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Federal court takes up Second Amendment case

Posted 06/24/2015 2:22 pm by




Gun rights activists are challenging whether Americans living abroad can purchase firearms in a case that could have major implications for the Second Amendment.


A federal appeals court is sending the case to trial after a six-year delay.


The case revolves around Stephen Dearth, an American citizen who lives in Canada. He’s challenging a government policy that blocks him from buying a gun when he visits the U.S.


The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) prohibits people from buying a gun in a state where they do not reside.


The rule is intended to encourage people to follow the gun regulations in their homes states. But it has caused complications for Americans like Dearth who are living abroad who do not have a home state.


A federal district court sided with the government, but the U.S. Court of Appeals for the District of Columbia voted 2-1 on Tuesday to send the case to trial.


The Second Amendment Foundation is arguing the case on behalf of Dearth, while the National Rifle Association filed an amicus brief in the case.


“A statute that prevents a law-abiding citizen from exercising his or her Second Amendment rights while back on U.S. soil, no matter where they happen to be living, needs to be challenged,” said Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation, in a statement.



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