Videos tagged with 10th Circuit Court of Appeals

The 10th Circuit Court of Appeals has struck down New Mexico's 7-day firearm waiting period, ruling it unconstitutional. This decision, based on the Bruen and Rahimi historical tradition tests, finds no historical precedent for such waiting periods. The ruling has national implications for similar laws in other states and reinforces that Second Amendment rights are not 'second-class rights'.

This expert-level analysis from Armed Scholar details how federal machine gun possession laws are being challenged and struck down in federal courts, citing the Second Amendment and the Supreme Court's Bruen decision. The video explains the reasoning in US v. Morgan and US v. Brown, where courts found machine guns and conversion devices to be 'bearable arms' protected by the Second Amendment. The government's failure to provide sufficient historical analogs to justify these restrictions is highlighted, with the Morgan case now on appeal to the 10th Circuit.

This video details a novel legal strategy to defend Second Amendment rights, leveraging the 'Free the Nipple' First Amendment case as precedent. Constitutional attorney Mark W. Smith explains how this approach aims to persuade left-leaning judges by drawing parallels between protected speech rights and fundamental gun rights, particularly in the context of a New Mexico lawsuit challenging Governor Grisham's executive order. The strategy emphasizes the 'a fortiori' principle and the burden placed on the government under the Bruen decision to justify gun control measures with historical analogs.

This video from Guns & Gadgets details a significant legal challenge to the National Firearms Act (NFA) originating in Kansas. It covers the case of Shane Cox and Jeremy Kettler, who operated under the belief that Kansas's Second Amendment Protection Act superseded federal NFA regulations for intrastate silencer sales. The 10th Circuit Court of Appeals has ruled federal law takes precedence, setting the stage for potential Supreme Court review.