FireArm Friday: Fighting Back Against a Stupid and Useless Law - #2A
Gun Groups Moves to Strike Down Ban on Interstate Handgun Sales
As part of its ongoing mission to ensure individuals can exercise their right to keep and bear arms throughout the United States, Firearms Policy Coalition (FPC) announced that it has filed a motion for summary judgment in the case of Elite Precision Customs v. ATF. At issue in FPC’s lawsuit are federal laws that ban licensed firearm dealers from selling handguns to buyers who live in another state. That, Firearms Policy Coalition says, is unconstitutional.
Background on Elite Precision Customs v. ATF
This case challenges the federal prohibition on direct interstate handgun sales to law-abiding citizens. Under current law, it is illegal for federally licensed firearms dealers to sell handguns to individuals who reside in a different state, even if the buyer is fully eligible to possess firearms and passes a background check. Instead, buyers must arrange for the handgun to be shipped to a dealer in their home state, incurring additional fees and delays.
Elite Precision Customs, a Texas-based gun shop, along with individual plaintiffs and Firearms Policy Coalition, argue this restriction violates the Second Amendment. They point out that modern background check systems already ensure compliance with federal and state laws, making the 1968-era ban unnecessary and burdensome.
The lawsuit builds on earlier litigation (Mance v. Holder), which initially struck down the ban before being overturned on appeal under…