumping Frog
Sat Feb 14, 2015 10:35 am
Forum: Federal
Topic: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL
Replies: 36
Views: 13249

Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO

ELB wrote:
Jumping Frog wrote: ...
This ruling does not apply at all to BudsGunShop (Kentucky) unless or until the day that the SCOTUS upholds the ruling.
Dave Hardy points out that the court ordered the Attorney General to not enforce certain parts of the law, and therefore, if he did so even in another jurisdiction he may be violating the order and subject to contempt of court proceedings in the Northern District of Texas. That would be interesting to see.
http://armsandthelaw.com/archives/2015/02/ban.php" onclick="window.open(this.href);return false;

In any case I'll bet the order will be stayed while it is appealed.
That is a very interesting observation that I had not considered. We will see if it is stayed or not. :thumbs2:
by Jumping Frog
Thu Feb 12, 2015 6:33 am
Forum: Federal
Topic: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL
Replies: 36
Views: 13249

Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO

Beiruty wrote:What it says, You can buy from Budsguns and he would ship it directly to your address. The only thing I feel the need to be changed is the Federal form being online filled and electronically signed plus background check or provide electronic form of a CHL to the out of state FLL dealer.
No, that isn't what it says at all.

Nothing in it justifies mail order sales. There is still the requirement to go into an FFL and complete a Form 4473 in person. The FFL has to complete the NICS check.

If upheld, what this ruling means is I could travel to Louisiana or Mississippi and if I see a handgun in a store that I want to purchase, I could buy the gun in those states and carry it directly back to Texas (or ship it to myself).

If I had friends or family come to visit Texas from any other state, such as Oklahoma, or Georgia, and we went shopping here in Texas, they could buy a handgun from an FFL here directly even though they are not a Texas resident.

First, I'd want this appealed and upheld by the United States Court of Appeals for the Fifth Circuit. It has jurisdiction over the following districts:

Eastern District of Louisiana
Middle District of Louisiana
Western District of Louisiana
Northern District of Mississippi
Southern District of Mississippi
Eastern District of Texas
Northern District of Texas
Southern District of Texas
Western District of Texas

This ruling does not apply at all to BudsGunShop (Kentucky) unless or until the day that the SCOTUS upholds the ruling. But even then, I'd have to physically go into BudsGunShop, purchase in person, and take the gun with me to ship or travel back to Texas.
by Jumping Frog
Wed Feb 11, 2015 11:15 pm
Forum: Federal
Topic: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL
Replies: 36
Views: 13249

Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO

Best part of this decision is if it survives appeal to US 5th District Court of Appeals, it applies to Texas without having to wait on the SCOTUS.

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