collapse

Advertisement


Author Topic: Court Applies "Strict Scrutiny" Review Standard to MD Gun Ban  (Read 1084 times)

Offline Fl0und3rz

  • Forum Sponsor
  • Trade Count: (+7)
  • Legend
  • *****
  • Join Date: Oct 2010
  • Posts: 51553
  • Location: E. WA
Court Applies "Strict Scrutiny" Review Standard to MD Gun Ban
« on: February 04, 2016, 02:44:24 PM »
This is good news.   :)

Higher bar for infringements on 2A, means easier to strike down such infringements.


Quote
Big #2A Win – 4th Circuit Applies Strict Scrutiny to Maryland Gun Control Law

. . .

In 2013, Maryland enacted its Firearms Safety Act (FSA). With its passage, effectively banning its residents from owning any of the large majority of semi-automatic rifles owned by American citizens (exceptions were made for retired law enforcement officers). The FSA also imposed other restrictions, such as banning certain standard-capacity magazines.

. . .

Generally speaking, if the State can articulate virtually any purportedly reasonable basis for the gun law, it survives scrutiny. Merely uttering the words “public safety” is usually sufficient for this purpose.

Of course, normally laws that arguably infringe an enumerated Constitutional rights are not subject to mere intermediate scrutiny, but rather they are subject to strict scrutiny. To survive strict scrutiny the law must advance not merely any governmental interest, but in particular a compelling governmental interest.

. . .

In a nutshell, then, if intermediate scrutiny is applied to almost any law, the law survives. If strict scrutiny is applied to almost any law, the law falls.

. . .

It is a true oddity of constitutional law that the rights enumerated in the Constitution are almost invariably privileged to strict scrutiny–except for the rights enumerated in the Second Amendment.

http://legalinsurrection.com/2016/02/big-2a-win-4th-circuit-applies-strict-scrutiny-to-maryland-gun-control-law/

Offline cowboycraig

  • Trade Count: (0)
  • Longhunter
  • *****
  • Join Date: May 2013
  • Posts: 919
  • Location: Seattle
    • What is an Operator?
  • Groups: NRA
Re: Court Applies "Strict Scrutiny" Review Standard to MD Gun Ban
« Reply #1 on: February 04, 2016, 02:51:51 PM »
Maryland can use the help.

 


* Advertisement

* Recent Topics

Beaver Traps 4 Sale by Katalla
[Today at 06:12:26 AM]


Stone Glacier packs by trophyhunt
[Today at 06:11:39 AM]


Scope/mount options Ruger Ranch 5.56 by Westside88
[Today at 05:55:15 AM]


Anti-Snagging Rule ? by furbearer365
[Today at 05:39:03 AM]


Koro Traps 4 Sale by Katalla
[Today at 05:29:58 AM]


GROUSE 2025...the Season is looming! by bmc02
[Today at 05:15:54 AM]


It's Starting by BA Mongor
[Today at 04:19:24 AM]


Ten Years, and still plugging along by Dave Workman
[Today at 03:58:36 AM]


Bass Pro Strikes Again by Rat44
[Today at 02:59:17 AM]


Looking for a hunting partner by vincepnw
[Yesterday at 10:51:51 PM]


AUCTION: Custom knife by Alden Cole by b0bbyg
[Yesterday at 10:12:34 PM]


Cougar Tips by hunter399
[Yesterday at 09:00:44 PM]


Still no bears by Jellymon
[Yesterday at 08:46:50 PM]


Lund Fisherman 1800 info/advice by lewy
[Yesterday at 08:43:58 PM]


High buck hunt by bmc02
[Yesterday at 06:07:22 PM]


Bear Meat Care after the shot by jrebel
[Yesterday at 03:24:19 PM]


More Kings! by trophyhunt
[Yesterday at 01:35:26 PM]


Montana Antelope Draw by bustedoldman
[Yesterday at 11:11:02 AM]


WSTA 2025 Summer Rendezvous Agenda by Humptulips
[Yesterday at 10:54:35 AM]


HUNTNNW 2025 trail cam thread and photos by kodiak06
[Yesterday at 10:34:16 AM]

SimplePortal 2.3.7 © 2008-2025, SimplePortal