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 against the Second Amendment in a case concerning their "assault weapon" ban. Host Mark Smith, a constitutional attorney, argues that Cook County's brief is weak, focusing on their misinterpretation of the 'common use' test, the definition of 'arms' as per Heller, and the distinction between adjudicatory and legislative facts in legal challenges. The analysis highlights how the county's arguments contradict Supreme Court precedent and historical legal standards.