Alan Gura wins again

Shall Not Be QuestionedThe court applied strict scrutiny, and despite the government’s attempts to argue they needed the restriction in order to prevent criminals from circumventing state guns laws, the judge wasn’t buying it. What’s also very interesting is that he argues that the Brady Act changed the game for the GCA ’68 restrictions, with the idea that in an era of instant background checks, some GCA requirements cannot stand up to strict scrutiny.

This is a summary of a district court decision on interstate sale of handguns, with the judge finding that certain requirements under federal law are no longer acceptable with the advent of the instant background check system.

I think the biggest news here is that the district court applied strict scrutiny rather than the various alternates other courts have tried to use for the 2nd Amendment, and as a bonus, said the ban would also fail intermediate scrutiny. The strict scrutiny element in particular will be useful to cite in later cases, assuming it survives any appeals. Read the whole thing for more details; there are other useful precedents being set here.

Joe suggests that this may be big news for people in states with strict gun control laws already. I'm not sure about that part, though I would need to read the decision closely to be sure.

I do think that Joe's right about the sporting purposes test being on the chopping block. It cannot survive any honest form of strict scrutiny.

This is a big step forward for gun rights.

Thanks again, Alan!

This entry was published Fri Feb 13 11:01:31 CST 2015 by TriggerFinger and last updated 2015-02-13 11:01:31.0. [Tweet]

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