Kolbe Vs. Hogan: Will The Correct Standard Of Review in a 2A Case Please Stand Up!

By Ammoland

By Roger J. Katz, Attorney at Law and Stephen L. D’Andrilli ~ Part 3

New York, NY -(Ammoland.com)- The U.S. Supreme Court, in the case, District of Columbia vs. Heller, 554 U.S. 570, 128 S. Ct. 2783 (2008), wrestled with the legal test to be applied when determining if a law, impacting the Second Amendment, would pass Constitutional muster.

The U.S. Supreme Court has, through time, in its great body of case law, developed three salient standards of review, or tests, one of the three which a court of competent jurisdiction must apply when testing the constitutionality of government action.

But which test a court must apply to test the constitutionality of a particular government action depends on the nature and importance of the right protected, the extent to which a government—local, State, or federal—infringes that right, and the class of persons impacted by that governmental action.

Apart from the high Court’s three seminal holdings on the Second Amendment in Heller, the Heller case is notable for explicating problems associated with any of the standard tests previously employed—and …Read the Rest

Source:: AmmoLand