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Posted: 2/12/2015 5:29:20 PM EDT
[#1]
It would be nice if this same ruling ended up applying to NFA transfers too. I.E. being able to buy NFA items outside your state of residence as long as you comply with the other laws.
Living right on the border of 2 states is a real pain in the ass since there are many nearby gun shops to include Class III right across the border that I can't buy certain things from. |
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Posted: 2/12/2015 5:39:19 PM EDT
[#2]
Quote HistoryQuoted: A loss for gun owners at the 5th circuit means appeal to the SCOTUS. However the SCOTUS may elect not to hear the case thus letting the 5th circuit ruling stand. In that event we would need a similar case in another federal circuit court to rule in favor to the gun owners thus creating a split between 2 different federal circuits. This type of split is hard for the SCOTUS to turn away as it pretty much has to resolve the conflict in the name of equal protection of the law. It's not grunted but it is very hard for the SCOTUS to ignore a split between circuit courts. |
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Posted: 2/12/2015 7:03:10 PM EDT
[#3]
Quote HistoryQuoted: If they appeal. As I understand it an appeal could go bad. Quote HistoryQuoted: Quoted: Quoted: Quoted: Quoted: So ordering a pistol from AIM Surplus could be shipped to my door? Nope, different district court. It means that people from Mississippi or Louisiana can go to the Northern District of Texas and buy handguns. It depends on what happens next. As applied challenge: As of right now, that FFL in Texas can sell a pistol to the residents of DC, and the DC residents can buy a pistol from that FFL. Facial: All FFLs in Northern District of Texas can sell pistols to out of state residents and out of state residents can buy pistols from FFLs in Northern District of Texas. it does NOT mean that anyone in any other district can buy or sell to nonresidents. When the fifth circuit rules, that opinion will only be binding in the fifth circuit (LA, MS, TX) and no other circuit or district. I would expect a stay of the decision pending appeal. If they appeal. As I understand it an appeal could go bad. Unless they want to get rid of the Interstate Handgun Ban nation wide, they have to appeal. If they decide not to appeal FFL around the nation will cry foul and want the same deal |
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Posted: 2/12/2015 8:04:58 PM EDT
[#4]
Remember, we lost Lane v Holder in VA which was an almost identical case in a different jurisdiction.
The government will certainly appeal this one. Kharn |
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Posted: 2/12/2015 8:15:03 PM EDT
[#5]
This would be kind of sweet. Except I'll be stopping in every gun store in another state now.
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Posted: 2/12/2015 10:29:58 PM EDT
[#6]
Quote HistoryQuoted:
Remember, we lost Lane v Holder in VA which was an almost identical case in a different jurisdiction. The government will certainly appeal this one. Kharn I certainly hope they appeal this one all the way to the USSC. |
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Posted: 2/13/2015 10:02:21 AM EDT
[#7]
This explains why I got a call yesterday from some crackpot telling my that he didn't need to have an FFL for us to ship him a receiver.
 
I told him I'd wait for the ATF to send me a memo about the rule change. He got mad and hung up. 
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Posted: 2/13/2015 11:02:40 AM EDT
[#8]
Quote HistoryQuoted:
This explains why I got a call yesterday from some crackpot telling my that he didn't need to have an FFL for us to ship him a receiver.
