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by RoyGBiv
Wed Feb 11, 2015 3:45 pm
Forum: Federal
Topic: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL
Replies: 36
Views: 13129

Re: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIO

cb1000rider wrote:It appears to be pretty narrow, only striking down 3 things:
§ 922(a)(3), 18 U.S.C. § 922(b)(3), and27 C.F.R. § 478.99(a)

Anyone want a shot at the cliffs notes of what they are?
The heart of Federal interstate sales and transfers prohibitions.
http://www.law.cornell.edu/uscode/text/18/922" onclick="window.open(this.href);return false;
(a)(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(b)(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

and... http://www.law.cornell.edu/cfr/text/27/478.99" onclick="window.open(this.href);return false;
§ 478.99 Certain prohibited sales or deliveries.
(a) Interstate sales or deliveries. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall not sell or deliver any firearm to any person not licensed under this part and who the licensee knows or has reasonable cause to believe does not reside in (or if a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business or activity is located: Provided, That the foregoing provisions of this paragraph (1) shall not apply to the sale or delivery of a rifle or shotgun (curio or relic, in the case of a licensed collector) to a resident of a State other than the State in which the licensee's place of business or collection premises is located if the requirements of § 478.96(c) are fully met, and (2) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes (see § 478.97).
by RoyGBiv
Wed Feb 11, 2015 2:52 pm
Forum: Federal
Topic: Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL
Replies: 36
Views: 13129

Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL

By US District Court, Northern District of Texas. :hurry:
US District Judge Reed O'Conner

Mance v. Holder
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It's got a long way to go before it's settled... Sure to be appealed. Still.... :hurry:

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