Bauer v. Becerra (9th Cir. 2017) upheld California's allocation of $5 of the $19 Dealer Record of Sale fee to the Armed Prohibited Persons System, which looks for people who legally purchased a firearm, but have since ended up in a firearms prohibition category. The 9th Circuit agreed that the Second Amendment protected an individual right, but applied intermediate scrutiny. The purpose was tied to a legitimate governmental interest (public safety) and the portion of the DROS fee allocated was not a burden on buyers of firearms.
No question that the interest is a legitimate government concern and unless are buying a $20 gun (tell me when you see one), it is hard to see the $5 as much of a burden. The real flaw is that the various standards of scrutiny are largely made up by 1960s judges as a way of striking down laws they did not like (strict scrutiny), while upholding laws they like (rational basis, intermediate scrutiny).
Conservative. Idaho. Software engineer. Historian. Trying to prevent Idiocracy from becoming a documentary.
Email complaints/requests about copyright infringement to clayton @ claytoncramer.com. Reminder: the last copyright troll that bothered me went bankrupt.
Saturday, June 3, 2017
Where Intermediate Scrutiny Takes You
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