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November 2nd, 2010, 10:29 AM #1Banned
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There's no scrutiny like inscrutiny: 3rd Cir. adopts less-than-strict standard
U.S. v. Marzzarella, 614 F.3d 85 (2010)
http://caselaw.findlaw.com/us-3rd-ci...NWL-pro_conlaw
The court in Marzzarella says that not everything gets strict scrutiny review just because it seems like it could implicate the 2A, and then latches onto Heller dicta to claim that some issues don't need to be analyzed because they are 'presumptively legitimate', even those issues were not at hand in Heller or McDonald and stepping through them was not needed to reach the holding. Several circuits have latched onto the same apparently catch-all dicta from the SCOTUS cases but this is probably the first time I've seen the Circuit at least pretend to expound on the issues rather than dismissing them in 2 paragraphs. The court goes on to say that prohibiting firearms with 'altered' serial numbers, even in the home, is good enough for this intermediate scrutiny and would have been good enough for the strict scrutiny should it have been applied.
Look forward to more opinions attempting to delete the 2A from our history.
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