Reply #138: The reason is that prior to Heller SCOTUS hadn't ruled that the 2A protected an individual right. [View All]

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Thus you would have no basis to sue for Constitutional relief. Kinda getting the horse before the cart (need to show that an individual protection exists before suing for relief under that protection).

No protected right = no need for strict scrutiny. For example if the govt wanted to ban toasters they wouldn't need to apply strict Scrutiny. You have no Constitutional right to make toast.

Prior to Heller although many of us felt the 2A protected an individual right it wasn't settled law. Lastly I can't take credit for the 3 pronged test. That precedent comes from a prior Supreme Court decision dealing with Constitutional protections United States v. Carolene Products (1938).

The first notable case that used it as precedent was Korematsu v. United States (1944).