Ban on Interstate handgun transfers ruled unconstitutional - Page 2

gc70 · February 14, 2015, 03:19 PM

The DOJ requested a 60-day stay on Friday.

steve4102 · February 16, 2015, 08:04 AM

Andrew Branca's article is no longer available, anyone save it or know where to find it?

**Frank Ettin** · February 16, 2015, 11:40 AM

Quote:

Originally Posted by steve4102

Andrew Branca's article is no longer available, anyone save it or know where to find it?

This link just worked for me.

TDL · February 25, 2015, 10:45 PM

Quote:

We also are still running into the giant mess that is the legal status of Washington D.C. as not-a-state. Which is probably why Gura keeps using DC residents, with an eye towards incorporation after it's settled Federally. I'm curious if the Government will respond by claiming DC residents are not residents of a state, and therefore can't buy an out of state long gun either.

DC residents can of course right now buy out of state long guns. I have bought them in Md and Va. They don't need to go through DC FLL like handguns do.

I have had neither Dick's in Va or Bass Pro in Md bat an eye. You do have to go twice. Once trip to purchase it, get them to fill out the DC form with serial number, and once ten days later to pick it up.

With handguns one is stuck with the $125 premium for the DC FLL.

steve4102 · July 23, 2016, 02:25 PM

What ever happened with the 60 day Stay?

armedleo · July 23, 2016, 04:01 PM

Does the decision not become case law? And can it not be cited to as precedent should a similar lawsuit arise?

**Spats McGee** · July 23, 2016, 05:07 PM

Interestingly, the trial court denied the motion for stay back on February 26, 2015. I just spotted that on PACER, and hadn't realized it before, or maybe hadn't remembered. Oral arguments were held in January of 2016, and briefs, both from parties and amici have been filed, as well as supplemental authorities. Last docket activity was a response to supplemental authority on may 19, 2016.

Quote:

Originally Posted by armedleo

Does the decision not become case law? And can it not be cited to as precedent should a similar lawsuit arise?

It's kind of in limbo. Yes, the decision out of the Northern District of Texas could technically be cited in an attempt to persuade a judge, but it's not binding on anybody, and it's up on appeal. So it's not worth much (if anything) as caselaw. The lawyer citing would kind of be saying, "Well, judge, there's this decision out there. It's not final, and it's up on appeal. But there is at least one judge in the federal judiciary who agrees with me, and this is the best support I've got." (Because why would you bring anything less than the best you've got?)

armedleo · July 23, 2016, 05:18 PM

Thank you, Spats.

February 14, 2015, 03:19 PM	#26
gc70 Senior Member Join Date: May 24, 2005 Location: North Carolina Posts: 2,903	The DOJ requested a 60-day stay on Friday.

February 16, 2015, 08:04 AM	#27
steve4102 Senior Member Join Date: December 23, 2005 Location: Minnesota Posts: 2,952	Andrew Branca's article is no longer available, anyone save it or know where to find it?

July 23, 2016, 02:25 PM	#30
steve4102 Senior Member Join Date: December 23, 2005 Location: Minnesota Posts: 2,952	What ever happened with the 60 day Stay?

July 23, 2016, 04:01 PM	#31
armedleo Senior Member Join Date: July 5, 2015 Posts: 265	Does the decision not become case law? And can it not be cited to as precedent should a similar lawsuit arise?

July 23, 2016, 05:18 PM	#33
armedleo Senior Member Join Date: July 5, 2015 Posts: 265	Thank you, Spats.