Videos tagged with 42 USC 1983

This video critically examines the FBI's August 2022 search of Mar-a-Lago, alleging it was an illegal warrant based on a misapplication of the Presidential Records Act. Speaker Jared Yanis, drawing on his background, argues that the FBI's actions may have violated constitutional standards and discusses potential legal recourse under 42 USC 1983, contrasting it with the fatal raid on Bryan Malinowski.

The Department of Justice's Second Amendment Rights Section has filed its first lawsuit against the US Virgin Islands, alleging systemic violations of the right to keep and bear arms. The DOJ contends that the territory's laws effectively nullify the Second Amendment by imposing felony charges for possession without permission, requiring proof of 'good moral character' and a 'proper reason' for carrying, and mandating warrantless home inspections and gun safes. This action, utilizing federal civil rights statutes, sets a significant precedent for challenging restrictive gun laws in other jurisdictions.

This video details a federal lawsuit filed by the Second Amendment Foundation on behalf of Elcid Aliaga against the Fort Lee Police Department and Bergen County Prosecutor's Office. The lawsuit alleges unconstitutional firearm confiscation and revocation proceedings based on a misunderstanding involving Aliaga's wife, despite her being medically cleared and Aliaga having no criminal record. The case highlights concerns about government overreach and the potential for weaponizing association to infringe upon Second Amendment rights.

This video discusses the Second Circuit Court of Appeals ruling in Kellogg v. Nichols, which grants CCW officials immunity from Second Amendment lawsuits. The host, Mark Smith, a constitutional attorney, argues this decision is flawed because judges acting as licensing officials are performing administrative duties, not judicial ones. He contrasts this with the ability to sue law enforcement officials for similar denials, highlighting an inconsistency in legal recourse for Second Amendment rights violations in New York.

This video details the CRPA's legal challenge against LA County's CCW permitting practices, focusing on delays and unconstitutional application of the Bruin standard. It highlights key court rulings affirming CRPA's associational standing and rejecting LA County's immunity claims, setting precedent for future litigation and pushing for timely permit issuance. The discussion also touches on related settlements with the DOJ and Leverne PD.

This video discusses the lawsuit 'Struck v. Platkin' filed by the Firearms Policy Coalition challenging New Jersey's 'One Gun a Month' (OGM) law. The OGM ban restricts individuals to purchasing only one firearm every 30 days. The lawsuit argues this law infringes upon the Second Amendment right to keep and bear arms, citing Supreme Court precedents like Heller and Bruen, and asserts there is no historical tradition to support such a restriction.

This video discusses the immediate enactment of Washington's House Bill 1240, an assault weapon ban, and two lawsuits filed in response: Guardian Arms v. Inslee in state court and Hartford v. Ferguson in federal court. The lawsuits seek injunctive relief, arguing the ban violates state and federal constitutional rights, with a focus on the Second Amendment and the analysis established in *Bruin*. The video highlights the legal strategies, the importance of injunctions, and ways for viewers to support the legal challenges.

This video discusses the concept of 'Second Amendment reparations' by drawing a parallel between San Francisco's proposed reparations for African Americans and the impact of New York's historical 'May Issue' concealed carry laws. The speaker argues that if reparations are justified for historical injustices, then citizens deprived of their Second Amendment rights by unconstitutional laws should also be compensated. The discussion highlights the legal basis for such claims under 42 USC 1983 and questions the scale of compensation.

This episode of Gun Talk discusses various firearms-related legal and policy issues. Key topics include the New York SAFE Act's restrictions on magazine capacity and its impact on different magazine types, an incident of alleged police misconduct during an open carry stop in Grand Rapids, Michigan, and the legal challenges to California's handgun roster and microstamping requirements. The discussion also touches on ammunition availability for the 300 Blackout caliber, the relationship between gun availability and suicide rates, and the broader implications of gun control legislation on the firearms industry and Second Amendment rights.