Videos tagged with Intermediate Scrutiny

A September court ruling has significantly redefined gun rights by establishing 10 new rules for federal agencies and states. The decision mandates strict scrutiny for all Second Amendment cases, requiring government restrictions to align with historical text, history, and tradition. Key changes include reinforced interstate travel protections, privacy safeguards against government surveillance, new rules for ammunition sales and FFL compliance, and a mandate for shall-issue carry permits within 30 days. The ruling also limits the scope of red flag laws and strips qualified immunity from officers who knowingly violate Second Amendment rights.

The Ninth Circuit, in Duncan v. Bont, has again upheld California's magazine ban. Initially, the court applied intermediate scrutiny, finding the ban a minimal burden on Second Amendment rights. However, on rehearing, the court declared that large capacity magazines are accessories, not 'arms,' thus falling outside the Second Amendment's text. This ruling represents a departure from their previous stance and relies on a 'nuanced approach' that equates historical gun laws with modern magazine bans.

This video details the legal challenges against Maryland's assault weapons ban, focusing on the case of Snope v. Brown. It explains how the Supreme Court's Bruin decision has impacted Second Amendment jurisprudence, rejecting intermediate scrutiny in favor of a text and history test. Gun Owners of America (GOA) has actively supported these legal efforts, filing amicus briefs to advocate for the protection of firearms in common use.

This video analyzes Supreme Court Justice Samuel Alito's speech on the importance of the First Amendment and its potential implications for Second Amendment rights. It argues that the "tiers of scrutiny" legal methodology, commonly used in First Amendment cases, is a dangerous tool that allows courts to balance away individual rights in favor of government interests. The speaker contends that anti-gun advocates aim to apply this same methodology to Second Amendment cases, which could erode gun rights. The video highlights a perceived shift in how liberal judges and law students view free speech, suggesting future interpretations may be less protective of individual liberties.

The video discusses the appointment of a three-judge panel for the Ninth Circuit Court of Appeals' review of 'sensitive places' gun laws in the Reno May, Wolford, and Carolo cases. The speaker, a constitutional attorney, expresses significant concern over the panel's composition, citing past rulings and statements by Judges Schroeder, Graber, and Sun that are perceived as unfavorable to Second Amendment rights. The analysis suggests a high likelihood of losing most aspects of the case, with a slim possibility of prevailing on the 'no carry default' issue.

This video explains how the Ninth Circuit Court of Appeals has vacated its previous ruling in Mitchell v. Adkins, a key challenge to Washington's Initiative 1639. The court is remanding the case for reconsideration based on the new legal standard established in NYSRPA v. Bruen, which rejects intermediate scrutiny for Second Amendment cases. This effectively reopens challenges to I-1639's restrictions on semi-automatic rifle purchases for 18-20 year olds and out-of-state buyers.

This video discusses a significant Supreme Court ruling that sides with the Second Amendment, specifically concerning gun bans for individuals under indictment. The case, Moran v. Liva, highlights the complexities of gun laws across different jurisdictions and the importance of understanding reciprocity for carrying firearms. The speaker, drawing on their experience, emphasizes the implications of this ruling for gun rights nationwide.

This video provides an expert analysis of the Supreme Court case Morin v. Lyver, focusing on concealed carry reciprocity and the impact of non-violent misdemeanor prohibitions on Second Amendment rights. The speaker, an expert in firearms law, details Alfred Morin's case, lower court rulings, and the critical questions now before the Supreme Court regarding the application of Bruen and Heller to individuals with past convictions.

The Ninth Circuit vacated its prior ruling in Jones v. Bonta, which had struck down California's ban on 18-20 year olds purchasing semi-automatic centerfire rifles. The case is remanded to the district court for rehearing in light of the Supreme Court's Bruin decision, which mandates analysis based on text informed by history and tradition, rejecting tier-based scrutiny. This decision delays the resolution of the case and potentially other Second Amendment challenges in the Ninth Circuit.

This video analyzes the impact of the Supreme Court's decision in NYSRPA v. Bruin on mandatory firearm waiting periods, specifically in Washington state. It explains how Bruin established strict scrutiny as the sole standard for analyzing gun control laws, invalidating the intermediate scrutiny previously used by lower courts. The discussion highlights how this shift could render existing waiting period laws, like Washington's Initiative 1639, unconstitutional.

This video features William Kirk, President of Washington Gun Law, providing an expert analysis of the potential impact of the Supreme Court's decision in New York Pistol & Rifle Association v. Bruen. Kirk explains how this ruling could significantly alter firearm regulations, particularly concerning concealed carry laws in 'may issue' states, and discusses the legal standards of scrutiny applied to gun control legislation. The insights are delivered with an authoritative tone, drawing on deep knowledge of constitutional law and case history.

The Ninth Circuit Court of Appeals, in Jones v. Banta, struck down California's ban on 18-20 year olds purchasing semi-automatic rifles, deeming it unconstitutional under the Second Amendment. While the court upheld the requirement for a safety class for this age group, the blanket prohibition on purchasing certain firearms was deemed a violation. This ruling has significant implications for Washington State's Initiative 1639, which contains similar age-based restrictions.