In an opinion filed on February 11, 2015, and one that almost certainly will be appealed, a Federal District Court (trial court) in Northern Texas has ruled that the long-standing prohibition, found in the Gun Control Act of 1968, which makes it illegal for Federal Firearms Licensees (FFLs) to sell handguns to residents of states other than the state where the FFL is located, is unconstitutional. Mance v. Holder.
The court found that the plaintiffs, a Texas FFL, the FFL’s two customers (husband and wife) who reside in the District of Columbia, and the Committee for the Right to Keep and Bear Arms, all have standing to bring this challenge to the “federal interstate handgun transfer ban,” which is found in the Gun Control Act of 1968.
The Court then found that, based on District of Columbia v. Heller, the federal interstate handgun transfer ban is properly evaluated under a test of constitutionality known as “strict scrutiny” and that it fails that test. Very few laws can survive strict scrutiny analysis.
The Court went on to find that the transfer ban would still be unconstitutional under the lower, more lenient, standard of “intermediate level” scrutiny.
Although the trial court’s opinion in Mance v. Holder is very favorable to those who support the Second Amendment, the trial court’s opinion on this constitutional issue almost certainly will be appealed.
The court’s full opinion can be accessed here:
https://www.firearmspolicy.org/wp-content/uploads/2015/02/40-opinion.pdf
For more information on this topic, or other leg topics, click here to: Contact Lapin Law Offices
Attorney Dallas TX 75244
Lapin Law Offices, P.C.
5001 Spring Valley Road, Suite 400 East
Dallas, Texas 75244
972. 292.7425
Disclaimer: The information contained in this publication is provided by Lapin Law Offices, P.C., for informational purposes only and, shall not constitute legal advice or create an attorney-client relationship. The laws and interpretation of laws discussed herein may not accurately reflect the law in the reader’s jurisdiction. Do not rely on the information contained in this publication for any purpose. If you have a specific legal question, please consult with an attorney in your jurisdiction who is competent to assist you.
The court found that the plaintiffs, a Texas FFL, the FFL’s two customers (husband and wife) who reside in the District of Columbia, and the Committee for the Right to Keep and Bear Arms, all have standing to bring this challenge to the “federal interstate handgun transfer ban,” which is found in the Gun Control Act of 1968.
The Court then found that, based on District of Columbia v. Heller, the federal interstate handgun transfer ban is properly evaluated under a test of constitutionality known as “strict scrutiny” and that it fails that test. Very few laws can survive strict scrutiny analysis.
The Court went on to find that the transfer ban would still be unconstitutional under the lower, more lenient, standard of “intermediate level” scrutiny.
Although the trial court’s opinion in Mance v. Holder is very favorable to those who support the Second Amendment, the trial court’s opinion on this constitutional issue almost certainly will be appealed.
The court’s full opinion can be accessed here:
https://www.firearmspolicy.org/wp-content/uploads/2015/02/40-opinion.pdf
For more information on this topic, or other leg topics, click here to: Contact Lapin Law Offices
Attorney Dallas TX 75244
Lapin Law Offices, P.C.
5001 Spring Valley Road, Suite 400 East
Dallas, Texas 75244
972. 292.7425
Disclaimer: The information contained in this publication is provided by Lapin Law Offices, P.C., for informational purposes only and, shall not constitute legal advice or create an attorney-client relationship. The laws and interpretation of laws discussed herein may not accurately reflect the law in the reader’s jurisdiction. Do not rely on the information contained in this publication for any purpose. If you have a specific legal question, please consult with an attorney in your jurisdiction who is competent to assist you.