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1 Dark_Falcon  Feb 11, 2015 5:42:50pm

Good stuff RWC. It’s always a welcome sight to see dumb laws get pruned back.

2 Romantic Heretic  Feb 17, 2015 1:57:00am

Shrugs. Yet more proof that firearms are a holy icon of the American religion and that there will never, ever be any successful attempts to keep those holy icons out of the hands of those not fit to use them.

Like the Aztecs Americans have become inured to the fact that thousands of lives are required every year to keep the universe (or America at the very least) in existence. At least Americans aren’t in the habit of wearing the skins of their victims.

Yet.

3 Dark_Falcon  Feb 17, 2015 4:48:19am

re: #2 Romantic Heretic

Actually, the case is about whether an aspect of the Gun Control Act of 1968 ran afoul of the Constitution as interpreted in Heller vs. DC. I refer you to a portion of the opinion quoted by RWC:

“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.”

The federal government had a chance to make its case regarding this case, but they didn’t make a good one. And if a law burdens conduct protected by an Amendment within the Bill of Rights, then it must be shown to actually serve a major public interest. That could not be shown in this provision of the GCA, so the provision was stricken.


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