More on the DC challenge to ban on interstate sales
Josh Blackman has details, including a link to the complaint.
I'd think it marks a tactical transition. Up to Chicago, things had to be a bit cautious. Heller and McDonald were by no means risk-free, but they were carefully focused and calculated, since a loss would have been very damaging. Now, the pro-2A side is free to roll the dice, since it's on the offensive and moving on many fronts. If this, or another challenge, does not succeed, it's not a major loss, and likely there will be a breaththru elsewhere.
One complicating feature will be that the real reason for the ban on interstate sales to non-FFLs was a bit of history that its proponents couldn't afford to admit. It originated as a move by domestic gun manufacturers to eliminate their major rivals, the mail order houses. Pre-1968, a firearm was like most goods, something you could by locally, or by mail from out of State. Big mail order houses, mostly based in Chicago, were importing and selling military bolt action rifles that could be converted into good deer rifles. Mauser 98s went for about $25, Springfield '03s for about $40. Buyers would shorten the stock, improve the sights, and have a nice hunting arm for half what a factory rifle cost (then $100-150).
GCA 68 originated in a gun manufacturers' bill that would (1) outlaw interstate sales, (2) require the buyer to purchase in person from a licensed dealer and (3) ban surplus imports (the last was somewhat relaxed about twenty years ago). The combination killed off the mail order houses and channeled new sales thru the manufacturers' networks.
I'm waiting for the challenge to the $200 transfer/making tax in the NFA because it is a tax on a fundamental constitutional right.
Posted by: Letalis Maximus, Esq. at May 12, 2011 02:55 PM
I was under the impression the DC challenge was about the prohibition on interstate purchases of handguns. What does that have to do with the prohibition on shipping rifles to non-FFLs?
Posted by: elmo iscariot at May 12, 2011 08:28 PM