The 2nd Circuit’s second-class Second Amendment intermediate scrutiny

| October 26, 2015

The 2nd Circuit’s second-class Second Amendment intermediate scrutiny

Today, I will examine the 2nd Circuit’s creation of a second-class version of intermediate scrutiny for the Second Amendment.In particular, the 2nd Circuit deviated from normal intermediate scrutiny in two major ways: First, the 2nd Circuit did not consider less restrictive alternatives. While normal intermediate scrutiny does not require the “least” restrictive alternative, it does require consideration of alternatives that burden substantially less of the right.

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Originally posted at http://www.nraila.org/

Category: National Firearm News

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