Chief U.S. District Judge William M. Skretny ruled today on the constitutionality of New York’s SAFE Act [pdf]. Yet again, the right to keep and bear arms is subject to intermediate, not strict, scrutiny. Citing Justice Breyer’s dissent in the Heller case, the court held that a lower standard applies, saying “these types of restrictions are presumably justified because of the unique ability of firearms to upset and disrupt public order.”
Some of Skretny’s citations are truly bizarre. He falls back on a 1998 ATF study on “sporting purposes” and articles from Mother Jones, of all things. But hey, this is New York, and he’s doing the job he was appointed to do.