HUGE WIN for Gun Owners: Eric Holder Loses as Judge Strikes Down Federal Interstate Gun Sale Ban
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Obama’s highly politicized Attorney General Eric Holder lost a fight against legal gun owners this week when a federal judge determined that the federal government’s interstate gun sale ban was unconstitutional and struck down the law Holder was defending.
As A.W.R. Hawkins explained the ban was instituted as part of the 1968 gun control act and bans residents from buying a gun from a gun dealer in another state.
[It is] unlawful for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe resides in any State other than that in which the transferor resides (or other than that in which its place of business is located if the transferor is a corporation or other business entity).
The case was part of a lawsuit titled Fredric Russell Mance, Jr. et al. v. Eric H. Holder, Jr. and B. Todd Jones, and was aimed at putting an end to the ban.
Eric Holder’s office fought the lawsuit and lost.
Federal Reed Judge O’Connor ruled that the ban violated “the Second Amendment and the Fifth Amendment’s Due Process Clause.” The provisions of the ban are therefore unconstitutional and the “[d]efendants are enjoined from enforcing [them].”
The lawsuit was backed by Citizens’ Committee for the Right to Keep and Bear Arms, a Bellevue, WA-based civil rights group led by Alan Gottlieb. CCRKBA was also a plaintiff in the case, which will likely be appealed by the government to the Fifth Circuit Court of Appeals.
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