A federal statute prohibits federally licensed firearms dealers from selling handguns to persons under age of 21 . An organization advocating for gun ownership and individual gun owners brings an action against the Bureau of Alcohol, Firearms, Tobacco, and Explosives arguing that the statute violates the Second and Fifth Amendments. Discuss which equal protection review standard the court would
apply.
What will be an ideal response?
The court would apply the rational basis test. Unlike race-or gender-based classifications, which require a tighter fit between the discriminatory means and the legitimate ends they serve, the government may discriminate on the basis of age without offending the constitutional guarantee of equal protection if the age classification in question is rationally related to a legitimate state interest. See NRA v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 700 F.3d 185 (5th Cir. 2012).
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