The Firearms Policy Coalition (FPC) has filed a motion for summary judgment in the case of Elite Precision Customs v. ATF, a lawsuit that seeks to block federal laws that ban licensed firearm dealers from selling handguns to buyers who live in another state.
“Just like we recently secured a summary judgment order striking down California’s unconstitutional ban on firearm carry by non-residents, we intend to end this similarly unconstitutional federal ban on firearm purchases by non-residents,” said FPC President Brandon Combs.
“Our many victories for the people of the United States and our members clearly show that the right to keep and bear arms unquestionably exists throughout the United States,” he said. “We are proud to continue eliminating laws that prevent you from exercising your right to purchase and carry firearms for lawful purposes when, where, and how you choose.”
Combs said that under Supreme Court precedents, courts are required to assess whether modern firearms regulations are consistent with the Second Amendment’s text and historical understanding. He added that under that analysis, the federal ban on interstate handgun sales cannot survive constitutional scrutiny.
“Despite throwing at the wall a wide variety of regulations and restrictions on the right that existed between the early 17th century and the early 19th, the Government does not cite a single law that burdened the right of peaceable citizens to acquire arms in another state or colony in any way like the laws at issue here, or for anything approaching the same reasons,” the FPC brief asserts.
“The issue for this Court to resolve is simply whether the Government’s ban is historically justifiable, and it is not,” FPC and its co-plaintiffs argue in the brief. Accordingly, FPC’s brief argues, “This Court should grant Plaintiffs’ motion for summary judgment and deny the Government’s motion to dismiss.”
If FPC and its co-plaintiffs are ultimately successful, the federal government will no longer be able to enforce the ban, and individuals will be able to buy handguns in states other than their state of residence.
Along with the nonprofit FPC, the people and businesses suing ATF include Elite Precision Customs LLC, a licensed firearms retailer located in Mansfield, Texas; Tim Herron, a resident of New Mexico; and Freddie Blish, a resident of Arizona. The civil action is brought in the U.S. District Court for the Northern District of Texas in Fort Worth. The original suit was filed January 20, 2025.
Click here to read our previous coverage of the case.
Congress enacted the Nonresident Handgun Purchase Ban as part of the Gun Control Act of 1968. It “forbid individuals from transporting into or receiving in their state of residency any firearm acquired outside of that state, except for firearms acquired by bequest or intestate succession or pursuant to a transfer from a federally licensed dealer.
The FPC brief points out “that the upshot of these restrictions is that a peaceable American who is not disqualified from owning firearms is nevertheless proscribed from purchasing a handgun unless he is in the state where he resides and, when traveling within the country, can only purchase a handgun from a dealer in another state if he is able to arrange and pay for the out-of-state retailer to ship the handgun to a licensed in-state retailer that can, finally, complete the sale.”
This effectively gives in-state dealers a veto on the ability of residents of their state to take their business to another state and buy firearms from competitors elsewhere. The brief says this functions as both a logistical and a monetary tax on the right to keep and bear arms, as not all retailers will agree to perform interstate transfer services, and those that do typically charge a significant fee for the privilege.
