Federal district judge Reed O'Connor rules that the federal Gun Control Act of 1968 violates the Second Amendment

Ann Althouse

Notably, O’Connor applied strict scrutiny:

In the wake of the Supreme Court’s 2008 decision in District of Columbia v. Heller, which did not endorse any specific level of scrutiny for future Second Amendment cases, gun rights advocates have been urging the lower courts to practice strict scrutiny whenever appropriate…

…At its core, the Second Amendment protects law-abiding, responsible citizens. 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 [federal firearms licensees] in every state other than their state of residency and the District of Columbia….



Read the entire article at Althouse.

Related: District Judge Rules Federal Interstate Handgun Sales Ban Unconstitutional (video)

…According to the Firearms Policy Coalition, the ruling was the result of Fredric Russell Mance, Jr. et al. v. Eric H. Holder, Jr. and B. Todd Jones, which was backed by the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA)

Judge O’Connor ruled that the ban on interstate handgun sales violated “the Second Amendment and the Fifth Amendment’s Due Process Clause.” The provisions of the ban are therefore unconstitutional and the “[d]efendants are enjoined from enforcing [them].”…



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