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The Range
Law & Order
Judge Denies Stay in Handgun Transfer Ban Case
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<blockquote data-quote="DA 20" data-source="post: 2722655" data-attributes="member: 7680"><p>Will Judge OConnors latest ruling against ATF lead to another ammo ban?</p><p> I covered the federal court ruling in Mance v. Holder in some detail last month, and if you havent yet had an opportunity to get up to speed on that decision it might be useful to take a moment to click over: Federal Court: Handgun Transfer Ban Unconstitutional. (That post includes the full-length ruling.)</p><p>In brief, in Mance v. Holder US District Court Judge Reed OConnor found that the federal interstate handgun transfer ban was unconstitutional on its facespecifically, the provision that requires an out-of-state handgun purchaser to transfer the handgun through several FFLs before taking possession.</p><p>Most interestingly, Judge OConnor found the requirement to be an unconstitutional infringement of the 2nd Amendment under both strict and intermediate scrutiny, as well as an unconstitutional infringement of the 5th Amendment under strict scrutiny.</p><p>As observed in our earlier post on the subject:</p><p>Based on its conclusion that the federal handgun transfer ban was, both facially and as applied to the facts of this case, unconstitutional under both strict scrutiny and intermediate scrutiny, the Court granted the Plaintiffs motion for Summary Judgment (thus granting them victory without having to go to trial), and enjoined the Defendants (AG Holder and ATF(E) Director Jones) from enforcing those provisions of the federal handgun transfer ban.</p><p>As expected the federal government requested a 60-day state of his ruling.</p><p><a href="http://legalinsurrection.com/2015/03/judge-denies-stay-in-handgun-transfer-ban-case/" target="_blank">http://legalinsurrection.com/2015/03/judge-denies-stay-in-handgun-transfer-ban-case/</a></p></blockquote><p></p>
[QUOTE="DA 20, post: 2722655, member: 7680"] Will Judge OConnors latest ruling against ATF lead to another ammo ban? I covered the federal court ruling in Mance v. Holder in some detail last month, and if you havent yet had an opportunity to get up to speed on that decision it might be useful to take a moment to click over: Federal Court: Handgun Transfer Ban Unconstitutional. (That post includes the full-length ruling.) In brief, in Mance v. Holder US District Court Judge Reed OConnor found that the federal interstate handgun transfer ban was unconstitutional on its facespecifically, the provision that requires an out-of-state handgun purchaser to transfer the handgun through several FFLs before taking possession. Most interestingly, Judge OConnor found the requirement to be an unconstitutional infringement of the 2nd Amendment under both strict and intermediate scrutiny, as well as an unconstitutional infringement of the 5th Amendment under strict scrutiny. As observed in our earlier post on the subject: Based on its conclusion that the federal handgun transfer ban was, both facially and as applied to the facts of this case, unconstitutional under both strict scrutiny and intermediate scrutiny, the Court granted the Plaintiffs motion for Summary Judgment (thus granting them victory without having to go to trial), and enjoined the Defendants (AG Holder and ATF(E) Director Jones) from enforcing those provisions of the federal handgun transfer ban. As expected the federal government requested a 60-day state of his ruling. [url]http://legalinsurrection.com/2015/03/judge-denies-stay-in-handgun-transfer-ban-case/[/url] [/QUOTE]
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