Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Federal Court Holds Ban on Interstate Transfer of Handguns Unconstitutional

Friday, February 13, 2015

Federal Court Holds Ban on Interstate Transfer of Handguns Unconstitutional

On Wednesday, Judge Reed O’Conner of the United States District Court for the Northern District of Texas issued an opinion and order in Mance v. Holder, holding provisions of federal law that generally prohibit the interstate sale of handguns to be unconstitutional.  Subject to very limited exceptions, the challenged federal law prohibited a federally licensed firearms dealer from transferring a handgun, but not a rifle or shotgun, to any non-licensed individual who resided in a state other than the state where the dealer’s business was located. 

The plaintiffs, a husband and wife from the District of Columbia and a Texas firearms dealer, wished to conduct a transfer of a handgun in Texas that the D.C. residents would then take back to their place of residence in D.C.  A significant motivation for the plaintiffs in seeking to buy a handgun outside of their state of residence is the complete lack of a stocking firearms dealer in the District.  There is only a single dealer in D.C. and, due in large part to D.C.'s byzantine regulatory scheme, he does not maintain any inventory. 

After establishing that the plaintiffs had sufficient standing to raise their claim, the court began its analysis of whether the interstate transfer ban violated the Second Amendment.  First, the court determined that it would evaluate the ban “facially” and as applied to the plaintiffs specific situation.  A successful facial challenge completely prohibits the enforcement of the challenged law, while a successful as-applied challenge only stops the government from enforcing the law against the plaintiff and those similarly situated.  Next, the court applied the two-step analytical framework adopted by the Fifth Circuit in National Rifle Association v. Bureau of Alcohol, Tobacco, Firearms and Explosives.  Under this framework, the reviewing court must first determine whether the challenged law regulates conduct that falls within the scope of the Second Amendment and only then does the court determine the applicable level of judicial scrutiny and whether or not the law survives this level of scrutiny.

In the case of the interstate handgun transfer ban, the first step of the analysis was relatively easy for the court because the government could not offer evidence of any pre-20th century residency requirements for firearm acquisition and the ban applied specifically to handguns, a class of “arm” that the Supreme Court already clearly identified as being protected by the Second Amendment in District of Columbia v. Heller.  For these reasons, and because the ban generally applied to everyone who wished to acquire a handgun rather than a limited subset of the population or a small subset of “arms”, the court applied the highest level of judicial scrutiny at its disposal.

Having determined the applicable level of scrutiny, the court then evaluated the government’s supposed justification for the ban.  The government primarily argued that the ban was justified by Congress’s wish to reduce violent crime involving handguns.  It also advanced the theory that the Second Amendment does not protect the right of individuals to sell firearms.  The court essentially dismissed the latter argument entirely and focused on the crime-reduction justification.  While the court found that the ban was indeed supported by a compelling governmental interest, the court determined that it was neither sufficiently narrowly tailored  or the least restrictive means of meeting this goal  because government’s justification completely ignored intervening changes to federal law since the ban’s enactment.  The court reasoned that the requirement that federally licensed dealers conduct a background check on any potential transferee, taken with the prohibition on dealers transferring a firearm to an individual that would violate that laws of the individual’s state of residence, ruled out any justification for the ban on interstate handgun transfers.  In fact, the court found that so little justification existed for the ban given the more recent additions to federal gun law, that the ban would not survive even a lower level of scrutiny. 

Interestingly, the ban that the executive branch vigorously defended in this case would have been repealed by a proposal that President Obama supported in 2013.  The court’s opinion in this case also shows the value of strict scrutiny when applied to gun-control laws, which is why NRA has supported measures in a number of states to require strict scrutiny in any case reviewing a law that burdens the right to keep and bear arms.  While the government has not yet signaled its intent to appeal, it is likely that the decision will be appealed to the Fifth Circuit. In the meantime, the government may seek to have the effect of the decision delayed pending the appeal.

To keep up-to-date on this and other court battles to protect and advance the Second Amendment, go to https://www.nraila.org/legal-legislation/legal-updates/. 

TRENDING NOW
The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

News  

Monday, October 27, 2025

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

The idiot box has been living up to the nickname.

Australia’s Gun Laws, Failing in Different Ways

News  

Monday, June 2, 2025

Australia’s Gun Laws, Failing in Different Ways

Everything is relative, so the saying goes, which means that once in a while, it’s instructive to read about the gun laws and the state of gun rights in other countries. 

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

News  

Monday, October 5, 2026

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

Americans have willingly, and sometimes unwillingly, surrounded themselves with technology that watches, listens, records, and remembers. Cars know how and where we drive. Phones track just about everything in our daily routines. 

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

News  

Monday, October 5, 2026

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

It’s often been said that gun control is really about people control. Understanding this, the megalomania gun control advocates exhibit in their never-ending pursuit to control others displays a zealotry often associated with religious fundamentalism.

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

News  

Monday, October 5, 2026

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

While the state of Missouri is considered a pro-Second Amendment state—including having Constitutional Carry—the City of St. Louis has a tendency to try to go its own way on the matter. The recent case of ...

The New Battleground for Second Amendment Rights: Global Online Content

News  

Monday, October 5, 2026

The New Battleground for Second Amendment Rights: Global Online Content

Artificial intelligence (AI) chatbots – computer programs on websites, messaging apps, and social media platforms designed to simulate human conversation through text or voice – are now ubiquitous. Asked how widespread AI usage is, a ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.