What is the current state of the law when it comes to strict scrutiny and intermediate scrutiny?

MultiRegion, United States of America

The following excerpt is from Renna v. Becerra, Case No.: 20-cv-2190-DMS-DEB (S.D. Cal. 2021):

"Which level of scrutiny to apply depends on 'how close the law comes to the core of the Second Amendment right' and 'the severity of the law's burden on the right.' " Pena, 898 F.3d at 977 (quoting United States v. Chovan, 735 F.3d 1127, 1138 (9th Cir. 2013)). Strict scrutiny is applied if the law "implicates the core of the Second Amendment right and severely burdens that right." Id. (citation omitted). Intermediate scrutiny is appropriate if the law "does not implicate the core Second Amendment right or does not place a substantial burden on that right." Id. (citation omitted).

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