July 23rd, 2018
US Court of Appeals for the Fifth Circuit Opinions
Mance v. Sessions
Opinion Date: July 20, 2018
Judge: Per Curiam
Areas of Law: Civil Rights, Constitutional Law
The Fifth Circuit denied a petition for rehearing en banc, withdrew the prior opinion, and substituted the following opinion. The court reversed the district court's decision to enjoin the enforcement of federal laws that generally prohibit the direct sale of a handgun by a federally licensed firearms dealer (FFL) to a person who is not a resident of the state in which the FFL is located. The court held that the laws did not violate the Second Amendment and the Due Process Clause of the Fifth Amendment. The court held that the in-state sales requirement was narrowly tailored to a compelling government interest in preventing circumvention of the handgun laws of various states; the in-state sales requirement was not unconstitutional as applied to plaintiffs; the in-state sales requirement did not discriminate based on residency and was thus not subjected to any scrutiny under the equal protection component of the Due Process Clause; and plaintiffs' equal protection claim failed because the in-state sales requirement did not favor or disfavor residents of any particular state.
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