The court found that the plaintiffs, a Texas FFL, the FFL’s two customers (husband and wife) who reside in the District of Columbia, and the Committee for the Right to Keep and Bear Arms, all have standing to bring this challenge to the “federal interstate handgun transfer ban,” which is found in the Gun Control Act of 1968.
The Court then found that, based on District of Columbia v. Heller, the federal interstate handgun transfer ban is properly evaluated under a test of constitutionality known as “strict scrutiny” and that it fails that test. Very few laws can survive strict scrutiny analysis.
The Court went on to find that the transfer ban would still be unconstitutional under the lower, more lenient, standard of “intermediate level” scrutiny.
Although the trial court’s opinion in Mance v. Holder is very favorable to those who support the Second Amendment, the trial court’s opinion on this constitutional issue almost certainly will be appealed.
The court’s full opinion can be accessed here:
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