California, United States of America
The following excerpt is from People v. Bingham, A150577 (Cal. App. 2018):
Furthermore, we reject Bingham's argument the right to bear arms under the Second Amendment necessitates a strict scrutiny analysis. The Second Amendment permits " 'presumptively lawful regulatory measures' . . . , including 'longstanding prohibitions on the possession of firearms by felons' " and logically also allows such prohibitions to extend to the possession of firearms by certain misdemeanants. (People v. Flores (2008) 169 Cal.App.4th 568, 574-575, quoting District of Columbia v. Heller (2008) 554 U.S. 570, 626-627, & fn. 26.) "Heller intended by this language to put
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certain recognized prohibitions outside the ambit of the Second Amendment right it had delineated." (People v. Delacy, supra, 192 Cal.App.4th at p. 1491.) Thus, Bingham cannot claim interference with a " 'fundamental' right that would invoke elevated scrutiny under the equal protection clause." (Id. at p. 1495 [rational basis test applicable].)
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