Quote:
Originally Posted by jdc1244
The problem with this is that although the Heller Court failed to designate the appropriate level of judicial review with regard to firearm regulatory measures, it clearly did not intend for strict scrutiny to be used.
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Per Heller, therefore, it’s perfectly reasonable to infer that intermediate scrutiny is the appropriate level of judicial review concerning firearm regulatory measures, where the lower courts have been correct to use intermediate scrutiny, consistent with Heller.
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There are a great many attorneys who do not agree that
Heller says, or even implies, that strict scrutiny is not the appropriate standard for 2A cases. In fact, I think you are the first I've encountered to propose such.