It seems that Alan Gura rides again–this time in the Northern District of Texas, Fort Worth Division. Get a load of this:
“The federal interstate handgun transfer ban is unique compared to other firearms restrictions because it does not target certain people (such as felons or the mentally ill), conduct (such as carrying firearms into government buildings or schools), or distinctions among certain classes of firearms (such as fully automatic weapons or magazine capacity). Instead,” Judge O’Connor wrote in Mance v. Holder, “the federal interstate handgun transfer ban targets the entire national market of handgun sales and directly burdens law-abiding, responsible citizens who seek to complete otherwise lawful transactions for handguns.”
According to Judge O’Connor, this approach not only infringes on the core scope of the Second Amendment, it fails to permissibly advance a legitimate government interest while doing so. The Obama administration, he wrote, has “not shown that the federal interstate handgun transfer ban is narrowly tailored to be the least restrictive means of achieving the Government’s goals under current law. The federal interstate handgun transfer ban is therefore unconstitutional on its face.”
Obviously, this one is far from over, but that is a strong opinion in favor of the Second Amendment. More importantly, Judge O’Connor used the standard of strict scrutiny, meaning he views the question as one concerning a fundamental right.
Yeah, buddy!
Bet on this one being appealed and appealed. As I understand Gura’s grand design, it’s all part of the plan to take back our Second Amendment rights in the same way they were stolen–one piece at a time. But this time, we’ve already gotten them acknowledged as an individual right and we’ve gotten them declared as incorporated (they apply to states, meaning that a state can not take them away). Unless we go full goose bozo police state, or the nannies manage to get a Constitutional amendment passed, they can’t take them from us again.
We just have to watch for the next sneaky way they come after us, such as with a tax, or after our ammo, or our ranges. Because the anti-gunners are our sworn enemies, and like the Terminator, they will not stop. Always remember that. They. Will. Not. Stop. Ever.