Quote:
Both rulings are about complete prohibitions against the ownership/possession of handguns. Other than extending that ruling to apply to state/local laws, what is it in McDonald that goes beyond what Heller says about protecting firearm rights?
|
This is a good question - the difference between Heller and McDonald is that Alito delcared the 2nd amendment a
fundamental right . You can check out the entire opinion on SCOTUSBLOG. Just look at Alito's part - no need to peruse all the dissents. This wording of this phrase is surprisingly clear and strong. Alito's declaration, according to most legal interpretations that I have seen, confers a strict level of scrutiny. It's much more declarative than Heller, since the color of the 14th was not an issue.