The case, U.S. v. Skoien, addresses the standard of review to be applied when laws are challenged under the Second Amendment.  The NRA argued in its amicus brief that the highest standard, “strict scrutiny” test should apply.  Under strict scrutiny, to be constituional, a gun-control law must address a compelling governmental interest, and any legislation enacted to address that interest must be narrowly tailored so as not to unnecessarily infringe on the right to keeps and bear arms.

The Skoien case challenges the constitutionality of the 1996 "Lautenberg Amendment" as an unconstitutional infringement of the Second Amendment right to keep and bear arms.  The Lautenberg Amendment prohibits anyone convicted of a “misdemeanor crime of domestic violence” from possessing firearms for life.  Thousands of good people, including police and soldiers, have been deprived of their fundamental rights under this law; despite leading exemplary lives.

This entry was posted on Saturday, June 5th, 2010 at 7:16 am and is filed under Cal Gun Lawyers, Editorial. You can follow any responses to this entry through the RSS 2.0 feed.
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