FORT WORTH, Texas – As part of its ongoing mission to ensure individuals can exercise their right to keep and bear arms throughout the United States, Firearms Policy Coalition (FPC) announced that it has filed a motion for summary judgment in the case of Elite Precision Customs v. ATF. At issue in FPC’s lawsuit are federal laws that ban licensed firearm dealers from selling handguns to buyers who live in another state. That, Firearms Policy Coalition says, is unconstitutional.
Background on Elite Precision Customs v. ATF
This case challenges the federal prohibition on direct interstate handgun sales to law-abiding citizens. Under current law, it is illegal for federally licensed firearms dealers to sell handguns to individuals who reside in a different state, even if the buyer is fully eligible to possess firearms and passes a background check. Instead, buyers must arrange for the handgun to be shipped to a dealer in their home state, incurring additional fees and delays.
Elite Precision Customs, a Texas-based gun shop, along with individual plaintiffs and Firearms Policy Coalition, argue this restriction violates the Second Amendment. They point out that modern background check systems already ensure compliance with federal and state laws, making the 1968-era ban unnecessary and burdensome.
The lawsuit builds on earlier litigation (Mance v. Holder), which initially struck down the ban before being overturned on appeal under a legal test that the Supreme Court has since rejected in New York State Rifle & Pistol Association v. Bruen (2022). Plaintiffs now ask the court to permanently block enforcement of the ban, allowing eligible Americans to purchase handguns directly from out-of-state dealers without the current interstate transfer hurdles.
“Just like we recently secured a summary judgment order striking down California’s unconstitutional ban on firearm carry by non-residents, we intend to end this similarly unconstitutional federal ban on firearm purchases by non-residents,” said FPC President Brandon Combs. “Our many victories for the People of the United States and our members clearly show that the right to keep and bear arms unquestionably exists throughout the United States. We are proud to continue eliminating laws that prevent you from exercising your right to purchase and carry firearms for lawful purposes when, where, and how you choose.”
Under the Supreme Court’s precedents, courts are required to assess whether modern firearms regulations are consistent with the Second Amendment’s text and historical understanding. That analysis, the plaintiffs say, shows why this federal ban cannot survive constitutional scrutiny.
“Despite throwing at the wall a wide variety of regulations and restrictions on the right that existed between the early 17th century and the early 19th, the Government does not cite a single law that burdened the right of peaceable citizens to acquire arms in another state or colony in any way like the laws at issue here, or for anything approaching the same reasons,” “The issue for this Court to resolve is simply whether the Government’s ban is historically justifiable, and it is not,” FPC and its co-plaintiffs argue in the brief.
“That is fatal to the Government’s case,” they say. Accordingly, Firearms Policy Coalition’s brief argues, “This Court should grant Plaintiffs’ motion for summary judgment and deny the Government’s motion to dismiss.”
If Firearms Policy Coalition and its co-plaintiffs are ultimately successful, the federal government will no longer be able to enforce the ban, and individuals will be able to buy handguns in states other than their state of residence.
The brief can be viewed atfirearmspolicy.org/eliteprecision. FPC has been joined in this case by Elite Precision Customs LLC and two individual FPC members. The plaintiffs are represented by David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper and Kirk, PLLC, along with Cody J. Wisniewski of FPC Action Foundation and R. Brent Cooper of Cooper & Scully, P.C. FPC thanks FPC Action Foundation for its strategic support of this FPC Law case.
Individuals who want to support this important pro-Second Amendment lawsuit and dozens of other cases can join the FPC Grassroots Army at JoinFPC.org.
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About Firearms Policy Coalition
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, follow FPC on X (Twitter), Instagram, and Facebook.
before 1968 there was no such ban , the thousand and1 store in grand isle vermont sold me a colt revolver had multiple drivers licenses none of them had pictures good old days
I wrote the other day about wanting to buy a gun from a shop in South Dakota but could not because of this law even though I had multiple CCWs a passport and an OrGONEistan DL in my possession. My biggest complaint is for the guy that has one pistol that’s on vacation and it is stolen but he cannot replace it right then and there. That is clearly a violation of Shall Not Be Infringed. I know how to work the system in South Dakota legally now, but I will not post it because others on here would blow… Read more »
When I was a kid in Southern California I or any of my peers could walk into a Seara and Rareback, Monkey Wards, Western Auto, Manny Moe and Jack’s, the many “military surplus” tores in Orange County. There were guns of all sorts, new, used, military surplus, all out where anyone can and did handle them. Any of us could have bought any of them.. M1 Garands (typically $25), 1911’s (typicallyy $20), 1903 Springfields (typically $15), the venerable 6.5 Swede, Italian 6.5 Carcano (usually under $20 for these). Oh, and all the ammo you could load into the bag on… Read more »
Our rights have been steadily and slowly chipped away by Progressive incrementalism. Progressives, leftists and other anti-liberty forces realized they could not suspend the Bill of Rights and Natural Law by a single fiat so they chipped away. Successive National Firearms Acts combined with bans and other restrictions at the federal level and were amplified at the state and local level to render fundamental rights moot in many jurisdictions. That was the Progressive plan from day one, 140 years ago and they have largely accomplished their objectives. So we will claw back our rights incrementally just as they were stolen… Read more »