B Knotts: “If the Court decides that strict scrutiny is required, anything that imposes an “undue burden” would be unconstitional.”
Does strict scrutiny apply to other rights in the Bill of Rights? If so, why would the right to arms be any different? Again, I know the court can make it up as they go, but I just don’t see how a constitutionally protected right can be restricted beyond strict scrutiny. Placing all sorts of restrictions on gun ownership is not similar to allowable limits on free speech, i.e. “shouting fire in a crowded theater.”
In my opinion, you’re right. But, like you said, who knows what the courts will do.
CurlyDave points out correctly that Heller has not yet been incorporated nationwide, and that would need to happen first.