Videos tagged with Misdemeanor Conviction

The video discusses the Supreme Court case Range v. Garland, which challenges federal laws prohibiting non-violent felons from possessing firearms. It details Brian Range's misdemeanor conviction and the subsequent lifelong ban on his firearm rights. The case examines whether such a ban infringes upon Second Amendment protections and explores the interpretation of 'the people' within the amendment.

This video discusses a new law signed in Michigan by Governor Gretchen Whitmer that revokes Second Amendment rights for a minimum of 8 years following a misdemeanor domestic violence conviction. The speaker argues this is an overreach, especially as it applies even after cases are settled and fines paid, contrasting it with typical felony-based prohibitions. The discussion touches on the broader context of recent gun control legislation in Michigan and the ongoing debate surrounding due process and firearm rights.

This video discusses the US Supreme Court's consideration of the case Brian Rayn v. United States, focusing on whether a misdemeanor conviction for omitting income from a food stamp application should result in a lifetime ban on firearm possession under 18 USC 922 G1. The speaker, Mark Smith, a constitutional attorney and member of the Supreme Court bar, argues against Attorney General Merrick Garland's efforts to delay or dismiss the case, highlighting the distinction between inherently evil crimes (malum in se) and those that are illegal by legislative definition (malum prohibitum). The analysis centers on the application of the Second Amendment post-Nunnery v. Bruen.

This video, "Bullet Points," features William Kirk, President of Washington Gun Law, discussing the restoration of gun rights in Washington State. He outlines different scenarios based on felony and misdemeanor convictions, differentiating between Class A, B, and C felonies. The video emphasizes that while losing gun rights is a consequence of law, regaining them is also possible through legal processes. A website, www.getmyrightsback.com, is provided for further information. The content is linked to specific Revised Code of Washington (RCW) statutes and other related video resources.

This video discusses the case of US v. Cudd, where a January 6th defendant, Jenny Cudd, was convicted of a misdemeanor. The key takeaway is Judge Trevor McFadden's ruling to deny the prosecution's request that Cudd surrender her firearms during her probation period. The judge cited Heller v. District of Columbia, emphasizing the fundamental right to self-defense and Cudd's status as a non-violent offender with no prior criminal history, who also argued she needed firearms for protection due to threats.

This video explains how individuals convicted of certain state law misdemeanors, specifically those punishable by more than two years imprisonment, may be federally prohibited from firearm possession. It details a recent federal court ruling in Pennsylvania that granted relief to an individual challenging this ban, establishing a two-step analysis based on historical justifications for firearm prohibition and heightened scrutiny. The ruling suggests that DUIs, even second offenses, may not be considered 'serious offenses' under federal law if they are non-violent and lack cross-jurisdictional consensus on severity, potentially opening avenues for restoring Second Amendment rights.

This video discusses the Obama administration's petition to the Supreme Court to review a case concerning Second Amendment rights for individuals convicted of misdemeanors. The case involves Daniel Binderup and Julio Suarez, who had their rights restored by a Pennsylvania court but were denied them federally due to a 'catch-all' federal law related to misdemeanor penalties exceeding two years. The speaker notes the rarity of such a petition with only days left in an administration and suggests it's an effort to advance gun control.

This video details Justice Clarence Thomas's questioning in the Voine case, where he challenged the federal government's expansive application of laws imposing lifetime firearm bans for misdemeanor convictions. Thomas cited an amicus brief from Gun Owners of America, highlighting the lack of precedent for such a broad deprivation of constitutional rights based on minor offenses. The discussion underscores the potential for future legal challenges to firearm restrictions.

A federal court in Illinois upheld the Second Amendment by awarding the NRA $125,000 in attorney's fees in the case of Sean Galder v. Chicago. The ruling prevents prohibiting firearm possession based solely on a non-violent misdemeanor conviction. While this specific prohibition was struck down, Chicago's firearm registration and licensing requirements remain in effect and are still being litigated.