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Gun Control, What judicial scrutiny standard should apply

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  • Gun Control, What judicial scrutiny standard should apply

    This question is aimed at our forum's Gun Control advocates.

    What standard of Judicial Scrutiny should the courts apply to Gun Control Legislation:

    Rational basis
    Courts applying rational basis review seek to determine whether a law is "rationally related" to a "legitimate" government interest, whether real or hypothetical.

    Intermediate scrutiny
    In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an important government interest by means that are substantially related to that interest.

    Strict scrutiny
    The Court may apply the strict scrutiny standard to nevertheless hold a law or policy constitutionally valid if the government can demonstrate in court that the law or regulation is necessary to achieve a "compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve the compelling purpose, and uses the "least restrictive means" to achieve the purpose.

  • #2

    I'm always still in trouble again

    "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
    "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
    "Of course, human life begins at fertilization that’s not the argument." --Tassman

    Comment


    • #3
      The first to state his case seems right until another comes and cross-examines him.

      Comment


      • #4
        It seems like our most vocal gun control advocates don't want to answer....

        Comment


        • #5
          Originally posted by CivilDiscourse View Post
          It seems like our most vocal gun control advocates don't want to answer....
          There's nothing here really to , so...
          The first to state his case seems right until another comes and cross-examines him.

          Comment


          • #6
            Originally posted by Cow Poke View Post

            There's nothing here really to , so...
            Sure seems that way.

            Comment

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