Friday, February 13, 2015

Second Amendment Victory

I especially like the way the judge scrutinized the law.  Read the opinion. Will be appealed. Stay tuned.
 The court utilized strict scrutiny. This make the government put up a very strong case.  This is crucial in influencing which side will win the case.  The court say this is appropriate when the core of a fundamental right is attacked. I agree.  Although I might extend strict scrutiny beyond this.The U.S. Court of Appeals case cited on standards of review is N.R.A. v. BATFE, 700 F.3d 185 (CA5, 2012).  The  U.S. Supreme Court denied appeal in the N.R.A. case.  The standard of review is a crucial issue that the Supreme Court needs to decide. The District Court wrote in Mance:


“A law that burdens the core of the Second Amendment guarantee—for example, ‘the right


of law-abiding, responsible citizens to use arms in defense of hearth and home’— would trigger strict

scrutiny.” NRA, 700 F.3d at 205 (quoting Heller, 554 U.S. at 635) (internal citation omitted). At its

core, the Second Amendment protects law-abiding, responsible citizens. Id. at 206. Instead of
limiting the federal interstate handgun transfer ban to a discrete class of people, it prevents all legally


responsible and qualified individuals from directly acquiring handguns from FFLs in every state
other than their state of residency and the District of Columbia." . .  .
The Court, therefore, applies strict scrutiny—that is, the law must be narrowly
tailored to be the least restrictive means of achieving a compelling government interest."

1 comment:

  1. Gotta wait and see if the Gummint appeals...

    Art

    ReplyDelete