People Have A 'Fundamental Right' To Own Assault Weapons, Court Rules

[appal_jack]

1. Strict scrutiny is the correct test for AWB-type laws.

When explicitly-enumerated Constitutional rights are on the line, judges damn well should employ "strict scrutiny."

More from the article:

Indeed, the biggest surprise in Chief Judge Traxler's 66-page opinion is the words "strict scrutiny," a stringent constitutional test that most government laws and regulations fail. Other courts have applied more forgiving standards to similar gun legislation and upheld it.

The 4th Circuit's decision didn't outright strike down the Maryland legislation. Instead, it instructed a lower court to subject the provision to the higher legal standard, meaning more litigation and the possibility of a future showdown at the Supreme Court -- though maybe not yet, according to Winkler.

k&r,

-app