Posted June 9, 2015 5:00 pm by Comments

By Robert Farago

(courtesy baltimorecriminaldefenselawyerblog.com)

Earlier today [Monday], Justice Clarence Thomas (joined by Justice Antonin Scalia) issued a pointed dissent to the Supreme Court’s order denying review in the Jackson v. San Francisco Second Amendment gun rights case. In the amici brief we submitted to the Supreme Court asking that they take up the Jackson case, your Firearms Policy Coalition argued, in part, that . . .

Notwithstanding this Court’s explicit direction, the lower courts have adopted a test that requires them to engage in the very sort of interest balancing Heller and McDonald forbid….

There is thus a clear divide between those courts that nod along to Heller as they perform the post-Heller two-step (but actually apply Justice Breyer’s deferential interest-balancing inquiry), and those courts determined to review Second Amendment claims in a manner consistent with Heller and McDonald.

In the meantime, as more lower courts apply more layers of scrutiny that defer to state and local government policy choices (the supposed process of reviewing Second Amendment claims under Heller and McDonald), those governments become all the more emboldened to push the envelope with regulations that become the functional equivalent of the outright bans on possession in the home (the substance of the “core” …read more

Source:: Truth About Guns

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