I told him I'd wait for the ATF to send me a memo about the rule change. He got mad and hung up. WRITE A LETTER!!!!! EVERYONE WRITE LETTERS!!!!!! |
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Posted: 2/18/2015 1:34:11 PM EDT
[#9]
https://www.scribd.com/doc/256158942/Motion-for-60-Day-Stay
Government filed a Motion for a 60 Day Stay to determine whether they will appeal the judge's ruling |
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Posted: 2/18/2015 1:59:11 PM EDT
[#10]
Quote HistoryQuoted:
https://www.scribd.com/doc/256158942/Motion-for-60-Day-Stay Government filed a Motion for a 60 Day Stay to determine whether they will appeal the judge's ruling Quote HistoryQuoted:
https://www.scribd.com/doc/256158942/Motion-for-60-Day-Stay Government filed a Motion for a 60 Day Stay to determine whether they will appeal the judge's ruling Link appears to be broken . . . The address is not valid dp |
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Posted: 2/18/2015 2:04:27 PM EDT
[#11]
Quote HistoryQuoted:
Link appears to be broken . . . dp Quote HistoryQuoted:
Quoted:
https://www.scribd.com/doc/256158942/Motion-for-60-Day-Stay Government filed a Motion for a 60 Day Stay to determine whether they will appeal the judge's ruling Link appears to be broken . . . The address is not valid dp https://www.scribd.com/doc/256158942/Motion-for-60-Day-Stay fixed |
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Posted: 2/18/2015 2:59:04 PM EDT
[#12]
Quote HistoryQuote HistoryQuoted:
Quoted:
Quoted:
https://www.scribd.com/doc/256158942/Motion-for-60-Day-Stay Government filed a Motion for a 60 Day Stay to determine whether they will appeal the judge's ruling Link appears to be broken . . . The address is not valid dp https://www.scribd.com/doc/256158942/Motion-for-60-Day-Stay fixed thanks! |
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Posted: 2/18/2015 3:37:12 PM EDT
[#13]
Quote HistoryQuote HistoryQuoted:
Quoted:
Quoted:
https://www.scribd.com/doc/256158942/Motion-for-60-Day-Stay Government filed a Motion for a 60 Day Stay to determine whether they will appeal the judge's ruling Link appears to be broken . . . The address is not valid dp https://www.scribd.com/doc/256158942/Motion-for-60-Day-Stay fixed Thanks |
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Posted: 2/26/2015 1:45:23 PM EDT
[#14]
Quote HistoryQuoted:
Government filed a Motion for a 60 Day Stay to determine whether they will appeal the judge's ruling Would be tickled pink to hear the motion was denied. |
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Posted: 3/3/2015 3:52:39 PM EDT
[#15]
Quote HistoryQuoted:
Would be tickled pink to hear the motion was denied. Quote HistoryQuoted:
Quoted:
Government filed a Motion for a 60 Day Stay to determine whether they will appeal the judge's ruling Would be tickled pink to hear the motion was denied. OMFG - ATF got their peen slapped. Too funny! : Federal judge denies government stall in gun transfer case |
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Posted: 3/3/2015 3:56:14 PM EDT
[#16]
Quote HistoryQuoted: OMFG - ATF got their peen slapped. Too funny! : Federal judge denies government stall in gun transfer case Quote HistoryQuoted: Quoted: Quoted: Government filed a Motion for a 60 Day Stay to determine whether they will appeal the judge's ruling Would be tickled pink to hear the motion was denied. OMFG - ATF got their peen slapped. Too funny! : Federal judge denies government stall in gun transfer case |
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Posted: 3/3/2015 4:03:31 PM EDT
[#17]
Quote HistoryQuoted:
OMFG - ATF got their peen slapped. Too funny! : Federal judge denies government stall in gun transfer case Quote HistoryQuoted:
Quoted:
Quoted:
Government filed a Motion for a 60 Day Stay to determine whether they will appeal the judge's ruling Would be tickled pink to hear the motion was denied. OMFG - ATF got their peen slapped. Too funny! : Federal judge denies government stall in gun transfer case 
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Posted: 3/3/2015 4:04:24 PM EDT
[#18]
This case was cited in the Sur Reply granted in Hollis VS Holder!
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Posted: 3/3/2015 4:47:07 PM EDT
[#19]
So when is FedGov's deadline to appeal?
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Posted: 3/3/2015 5:24:39 PM EDT
[#20]
Holy crap!
I think I heard the shock wave coming off of that bitch slap clear up here! |
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Posted: 3/3/2015 6:13:51 PM EDT
[#21]
OK...
