Huge Win for the Second Amendment

  • 17 February 2015
  • NormanL
Handgun and Win for Second Amendment

A federal district court in Texas has struck a long-overdue blow for freedom and the Second Amendment, with a ruling that overturns part of a 1968 gun control law that banned the sale of handguns to out-of-state residents:

The ruling takes aim at the federal Gun Control Act of 1968, which prohibited handgun sales to out-of-state residents and was defended by Attorney General Eric H. Holder Jr., who argued that the law doesn’t violate the Second Amendment.

Proponents of lifting the ban said the 1968 law had become dated given technological advances in instant background checks, which are performed every time a gun is purchased from a federally licensed firearm dealer. It also prohibited a robust national handgun market from developing, as rifles and shotguns can be purchased regardless of state residency, but handguns are not.

In his decision, Judge Reed O'Connor said:
...the law had to survive the highest level of scrutiny and ruled that it plainly did not. He granted the gun vendors’ request for a summary judgment striking down the law.

“Based on the foregoing, the Court concludes that Defendants have 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.”

The string of court victories for the Second Amendment, and common sense, continues...