Videos tagged with Text, History, and Tradition Test

This video breaks down the Reese v ATF case, where the DOJ initially sought membership lists from gun rights organizations. The court's subsequent vacatur of this order highlights the critical intersection of Second Amendment rights and First Amendment freedom of association. The ruling also upheld the unconstitutionality of the federal under-21 handgun sales ban.

This video critiques lower court judges' alleged confusion in applying the Heller-Bruen methodology to Second Amendment cases. The speaker, Mark Smith, a constitutional attorney and author, argues that legal reasoning inherently relies on historical context, making judges' claims of being 'baffled' by history disingenuous. He asserts that the Bruen methodology is a reiteration of existing law, not a new test, designed to clarify application for judges unwilling to uphold constitutional rights.

The Fourth Circuit Court of Appeals ruled that 'assault weapons' are not covered by the Second Amendment, citing their military-style nature and unsuitability for self-defense. This decision is seen as a direct challenge to the Supreme Court's Bruin decision, which mandates a 'text, history, and tradition' test for firearm regulations. The case, Biani v. Brown, is expected to be appealed to the Supreme Court for a definitive ruling.

This video discusses New Mexico Governor Michelle Lujan Grisham's controversial 'emergency' public health proclamation that initially banned lawful concealed carry in Albuquerque and Bernalillo County. It details the legal challenges, including a federal judge's ruling on public parks and playgrounds, and the governor's subsequent extension of the order making playgrounds gun-free zones. The content also touches on proposed legislation for longer sentences for felons in possession of firearms and the ongoing legal battles against the governor's edicts.

This video explains the legal framework established by *NYSRA v. Bruin* and *Heller v. DC* for evaluating Second Amendment challenges to gun control laws. It emphasizes that the government must demonstrate a long-standing historical tradition of similar firearm regulations, not just a general historical context or the potential authority to pass such laws. The speaker, Mark Smith, a constitutional attorney, breaks down the 'text, history, and tradition' test and highlights how gun control advocates attempt to circumvent it by focusing on broader historical analysis rather than specific, analogous laws.

This video discusses a federal judge's interpretation of the Supreme Court's Bruen decision, specifically Judge Carlton Reeves' order in the case of United States v. Jesse Bullock. The judge questions the practicality of applying the 'text, history, and tradition' test to Second Amendment cases, suggesting the need for historians to assist judges in interpreting historical evidence related to firearm regulation. The commentary expresses concern that this approach could undermine the Bruen decision by allowing subjective historical interpretations to override established legal precedent.

This video discusses the recent signing of the Senate Bipartisan Safer Communities Act into law by President Biden. The speaker argues that the bill is unconstitutional, citing the Supreme Court's decision requiring laws to pass the 'text, history, and tradition' test. Specific provisions, such as extended background checks for 18-year-olds and funding for red flag laws, are challenged as violating historical precedent and due process rights.

This video explains the NYSRPA v. Bruen Supreme Court case, focusing on the potential impact on the right to carry firearms outside the home. It analyzes the Supreme Court justices' likely leanings and the key legal tests, such as the 'text, history, and tradition' approach versus 'balancing tests,' that will be central to the decision. The analysis highlights the importance of oral arguments and the questions posed by swing justices Kavanaugh and Roberts.