Appeals Court Rules Federal Ba... Note

Appeals Court Rules Federal Ban On Interstate Handgun Sales Unconstitutional

The Fifth Circuit Court of Appeals ruled 2-1 against a nearly 60-year-old federal ban on interstate handgun transfers, deeming it unconstitutional. This decision overturns provisions of the Gun Control Act of 1968 that prohibited licensed dealers from selling handguns directly to buyers in other states. The court found the ban conflicted with the Second Amendment and the nation's historical tradition of firearm regulation. Circuit Judge Jerry Smith argued the lower court misinterpreted historical records to justify the ban. The ruling stems from a lawsuit filed by a Texas firearms dealer and out-of-state customers who argued the law unfairly restricted handgun purchases compared to rifles and shotguns. Plaintiffs had to arrange transfers through their local dealers, incurring extra fees and delays. The Firearms Policy Coalition hailed the ruling as a victory for Second Amendment rights. A lower district court had previously dismissed the case, viewing the restrictions as reasonable commercial regulations. Congress enacted the provision in 1968 to prevent evasion of state gun laws through interstate commerce. Circuit Judge Catharina Haynes dissented, agreeing with the lower court's dismissal.
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