Unfortunately, this is not so much a second amendment victory, as a background check victory.
If I understand it correctly, the judge ruled so because the present NICS check removes whatever justification that may have existed for an interstate ban on handgun sales.
Even if this ruling stands, private interstate handgun transfers will remain illegal without a NICS check.
IMO, Gottleib's win is our loss.
III N TN
February 12, 2015 at 7:18 AM
Anonymous said...
And Major General Benedict Arnold's had his Battles of Saratoga, too bad he was a traitor too.
February 12, 2015 at 10:16 AM
Oregon Hobo said...
Well, kudos where it's due. We can go after NICS next.
It's ironic though, that a repeal of the ban on interstate handgun sales was the biggest "goody" that Gottlieb was touting as justification for the Toomey-Manchin sellout, and now he ended up obtaining that merely by fighting for it rather than horse-trading bits and pieces of the 2nd Amendment away for it.
Anyone else get a sense that Gottlieb is perhaps feeling the heat from our side? ...and/or perhaps also seeing the futility of wheeling-and-dealing with the enemy when, as Mr. Vanderboegh and Mr. Codrea point out, massive noncompliance with whatever "deal" he strikes will just leave him looking like a horse's ass?
#OREGON HOBO#
February 12, 2015 at 1:32 PM
Anonymous said...
I'm of mixed minds on the ban against sales to non-residents. Clearly, it's an infringement on both the 2nd and the Federal principle of making-regular interstate commerce. Any step that reels-back either such infringement is intrinsically good. On the other hand, this ban is not among the most onerous infringements. More importantly, it tends to support the federalist scheme of government envisioned by the founders. Thus far, most of the 20,000 gun laws are State or local; i.e., the Feds have left the States to "police" their respective citizens as respects guns. The Antis had to fight the 2A State-by-State; and, we PotG have had to fight them back State-by-State. The ebb and flow of the battle has been slow an transparent. This roll-back tends to support an argument for Congress to step-in and regulate handgun sales Federally; to fill the "void" created by removing an aspect of State regulation of handgun sales. We should not be surprised when Antis step-up their efforts on Federal regulation of retail and private sales and other transfers. This one is a mixed-bag. We PotG should carefully consider where we would prefer to stand-our-ground. And, notwithstanding our own preferences, we must also muster our forces to meet the Antis where they choose to strike.
"Too bad he can't refrain from playing the give-it-all-away compromise game. Gottlieb's legal beagles win a big one."
6 Comments -
Massive 2nd Amendment Victory in Federal Court
http://www.breitbart.com/big-government/2015/02/11/district-judge-rules-federal-interstate-handgun-sales-ban-unconstitutional/
February 12, 2015 at 5:43 AM
CONNECTICUT DEAD LAST IN JOB CREATION IN 2014
http://www.breitbart.com/big-government/2015/02/11/gallup-connecticut-dead-last-in-job-creation-in-2014/
February 12, 2015 at 6:01 AM
Unfortunately, this is not so much a second amendment victory, as a background check victory.
If I understand it correctly, the judge ruled so because the present NICS check removes whatever justification that may have existed for an interstate ban on handgun sales.
Even if this ruling stands, private interstate handgun transfers will remain illegal without a NICS check.
IMO, Gottleib's win is our loss.
III N TN
February 12, 2015 at 7:18 AM
And Major General Benedict Arnold's had his Battles of Saratoga, too bad he was a traitor too.
February 12, 2015 at 10:16 AM
Well, kudos where it's due. We can go after NICS next.
It's ironic though, that a repeal of the ban on interstate handgun sales was the biggest "goody" that Gottlieb was touting as justification for the Toomey-Manchin sellout, and now he ended up obtaining that merely by fighting for it rather than horse-trading bits and pieces of the 2nd Amendment away for it.
Anyone else get a sense that Gottlieb is perhaps feeling the heat from our side? ...and/or perhaps also seeing the futility of wheeling-and-dealing with the enemy when, as Mr. Vanderboegh and Mr. Codrea point out, massive noncompliance with whatever "deal" he strikes will just leave him looking like a horse's ass?
#OREGON HOBO#
February 12, 2015 at 1:32 PM
I'm of mixed minds on the ban against sales to non-residents. Clearly, it's an infringement on both the 2nd and the Federal principle of making-regular interstate commerce. Any step that reels-back either such infringement is intrinsically good.
On the other hand, this ban is not among the most onerous infringements. More importantly, it tends to support the federalist scheme of government envisioned by the founders. Thus far, most of the 20,000 gun laws are State or local; i.e., the Feds have left the States to "police" their respective citizens as respects guns. The Antis had to fight the 2A State-by-State; and, we PotG have had to fight them back State-by-State. The ebb and flow of the battle has been slow an transparent.
This roll-back tends to support an argument for Congress to step-in and regulate handgun sales Federally; to fill the "void" created by removing an aspect of State regulation of handgun sales. We should not be surprised when Antis step-up their efforts on Federal regulation of retail and private sales and other transfers.
This one is a mixed-bag. We PotG should carefully consider where we would prefer to stand-our-ground. And, notwithstanding our own preferences, we must also muster our forces to meet the Antis where they choose to strike.
February 13, 2015 at 8:16 AM