Videos tagged with 1791 Understanding

Mark Smith, a constitutional attorney, explains the legal framework for Second Amendment cases post-Bruen. He emphasizes that Bruen reaffirmed Heller's 'in common use' test for arms bans, rejecting lower courts' attempts to create new tests based on perceived societal changes. Smith clarifies that magazine bans are effectively firearm bans and that historical analogies must align with the 'how and why' of the regulation, distinguishing fire prevention from gun control.

The US Supreme Court has scheduled oral arguments for November 7, 2023, in the 'United States v. Rahimi' case, which concerns the constitutionality of a federal law prohibiting individuals subject to domestic violence restraining orders from possessing firearms (18 USC 922(g)(8)). The case is significant as the Fifth Circuit previously declared this law unconstitutional. The discussion highlights the legal arguments surrounding the historical understanding of the Second Amendment, the application of the 14th Amendment, and the potential political implications of the Supreme Court's ruling, particularly in relation to domestic violence and gun control debates.