New FPC case on out of state handgun purchases: Elite Precision Customs v. ATF

[abinsinia]

Unopposed MOTION to Extend Time To Respond to Complaint and Extend Briefing Schedule filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, James R McHenry, III, Marvin G. Richardson (Attachments: # 1 Proposed Order) (Bean, Samuel) (Entered: 05/08/2025)

https://storage.courtlistener.com/recap/gov.uscourts.txnd.398834/gov.uscourts.txnd.398834.35.0.pdf

Looks like they are realigning per Trump.

[Sgt Raven]

Looks like they are realigning per Trump.

Marvin G. Richardson is no longer employed by the BATFE. He was given the option of retiring or be fired.

[morrcarr67]

I was not aware the requirement only applied to non-residents moving to CA. It was my impression the registration requirement applies to residents and non-residents alike, but since Federal law prohibits out-of-state purchases, the net effect is that only non-residents can legally make use of the provision (as residents would, in-effect, be conceding that they purchased firearms out of state). If what you're saying is accurate...that even legal out of state purchases of CA compliant handguns cannot legally be brought into CA by CA residents under CA law...then this federal case is moot for CA residents.

What BAJ475 posted is 100% correct.

About a decade ago CA got tired of people who could legally take possession firearms OOS and bringing them back to CA. They wrote a law prohibiting those people from bringing those firearms back to CA without first sending them to a CA dealer for transfer to them in CA. It's an absolutely stupid law. It requires you to transfer your legally owned property to yourself. They did this because many of those people were also legally selling those off roster firearms to non exempt people via PPT. Which was their biggest issue.

So, you're correct. This federal lawsuit is moot for CA residents. It's great for those in Free America though. And, luckily I'll be in OK when and if this case goes our way.

[CCWFacts]

They wrote a law prohibiting those people from bringing those firearms back to CA without first sending them to a CA dealer for transfer to them in CA. It's an absolutely stupid law. It requires you to transfer your legally owned property to yourself. They did this because many of those people were also legally selling those off roster firearms to non exempt people via PPT. Which was their biggest issue.

So they've already thought this one through, of course. They really are fanatical about this roster idea.

[abinsinia]

MOTION to Dismiss filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, James R McHenry, III, Marvin G. Richardson (Attachments: # 1 Proposed Order)Attorney Andrew Warden added to party Bureau of Alcohol, Tobacco, Firearms and Explosives(pty:dft), Attorney Andrew Warden added to party James R McHenry, III(pty:dft), Attorney Andrew Warden added to party Marvin G. Richardson(pty:dft) (Warden, Andrew) (Entered: 06/09/2025)

https://storage.courtlistener.com/recap/gov.uscourts.txnd.398834/gov.uscourts.txnd.398834.37.0.pdf

[abinsinia]

Brief/Memorandum in Support filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, James R McHenry, III, Marvin G. Richardson re 37 MOTION to Dismiss (Warden, Andrew) (Entered: 06/09/2025)

https://storage.courtlistener.com/recap/gov.uscourts.txnd.398834/gov.uscourts.txnd.398834.38.0.pdf

[abinsinia]

I thought Marvin got fired ?

[Sgt Raven]

I thought Marvin got fired ?

See post #17.

"Marvin G. Richardson is no longer employed by the BATFE. He was given the option of retiring or be fired."

[abinsinia]

See post #17.

"Marvin G. Richardson is no longer employed by the BATFE. He was given the option of retiring or be fired."

I wonder why his name is all over these filings..

[abinsinia]

Brief/Memorandum in Support filed by Freddie Blish, Elite Precision Customs LLC, Firearms Policy Coalition, Inc., Tim Herron re 39 MOTION for Summary Judgment (Thompson, David) (Entered: 07/14/2025)

https://storage.courtlistener.com/recap/gov.uscourts.txnd.398834/gov.uscourts.txnd.398834.40.0.pdf

[abinsinia]

REPLY filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, James R McHenry, III, Marvin G. Richardson re: 39 MOTION for Summary Judgment, 37 MOTION to Dismiss (Bean, Samuel) (Entered: 08/13/2025)

https://storage.courtlistener.com/recap/gov.uscourts.txnd.398834/gov.uscourts.txnd.398834.42.0.pdf

[bohoki]

makes sense now ever since the brady bill and nics check the old law should have been repealed but the antis compromise is never give and take

[Sgt Raven]

[abinsinia]

REPLY filed by Freddie Blish, Elite Precision Customs LLC, Firearms Policy Coalition, Inc., Tim Herron re: 39 MOTION for Summary Judgment (Thompson, David) (Entered: 08/26/2025)

https://storage.courtlistener.com/recap/gov.uscourts.txnd.398834/gov.uscourts.txnd.398834.45.0.pdf

[abinsinia]

OPINION & ORDER: It is ORDERED that the Government's 37 Motion is GRANTED, and the Plaintiffs' 39 Motion is DENIED. (Ordered by Judge Mark Pittman on 9/30/2025) (saw) (Main Document 46 replaced on 10/1/2025) (bdb).

https://storage.courtlistener.com/recap/gov.uscourts.txnd.398834/gov.uscourts.txnd.398834.46.0_3.pdf

Case was dismissed. The judge used 9th circuit case and 5th circuit McRorey case to basically hand wave away the whole case.