Videos tagged with 18 USC 922

This video breaks down a significant federal lawsuit filed by the Temple Gun Club challenging the Hughes Amendment (18 USC 922), which prohibits ordinary Americans from possessing post-1986 machine guns. The lawsuit argues that Congress lacked Article 1 authority under the Constitution to enact this ban, particularly concerning the Commerce Clause. It also explores potential challenges related to the standing doctrine, drawing parallels to the landmark Heller case.

This video features legal expert Stephen Halbrook discussing the history and legal interpretation of the Hughes Amendment (18 USC 922), which restricted machine gun transfers and possession. Halbrook details his litigation experience challenging ATF regulations and argues that the amendment's enforcement, particularly the interpretation of 'under the authority of,' is inconsistent with statutory language and constitutional principles. The discussion highlights the potential for states like West Virginia and Kentucky to leverage existing legal frameworks to allow for machine gun acquisition and registration.

This video delves into the complexities of the Hughes Amendment (18 USC 922) and its impact on post-1986 machine gun ownership. It argues that the ATF's restrictive interpretation, codified in 27 CFR 479.105, was an overreach and misinterpretation of the statute, particularly in light of the overturned Chevron doctrine. The analysis suggests potential legal avenues for states to allow citizens to acquire these firearms under the 'under the authority of' clause, challenging the ATF's current stance.

This video analyzes recent federal court rulings that challenge machine gun possession laws, citing the Second Amendment and the Supreme Court's Bruin decision. It details the US v. Morgan case, where a judge found machine gun possession charges unconstitutional as applied, and the subsequent appeal to the Tenth Circuit. The analysis highlights the government's arguments and the defense's counter-arguments regarding historical precedent and the plain text of the Second Amendment.

The Fifth Circuit's decision in Reese v. ATF struck down the federal ban on selling handguns and other non-rifle/shotgun firearms to individuals under 21. The court applied the Bruen standard, finding no historical analogues to justify the ban and affirming that 18-to-20-year-olds are protected by the Second Amendment. This ruling challenges existing federal law, though nationwide relief is pending the district court's final order.

This video analyzes the Third Circuit's decision in USA v. Range, which struck down a ban on firearm possession for nonviolent felons. It explains the legal arguments, including the Bruen analysis and the concept of 'the people' in the Second Amendment. The decision creates a circuit split, likely leading to a Supreme Court review.

This video analyzes a US District Court ruling in Ohio concerning an illegal alien's firearm possession. The judge denied a motion to dismiss, citing the defendant's failure to swear allegiance to the United States, a rationale the speaker finds problematic and potentially inconsistent with Second Amendment principles as interpreted by Bruin. The case, US v. Carlos Sano Rrpo, highlights the complex legal landscape surrounding firearm rights for non-citizens.

A federal district court in USA v. Morgan dismissed machine gun possession charges, ruling that restrictions violate the Second Amendment under the Bruin analysis. The court found the government failed to provide sufficient historical evidence to justify the ban on firearms like machine guns and Glock switches. This decision is now under appeal at the 10th Circuit Court of Appeals, with briefs due in November 2024.

This video discusses a legislative initiative in Colorado aimed at allowing recreational marijuana users to obtain concealed carry licenses. It highlights the conflict between state-level cannabis legalization and federal law, which prohibits unlawful users of controlled substances from possessing firearms. The initiative, proposed by 'Guns for Everyone,' seeks to amend Colorado's concealed carry licensing statute to prevent sheriffs from denying permits based on lawful marijuana use.

A federal judge has ruled that the law barring 18-20 year olds from purchasing handguns from Federal Firearms Licensees (FFLs) is unconstitutional. The ruling in Frasier v. ATF, applying the Bruen standard, found no historical basis for such a restriction. This decision establishes a nationwide injunction, protecting the Second Amendment rights of all eligible individuals in this age group, though appeals are expected.

The Supreme Court's Bruin decision has significantly altered the landscape of firearm regulation in the US. Lower courts are now required to assess gun laws based on historical tradition, leading to conflicting rulings and challenges to existing federal and state restrictions. This includes laws concerning domestic violence offenders, felons, individuals under indictment, and the sale of ghost guns.

This video discusses potential changes to firearm regulations under the Biden administration, focusing on the redefinition of what constitutes being 'in the business of selling firearms.' The speaker, identified as Tom Grieve, a criminal defense attorney, explains how expanding this definition could require individuals to obtain a dealer's license and maintain a bound book of transactions, potentially criminalizing occasional sales. The analysis draws from the Gun Control Act of 1968 and relevant statutes, highlighting the administration's strategy to bypass Congress through regulatory interpretation.