Fifth Circuit Ruling on Interstate Handgun Sales

On September 18, the U.S. Court of Appeals for the Fifth Circuit ruled in Elite Precision Customs, L.L.C. v. ATF that several provisions of the Gun Control Act (18 U.S.C. § 922(a)(3), (a)(5), and (b)(3)) that prohibit the buying and selling of handguns across state lines violate the Second Amendment. This ruling will not have effect until the mandate issues from the Fifth Circuit. The timing of the mandate will depend upon whether the government seeks a full court rehearing of the decision, which it has 40 days (i.e., until October 28) to file. If the government does not seek rehearing, the mandate should issue on November 9. However, FFLs should proceed with caution regarding this ruling. The scope of relief is unsettled, as the Fifth Circuit reversed the district court’s order granting dismissal of the case and “rendered judgment” without any further instructions as to the parameters of the permanent injunction. Likewise, it is unclear whether the government will take the position that the judgment will only apply to the named parties in the case. For now, NSSF recommends that FFLs not transfer a handgun to a customer from another state. You can still ship a handgun to a dealer in another state to do the transfer. NSSF is monitoring the case and will report further as matters warrant.

**This alert does not constitute legal advice. NSSF encourages FFLs seeking additional guidance to speak with their own attorney.**