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Lane vs Holder, Flaherty


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#1 Federal Farmer

    David Lawson

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Posted 10 May 2011 - 03:13 PM

BELLEVUE, WA – The Second Amendment Foundation today filed suit in U.S. District Court in Virginia challenging the constitutionality of federal and Virginia provisions barring handgun sales to non-residents.

SAF is joined in the lawsuit by Michelle Lane, a District of Columbia resident who cannot legally purchase handguns because there are no retail firearms dealers inside the District. The Supreme Court’s 2008 Heller ruling struck down the District’s handgun ban, confirming that individuals have a constitutional right to possess handguns.

SAF and Lane are represented by attorney Alan Gura of Gura & Possessky, PLLC, who won both the Heller ruling and last year’s Supreme Court victory in McDonald v. City of Chicago. Named as defendants are Attorney General Eric Holder and W. Steven Flaherty, superintendent of the Virginia State Police.

“This is an important issue in the era of the national instant background check,” said SAF Executive Vice President Alan M. Gottlieb. “The NICS check should allow law-abiding citizens like Miss Lane to exercise their Second Amendment rights regardless their place of residence.”

“Americans don’t check their constitutional rights at the state line,” said Gura. “And since Michelle Lane is legally entitled to possess firearms, forcing her to seek a non-existing D.C. dealer to buy a handgun is pointless when perfectly legitimate options exist minutes across the Potomac River.”

“The Supreme Court has ruled that District residents have an individual right, protected by the Constitution, to have a handgun in their home,” Gottlieb noted. “The high court has also ruled that the Second Amendment applies to the states. Existing state and federal statutes violate both the spirit and letter of recent court rulings and the Constitution, and our lawsuit seeks to remedy that situation.”

http://saf.org/viewpr-new.asp?id=356

People sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.

--George Orwell

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#2 bob

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Posted 10 May 2011 - 04:54 PM

Interesting that the single FFL in DC who was arranging transfers stopped doing so just recently.
bob

Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.

The opinions expressed by this poster do not reflect the official stance of Illinois Carry. Apparently there was some confusion on the part of at least one person that it does, and I want to make things clear that my opinion is my own and that whatever the official stance of IC is or is not at present, it may or may not reflect my own opinion.

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#3 defaultdotxbe

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Posted 10 May 2011 - 04:56 PM

Interesting that the single FFL in DC who was arranging transfers stopped doing so just recently.

i saw it coming :thumbsup:

#4 mauserme

    Eliminating the element of surprise one bill at a time.

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Posted 21 July 2011 - 02:31 PM

After considering, and rejecting, the possibility of Washington DC itself acting as an FFL, the city has now approved firrearm transfers within police stations and licensing agencies.

As a result, the PI has been denied by the District Court and the case dismissed as moot.

Alan Gura stated:

http://www.wtop.com/...109&sid=2463156

The court viewed our lawsuit as challenging the lack of D.C. gun dealers, and dismissed the case by finding that the government was not responsible for that situation," Gura wrote in an email to WTOP about the suit's dismissal. "We strongly believe this basically miscomprehends the nature of our claim and we look forward to the appeal.

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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Link to Livestream Blueroom Events Page

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis

#5 mauserme

    Eliminating the element of surprise one bill at a time.

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Posted 12 October 2011 - 11:55 AM

Appelants' Brief was filed 10/3/2011.

Attached Files


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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Link to Livestream Blueroom Events Page

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. - C.S. Lewis