Videos tagged with Due Process Clause

This video provides an expert-level legal analysis of how recent Supreme Court decisions, particularly *Ramos v. Louisiana* and its reaffirmation in *Edwards v. Vannoy*, could impact firearm permitting laws nationwide. The speaker, demonstrating deep legal expertise, explains the incorporation of the Sixth Amendment's unanimous jury requirement to states via the Fourteenth Amendment's Due Process Clause. This precedent is then directly linked to the *Bruen* decision's incorporation of the Second Amendment through the same mechanism. The core argument posits that 'may issue' or 'good cause' permitting schemes, which rely on subjective government discretion, are now vulnerable to legal challenges. Such schemes are argued to violate the Due Process Clause by denying a fundamental right without objective criteria, potentially leading to the dismantling of these discretionary systems in states like California, New York, and New Jersey.

This video analyzes a tragic murder-suicide involving a woman who had obtained orders of protection against her estranged husband. Instructor Mike discusses the limitations of legal protections like orders of protection in preventing violence, highlighting the case of Town of Castle Rock v. Gonzalez, which established that law enforcement does not have a constitutional duty to protect individuals from private violence. The video also touches upon criminological theories like Routine Activities Theory and Victim Precipitation to explain the dynamics of crime.

A federal judge in Oregon has ruled Measure 114, imposing significant gun control measures, constitutional. The ruling states that large capacity magazines (over 10 rounds) are not protected by the Second Amendment as they are not commonly used for self-defense. Additionally, the court found the permit-to-purchase regime to be a valid exercise of government police power, consistent with historical regulations and due process. This decision is expected to be appealed to higher courts.

This video discusses the Second Amendment Foundation's lawsuit against the ATF and DOJ concerning the pistol brace rule. The lawsuit challenges the rule as unconstitutional and a violation of the Administrative Procedure Act, arguing the Biden Administration has overstepped its authority by redefining firearm classifications to circumvent Congress. The speaker, with an authoritative and experienced tone, highlights the legal arguments and the potential impact on firearm owners.

This video provides an update on two significant Second Amendment lawsuits. The first concerns the Gun Owners of America lawsuit against New York's Concealed Carry Improvement Act (CCIA), which has been ruled unconstitutional multiple times but is facing a stay from the Second Circuit U.S. Court of Appeals. The second lawsuit, filed in Oregon, challenges Measure 114, which imposes a permit-to-purchase scheme and a ban on magazines holding more than 10 rounds. The Oregon Firearms Federation and Sherman County Sheriff Brad Lowry are suing Governor Kate Brown and the State Attorney General, arguing Measure 114 is unconstitutional and violates several provisions of the U.S. and Oregon Constitutions.

The Ninth Circuit Court of Appeals has upheld California's ban on magazines holding more than 10 rounds in the Miller v. Bonta case. This ruling affirms the ban's permissibility under the Second Amendment, the Takings Clause, and the Due Process Clause. The decision is expected to be appealed to the Supreme Court, especially given the ongoing review of similar Second Amendment cases.