Firearms Policy Coalition Lawsuit Challenges Federal Ban on Interstate Gun Sales

Gun and bullets on Second Amendment document.

A new lawsuit challenges the federal ban on interstate handgun sales, potentially reshaping firearm distribution in the United States.

Key Insights

  • The Firearms Policy Coalition (FPC) has filed a lawsuit challenging the federal ban on interstate handgun sales.
  • The lawsuit argues that the ban violates the Second Amendment and imposes unnecessary costs and delays on eligible buyers.
  • The case could have far-reaching implications for gun rights and interstate commerce in the firearms industry.
  • The Department of Justice’s stance on defending the law remains uncertain under the new administration.

FPC Launches Legal Challenge Against Federal Ban

The Firearms Policy Coalition (FPC) has initiated a lawsuit titled Elite Precision Customs v. ATF, challenging the federal ban on interstate handgun sales. This legal action, filed on January 20, 2025, aims to overturn restrictions that prevent licensed firearms dealers from selling handguns directly to out-of-state residents.

The lawsuit includes plaintiffs such as industry figures Tim Herron and Freddie Blish, alongside FPC and Elite Precision, an FFL based in Mansfield, Texas. The current federal ban requires individuals to ship purchased handguns to an FFL in their home state for a background check, a process that the plaintiffs argue imposes unnecessary costs and delays on eligible buyers.

Inconsistencies in Current Regulations

One of the key arguments presented in the lawsuit is the inconsistency in current regulations. While interstate sales of shotguns and rifles are permitted, handguns are subject to this restrictive ban. The lawsuit highlights that Texas state law does not prohibit FFLs from selling handguns to non-residents, but the federal Nonresident Handgun Purchase Ban prevents such transactions.

“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” – FPC President Brandon Combs

The plaintiffs are seeking a declaratory judgment, a permanent injunction, and other relief to address what they perceive as an unconstitutional restriction on Second Amendment rights.

Potential Impact on Gun Rights and Commerce

The outcome of this lawsuit could have far-reaching effects on gun rights and how interstate commerce is conducted within the firearms industry. If successful, it could potentially reshape current regulations impacting firearm distribution across state lines.

“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” – FPCAF President Cody J. Wisniewski

The FPC, a nonprofit organization focused on defending constitutional rights, views this case as part of broader efforts to eliminate laws that restrict the right to acquire, possess, and carry arms outside one’s state of residence.

Uncertain Stance of the Department of Justice

A significant factor in this case is the uncertain stance of the Department of Justice under its new administration. The DOJ has the option not to defend the law, which could substantially impact the outcome of the case.

“The DOJ, now under new management, can theoretically choose not to defend the law.” – Firearms Policy Coalition (FPC)

This decision is anticipated to be significant and closely watched, as it could indicate changing federal attitudes toward gun control. The public can access the official complaint through FPC to better understand the legal arguments being presented in this potentially landmark case.

Sources:

  1. FPC Challenges Federal Ban on Interstate Gun Sales – Shooting News Weekly
  2. New FPC Lawsuit Challenges Federal Ban on Interstate Handgun Sales – Firearms Policy Coalition
  3. Instapundit » Blog Archive » CIVIL RIGHTS UPDATE: FPC Challenges Federal Ban on Interstate Gun Sales. “This is a federal ban th