Defendants argue that the federal interstate handgun transfer ban imposes only minimal burdens, so heightened scrutiny is not warranted…. Defendants rely on the Second Circuit’s opinion in United States v. Decastro, 682 F.3d 160, 166-67 (2d Cir. 2012), which held that heightened scrutiny is reserved for regulations that “substantially” burden the Second Amendment right…. Under this standard, a plaintiff may rebut the presumption that a longstanding regulation is presumptively lawful by showing that the regulation has more than a de minimis effect upon his right; “[a] requirement of newer vintage is not, however, presumed to be valid.” [Heller v. District …read more

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