A federal district court in Texas ruled residency requirements for pistol purchases is unconstitutional, directly challenging Attorney General Eric Holder who has argued the federal ban on handguns outside of a person’s state of residence doesn’t violate the second amendment.
In the case, federally licensed firearms dealer Frederic Russell Mance Jr. of Texas and gun buyers Tracey and Andrew Hanson sued Mr. Holder and the Bureau of Alcohol, Tobacco, Firearms and Explosives Director B. Todd Jones claiming the federal ban on the sale of handguns outside of one’s state stops the formation of a national handgun market.
The Hansons, who live in Washington, visited Mr. Mance’s Texas store in June and were unable to buy handguns because of the ban. The ban effectively “reduces competition, raises prices and limits consumer choices,” their joint lawsuit, which was filed in July, alleged.
Mr. Holder and the Department of Justice aimed to dismiss the suit, claiming the plaintiffs had no standing, and were dealt no harm. Mr. Holder also argued, the Second Amendment is “silent” as to the ability to sell or buy handguns “in any particular forum” and that courts have “repeatedly declined” to rule that right is protected.
“Here, the court’s inquiry can end at step one because the challenged laws do not impose any burden, let alone a substantial burden, on conduct historically protected by the Second Amendment,” Mr. Holder’s motion said.
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http://www.washingtontimes.com/news/2015/feb/11/federal-court-rules-residency-requirements-pistol-/
