In a state that prohibits possession of snipe traps within its borders, a snipe trapper is caught in a park in Midland. Which level of scrutiny applies to the prohibition on possession of snipe traps?

In a state that prohibits possession of snipe traps within its borders, a snipe trapper is caught in a park in Midland. Which level of scrutiny applies to the prohibition on possession of snipe traps?

• A. Strict scrutiny
• B. Rational basis
• C. Intermediate scrutiny
• D. High scrutiny

Answer: (B)

When evaluating a state ban on possession of snipe traps, the key is whether a fundamental right or a protected class is involved. This prohibition does not implicate a fundamental right like voting or travel, and it does not target a protected class. So it falls under rational basis review: the law is sustained as long as it is rationally related to a legitimate government interest, such as wildlife protection or public safety. The government need only show a conceivable connection to a legitimate purpose, and the burden on challengers is high to prove there is no imaginable rational basis. Higher levels of scrutiny would apply only if a fundamental right or suspect class were affected.

When evaluating a state ban on possession of snipe traps, the key is whether a fundamental right or a protected class is involved. This prohibition does not implicate a fundamental right like voting or travel, and it does not target a protected class. So it falls under rational basis review: the law is sustained as long as it is rationally related to a legitimate government interest, such as wildlife protection or public safety. The government need only show a conceivable connection to a legitimate purpose, and the burden on challengers is high to prove there is no imaginable rational basis. Higher levels of scrutiny would apply only if a fundamental right or suspect class were affected.