Constitution 1 – Eric Holder 0

Will the Gun Control Act of 1968 stand the test of time?

It does not look like it. The 47 year old piece of legislation had the first brick kicked out of it’s wall that restricts and forbids Law Abiding AMERICANs from making Legal transactions

Some of you may be aware of a case that has been ongoing in Federal Court over in Ft. Worth Texas. Mance vs. Holder takes the stance that forbidding citizens to purchase handguns in non-resident states violates our Constitutional Rights.

Section 922 of the Gun Control Act of 1968  states that “individuals can only purchase out-of-state firearms when the guns have been transferred to an in-state federal dealer, with the exception of rifles and shotguns.”

“It is bizarre and irrational to destroy the national market for an item that Americans have a fundamental right to purchase,” Alan Gura, attorney for the plaintiffs, observed. “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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On Wednesday, February 11th, Eric Holder LOST

Here is what U.S. District Court Judge Reed O’Connor’s wrote on Wednesday February 11th “The federal interstate handgun transfer ban is unique compared to other firearms restrictions because it does not target certain people (such as felons or the mentally ill), conduct (such as carrying firearms into government buildings or schools), or distinctions among certain classes of firearms (such as fully automatic weapons or magazine capacity). Instead, the federal interstate handgun transfer ban targets the entire national market of handgun sales and directly burdens law-abiding, responsible citizens who seek to complete otherwise lawful transactions for handguns.”The court ruled that the government failed to show how this ban “alleviates, in a material way, the problem of prohibited persons obtaining handguns” by traveling to another state and found the law unconstitutional on Second and Fifth Amendment grounds.

 

While this is a great step to unburdening he law abiding firearms owner from Draconian restrictions, we still have a long way to go. Obviously Eric Holder will appeal this ruling. It may take years before there is a final resolution.

However this is just another of many Pro 2nd Amendment rulings in the last 5-10 years. The knee jerk reactions toward events that led to the Gun Control Act of 1968 have been forgotten by the Voting Public and the National Opinion is returning to where it should be . . . . Pro Constitution of The United States of America

About colt_saa

Professional Photographer, Firearms Enthusiast, Instructor and Gun Smith. Due to my love of fine mechanical things I am also a car enthusiast and horologist
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