In 1968, Lyndon Baines Johnson signed a bill into law that banned the sale of pistols across state lines. On Feb 11th, a federal district judge in Texas ruled that the law is unconstitutional.
U.S. District Court Judge Reed O’Connor threw out a request by the Department of Justice and Eric Holder to dismiss the case on the grounds that the gun dealer had no standing and suffered no harm because of the law. However, Judge O’Connor ruled that gun shop owner, Fredric Mance Jr, did have standing and suffered a loss from the sale of two pistols to a married couple from Washington, D.C., Andrew and Tracey Hanson. The Hansons did not buy the guns once they were told they could not take immediate delivery.
The Hansons would have had to pick the guns up from a dealer in D.C. and would have to pay shipping and other charges. They had tried to make the purchase in Texas, where the guns sell for a much better price. That’s why gun rights groups want to see the law overturned. If local dealers had to compete with out of state dealers, the price of guns would drop.
It seems likely that Holder will appeal the ruling, which would send the case to the Fifth Circuit Court in New Orleans. The court is made up of 17 judges that cover parts of Texas, Mississippi and Louisiana. Ten of the judges were appointed by Reagan and George W Bush and five were appointed by Clinton and Obama, with two current openings. That puts the odds in favor of the 2nd Amendment.
The judge found that the law violated both the 2nd Amendment and the 5th Amendment. He distinguished between this law and laws pertaining to certain individuals such as felons.
Today justice was served.
Courtesy of Red Statements.