The unconstitutional and nonsensical prohibition on federally licensed firearm dealers selling handguns to out-of-state buyers faces a stiff new challenge from the Firearms Policy Coalition (FPC).
The lawsuit is Elite Precision Customs v. ATF, and it seeks to end the absurd ban on these transactions. After all, the purchaser would still need to undergo the mandatory federal background check they would face in their home state.
FPC President Brandon Combs explained the Second Amendment rights organization’s reasoning in a statement.
“FPC and our courageous co-plaintiffs are proud to take on the federal government and fight forward to bring this evil ban scheme to an end,” Combs declared. “This important case is part of our broader strategic litigation efforts to eliminate laws that deny the right of peaceable people to exercise their right to acquire, possess, and carry arms while outside their state of residence.”
Under current federal law, it is illegal for an individual to “transport into or receive in the State where he resides…any firearm purchased or otherwise obtained by such a person outside that State.”
The complaint from the FPC directly confronts this travesty. “This lawsuit challenges the federal ban on interstate transfers of handguns from federally licensed dealers to individuals who are otherwise eligible to purchase and possess a handgun for lawful purchases but cannot purchase directly from a dealer because they do not live in the same state as the dealer.”
To complete such a transaction, the buyer would have to pay for the out-of-state gun dealer to ship the weapon to another dealer within their state. This obviously adds a layer of time and expense to the transaction.
Second Amendment advocates have long noted that this statute does not accomplish anything to prevent crime or make law-abiding citizens safer.
Instead, it just adds another unnecessary obstacle between the people and exercising their fundamental rights under the Constitution.
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