“..the county’s permit system helps satisfy its legitimate goal of promoting public safety and reducing the rate of gun crime.”
They should have to prove that. Of course they can’t.
They should have to prove that. Of course they can’t.
Yes, they do have to prove it. Why? Because the Supreme Court over the years has set two, sometimes three standards for analyzing government regulation under the due process clause and equal protection clause of the United States Constitution. Most laws and regulations that do not concern a fundamental right are constitutional if rationally related to some legitimate governmental interest, even if the interest was not actually articulated or even considered by the legislative body. The fact that the law or regulation is less than perfect and does not actually achieve the intended goal, or the goal could have been achieved by means that are less restrictive or less burdensome, is irrelevant.
In contrast, laws and regulations that concern a fundamental right under the Constitution, such as political speech, assembly, the press, and religion, or classifications based upon race, ethnicity, national origin, religion, and to a lesser extent, gender, must be narrowly tailored to achieve a compelling state interest that cannot be achieved by less restrictive means. In other words, there must be a real and provable connection between the compelling governmental interest or goal and the means for achieving that interest or goal, and even then, the means must go no further than what is necessary to achieve that goal or interest.
Now that the SCOTUS has declared that the right to bear arms is a fundamental individual right, laws and regulations that infringe upon that right must be narrowly tailored to actually achieve a compelling governmental interest that cannot be achieved by less restrictive means.
Thus, in the San Diego case, the government must actually prove that the law prohibiting CCW permits to all, but a select few will actually reduce gun crime and that the reduction of gun crime can not be achieved by less restrictive means.