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Mance v. Sessions, en banc ruling
Right here. The en banc court split dramatically, voting 8-7 to reverse the district court's issuance of an injunction. The issue involved DC residents who wanted to purchase a handgun from an FFL in Texas; the GCA forbids an FFL (anyone else) selling a handgun to any non-FFL who resides in a different state.
The problem was that there is only one FFL in the District of Columbia, and he charges a $125 fee to process a firearm.
The Fifth Circuit again assumed, without specifically deciding, that strict scrutiny applied. (p.7).
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After thought :
How would this work on an (American) indian reservation ?
If GCA says state then any Maryland ffl can handle the transfer but the CGA is unconstitutional since the Contitution does not grant power to license FFLS. The powers of the feds are "few and defined" so if it's not written it is not not defined so the Congress cannot legitimately enact statutes.
Besides the DC Council is unconstitutional and all enactments by the DC council are not law. The Constitution grants exclusive legislation to the Congress with no authority to allow the DC Council to make laws.
The GCA specifically says that for the purposes of the Act, Washington DC is a "state".
I love how Congress believes they can redefine blue to be red or up to be down. "State" is a universally recognized term which Congress is not empowered to define. Note that DC is not a "state" relative to the commerce clause regardless of what Congress wants to say because DC was not a part of the ratification process to be one of the member "United States". Recall that the USA ARE a Union and NOT a singular nation. The members of the Union are free and independent NATIONS, often referred to as States, and DC does not qualify as a member of the Union, merely as the seat of government. Powers not explicitly granted are not granted at all. Congress cannot legitimately define "militia" or "natural born citizen" because those terms have definitions that pre-exist the Constitution.
So one reaches the conclusion that the CGA 68 contains numerous unconstitutional provisions, primarily because Congress' power to regulate commerce among the several states DOES NOT ALLOW Congress to regulate things in commerce as per every writer on the Constitution up to roughly 1900. No amendments were made and the Courts have no legitimate power to expand on the granted powers using implied, inherent, or attached powers. Creating/allowing/expanding powers in such a manner is amending the Constitution without following the legal process.
One must understand is that the feds can only legislate within the granted powers. Madison - "few and defined". Not written - not defined.
Never re-elect an incumbent.
the GCA forbids an FFL (anyone else) selling a handgun to any non-FFL who resides in a different state.
Um, DC = NOT a State.
No Governor, no Senator, no Representative…
Does the GCA say “other state” or “out of state” ?
I wonder what other loop-holes DC residents enjoy ?