The Volokh Conspiracy » Second Amendment Challenge to Village?s Gun Dealer Ban Can Go Forward
Second Amendment Challenge to Village’s Gun Dealer Ban Can Go Forward
Eugene Volokh • April 20, 2013 9:57 am
So holds a federal district court in northern Illinois, in Kole v. Norridge (N.D. Ill. Apr. 19, 2013):
Although the Supreme Court [in Heller] explained that laws regulating the commercial sale of firearms are “presumptively lawful,” it did not purport to exempt those laws from constitutional scrutiny.... The Seventh Circuit’s analysis in United States v. Williams, 616 F.3d 685 (7th Cir. 2010), is particularly instructive. Williams involved 18 U.S.C. § 922(g)(1)’s ban on the possession of firearms by felons—one of the other “presumptively lawful” regulatory measures specifically identified in Heller. Nonetheless, the Seventh Circuit explained that “the government does not get a free pass”; “it still must prove that the ban is constitutional, a mandate that flows from Heller itself”; and “putting the government through its paces in proving the constitutionality of § 922(g)(1) is only proper.” The Seventh Circuit ultimately applied a form of intermediate scrutiny and upheld § 922(g)(1).