No, Texas, so it would be the 5th Circuit Court of Appeals. (We are in the 7th Circuit.)Is the court that decided this cover our district? How wide spread of an area would this cover?
No, Texas, so it would be the 5th Circuit Court of Appeals. (We are in the 7th Circuit.)
But, since these are federal laws, there should be a commonality of interpretation. If different circuits interpret them in different ways, that's called a "circuit split" that often draws the attention of SCOTUS. That's why I mentioned that, unless there is a split, SCOTUS may not be interested in this.
The justices generally don't take issues where there is only 1 circuit decision. They have many cases to choose from and, even if they don't necessarily agree with that decision, if no other circuits are dealing with it any differently, then there's no compelling reason to get involved.
There are, of course, exceptions.
That becomes an enforcement issue.correct me if I'm wrong...but since that was in the 5th and we're in the 7th, then wouldn't gun dealers here be held to the existing law?
I admit I'm not at all familiar with evil online gun sales. Does gunbroker deal in private sales, or FFL sales?
If it's FFLs, I don't see how the ruling would remove the requirement that the sale go through at least one FFL. It merely removes the requirement for a second FFL (and subsequent FFL transfer fee) - at least, as I understand it.
Both. Anyone can sell on gunbroker.
And right now (status quo), interstate private sales without going through an FFL are... legal, rihgt?
If you mean, I sit in my house in Indiana and have Big Jim mail it to me without the 4473 and the NICS check?
No.
And right now (status quo), interstate private sales without going through an FFL are... legal, rihgt?
And right now (status quo), interstate private sales without going through an FFL are... legal, rihgt?
And right now (status quo), interstate private sales without going through an FFL are... legal, rihgt?
I *think* handguns have to go through FFL and no idea on long guns. I am certainly not sure though.
If you are in Indiana and you order from KYGCo in Kentucky, how would that work? Could I mail them a completed 4473 and a copy of my driver's license
Wargame it out. Can you mail in a 4473 and a copy of your DL to an Indiana dealer now?
If, big if, upheld on appeal, it would mean that you would go to your gun store of choice in Kentucky or Tennessee or Oregon, fill out the 4473 and show your DL, pay for it, pass the NICS check and work out the door with it.
No. Perhaps you mean INTRAstate?
Intra=within Indiana, no FFL needed.
Inter=crossing state lines, FFL needed!
In private sales, if you see state lines in the fact pattern, FFL needed.
No. Perhaps you mean INTRAstate?
Intra=within Indiana, no FFL needed.
Inter=crossing state lines, FFL needed!
In private sales, if you see state lines in the fact pattern, FFL needed.
\Isn't there some exception for long guns in bordering states? Or am I thinking of something completely different?
...A new AG could decide that this isn't a case worth pursuing and just accepting the judgment. That'd basically be game over - win.
\
Think of two parallel railroad tracks. One is private long gun sales; the other track is entitled FFL sales.
If private, cannot cross state lines, unless FFL involved.
If buying from FFL, can cross state lines.
...a win in Northern District of Texas or the 5th Circuit, depending upon how far it has gotten.....but only, at most, persuasive authority here.
Is that under federal law? I also seem to recall something about how some states allowed purchases in neighboring states. I'm thinking it was out west, so someone in Texas could go to New Mexico, buy a gun, and bring it back.
But, again, just because state law might allow something, doesn't mean federal law does, too.