A new federal appeals court ruling could change how Americans buy handguns across state lines. William Kirk of Washington Gun Law breaks it down in the video below.
What the Court Decided
In Elite Precision Customs v. ATF, the U.S. Court of Appeals for the Fifth Circuit found that the federal provisions making up the interstate handgun sales ban, 18 U.S.C. § 922(a)(3), (a)(5) and (b)(3), have no historical support and are unconstitutional under the Second Amendment.
Under those laws, a dealer generally cannot sell a handgun directly to someone who lives in another state. Instead, the gun has to be shipped to a licensed dealer (FFL) in the buyer’s home state, and private sellers cannot transfer guns directly to residents of other states.
What It Means for Illinois Gun Owners
Nothing changes here yet. The Fifth Circuit covers Texas, Louisiana and Mississippi. Illinois is in the Seventh Circuit, so the interstate handgun rules still apply to Illinois residents. The government may also ask for further review, including by the U.S. Supreme Court.
For now, if you buy a handgun from an out-of-state seller or online, it still has to be transferred through an Illinois FFL, and Illinois FOID and waiting-period requirements still apply. We will keep following this case in our weekly law updates.
Need a transfer? Firearms Safety Academy handles FFL transfers. See our FFL Transfer page for details.
This post is for general information only and is not legal advice.