I am sure this is not the end of it. However it is still more progress in the right direction.
http://cdn.pjmedia.com/instapundit/wp-content/uploads/2015/02/guraop021115.pdf
Accordingly, the Court DECLARES that 18 U.S.C. § 922(a)(3), 18 U.S.C. § 922(b)(3), and
27 C.F.R. § 478.99(a) are UNCONSTITUTIONAL, and Defendants are ENJOINED from
enforcing these provisions. The Court will issue its final judgment separately.
SO ORDERED on this 11th day of February, 2015.
This only applies to the Northern District Court’s jurisdiction of Texas, correct?
Correct for now. Hence I said progress in the right direction.
Transfer of firearms is in large part state, not federal. I don’t see this as a negative development, but the practical effect of an injunction from this low-level Federal court, even if upheld by higher courts is at best a long way off and at worst, moot.
It wouldn’t be moot to those of us in California. With the silly handgun roster, it would enable us to go to Arizona or Nevada and buy what we want - instead of what California thinks we should have.
Since 1968, Federal laws have allowed a FFL dealer in transferring a rifle or shotgun to a non-resident, as long as the transfer complies with both the State laws of the FFL dealer and the non-resident. Handguns and other firearms can only be transferred through a FFL dealer in the recipient’s State of residence.
The decision changes all that, so a FFL dealer can transfer a firearm (handgun, other, rifle, shotgun) to a non-resident, as long as the transfer complies with both the State laws of the FFL dealer and the non-resident.
The transfers still need to comply with the State laws of the FFL dealer and the non-resident.
Current, CA laws requires firearms acquired by CA residents to be transferred to them through a CA FFL dealer. [PC 27585(a)]
So, great decision, but for CA residents there will be no immediate change.
However, the decision can be used to further lawsuits challenging CA state laws.
Penal Code 27585
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(b) Subdivision (a) does not apply to or affect any of the following:
(1) A licensed collector who is subject to and complies with Section 27565.
(2) A dealer, if the dealer is acting in the course and scope of his or her activities as a dealer.
(3) A wholesaler, if the wholesaler is acting in the course and scope of his or her activities as a wholesaler.
(4) A person licensed as an importer of firearms or ammunition or licensed as a manufacturer of firearms or ammunition, pursuant to Section 921 et seq. of Title 18 of the United States Code and the regulations issued pursuant thereto if the importer or manufacturer is acting in the course and scope of his or her activities as a licensed importer or manufacturer.
(5) A personal firearm importer who is subject to and complies with Section 27560.
(6) A person who complies with subdivision (b) of Section 27875.
(7) A person who complies with subdivision (b), (c), or (d) of Section 27920.
(8) A person who is on the centralized list of exempted federal firearms licensees pursuant to Section 28450 if that person is acting in the course and scope of his or her activities as a licensee.
(9) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 acquired by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, if that person is acting within the course and scope of his or her activities as a licensee and in accordance with the terms and conditions of the permit.
(10) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 acquired by a person who holds a permit issued pursuant to Section 31005, if that person is acting within the course and scope of his or her activities as a licensee and in accordance with the terms and conditions of the permit.
(11) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 acquired by a person who holds a permit issued pursuant to Section 32650, if that person is acting within the course and scope of his or her activities as a licensee and in accordance with the terms and conditions of the permit.
(12) A firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 acquired by a person who holds a permit issued pursuant to Section 33300, if that person is acting within the course and scope of his or her activities as a licensee and in accordance with the terms and conditions of the permit.
(13) The importation of a firearm into the state, bringing a firearm into the state, or transportation of a firearm into the state, that is regulated by any of the following statutes, if the acquisition of that firearm occurred outside of California and is conducted in accordance with the applicable provisions of the following statutes:
(A) Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, relating to destructive devices and explosives.
(B) Section 24410, relating to cane guns.
(C) Section 24510, relating to firearms that are not immediately recognizable as firearms.
(D) Sections 24610 and 24680, relating to undetectable firearms.
(E) Section 24710, relating to wallet guns.
(F) Chapter 2 (commencing with Section 30500) of Division 10, relating to assault weapons.
(G) Section 31500, relating to unconventional pistols.
(H) Sections 33215 to 33225, inclusive, relating to short-barreled rifles and short-barreled shotguns.
(I) Chapter 6 (commencing with Section 32610) of Division 10, relating to machineguns.
(J) Section 33600, relating to zip guns, and the exemptions in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, as they relate to zip guns.
(c) The provisions of this section are cumulative and do not restrict the application of any other law. However, an act or omission punishable in different ways by this section and different provisions of this code shall not be punished under more than one provision.
Sure. If the ban on interstate transfer is upheld to be unconstitutional when it gets to SCOTUS, then a California resident might be able to buy a pistol in Arizona. But what would he do with it then given California state laws? He’d have to keep in Arizona, apparently. Buying the pistol might be legal, bringing it legally into California would remain an entirely separate constitutional issue.
Penal Code 27585
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
Good points, guys. We already have a strong case in process right now that could eliminate CA’s roster system, which is what regulates what can/can’t be brought in. If interstate transfer is upheld and we can rid ourselves of the roster in the years ahead, things could be looking up. The ridiculous state legislature has written and pushed through so many crap gun regulations, that it’s beginning to backfire on them.
Or I could just move!