identification information have been deemed to be reasonable due to the compelling state interest
of protecting the public.217
In addition to purchasing a gun, there are similar instances in which verification of age
and identity are necessary for the protection of the individual and others. For example, with the
enactment of the Combat Methamphetamine Epidemic Act of 2005, individuals who wish to
purchase more than a certain amount of pseudoephedrine (most commonly found in, and known
as Sudafed) must present a government issued identification card or other document that
comports with the E-Verify I- 9 form requirements218 and sign a written logbook.219 Furthermore,
even where there is a stigma associated with information, such as an individual having a sexually
transmitted disease or HIV, most state laws require the collecting and sharing of this information
in the interest of public health.220 There are also disclosure and age-verification requirements for
one who patronizes adult entertainment venues such as strip clubs.221 Certain states already
mandate that adult entertainment -locales require patrons to present proof of age either by
electronic verification or an established alternative method.222 In short, state and federal law
recognize the need for user identification in order to protect a strong public interest even where
the user might prefer anonymity or be uncomfortable with the stigma associated with the activity.
3. Possible Constitutional Challenges to IPACT
As the following subsections will demonstrate, IPACT survives constitutional scrutiny.
The proposed amendment does not run afoul of First Amendment free speech concerns because it
is commercial speech that is content neutral, regulates time, place, and manner, advances a
217 In order to purchase a firearm, the buyer must fill out a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473
and present photo identification. U.S. DEP’T OF JUST., FIREARMS TRANSACTION RECORD PART I – OVER-THE-COUNTER (2012),
available at http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf (last updated Apr. 2012). The ATF form, “which collects the
subject’s name and descriptive data (e.g., date of birth, sex, race, state of residence, country of citizenship), also elicits information
that may immediately indicate to [a Federal Firearms Licensee] the subject is a prohibited person.” U.S. DEP’T OF JUST. & FED.
BUREAU OF INVEST., NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) OPERATIONS1 (2011),
http://www.fbi.gov/about-us/cjis/nics/reports/2011-operations-report/operations-report-2011. The information on ATF Form 4473 is
then used to run a background check through the National Instant Criminal Background Check System (“NICS”). Id. This system
checks the purchaser’s information against numerous secure databases to verify eligibility to purchase the firearm. Id. Databases
include: Interstate Identification Index (III), National Crime Information Center (“NCIC”), NICS Index, and Department of Homeland
Security's U.S. Immigration and Customs Enforcement (“ICE”). Id.
218 Those documents conforming to 8 C.F.R. § 274a. 2(b)( 1)(v)(A)-(B) (2013).
219 The logbook is maintained for a minimum of two years, and the individual must enter his or her name, address, and the date and
time of sale. 21 U.S.C.A. § 830(e)( 1)(A)(iv) (West 2013).
220 See Kimberly A. Workowski & Stuart M. Berman, Sexually Transmitted Diseases Treatment Guidelines, 2006, in 55 MORBIDITY &
MORTALITY WEEKLY REP. 332 (2006), available at http://www.cdc.gov/MMWr/preview/mmwrhtml/rr5511a1.htm (explaining the
requirements for reporting other STDs differ by state, and clinicians should be familiar with state and local reporting requirements.
“Reporting can be provider- and/or laboratory-based. Clinicians who are unsure of state and local reporting requirements should seek
advice from state or local health departments or STD programs. STD and HIV reports are kept strictly confidential”); see also HIV
Disclosure Policies and Procedures, AIDS.GOV (Jun. 1, 2012), http://aids.gov/hiv-aids-basics/just-diagnosed-with-hiv-aids/your-
legal-rights/legal-disclosure/ (“If your HIV test is positive, the clinic or other testing site will report the results to your state health
department. They do this so that public health officials can monitor what’s happening with the HIV epidemic in your city and state . . .
. Many states and some cities have partner-notification laws—meaning that, if you test positive for HIV, you (or your healthcare
provider) may be legally obligated to tell your sex or needle-sharing partner(s).”).
221 Strip clubs are also associated with a potential stigma, especially considering that walking into a strip club affords far less privacy
than using the Internet in the privacy of one’s own home to purchase commercial sex. See e.g., Eli Bildner & June Torbati, The Naked
Truth: Inside Catwalk Club, YALE DAILY NEWS (Apr. 10, 2007), http://yaledailynews.com/blog/2007/04/10/the-naked-truth-inside-
catwalk-club/; Daniel Person, Gallatin Gateway Strip Club Owners Try to Duck Stigmas Unique to Their Business, BOZEMAN DAILY
CHRON. (Nov. 19, 2009), http://www.bozemandailychronicle.com/news/article_a6810772-cc90-56da-acff-
222 See UTAH CODE ANN. § 32B-1-407 (West 2013) (requiring dining and social club licensees to verify proof of age of persons who
appear to be thirty-five years of age or younger either by an electronic age verification device or an acceptable alternate process
established by commission rule); UTAH ADMIN. CODE r.81-5-18 (2013) (identifying further age verification at dining and social