A state legislature passes a law that prohibits individuals under the age of 25 from purchasing or possessing handguns. The state argues that this law is necessary to reduce gun violence, citing statistics that show individuals under 25 are disproportionately involved in violent crimes. A 23-year-old challenges the law, asserting a violation of the Second Amendment. What standard of review should the court apply?
- AStrict scrutiny, because the law infringes upon a fundamental right.
- BIntermediate scrutiny, because the law affects a significant constitutional right.
- CUndue burden standard, because the law restricts a fundamental right without entirely prohibiting it.
- DRational basis review, because age is not a suspect classification.
Show answer & explanationAnswer & explanation
Correct answer: B. Intermediate scrutiny, because the law affects a significant constitutional right.
While the Supreme Court has affirmed the individual right to bear arms under the Second Amendment, it has not yet settled on a definitive standard of review for all Second Amendment challenges. However, lower courts and scholarly consensus often apply intermediate scrutiny when regulations do not completely prohibit firearm possession but impose restrictions based on characteristics like age, which are not suspect classifications. Strict scrutiny is generally reserved for core prohibitions, and rational basis is too deferential for a recognized constitutional right.
Why the other options are wrong
- A. Strict scrutiny is usually applied to laws that infringe on a fundamental right AND involve a suspect classification or burden a core right completely, which this age restriction does not.
- C. The 'undue burden' standard is primarily associated with abortion rights under the Fourteenth Amendment, not the Second Amendment.
- D. Rational basis is generally too low a standard for a recognized constitutional right.
Second Amendment Standard of Review
The level of judicial scrutiny applied to laws regulating the right to bear arms, typically intermediate scrutiny for most restrictions.
- No definitive Supreme Court standard, but intermediate scrutiny is common.
- Strict scrutiny for core prohibitions or highly restrictive laws.
- Rational basis is generally considered too deferential.
Memory trick: Guns need 'Intermediate' thought, not just a 'Rational' glance.