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To: mvpel
1. All State government action regulating the right of law-abiding persons to acquire and possess arms for the defense of self, family and home, shall be subject to strict scrutiny, in the same respect as the freedoms of speech and of the press.

This is too vauge and open to abuse. What does "strict scrutiny" mean, the DA read it twice before going to bed?

25 posted on 05/05/2002 12:57:04 PM PDT by RJL
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To: RJL
The term "strict scrutiny" has a precise legal meaning. Here's a definition from the 'Lectric Law Library's Legal Lexicon touching on the First Amendment:

In order to satisfy strict scrutiny, a law must be neither vague nor substantially over- or underinclusive. (See Schad v. Mount Ephraim (1981) 452 U.S. 61, 71-74 [68 L.Ed.2d 671, 682-684]; City of Indio v. Arroyo (1983) 143 Cal.App.3d 151, 157.) It must further an overriding state interest yet be drawn with narrow specificity to avoid any unnecessary intrusion on First Amendment rights. (McIntyre v. Ohio Elections Com., supra, 514 U.S. [131 L.Ed.2d at p. 440]; H-CHH Associates v. Citizens for Representative Government (1987) 193 Cal.App.3d 1193, 1207.)

27 posted on 05/05/2002 1:50:43 PM PDT by mvpel
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