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Actually its not. You have the burden, not the state. Elementary civil procedure.
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Maybe we owe laymen more than that sort of dismissal.
He was addressing strict scrutiny in which the challenged law must be found to be narrowly tailored and the least restictive means to accomplish a compelling governmental interest. Since the challenger will always argue a failure to meet that standard, the burden
is effectively shifted to the state.
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Help me through this AWB. If Heller says you can't ban a class of firearms in common use for lawful purposes and the AR-15 is the best selling rifle in America AND the Brady's have created a "class" of firearms the AR-15 is a part of so called "assault weapons" class why wouldn't Heller be useful to challenge a ban since the AR-15 is in common use and is a firearms class? Breyer seemed to think it would.
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Even if Breyer were in the majority in Heller, his dicta wouldn't bind the court in the future. I don't think Heller was tied to any specific definition of class, so that remains a concept sufficiently plastic to get any advocate where he would like to go.
It is an interesting argument though.