I love the possibilities:

You can buy a car from an out-of-state dealer and pick it up there. You can buy a house in another part of the country, as speculators unwisely did during the real estate bubble, sight unseen. But even though the Second Amendment protects an individual right to own firearms — and presumably to buy them — you can’t purchase a handgun while you’re visiting another state.

A gun rights group has sued the Justice Department to overturn this prohibition, which became law as part of the Gun Control Act of 1968, and the case is now in front of U.S. District Judge James Robertson in Washington, D.C.

But it should be no surprise that the anti-gun people don’t want to discuss the case on the merits:

While this may be an intricate legal question that only lawyers might fully appreciate, it offers a glimpse into how the legal system operates in practice. Courts don’t always reach — they’re often hesitant to reach — broad questions about a law’s constitutionality. Procedural rules are hugely important.

In this case, for instance, the Obama administration appears to have taken the position that there’s no way for anyone to challenge the 1968 Gun Control Act on Second Amendment grounds unless they’re arrested for violating it first. Any volunteers?

I also like it that the American Civil Liberties Union is on our side on this one.


4 thoughts on “Interesting

  1. Let’s see, how to get arrested for buying a gun in another state? Can’t do it at the gun store, they’ll turn you down, individual sellers who check ID won’t sell to you, those that don’t check won’t know you’re out of state. I guess you’d have to go to the local ATF office and demand they sell you a handgun and arrest you.

  2. You don’t have to be arrested. All it takes is for you to be denied your constitutional rights as an American citizen. It shows discrimination when, for no other reason, you are denied what your fellow Americans enjoy because of your race, age, sexuality or WHERE YOU LIVE!

    “Sorry, can’t sell to YOU PEOPLE!” Now if that isn’t bigotry, I don’t know what is.

  3. One of the things I loved about the recent Bush administration was that it managed to move Janice Rogers Brown from California to within striking distance of a future Supreme Court Justice seat.

  4. Better 41 years late then never.

    Really, there -amount- of legislation like this that needs to be reviewed and altered or eliminated is staggering. I’m glad someones working on this one, but it’s a good argument for continuing the change of scenery nation wide that was started with the wave of shall issue concealed carry successes in the 90’s. We have to keep changing the hearts and minds of the people in the middle. And… I hope they overturn this small bit of the nonsense too.
    Yizkor. Lo Od Pa’am. Remember. Never Again.

Comments are closed.