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Mance v. Whitaker SCOTUS

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  • Mance v. Whitaker SCOTUS

    Alan Gura just tweeted that they've been docketed.

    https://www.supremecourt.gov/DocketPDF/18/18-663/72489/20181119123335039_3-petition.pdf

    QUESTION PRESENTED Federal law bars consumers from acquiring handguns outside their home state. This prohibition limits choice and price competition, and forces many handgun buyers to arrange and pay for the handguns’ shipment to in-state federal firearms licensees (“FFLs”). The government theorizes that the prohibition is necessary to combat the circumvention of state and local handgun laws. Yet some jurisdictions allow interstate handgun sales, or preclude the circumvention of handgun laws through retail channels by requiring police authorization for all handgun transfers. Meanwhile, federal law allows FFLs to sell rifles and shotguns to non-residents, so long as they comply with state and local laws. Washington, D.C. residents Tracey and Andrew Hanson sought to buy handguns from Fredric Mance, a Texas-based FFL. The District lacks firearm retailers, but it authorizes interstate handgun sales, and requires that all firearm purchases be authorized by police prior to consumers taking delivery. Reflecting various divisions among the courts of appeals regarding the Second Amendment’s application, the Fifth Circuit divided 8-7 as to whether and how the federal interstate handgun transfer ban is unconstitutional on its face or as-applied to the Hanson-Mance transactions. The question presented is whether prohibiting interstate handgun sales, facially or as-applied to consumers whose home jurisdictions authorize such transactions, violates the Second Amendment and the equal protection component of the Fifth Amendment’s Due Process Clause.


    It will be interesting to see if Kavanaugh's appointment actually makes any difference in how SCOTUS handles a 2A case. Perhaps Norm DeGuerre could weigh in on whether this case would impact the current permitting process in New Yorkistan. It seems like at the very least New York would have to adapt some new procedures if the interstate sales ban is overturned.
    NRA Life Member
    NRA Basic Rifle Instructor
    www.unconvictedfelon.com
    www.facebook.com/blackcoyotesrt

    I was thinking of his cannon.

  • #2
    thanks for the heads up, willie .
    I am out of touch with Gun 'Rights" legislation, and Cases as I try to bring to conclusion an 18 year old issue that has to do with Property Rights
    Gura, and Lott are the saving grace of any ability to own guns

    that said, I expect that New York will ignore any federal ruling
    forever
    “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

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    • #3
      Gura is fun to follow on Twitter and comes across as an 'average Joe" kind of guy. He gets some pretty funny comments from people who don't know who he is.
      NRA Life Member
      NRA Basic Rifle Instructor
      www.unconvictedfelon.com
      www.facebook.com/blackcoyotesrt

      I was thinking of his cannon.

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