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Old October 31, 2012, 12:29 PM   #5
Brian Pfleuger
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Join Date: June 25, 2008
Location: Western Colorado, finally.
Posts: 19,118
I think it goes even beyond that, Aarond.

The requirements of Strict Scrutiny would apply to the state levels laws. I'm no lawyer, but to my understanding the very act of expressly applying Strict Scrutiny to firearms laws very nearly makes a Protected Class out of guns owners.

Strict Scrutiny gives the government the burden of proof. The necessity of the law. Any law is essentially PRESUMED to be invalid until proven otherwise. The government has to prove a compelling public interest.

Even if the government proves the necessity of the law, it is still essentially considered a burden on a fundamental right and the law must be tailored so as to be as absolutely narrow as possible, to limit the burden to the least possible level necessary to accomplish the compelling interest.

Scrict Scrutiny is not applied to any "normal" laws. It is reserved to issues of fundamental rights and protected classes. It puts the RKBA on the same level as the right to vote, free press and religion.
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