So I can now go to PA, and buy a handgun. But how do I bring it back to NY without going through an FFL and getting it added to my pistol permit? That is the question for us poor idiots living in NY... NY may have to start allowing people to buy a handgun out of state, drive it into NY themselves, and add it to their permits themselves with a gun store receipt listing make model caliber serial number etc.... Interestinggggg.... This may also force NY state to allow out of staters to buy handguns at NY gun stores...that is an even bigger kick in the nuts to NY state. HA! |
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Posted: 3/3/2015 6:21:23 PM EDT
[#22]
Quote HistoryQuoted:
OK... So I can now go to PA, and buy a handgun. But how do I bring it back to NY without going through an FFL and getting it added to my pistol permit? That is the question for us poor idiots living in NY... NY may have to start allowing people to buy a handgun out of state, drive it into NY themselves, and add it to their permits themselves with a gun store receipt listing make model caliber serial number etc.... Interestinggggg.... This may also force NY state to allow out of staters to buy handguns at NY gun stores...that is an even bigger kick in the nuts to NY state. HA! not the right district |
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Posted: 3/3/2015 6:22:52 PM EDT
[#23]
Quote HistoryQuoted:
not the right circut Quote HistoryQuoted:
Quoted:
OK... So I can now go to PA, and buy a handgun. But how do I bring it back to NY without going through an FFL and getting it added to my pistol permit? That is the question for us poor idiots living in NY... NY may have to start allowing people to buy a handgun out of state, drive it into NY themselves, and add it to their permits themselves with a gun store receipt listing make model caliber serial number etc.... Interestinggggg.... This may also force NY state to allow out of staters to buy handguns at NY gun stores...that is an even bigger kick in the nuts to NY state. HA! not the right circut Not so sure about that... A federal judge ruled that a FEDERAL law is unconstitutional. This is not a federal circuit judge ruling that a STATE law is unconstitutional...This is a FEDERAL judge ruling that a FEDERAL law is a no go. A federal law can't be unconstitutional in one circuit, and constitutional in another circuit. It isn't like two circuits disagreeing on a certain topic (shall issue, AWB laws etc.) It is a nationwide, federal law, that applies to ALL states...It is either struck from federal law, or not. Period. This is big... |
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Posted: 3/3/2015 6:24:07 PM EDT
[#24]
Quote HistoryQuoted:
OK... So I can now go to PA, and buy a handgun. Nope, you can't. The ruling only applies to the small district in TX, and only if the FFL in that district follows the laws in both states. You're still hosed due to your state's law. |
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Posted: 3/3/2015 6:25:16 PM EDT
[#25]
Quote HistoryQuoted:
Nope, you can't. The ruling only applies to the small district in TX, and only if the FFL in that district follows the laws in both states. You're still hosed due to your state's law. Quote HistoryQuoted:
Quoted:
OK... So I can now go to PA, and buy a handgun. Nope, you can't. The ruling only applies to the small district in TX, and only if the FFL in that district follows the laws in both states. You're still hosed due to your state's law. Again...Not so sure about that... A federal judge ruled that a FEDERAL law is unconstitutional. This is not a federal circuit judge ruling that a STATE law is unconstitutional...This is a FEDERAL judge ruling that a FEDERAL law is a no go. A federal law can't be unconstitutional in one circuit, and constitutional in another circuit. It isn't like two circuits disagreeing on a certain topic (specific state shall issue/may issue laws, state AWB laws etc.) It is a nationwide, federal law, that applies to ALL states...It is either struck from federal law, or not. Period. This is big... |
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Posted: 3/3/2015 6:31:05 PM EDT
[#26]
Quote HistoryQuoted:
Again...Not so sure about that... A federal judge ruled that a FEDERAL law is unconstitutional. This is not a federal circuit judge ruling that a STATE law is unconstitutional...This is a FEDERAL judge ruling that a FEDERAL law is a no go. A federal law can't be unconstitutional in one circuit, and constitutional in another circuit. It isn't like two circuits disagreeing on a certain topic (shall issue, AWB laws etc.) It is a nationwide, federal law, that applies to ALL states...It is either struck from federal law, or not. Period. This is big... Quote HistoryQuoted:
Quoted:
Quoted:
OK... So I can now go to PA, and buy a handgun. Nope, you can't. The ruling only applies to the small district in TX, and only if the FFL in that district follows the laws in both states. You're still hosed due to your state's law. Again...Not so sure about that... A federal judge ruled that a FEDERAL law is unconstitutional. This is not a federal circuit judge ruling that a STATE law is unconstitutional...This is a FEDERAL judge ruling that a FEDERAL law is a no go. A federal law can't be unconstitutional in one circuit, and constitutional in another circuit. It isn't like two circuits disagreeing on a certain topic (shall issue, AWB laws etc.) It is a nationwide, federal law, that applies to ALL states...It is either struck from federal law, or not. Period. This is big... His decision only applies to his jurisdiction. |
