Videos tagged with 1791 Interpretation

This video discusses the US Court of Appeals for the Second Circuit's ruling in United States v. Zirka, concerning the constitutionality of 18 USC 922(g)(1) as applied to nonviolent felons. While the court acknowledged that 'the people' in the Second Amendment includes all citizens and that 1791 is the relevant historical period for interpretation, it ultimately upheld the ban on firearm possession for felons. The speaker criticizes the court's reliance on historically odious laws, such as those disarming religious minorities and people of color, as justification, arguing these are not valid historical analogs for disarming nonviolent felons.

This video discusses a significant oral argument before the U.S. Court of Appeals for the 10th Circuit regarding New Mexico Governor Michelle Lujan Grisham's order banning guns in parks and playgrounds. The discussion focuses on the constitutional interpretation of the Second Amendment, particularly concerning 'sensitive places' and the historical basis for gun regulations. The speaker, Mark Smith, a constitutional attorney, analyzes the arguments presented, emphasizing the importance of the 1791 founding era for interpretation over later periods and the burden on the government to prove a historical tradition of firearm regulation.

The Third Circuit Court of Appeals has denied an en banc review in the case of Madison v. Miller, upholding a previous decision that affirmed the Second Amendment rights of 18-20 year olds. This ruling reinforces the interpretation that the relevant historical period for understanding the Second Amendment is 1791, not the late 19th century, as argued by gun control advocates. The court's decision is seen as a significant win for Second Amendment proponents, potentially influencing future legal interpretations across federal circuits.