Federal Judge Rules Ban on Interstate Handgun Sales Unconstitutional
Added bold is all mine. this was an awkward way to go about gun control anyway. It clearly impacts the law abiding far more than felons, and is by that definition inefficient and intrusive at best. Gonna have to do better than that. Like universal registration. And perhaps a recognition the 2nd applies to other weapons besides firearms. So far only one state supreme court has recognized that rather glaring omission. Allow people other options than guns and they may just take them up instead. The case was funded by the Second Amendment Foundation.
Mance v. Holder
Indeed, in his ruling, U.S. District Court Judge Reed O’Connor of the Northern District of Texas, Fort Worth Division, writes, “(T)he Court finds that the federal interstate handgun transfer ban burdens conduct that falls within the scope of the Second Amendment.”
The judge later added, “By failing to provide specific information to demonstrate the reasonable fit between this ban and illegal sales and lack of notice in light of the Brady Act amendments to the 1968 Gun Control Act, the ban is not substantially related to address safety concerns. Thus, even under intermediate scrutiny, the federal interstate handgun transfer ban is unconstitutional on its face.”
CCRKBA and the individual plaintiffs are represented by Virginia attorney Alan Gura.
“It is bizarre and irrational to destroy the national market for an item that Americans have a fundamental right to purchase,” Gura observed. “Americans would never tolerate a ban on the interstate sale of books or contraceptives. And Americans are free to buy rifles and shotguns outside their state of residence, so long as the dealers respect the laws of the buyer’s home state. We’re gratified that the Court agreed that handguns should be treated no differently.”
From Gunssavelives dot net via CCRBKA