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Posted: 3/3/2015 6:39:19 PM EDT
[#27]
Quote HistoryQuoted:
His decision only applies to his jurisdiction. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
OK... So I can now go to PA, and buy a handgun. Nope, you can't. The ruling only applies to the small district in TX, and only if the FFL in that district follows the laws in both states. You're still hosed due to your state's law. Again...Not so sure about that... A federal judge ruled that a FEDERAL law is unconstitutional. This is not a federal circuit judge ruling that a STATE law is unconstitutional...This is a FEDERAL judge ruling that a FEDERAL law is a no go. A federal law can't be unconstitutional in one circuit, and constitutional in another circuit. It isn't like two circuits disagreeing on a certain topic (specific state shall issue/may issue laws, state AWB laws etc.) It is a nationwide, federal law, that applies to ALL states...It is either struck from federal law, or not. Period. This is big... His decision only applies to his jurisdiction. Can someone explain how a FEDERAL judge's decision on a FEDERAL law doesn't mean it is valid everywhere? This isn't like the 9th circuit ruling against CA's MAY issue laws...that would NOT apply to NY... But this is a federal judge and a federal law... |
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Posted: 3/3/2015 6:45:16 PM EDT
[#28]
Quote HistoryQuoted:
His decision only applies to his jurisdiction. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
OK... So I can now go to PA, and buy a handgun. Nope, you can't. The ruling only applies to the small district in TX, and only if the FFL in that district follows the laws in both states. You're still hosed due to your state's law. Again...Not so sure about that... A federal judge ruled that a FEDERAL law is unconstitutional. This is not a federal circuit judge ruling that a STATE law is unconstitutional...This is a FEDERAL judge ruling that a FEDERAL law is a no go. A federal law can't be unconstitutional in one circuit, and constitutional in another circuit. It isn't like two circuits disagreeing on a certain topic (shall issue, AWB laws etc.) It is a nationwide, federal law, that applies to ALL states...It is either struck from federal law, or not. Period. This is big... His decision only applies to his jurisdiction. SCOTUS would have to rule to slap the whole thing down I believe, but that doesn't mean that this ruling wont force other districts to go this route. I'd love to sue NYS over this shit, in addition to several other things, but alas I don't have the funds. EDit: Dave, you may be right though. |
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Posted: 3/3/2015 6:48:41 PM EDT
[#29]
Quote HistoryQuoted:
I hate trying to read legal crap. This post pursuant to § 9990(b)(3)(6-2)(e=MC2) and 2732 C.F.R.D.G. § 47248.92349(a)(B00Bi3s) for the aforementioned motion by the pursuant body of the decree of the relevance to the gonad juice of the §8762387(a)(b)(Darmok and Gelad at Tenagra) for the §(68763.3298732.363) and §(192.168.152.44) and §(867-5309). Every fucking law ever written should have a sentence at the top that says "This basically says blah blah blah" or you have to read it like a fortune cookie and end it with saying 'in bed'. lol |
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Posted: 3/4/2015 7:21:46 PM EDT
[#30]
Quote HistoryQuoted: Can someone explain how a FEDERAL judge's decision on a FEDERAL law doesn't mean it is valid everywhere? This isn't like the 9th circuit ruling against CA's MAY issue laws...that would NOT apply to NY... But this is a federal judge and a federal law... Federal District Court decisions on the unconsitutionality of a Federal law are only valid in that district - it has to be ruled on by the Federal Circuit that Federal District is in before it becomes binding precedent in that Circuit (if it's upheld). When two Federal Circuits rule differently on the same subject, then the SCOTUS may take up a case to deal with the split Circuits. See US v. Rock Island Armory,Inc 773 F.Supp. 117 (Central District of IL, 1991) for an example. ETA: DOJ never appealed it to the 7th US Circuit, so it is only binding precedent in the Federal Central District of IL. |
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Posted: 3/6/2015 11:37:59 AM EDT
[#31]
On June 27, 2007, O'Connor was nominated by President George W. Bush. Did Alan Gura work for the NRA-GOA endorsed Romney/Ryan Republican Party ticket in 2012? |
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Posted: 3/6/2015 1:00:42 PM EDT
[#32]
So as of right now, I can go to a neighboring state and buy a handgun?
What about for face to face sales? |
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Posted: 3/6/2015 1:24:14 PM EDT
[#33]
Quote HistoryQuoted:
So as of right now, I can go to a neighboring state and buy a handgun?
What about for face to face sales? No |
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Posted: 3/6/2015 1:30:15 PM EDT
[#34]
Quote HistoryQuoted:
How far will this ruling go and how long will it take??? not very far and a lifetime. |
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Posted: 3/29/2015 12:14:11 AM EDT
[#35]
Quote HistoryQuoted:
not very far and a lifetime. Quote HistoryQuoted:
Quoted:
How far will this ruling go and how long will it take??? not very far and a lifetime. I'll be watching and waiting. |
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