Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL

[TomsTXCHL]

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.

Pardon my ignorance please, but presently if I am out-of-state i.e. living at our vacation home Up North for several months, I can't walk into a gun shop there and buy a gun for our local use e.g. protection? That I'd have to bring such from TX?

[Oldgringo]

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.

Pardon my ignorance please, but presently if I am out-of-state i.e. living at our vacation home Up North for several months, I can't walk into a gun shop there and buy a gun for our local use e.g. protection? That I'd have to bring such from TX?

Sorta' correct. You can buy long guns out of state but not handguns. Supposedly, that law just got changed?

[CleverNickname]

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.

Pardon my ignorance please, but presently if I am out-of-state i.e. living at our vacation home Up North for several months, I can't walk into a gun shop there and buy a gun for our local use e.g. protection? That I'd have to bring such from TX?

It's possible to be a resident of multiple states, so you could have bought a handgun in that state even before this ruling.

[C-dub]

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.

Pardon my ignorance please, but presently if I am out-of-state i.e. living at our vacation home Up North for several months, I can't walk into a gun shop there and buy a gun for our local use e.g. protection? That I'd have to bring such from TX?

It's possible to be a resident of multiple states, so you could have bought a handgun in that state even before this ruling.

I'm not certain of the validity of this, but you can legally only have one driver's license. That would present a problem for these purposes.

[TomsTXCHL]

It seem that at present anyway I would not be able to buy a handgun from a WI dealer while I am there, given all my ID is TX.

But I will find an LGS there one day and confirm. Thanks all.

[CleverNickname]

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.

Pardon my ignorance please, but presently if I am out-of-state i.e. living at our vacation home Up North for several months, I can't walk into a gun shop there and buy a gun for our local use e.g. protection? That I'd have to bring such from TX?

It's possible to be a resident of multiple states, so you could have bought a handgun in that state even before this ruling.

I'm not certain of the validity of this, but you can legally only have one driver's license. That would present a problem for these purposes.

A drivers license shows residency and proves identity, but it's also possible to use other documents such as utility bills in your name to prove residency, and just use a drivers license to prove identity.

[AlaskanInTexas]

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.

Pardon my ignorance please, but presently if I am out-of-state i.e. living at our vacation home Up North for several months, I can't walk into a gun shop there and buy a gun for our local use e.g. protection? That I'd have to bring such from TX?

It's possible to be a resident of multiple states, so you could have bought a handgun in that state even before this ruling.

I'm not certain of the validity of this, but you can legally only have one driver's license. That would present a problem for these purposes.

A drivers license shows residency and proves identity, but it's also possible to use other documents such as utility bills in your name to prove residency, and just use a drivers license to prove identity.

Here is what the federal regulations (27 CFR 478.11) have to say about the matter:

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1.
A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2.
A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3.
A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4.
A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.

[tomneal]

I should know this but I don't.


I am a resident of Texas.
This time last year, I could have bought a long gun from New Mexico, Oklahoma, Arkansas, or Louisiana.
Could I have purchased (and taken possession) of a long gun in a noncontiguous state like Kansas or Utah?

[CleverNickname]

I should know this but I don't.


I am a resident of Texas.
This time last year, I could have bought a long gun from New Mexico, Oklahoma, Arkansas, or Louisiana.
Could I have purchased (and taken possession) of a long gun in a noncontiguous state like Kansas or Utah?

http://nssf.org/factsheets/PDF/Contiguo ... strict.pdf" onclick="window.open(this.href);return false;

[tomneal]

Oh, right.
I remember that from 2 or 4 years ago.
The contiguous state limitation was a Texas law. The TSRA/NRA worked with the Texas Legislature on changes.

[tms119]

Awww I got excited for a moment and thought it would apply to private transfers. Oh well, still good news!

[ELB]

...
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.


Schadenfreude alert! A commenter over at Clayton Cramer's blog points out that this decision was made possible by Sarah Brady and the Brady law. Clayton notes an original justification for the law was that an FFL in another state could not get a background check done on an out-of-state buyer in the old days, but now with the NICS (courtesy of the Brady Law), a background check can be done anywhere in the nation on any one from another place, so there's no reason to restrict FFL sales to any buyer. Thanks to Sarah, and to Al Gore for inventing the innerwebs.

[Liberty]

Bloomburg's, and De Blassio's heads must be ready to explode. I hope they get it on video tape.

[Jumping Frog]

...
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.

[ELB]

Stay denied!
http://onlygunsandmoney.blogspot.com/20 ... ested.html" onclick="window.open(this.href);return false;