FORT WORTH, Texas – As part of its ongoing mission to ensure individuals can exercise their right to keep and bear arms throughout the United States, Firearms Policy Coalition (FPC) announced that it has filed a motion for summary judgment in the case of Elite Precision Customs v. ATF. At issue in FPC’s lawsuit are federal laws that ban licensed firearm dealers from selling handguns to buyers who live in another state. That, FPC says, is unconstitutional.

“Just like we recently secured a summary judgment order striking down California’s unconstitutional ban on firearm carry by non-residents, we intend to end this similarly unconstitutional federal ban on firearm purchases by non-residents,” said FPC President Brandon Combs. “Our many victories for the People of the United States and our members clearly show that the right to keep and bear arms unquestionably exists throughout the United States. We are proud to continue eliminating laws that prevent you from exercising your right to purchase and carry firearms for lawful purposes when, where, and how you choose.”

Under the Supreme Court’s precedents, courts are required to assess whether modern firearms regulations are consistent with the Second Amendment's text and historical understanding. That analysis, the plaintiffs say, shows why this federal ban cannot survive constitutional scrutiny.

“Despite throwing at the wall a wide variety of regulations and restrictions on the right that existed between the early 17th century and the early 19th, the Government does not cite a single law that burdened the right of peaceable citizens to acquire arms in another state or colony in any way like the laws at issue here, or for anything approaching the same reasons,” “The issue for this Court to resolve is simply whether the Government’s ban is historically justifiable, and it is not,” FPC and its co-plaintiffs argue in the brief.

“That is fatal to the Government’s case,” they say. Accordingly, FPC’s brief argues, “This Court should grant Plaintiffs’ motion for summary judgment and deny the Government’s motion to dismiss.”

If FPC and its co-plaintiffs are ultimately successful, the federal government will no longer be able to enforce the ban, and individuals will be able to buy handguns in states other than their state of residence.

The brief can be viewed at firearmspolicy.org/eliteprecision. FPC has been joined in this case by Elite Precision Customs LLC and two individual FPC members. The plaintiffs are represented by David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper and Kirk, PLLC, along with Cody J. Wisniewski of FPC Action Foundation and R. Brent Cooper of Cooper & Scully, P.C. FPC thanks FPC Action Foundation for its strategic support of this FPC Law case.

Individuals who want to support this important pro-Second Amendment lawsuit and dozens of other cases can join the FPC Grassroots Army at JoinFPC.org.

About FPC

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, follow FPC on X (Twitter), Instagram, and Facebook.