Videos tagged with Brewan Decision

The Department of Justice has filed a lawsuit against the Los Angeles County Sheriff's Department for systematically denying concealed carry permits through extreme delays. This action, led by Assistant Attorney General Harit Dylan, cites the 'right delayed is a right denied' principle, highlighting an approval rate of 0.05% and average wait times exceeding 9 months to initiate the process. The lawsuit aims to force compliance with the Second Amendment and state law, potentially setting a national precedent.

This video analyzes a Supreme Court decision regarding New York's firearm permit laws, specifically the "good moral character" requirement for rifles and shotguns. The court denied an emergency application to lift a stay, allowing the Second Circuit to dismiss the case as moot because the plaintiff eventually received a permit. This procedural maneuver prevents a merits-based ruling on whether discretionary licensing schemes violate the Second Amendment, as established in the Brewan decision. The analysis highlights the potential for such tactics to shield laws from constitutional review, leaving gun owners in legal uncertainty.

This video discusses a significant legal challenge to the federal machine gun ban, specifically targeting 18 USC 922(o) enacted by the Hughes Amendment in 1986. Three major Second Amendment organizations, Firearms Policy Coalition, Firearms Policy Coalition Action Foundation, and the NRA ILA, have filed an amicus brief with the Fifth Circuit Court of Appeals in the case United States v. Justin Bryce Brown. The argument centers on the ban being incompatible with the Second Amendment's original public meaning, citing the Brewan decision's requirement for historical tradition in firearm regulation.

This video details a significant policy shift by the ATF, moving away from a 'zero tolerance' approach to FFL violations. The new Administrative Order 5370.1H emphasizes assessing violations individually, considering intent and repetition, rather than revoking licenses for single clerical errors. While a victory for gun dealers, the policy retains ATF discretion and is subject to future administrative changes. The content highlights the impact of public pressure, lawsuits, and congressional action on ATF enforcement practices.

A federal appellate court is weighing the Second Amendment rights of non-citizens unlawfully present in the U.S. The Department of Justice argues these individuals do not possess such rights, citing historical precedents. The defense contends that a federal statute prohibiting firearm possession by these individuals is an absolute ban, infringing on Second Amendment protections, especially in light of recent Supreme Court rulings emphasizing individual gun rights.