Thursday, March 05, 2015

Dave Workman: Federal judge denies government stall in gun transfer case



The same federal judge in Fort Worth, Texas who last month handed the Citizens Committee for the Right to Keep and Bear Arms a significant victory in a case challenging a long-standing ban on interstate handgun sales yesterday denied what was essentially an attempt by the federal government to stall the case for two months while considering whether to appeal the ruling.

Call it the “Jack Benny strategy,” referring to an old skit by the late comedian in which a robber asks “Your money or your life” and Benny responded, “I’m thinking it over.” That, essentially, is what attorneys for the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Department of Justice tried to tell U.S. District Judge Reed O’Connor of the Northern District of Texas, Fort Worth Division after he ruled against them last month in the case of Mance v. Holder.

That was the case in which Judge O’Connor ruled that “the federal interstate handgun transfer ban is unconstitutional on its face.” He also applied strict scrutiny to determine whether a ban on such transfers is allowable under the constitution. It was something of a double win for CCRKBA in a case financially supported by the Second Amendment Foundation.

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