Federal Interstate Handgun Sales Ban Ruled Unconstitutional

[The brew guy 22]

This is NJ, we'll get behind anything that has the slightest chance of changing the status quo.

[siderman 1,137]

Not that this even remotely applies yet, but if it did I would think you would not need a NJ P2P.  That is a state law, and no other state has to comply with that for sales within their borders.  Thus, you could purchase a handgun legally in state "X" as long as you met Federal and state "X" requirements.  You then legally own that gun, and I believe NJ allows you to bring a gun into the state with no limitations (other than it be state compliant) that you legally obtained elsewhere.  They would somehow have to change NJ law to prohibit that, and that would likely get challenged.  Thus, when this all settles in 10 -15 years we can come back and revisit it

Dont out of state dealers require us to show the FPID for long guns? That is a NJ law so why wouldnt they want to see/fill out a pp that also is NJ law? from there you get the NJ authorities being notified via their respective copys of the pp which starts the OGAM clock.... nothing changes except NJ doesnt get their slice of nics fees and we maybe save a few bucks by not shipping to a NJ ffl. But by the time all this MAY be implemented we will all be using Armatrex  22's tied to our wrists anyway....

[Malsua 1,422]

There is no current ban on interstate sales of long guns. There is a federal law that says in order for a resident of one state to purchase a long gun in another state, it must go through an FFL of either state and the laws of both states (purchase state & resident state) must be adhered to. Which means that if I go to PA and buy a long gun, I must have a FPID and the dealer is to fill out two COE's (one for him and one for the purchaser). The dealer would use PICS for the background check. What makes you think it would be different with handguns, should this become the law of the land? At that point it simply becomes a matter of whether out of state dealers are willing to do the extra work to sell a handgun to a non-resident - just as it is now for long guns.

 

A lot of people are reading way too much into this.

 

Adios,

 

Pizza Bob

 

And that language doesn't exist for handguns since sales of handguns to out of state residents is illegal.      That is not to say they wouldn't hurry up and add that language in for handgun sales, but it currently isn't on the books meaning it isn't required.

[SJG 253]

A lower federal court opinion declaring a law unconstitutional only effects the parties in that specific case and has no binding effect either in the circuit where the federal court sits or outside the State where it is located. Within the next few days it is likely that a stay will be applied for an an appeal filed to the Circuit Court of Appeals. The decision is also not binding on any Texas State Court Judge or on any State Court Judge in any other State. If the decision is affirmed by the Circuit Court, the decision is only binding in that Circuit and no where else. Unless the United States Supreme Court agrees the Statute is unconstitutional none of this will impact NJ although it is possible that it could provide impetus for a change in Federal Statutory Law. It is also possible the decision could result in a similar suit being filed in NJ to get the ball rolling here.

[Bushmaster1313 61]

Because the statute was ruled unconstutional on its face It might be illegal for the Feds to enforce it in any state, but I do not think it gives anyone who lives in a restrictive state any additional substantive rights.

 

However, a victory is a victory, and the strict scrutiny standard is a strategic win.

[jackandjill 683]

The current NJ P2P says "for use only within the state of new jersey" and also "seller must be located in New Jersey".