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Old 08-08-2018, 03:23 PM
2152hq 2152hq is offline
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One reasons the court gave for rejecting the argument (a non FFL being able to purchase a handgun from an FFL in a FTF purchase in another State) was that handgun laws locally are much more complex than longgun laws and restrictions.
Purchasing a longgun in this manner is allowed under current GCA as long as the laws of both states allow it.

The court decided that with so many local and state issued handgun permits of different types, local LE write-offs needed in some instances, certifications and re-certifications, waiting periods,ect,,
that it was impossible for the FFL selling the handgun to possibly know all of the laws and regs in the buyers home state to make sure the transfer was legal.

On another tangent,,the courts opinion stated that any delay incurred by having to have a handgun shipped from out of state to an FFL in the buyers home state for transfer to that buyer was trivial and not worth consideration in this case..
The wording they used was 'de minimis' (had to look that one up!)


There're other reasons the court gave for it's reasoning.
It's mostly about the NICS system being not as complete as it's sold as being.
Many State and Local regs are not in it and it's not as up to date as it should be. It's a FEDERAL background check. The court uses that as an argument in it's decision.

Certainly no lawyer here and not trying to pretend to be.
Just reading what's been written.

Regards,,
P. Mason
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