Federal Judge Denies Stay in Gun Transfer Case

A victory for the Second Amendment

By  CCRKBA, Special for  USDR.

A federal court in Texas has denied a government motion for a 60-day stay in a case involving interstate handgun transfers in which the judge applied strict scrutiny to determine whether a ban on such transfers meets constitutional  muster.

The case, known as Mance v. Holder, was filed by the Citizens Committee for the Right to Keep and Bear Arms, and is financially supported by the Second Amendment Foundation. It involves plaintiffs residing in Texas and the District of Columbia, and the ruling last month by U.S. District Judge Reed O’Connor of the Northern District of Texas, Fort Worth Division, found that “the federal interstate handgun transfer ban is unconstitutional on its  face.”

The government had asked for a 60-day stay in order to decide whether to file an appeal. But Judge O’Connor ruled today that a stay is not warranted because the government could offer no other reasons for its request other than the court’s “inherent authority to manage its  docket.”

“We’re delighted that Judge O’Connor is not going to simply allow the government to stall this ruling,” said CCRKBA Chairman Alan Gottlieb. “This case could have significant ramifications nationwide, and allowing a two-month stay while the government essentially claims it will be thinking about whether to appeal obviously was not  warranted.”

CCRKBA and the individual plaintiffs are represented by Virginia attorney Alan Gura and Texas attorney William B. “Bill” Mateja of Fish & Richardson in  Dallas.

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