Tags: Gun Rights | ruling | Texas | Eric Holder | federal court | guns

Gun Rights Supporters Gain Win in Texas Federal Court Ruling

By    |   Wednesday, 11 Feb 2015 05:07 PM

Slapping down Attorney General Eric Holder's support of a federal ban on out-of-state pistol purchases, a Texas federal court has ruled the residency requirement is unconstitutional.

The decision Wednesday from the U.S. District Court for the Northern District of Texas was hailed as a major victory for gun rights supporters.

"So a Texan could now walk into a Virginia gun dealer and buy a pistol. Huge decision," second-amendment lawyer Matthew Bergstrom told the Washington Times.

The opinion comes in a lawsuit filed in July by Texas firearms dealer Frederic Mance, and Washington buyers Tracey and Andrew Hanson.

They argued a federal ban on handgun sales outside a person's home state "reduces competition, raises prices and limits consumer choices," while Holder and the Department of Justice countered the Second Amendment is "silent" on the issue and that courts have "repeatedly declined" to rule that right is protected, the Washington Times reports.

But the court, declaring the ban unconstitutional, writes Holder's argument "fails to take into account the current version of the 1968 Gun Control Act, nor does it address how simply crossing state lines under the modern regime can circumvent state law."

"It is bizarre and irrational to destroy the national market for an item that Americans have a fundamental right to purchase," Alan Gura, a lawyer for Citizens Committee for the Right to Keep and Bear Arms, a gun lobbyist group that joined in the lawsuit, said in a statement.

"Americans would never tolerate a ban on the interstate sale of books or contraceptives. And Americans are free to buy rifles and shotguns outside their state of residence, so long as the dealers respect the laws of the buyer’s home state. We’re gratified that the court agreed that handguns should be treated no differently."

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Slapping down Attorney General Eric Holder's support of a federal ban on out-of-state pistol purchases, a Texas federal court has ruled the residency requirement is unconstitutional.
ruling, Texas, Eric Holder, federal court, guns
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2015-07-11
Wednesday, 11 Feb 2015 05:07 PM
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