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View Full Version : SAF Sues Eric Holder Over Gun Rights of Non-Resident American Citizens


aileron
03-31-2009, 7:00 AM
Interesting.... wonder how much traction this will get. Be nice if this wins, might open the door to buying out of state. :)

http://www.foxbusiness.com/story/saf-sues-eric-holder-gun-rights-non-resident-american-citizens/


BELLEVUE, Wash., March 30, 2009 /PRNewswire-USNewswire via COMTEX/ ----The Second Amendment Foundation has filed a lawsuit in U.S. District Court for the District of Columbia against Attorney General Eric Holder, seeking an injunction against enforcement of a federal law that makes it impossible for American citizens who reside outside the United States to purchase firearms while they are in this country.

SAF is joined by two natural-born citizens, Maxwell Hodgkins and Stephen Dearth, who have been denied the opportunity to buy firearms because they do not currently reside in the United States. Hodgkins currently lives in the United Kingdom, and Dearth is a resident of Canada.

The lawsuit alleges that Holder, as attorney general, is enforcing unconstitutional laws that prevent citizens like Hodgkins and Dearth from exercising their Second Amendment rights. The complaint also asserts that enforcement of the federal gun laws that prevent such citizens from purchasing firearms when they visit the U.S. violates their right of equal protection under the Fifth Amendment. The plaintiffs are represented by Virginia attorney Alan Gura, who successfully argued the Heller case before the U.S. Supreme Court.

"This is what happens when anti-gunners rush to pass a restrictive gun law that ignores the constitutional rights of law-abiding American citizens who happen to be living abroad," said SAF founder Alan Gottlieb. "Honest Americans who live in other countries for a variety of reasons should not be denied their Second or Fifth Amendment rights when they return to American soil. Hodgkins and Dearth, and many others just like them, are victims of anti-gun rights zeal.

"Such citizens have every right to obtain and own firearms for a variety of reasons, whether to hunt, or for personal protection, target shooting or competition," he continued. "Hodgkins, Dearth and other non-resident citizens want to keep their firearms here for use when they come home. However, current federal law makes it impossible for them to exercise their rights like any other citizen. It is fundamentally wrong to penalize American citizens for living overseas."

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

SOURCE Second Amendment Foundation

http://www.saf.org


Copyright (C: 2.51, 0.16, 6.81%) 2009 PR Newswire. All rights reserved

CCWFacts
03-31-2009, 7:04 AM
That is cool. I've always wondered what non-resident citizens do to buy a gun, given the fact that you must be a resident of a state. Now I know: they can't. If Gura can defeat this law, it seems like it will be a major blow to our "not unsafe" handgun list.

bwiese
03-31-2009, 10:25 AM
Cool.

One step on the ladder of Californians being able to buy from a non-CA FFL as long as the gun is legal in *that* state (and as long as the buyer has no intention of importing an illegal gun into CA).

hoffmang
03-31-2009, 10:48 PM
This is:

1. A winner.

2. Could have very nice California related side effects depending on exactly how it turns out.

As I teased Alan Gura today, he's about to make Reno and Las Vegas FFLs a lot of money...

-Gene

bwiese
03-31-2009, 11:07 PM
This is:
As I teased Alan Gura today, he's about to make Reno and Las Vegas FFLs a lot of money...

Yes, and the Reno hotel-restaurant industry too- the town swells during the Big Reno Show.

7x57
03-31-2009, 11:09 PM
This is:

1. A winner.


So for us amateurs playing the home game, I assume that part of the timing of this sort of suit is that the issues are clear and the infringement is total prohibition, so it is excellent material to build up good precedents.

7x57

hoffmang
04-01-2009, 12:14 AM
So for us amateurs playing the home game, I assume that part of the timing of this sort of suit is that the issues are clear and the infringement is total prohibition, so it is excellent material to build up good precedents.

Correct, plus it can be brought without worrying about Incorporation since it is a straight federal law challenge.

-Gene

elSquid
04-01-2009, 12:15 AM
So for us amateurs playing the home game, I assume that part of the timing of this sort of suit is that the issues are clear and the infringement is total prohibition, so it is excellent material to build up good precedents.

If residency requirements are neutralized, I guess then the issue of legal purchase comes down to satisfying the requirements of the state where the purchase takes place. State of residence is irrelevant.

I can then drive to Reno and buy from a dealer:

- any offlist handguns
- multiple handguns at a time
- so called "assault weapons"

...with no DROS or ten day wait. Fill out a 4473, pass NICS and I'm good to go.

I could then register handguns when I come back into CA.

Non-listed AWs could be made legally compliant before I return.

Heck, a listed AW could be purchased and left out of state.

If private party transactions are paperless in a given state, then I could legally partake in one.

Of course, what I really want to know is if non-resident citizens can buy NFA items - I wonder what the implications of that are?

:)

-- Michael

Dark&Good
04-01-2009, 12:20 AM
Good occasion for congratulating myself for joining the SAF... :)