Firearms Policy Coalition Lawsuit Challenges Federal Ban on Interstate Gun Sales

Newspaper headline: "Change is coming!" with coffee.

The Firearms Policy Coalition (FPC) has taken a bold step by filing a lawsuit challenging the long-standing federal ban on interstate handgun sales, potentially reshaping gun ownership rights across the United States.

Quick Takes

  • FPC’s lawsuit, Elite Precision Customs v. ATF, challenges the federal ban on interstate handgun sales.
  • The ban requires out-of-state handgun purchases to be shipped to a local FFL for background checks.
  • Plaintiffs argue the ban imposes unnecessary costs and delays on eligible buyers.
  • The lawsuit claims the ban violates the Second Amendment and lacks historical justification.
  • The Department of Justice’s decision to defend or not defend the law could significantly impact the case.

Lawsuit Challenges Federal Restrictions on Interstate Handgun Sales

On January 20, 2025, the Firearms Policy Coalition (FPC) filed a lawsuit that could potentially transform the landscape of U.S. gun ownership rights. The case, titled Elite Precision Customs v. ATF, directly challenges the federal ban on interstate handgun sales, a long-standing restriction that has shaped firearm commerce for decades.

The lawsuit’s plaintiffs include industry figures Tim Herron and Freddie Blish, alongside FPC and Elite Precision, a Federal Firearms Licensee (FFL) based in Mansfield, Texas. At the heart of their argument is the claim that the current ban imposes unnecessary costs and delays on otherwise eligible individuals who wish to purchase handguns from out-of-state dealers.

The Crux of the Matter: Constitutional Rights and Interstate Commerce

The federal ban currently prevents individuals from purchasing handguns directly from out-of-state dealers while traveling, requiring them instead to ship the firearm to an FFL in their home state for a background check. This restriction applies even in cases where state law, such as in Texas, does not prohibit FFLs from selling handguns to non-residents.

“FPC CHALLENGES FEDERAL BAN ON INTERSTATE GUN SALES” – Firearms Policy Coalition (FPC)

The lawsuit highlights an apparent inconsistency in federal law, which allows interstate sales of shotguns and rifles but not handguns. This discrepancy forms a key part of the FPC’s argument against the ban’s constitutionality.

Potential Implications and Legal Arguments

FPC President Brandon Combs emphasized the broader implications of this case, stating, “FPC and our courageous co-plaintiffs are proud to take on the federal government and fight forward to bring this evil ban scheme to its end.” This lawsuit is part of a larger effort to eliminate laws that restrict the right to acquire, possess, and carry arms outside one’s state of residence.

“The government’s ban preventing firearm dealers from selling handguns to people that reside in other states is unconstitutional. The ban has no historical support and cannot be justified under Supreme Court precedent. We look forward to demonstrating that in court” – FPCAF President Cody J. Wisniewski

The plaintiffs are seeking a declaratory judgment, a permanent injunction, and other relief. Their argument centers on the claim that the federal ban on interstate handgun sales violates the Second Amendment and lacks historical justification, a key consideration in recent Supreme Court rulings on gun rights.

The Role of the Department of Justice

A crucial factor in this case is the potential response from the Department of Justice. As noted by the FPC, “The DOJ, now under new management, can theoretically choose not to defend the law.” This decision could significantly impact the outcome of the case and potentially lead to a reinterpretation of interstate commerce laws as they apply to firearm transactions.

“This is a federal ban that stands in the way of doing business directly with lawful individuals from other states who are legally able to purchase a firearm. . . . The DOJ, now under new management, can theoretically choose not to defend the law. It will be more than interesting to see what the feds do here.” – FPC

As the case unfolds, it will be closely watched by both gun rights advocates and those favoring stricter gun control measures. The outcome could have far-reaching implications for firearm commerce and individual rights across state lines, potentially reshaping the landscape of gun ownership in America.

Sources:

  1. FPC Challenges Federal Ban on Interstate Gun Sales – Shooting News Weekly
  2. New FPC Lawsuit Challenges Federal Ban on Interstate Handgun Sales – Firearms Policy Coalition
  3. Instapundit » Blog Archive » CIVIL RIGHTS UPDATE: FPC Challenges Federal Ban on Interstate Gun Sales. “This is a federal ban th