An important new lawsuit challenging federal laws prohibiting licensed firearm dealers from selling handguns to out-of-state buyers has been filed in Texas.
On January 20, 2025, in the United States District Court for the Northern District of Texas in Fort Worth, the Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) filed Elite Precision Customs v. ATF. Elite Precision Customs is a federally licensed firearm retailer in Mansfield, Texas.
“This lawsuit challenges the federal ban on interstate transfers of handguns from federally licensed dealers to individuals who are otherwise eligible to purchase and possess a handgun for lawful purposes but cannot purchase directly from a dealer because they do not live in the same state as the dealer,” the complaint says. Because of that, the “ban violates the Second Amendment.” The plaintiffs are seeking a declaratory judgment, a permanent injunction, and other relief.
FPC is joined in the litigation by two individual FPC members: Tim Herron, a New Mexico resident, and Freddie Blish, an Arizona resident. FPCAF is counsel of record in this matter.
Defendants are the Bureau of Alcohol, Tobacco, Firearms And Explosives (BATFE); James R. McHenry III, in his official capacity as Acting Attorney General of the United States; and Marvin G. Richardson, in his official capacity as the Acting Director of the BATFE.
“FPC and our courageous co-plaintiffs are proud to take on the federal government and fight forward to bring this evil ban scheme to its end,” said FPC President Brandon Combs. “This important case is part of our broader strategic litigation efforts to eliminate laws that deny the right of peaceable people to exercise their right to acquire, possess, and carry arms while outside their state of residence. Through this case and others, we look forward to eliminating these immoral regulatory schemes once and for all.”
“The government’s ban preventing firearm dealers from selling handguns to people that reside in other states is unconstitutional. The ban has no historical support and cannot be justified under Supreme Court precedent. We look forward to demonstrating that in court,” said FPCAF President Cody J. Wisniewski, counsel for the plaintiffs.
Congress enacted the Nonresident Handgun Purchase Ban as part of the Gun Control Act of 1968. Two sections “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 lawsuit can be accessed here.
