February 2, 2014

EUGENE VOLOKH: Louisiana restriction on handgun possession by under-16-year-olds passes “strict scrutiny.”

An unsurprising, and likely correct, result, but it leaves much unanswered for future cases. Here’s one particular question: Louisiana law also generally forbids concealed carry in public by 18-to-20-year-olds, because concealed carry licenses are available only to people age 21 and above. Would this be constitutional, too, on the theory that even 18-to-20-year-olds “exhibit a sometimes transient lack of maturity, impetuosity, suggestibility and vulnerability”? Or would the rule be different for people who today, and for the last 40 years, have been viewed as full-fledged adults?

We’ll see.