Both Heller and McDonald suggest that broadly prohibitory laws restricting the core Second Amendment right—like the handgun bans at issue in those cases, which prohibited handgun possession even in the home—are categorically unconstitutional. Heller, 554 U.S. at 628-35 (“We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding ‘interest-balancing’ approach.”); McDonald, 130 S.Ct. at 3047–48.
Diane S. Sykes
July 6, 2011
United States Court of Appeals For the Seventh Circuit
RHONDA EZELL, et al., v. CITY OF CHICAGO
[I am not a lawyer but the way I read this is that “common sense” gun laws are going to have a rather difficult time getting past the courts because ‘interest-balancing’ is likely to be a non-starter.—Joe]