Assault Weapon Bans: Can They Survive Rational Basis Scrutiny?

University of Akron ConLawNOW, Forthcoming

24 Pages Posted: 21 Apr 2016 Last revised: 18 Aug 2016

Date Written: April 13, 2016

Abstract

In the last two decades, legislatures and courts have been increasingly willing to argue that a certain class of firearms termed “assault weapons” are not protected by the Second Amendment, and may be regulated or banned even though functionally identical firearms are not generally subject to such laws. Do such underinclusive bans survive even the lowest level of scrutiny: rational basis?

Suggested Citation

Cramer, Clayton E., Assault Weapon Bans: Can They Survive Rational Basis Scrutiny? (April 13, 2016). University of Akron ConLawNOW, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2764549 or http://dx.doi.org/10.2139/ssrn.2764549

Clayton E. Cramer (Contact Author)

College of Western Idaho ( email )

5500 East Opportunity Drive
Nampa, ID 83687
United States

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