Fundamental is not the same as strict scrutiny.McDonald describes gun rights as "fundamental". Given that gun rights have been so described and that they are protected by the Constitution, there's no real way to argue that strict scrutiny does not apply.Please explain how voting trumps gun rights as I am sure that they are clearly spelled out in the same document without distinction over which right is 'better' or more 'fundamental' than the other. IMHO, rights do not have tiers that make some more fundamental than others. A right is a right, period.
THis is not correct. The Supremes have given some rights the standard of "strict scruitiny," meaning that every law is considered invalid unless the state can show a compelling interest. Gun rights do not fall into that category. At least not yet.
Note that Heller struck down a gun ban w/o any reference to any level of scrutiny.
This is a stupidity perpetuated on gun message boards by people who dont know anything.