Videos tagged with Adjudicatory Facts

This video analyzes a Second Circuit Court of Appeals decision that ruled stun guns are not 'arms' under the Second Amendment, contradicting Supreme Court precedent in Kitano v. Massachusetts. The speaker, identified as a constitutional attorney and Supreme Court Bar member, argues the court improperly shifted the burden of proof to plaintiffs and misapplied the Bruen methodology by treating legislative facts as adjudicatory facts. The decision is seen as an attempt to circumvent established Second Amendment jurisprudence and is expected to be challenged at the Supreme Court.

This video analyzes a legal brief filed by Cook County, Illinois, in opposition to a motion for summary judgment in the case of Veramontes v. County of Cook, which challenges the county's assault weapon ban. The speaker, Mark Smith, a constitutional attorney, argues that Cook County's brief is weak and relies on flawed legal interpretations. He dissects arguments concerning the 'common use' test, the definition of 'arms' under the Second Amendment, and the distinction between adjudicatory and legislative facts in legal proceedings.