Bar Exam — MBE (Multistate Bar Exam)Constitutional LawEasy
A state legislature passes a law that prohibits individuals under the age of 21 from purchasing or possessing handguns. A 19-year-old resident, who is a responsible gun owner and wishes to purchase a handgun for self-defense, challenges the law, arguing it violates his Second Amendment rights. Which standard of review will a court most likely apply to this law?
- AIntermediate scrutiny, because the law affects a significant, but not absolute, right.
- BRational basis review with 'bite,' due to the importance of the Second Amendment.
- CRational basis review, because age classifications are generally not suspect.
- DStrict scrutiny, because the law infringes upon a fundamental right.
Show answer & explanationAnswer & explanation
Correct answer: A. Intermediate scrutiny, because the law affects a significant, but not absolute, right.
The Supreme Court has indicated that regulations impacting the Second Amendment rights of law-abiding citizens are subject to intermediate scrutiny, requiring a close fit between the regulation and a significant government interest.
Why the other options are wrong
- B. While some courts have applied a form of heightened scrutiny, typical 'rational basis with bite' is not the established standard for Second Amendment cases.
- C. Rational basis is too low a standard for a right explicitly enumerated in the Bill of Rights.
- D. The Second Amendment is not typically subject to strict scrutiny in the same way as other fundamental rights outside the home context.
Second Amendment Standard of Review
The judicial standard used to evaluate laws that restrict the right to keep and bear arms. Generally, intermediate scrutiny is applied, but the specific application can vary.
- District of Columbia v. Heller affirmed individual right to bear arms for self-defense in home.
- McDonald v. City of Chicago incorporated Second Amendment to states.
- Most courts apply intermediate scrutiny to regulations outside the home or for specific populations.
Memory trick: Guns need 'Intermediate' checks, not too strict, not too loose.