Ban on interstate transfer of handguns stricken down?

[JBE]

Just read this a few minutes ago....Perusing the judgment summary now...

BREAKING: Federal Judge Strikes Down Interstate Handgun Transfer Ban

 

[323MAR]

Awesome! I love to see the Federal government loose civil cases. So after reading the article, I can see that the only purpose of forcing someone to ship to another FFL(when making a purchase in person) is because the Federal government feels like it. Eric Holder also wasted more money defending another gun control law. Of course he is entitled to that money as a member of the ever so benevolent government.

 

[JBE]

Of course this decision will be appealed....

Will be interesting to see how this plays out...

 

[can man]

Excellent, Thanks

 

[323MAR]

Of course this decision will be appealed....

Will be interesting to see how this plays out...

I can't wait to see Holder waste more money defending another useless and wasteful Federal law. Meanwhile, public funds continue to get wasted enforcing useless laws against 99.9% of the population. The enforcement of actual criminal laws takes a backseat as far as the Feds are concerned.

 

[WildBillKelso]

Mr. Gura goes for the win again. I think the decision will be upheld at the fifth circuit but will stop there. One thing this does do is it adds on to the precedent of relying on strict scrutiny for 2A cases as opposed to the rational basis labeled intermediate scrutiny used in other 2A cases in other circuits. I suspect that is why Gura/2A foundation took on this case. The chess game continues.

 

[TTNKountze]

I would hope someone would name and shame the DC FFL that charges $125 for a transfer. That's exploitative. In Houston I pay whopping $17.50. However, I do agree that the 5th is likely to affirm the lower court's ruling.

 

[whitsend]

I would hope someone would name and shame the DC FFL that charges $125 for a transfer. That's exploitative. In Houston I pay whopping $17.50. However, I do agree that the 5th is likely to affirm the lower court's ruling.

Charles Sykes Jr.
http://cwsxchange.com/index.html

He is the ONLY FFL in DC and ONLY does transfers.
The process is very tedious, not like a transfer in LA of TX.

So while gun sales have been skyrocketing in the rest of the country, D.C. residents have been buying at a rate of about 250 a year.

Despite having a complete monopoly on gun transfers in the District, Mr. Sykes said, *I’m not making much.* He charges $125 to pick up the gun and do the transfer. The demand is not there for Mr. Sykes to devote an entire day to the work of selling or transferring guns. He works by appointment for about four hours in the midday. He does other work in the evenings to supplement his income.

Read more: http://www.washingtontimes.com/blog/guns/2011/oct/11/miller-dcs-only-gun-source/#ixzz3RvIUV83T
Follow us: @washtimes on Twitter

Read this entire series: http://www.washingtontimes.com/blog/guns/2011/oct/11/miller-dcs-only-gun-source/

 

[TTNKountze]

The article does not make mention of what the FFL has to do to transfer a handgun. I suspect whatever is required is no greater than with a Class Three transfer (which often includes holding the other for months, even years) yet costs half that much.

 

[madwabbit]

That's all horse manure. There's a guy (a genius) in Atlanta that launched his gun store with the premise of $5.00 transfers. It's a fantastic market draw, and gets people into your store. Anyone that knows business understands draw, and what we see far too often is that most "gun guys" are business ignorant. They mistakenly see a transfer as a "lost sale" so they punish their customer for purchasing elsewhere.

 

[TTNKountze]

Madwabbit, I couldn't agree more.

 

[whitsend]

Except in DC there are only 250 transfers per year on average.
At $125 per, that's only $31,250 per year.
Lowering the FFL fee isn't going to change that.
In this case the blame lies with the restrictive gun laws, not the FFL.

 

[madwabbit]

Except in DC there are only 250 transfers per year on average.
At $125 per, that's only $31,250 per year.
Lowering the FFL fee isn't going to change that.
In this case the blame lies with the restrictive gun laws, not the FFL.

and that only affects people that actually live in DC as opposed to Maryland or Virginia. Majority of that city commutes from one state or another, so while the market share might be small due to unique regulation, he had the opportunity to set up shop 2 miles away in either state of his choosing. He's not a victim, quite the opposite actually. He's using the legislative requirements of DC to corner his market.

If/When this law gets changed, this guys business is doomed.

 

[TTNKountze]

His business model is based on having monopolistic control of the market. I don't think there is much to defend about his charge. Further, if it was $20, the number of transfers likely would increase.

 

[whitsend]

and that only affects people that actually live in DC as opposed to Maryland or Virginia. Majority of that city commutes from one state or another, so while the market share might be small due to unique regulation, he had the opportunity to set up shop 2 miles away in either state of his choosing. He's not a victim, quite the opposite actually. He's using the legislative requirements of DC to corner his market.

If/When this law gets changed, this guys business is doomed.

True, he could set up his business in one of the neighboring states, but how would that help people living in DC?
With out him open in DC, residents of DC wouldn't be able to buy guns at all.
If you live in DC, you must buy a gun out of state, the gun must be on the approved list, you must have the gun shipped to CS Exchange, Sykes can then transfer the gun to you.
Even if you move to DC and already own a gun, you have to transfer it through CS Exchange.

You can't even have ammo in your possession in DC unless you have a registered gun in that caliber.

Anyone is free to open up and compete with him, OHHH, but they can't. Mr. Sykes had to sue to get his office space.
Again, blame the government regulations, not the FFL.

 

[whitsend]

His business model is based on having monopolistic control of the market. I don't think there is much to defend about his charge. Further, if it was $20, the number of transfers likely would increase.

The $125 fee is a very small part of the equation.

 

[TTNKountze]

The $125 fee is a very small part of the equation.

But it does serve as another barrier to those in DC exercising the right to own a handgun.

I'm trying to wrap my mind around why you're defending his fee and can't come up with a good reason.