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
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?
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