D.C. Circuit: Let’s Go To Trial on Nonresident Citizen Gun Purchase Ban
In a 2-1 opinion published today, Senior D.C. Circuit Court of Appeals Judge A. Raymond Randolph said that:
the [District of Columbia] district court’s grant of summary judgment in favor of the United States is vacated with respect to plaintiff Dearth and plaintiff Second Amendment Foundation, Inc. (insofar as its claim is based on Dearth’s standing), and the case is remanded for trial.
As stated in the opinion:
The question in this case is whether a citizen who permanently resides outside the United States has a right under the Second Amendment to the United States Constitution to purchase a firearm for self-defense while he is temporarily visiting this country. Dearth alleges that 18 U.S.C. § 922(a)(9) & (b)(3) and implementing regulations, 27 C.F.R. §§ 478.29a, 478.96, 478.99, 478.124, are unconstitutional because the provisions, in effect, prohibit citizens not residing in any state from purchasing firearms.
The full opinion can be read here.