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Old August 4, 2013, 06:28 PM   #120
vranasaurus
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Join Date: November 16, 2008
Posts: 1,184
I have long been saying that courts aren't holding the state to it's burden under heightened scrutiny. The courts seem to be making the plaintiffs prove that the law doesn't furthers an important government interest in a way that is substantially related to that interest.

I think we can assume that public safety is an important government interest. But the government still must prove that the law in question furthers that interest and does so in a way that is substantially related to that interest.

It seems to me a plaintiff could defeat any "in a way substantially related to that interest" by showing that the real interest is in making the exercise of the RKBA more difficult.
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