Louisiana Private Investigator Licensing Practice Exam

What scrutiny level must any restriction on the right to bear arms in Louisiana meet?

1. A. Rational basis

2. B. Intermediate scrutiny

3. C. Strict scrutiny

4. D. Minimal scrutiny

The correct answer is: C. Strict scrutiny

The correct answer is that any restriction on the right to bear arms in Louisiana must meet strict scrutiny. This is because the right to bear arms is considered a fundamental right under both the Louisiana Constitution and the Second Amendment to the U.S. Constitution. Strict scrutiny is the highest level of judicial review utilized by courts when evaluating laws that implicate fundamental rights. Under this standard, any law that restricts the right to bear arms must serve a compelling state interest and must be narrowly tailored to achieve that interest. This means that the government must demonstrate that the restriction is necessary to achieve its objective and that there are no less restrictive alternatives available. In contrast, lower levels of scrutiny, such as rational basis or intermediate scrutiny, do not apply as they are suited for less fundamental rights or public interests. Rational basis requires only a legitimate government interest and a reasonable relationship to that interest, while intermediate scrutiny requires that the restriction serves an important government interest and is substantially related to that interest. However, because the right to bear arms is protected under strict scrutiny, any restrictions must satisfy the more rigorous benchmark that this standard entails.