Liberty Park Press

Liberty Park Press

  • Headlines
  • Politics
  • natural viagra products
  • http://libertyparkpress.com/buying-online-viagra/
  • order amoxicillin online
  • http://libertyparkpress.com/azithromycin-brand-names/
  • female viagra side effects

Gun Group Asks SCOTUS Review of Interstate Handgun Sales Case

November 27, 2018 By Dave Workman

CCRKBA Chairman Alan Gottlieb is hoping for a review of his group’s handgun sales case by the U.S. Supreme Court. (Dave Workman)

More than four years after initially filing a challenge to the long-standing ban on interstate handgun sales to law-abiding citizens from other states, the Citizens Committee for the Right to Keep and Bear Arms has petitioned the Supreme Court of the United States to review the case.

What began in July 2014 as a lawsuit naming then-Attorney General Eric Holder as the defendant, the case now known as Mance v. Whitaker comes out of the Fifth Circuit, where a federal district court ruled that the interstate handgun transfer ban is facially unconstitutional, which was subsequently reversed by a Fifth Circuit panel. The Fifth Circuit then denied a petition for an en banc rehearing, by what CCRKBA Chairman Alan Gottlieb recalled was “a fractured 8-7 vote.”

At the time of the initial ruling, U.S. District Court Judge Reed O’Connor of the Northern District of Texas, Fort Worth Division, wrote, “(T)he Court finds that the federal interstate handgun transfer ban burdens conduct that falls within the scope of the Second Amendment.”

Judge O’Connor noted later in the ruling that, “By failing to provide specific information to demonstrate the reasonable fit between this ban and illegal sales and lack of notice in light of the Brady Act amendments to the 1968 Gun Control Act, the ban is not substantially related to address safety concerns. Thus, even under intermediate scrutiny, the federal interstate handgun transfer ban is unconstitutional on its face.”

This is an important case because it not only challenges what Gottlieb considers is a passé law, it also notes a problem in the lower federal courts where many judges remain stubborn about the Second Amendment despite two Supreme Court rulings during the past ten years. CCRKBA is receiving financial support from the Second Amendment Foundation, its sister organization.
This is a rare case, because CCRKBA normally does not get involved in litigation.

“Our case goes to the heart of what appears to be a reluctance in the lower courts to enforce the Second Amendment even now, more than ten years after the landmark Heller ruling and eight years after the McDonald ruling,” Gottlieb said. “This continuing problem is mentioned in our petition to the high court.”

The case involves a Texas firearms retailer and two would-be customers who reside in Washington, D.C. Retailer Frederic Mance and would-be clients Andrew and Tracy Hanson are represented in the case by attorney Alan Gura, victor in both the 2008 Heller case and SAF’s 2010 case of McDonald v. City of Chicago. Gura successfully argued both landmark cases before the high court.

The Hansons wanted to purchase a handgun from Mance, which they can legally own in the District of Columbia, but because of the current law, they were not able to conduct a transaction.

“The ban on interstate handgun sales was adopted decades ago,” Gottlieb noted, “prior to the advent of the National Instant Check System that is now in place. The Hansons have essentially been denied the ability to legally purchase a handgun from a licensed retailer because of this prohibition. With the advent of the NICS system, it makes no sense to perpetuate a ban on interstate transfers of handguns.”

“After all,” he explained, “if a citizen is law-abiding in his home state, he or she is going to be law-abiding in a different state where they might find a firearm they want to buy, but the interstate sales ban prevents that. Citizens can purchase all sorts of other goods across state lines, but why not the one tool that is specifically mentioned and protected by the Constitution’s Second Amendment? That simply defies logic and common sense.”

Gottlieb is hopeful that the high court, with its new makeup that now includes Associate Justices Neil Gorsuch and Brett Kavanaugh, will be amenable to hearing another Second Amendment case. The court has been reluctant to accept another case since the 2010 McDonald decision that incorporated the Second Amendment to the states via the 14th Amendment.

Facebook Comments

Related

Filed Under: 2nd Amendment, Headlines, Politics Tagged With: Alan Gottlieb, CCRKBA, Gun rights, Interstate gun sales, SAF, Supreme Court

About Dave Workman

Dave Workman is an award-winning career journalist with an expertise in firearms and the outdoors. He is the author of several books dealing with firearms politics. He has a degree in editorial journalism from the University of Washington and is a lifelong Washington resident.

Please Subscribe

We respect your email privacy

Powered by AWeber Email Marketing

 

Featured Stories

The Bay Area- Where Reasonable Self-Defense Policy Disappears

Dramatic Nashville Bodycam Video Shows Hero Cops Moved Fast

The Modern Media- A Story Of Factual Indifference

Disruption at Hearing on ATF Flip; Witness Puts Condescension on Display

OR Gun Control Dilemma: ‘No Evidence Criminals Would Obey’

Criminal charges filed against women’s college basketball player following incident in postgame handshake line-UPDATED

The Challenge Of Identifying As A Monochromatic Effeminate Submarine Drone

President Biden’s Approval Rating Plummets in Two New Polls

VIRAL STORIES

Don’t Look Now, But The Clock Is Ticking

Domino Bot Wows Internet

The Soviet Ghost Town Of The Arctic Expanse

These Insects Redefine “The Groove”

Colossal Pizza Slice Marks The End Of An Era

The Hardheaded And Plummeting Ratings Of Sports Television

Escaping The Madness- Where On Earth Does One Go To Avoid Bubonic Politicization?

Driving A Jet Engine Or Racing A Car? Choose Wisely

About Us

Liberty Park Press is an online information website dedicated to providing you with breaking, useful, or interesting information.

Read More

PRIVACY AND TERMS

Welcome to Libertyparkpress.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use:
Continue Reading…

CONTACT US

Liberty Park Press
12500 NE 10th Place
Bellevue, WA 98005

Copyright © 2023 · Liberty Park Press Inc · all rights reserved · Log in