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.
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.
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