FORT WORTH, Texas – Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) have filed an important new lawsuit challenging federal laws prohibiting licensed firearm dealers from selling handguns to out-of-state buyers.

Elite Precision Customs v. ATF Case Background

The new lawsuit titled “Elite Precision Customs LLC, et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al.” challenges the federal ban on interstate handgun sales. Filed by plaintiffs Elite Precision Customs LLC, Tim Herron, Freddie Blish, and the Firearms Policy Coalition, Inc., the lawsuit takes aim at regulations that prevent individuals from purchasing handguns from federally licensed dealers located outside their state of residence. Here’s a breakdown of the key issues and elements involved in this legal challenge:

Parties Involved:

• Plaintiffs: Elite Precision Customs LLC, Tim Herron, Freddie Blish, and Firearms Policy Coalition, Inc.
• Defendants: Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Acting Attorney General James R. McHenry III, and Acting Director of the ATF, Marvin G. Richardson.

Legal Background:

Under current federal law, individuals cannot purchase handguns across state lines directly from dealers unless the firearms are shipped to a dealer in the purchaser’s home state. This law, under 18 U.S.C. § 922(a)(3) and § 922(b)(3), is argued to impose undue hardship on buyers and sellers by adding unnecessary costs and delays.

Court’s Previous Rulings:

This issue was previously addressed in the case Mance v. Holder, where the District Court ruled the ban unconstitutional, a decision later reversed by the Fifth Circuit Court. The plaintiffs are leveraging the recent Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which rejected the use of means-end scrutiny for evaluating Second Amendment claims, as a new basis to challenge the interstate handgun sale ban.

Argument:

The plaintiffs argue that the ban violates the Second Amendment by preventing law-abiding citizens from purchasing handguns across state lines for lawful purposes. They contend that with modern background checks and digital records, the concerns that originally justified these restrictions are outdated.

Relief Sought:

The lawsuit seeks declaratory and injunctive relief against the enforcement of the federal ban, arguing it infringes on Second Amendment rights.

This case represents a significant legal challenge to federal firearms regulations, highlighting the ongoing debate over gun rights and state versus federal powers in regulating firearm sales and ownership.

The case, Elite Precision Customs v. ATF, can be accessed at firearmspolicy.org/eliteprecision. This lawsuit is part of FPC and FPCAF’s high-impact strategic litigation program, FPC Law, which aims to eliminate unconstitutional laws and create a world of maximal liberty. FPC is joined in the litigation by two individual FPC members as well as Elite Precision Customs, a federally licensed firearm retailer in Texas. FPCAF is the counsel of record in this matter.

“This lawsuit challenges the federal ban on interstate transfers of handguns from federally licensed dealers to individuals who are otherwise eligible to purchase and possess a handgun for lawful purposes but cannot purchase directly from a dealer because they do not live in the same state as the dealer,” the complaint says. Because of that, the “ban violates the Second Amendment.” The plaintiffs are seeking a declaratory judgment, a permanent injunction, and other relief.

“FPC and our courageous co-plaintiffs are proud to take on the federal government and fight forward to bring this evil ban scheme to its end,” said FPC President Brandon Combs. “This important case is part of our broader strategic litigation efforts to eliminate laws that deny the right of peaceable people to exercise their right to acquire, possess, and carry arms while outside their state of residence. Through this case and others, we look forward to eliminating these immoral regulatory schemes once and for all.”

“The government’s ban preventing firearm dealers from selling handguns to people that reside in other states is unconstitutional. The ban has no historical support and cannot be justified under Supreme Court precedent. We look forward to demonstrating that in court,” said FPCAF President Cody J. Wisniewski, counsel for the plaintiffs.

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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 (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, and YouTube.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs. Individuals who want to support this and other cases can make a tax-deductible donation to the FPC Action Foundation.