Non-resident US citizen granted trial challenging ATF gun ownership restriction

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  • ArcadiaGP

    Wanderer
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    11   0   0
    Jun 15, 2009
    31,729
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    Indianapolis
    Alan Gura | Stephen Dearth | Second Amendment |Federal Court

    Of course, the case is far from over. Indeed, what Gura has just won after fighting for this case now for more than six years is merely the right to take the case to trial. (The original complaint was filed March 27, 2009, and is also embedded below; indeed, it more clearly sets out the basic facts than does today’s ruling)
     

    Droogie

    Plinker
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    Jan 28, 2015
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    Zionsville
    Stephen Dearth... is an American citizen living in Canada. He wishes to purchase a handgun in the United States. He has no existing disqualifications (e.g., felony record, etc.), he owns firearms in Canada, and he possesses a concealed carry permit from the state of Utah.
    Nevertheless, Dearth is prohibited from purchasing a firearm in the United States because the “ATF” has promulgated regulations that limit one’s ability to purchase a handgun to within the state of one’s residence. If you live in Florida, for example, you can purchase handguns only in the state of Florida.

    I've never tried to buy a gun outside of the state in which I lived. Is that generally a problem?
     

    indykid

    Grandmaster
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    Jan 27, 2008
    11,930
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    Westfield
    I've never tried to buy a gun outside of the state in which I lived. Is that generally a problem?

    I have gone to several gun shows in Ohio. I have gone to several gun shows in Kentucky. Buying a long gun from a dealer is no problem. Buying a handgun on the other hand requires you have it shipped to your state of residence before getting the not by the second amendment background check and subsequent transfer.

    It sure would be nice if this was one nation where you could buy anything across state lines without worrying about getting a federal agency all riled up.

    In fact there was a time where you could cross into a neighboring state and buy a long gun from an individual, but AT and unconstitutional F decided that violated their new second amendment and you now have to go to a dealer to make the purchase.
     
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