I would think Heller stating that the right to own handguns cannot be barred should have an impact on this. At the time of the interstate ban, most politicians thought it perfectly appropriate to be able to ban handguns from any state or city that wanted them banned.
So while Congress has the right to regulate interstate commerce, can they totally ban the interstate sale of an item which is constitutionally allowed to be owned by all citizens? Can't see where that falls into any level of scrutiny considering the existence of the instant background check.
Technically it's not "banned". I can (and often do) buy a handgun in another state, but the provision is that it goes through a dealer in my state, which is how they ensure compliance with state laws. So that's the detail they need to work out, how to ensure that if a handgun is bought in one state, the purchase is in compliance with the laws of the state where the purchaser lives.
Okay, technically not banned. But the level of effort is far above what an average person can manage. How many non-gun folks know a local gun shop that will do gun transfers? The major chains won't do gun transfers, so just knowing there's a Cabela's or Bass Pro down the road is no help.
Also a fact that should be argued is that a person's constitutional rights don't end at their state border. If I'm working in another state, or staying with a friend or even on vacation - I should NOT be barred the right to buy a handgun for self defense just because I can't get to my home state to accept it from a FFL.
Oh I agree, just pointing out what I see as the barrier.
If that group can work out a viable way to ensure that the state laws are followed, then I think their case is a shoe in.
Simply crying it's a violation of my second Amendment rights just isn't enough.
My PERSONAL feeling on the matter...If I'm legal to buy a gun, I ought to be able to buy one anywhere, and the responsibility ought to be MINE for following the law.
But unfortunately the court won't be asking for my personal feelings on the matter.
