2A DESPERATION: Anti-gun Group Submits Amazing Filing in US Court in NY Trying to Avoid Huge Loss

Published on October 17, 2023
Duration: 12:49

This video analyzes a legal maneuver by Everytown for Gun Safety in the Second Circuit Court of Appeals case Anuk Young v. Negrelli. The anti-gun group filed a Rule 28j letter, which is typically used to present recent court decisions. However, Everytown submitted historical laws and restrictions, arguing they are relevant to the 'sensitive places' doctrine. The plaintiff's attorney, Stephen Stulle, filed a motion to strike this submission, arguing it was improper because Everytown is not a party to the case and the submitted laws are too late and irrelevant to the Second Amendment's original meaning.

Quick Summary

A Rule 28j letter is a legal filing in appellate courts used by parties to present recent, relevant court decisions. Everytown for Gun Safety's attempt to use this rule to submit historical laws in the Anuk Young v. Negrelli case was deemed improper because they are not a party and the laws were too late and irrelevant to the Second Amendment's original meaning.

Chapters

  1. 00:00Introduction to Everytown's Legal Maneuver
  2. 00:48Anuk Young v. Negrelli Case Overview
  3. 01:25Everytown's Rule 28j Letter Filing
  4. 02:05Purpose of Rule 28j Letters
  5. 03:28Criteria Not Met by Everytown's Filing
  6. 04:13Everytown's Submission of Historical Laws
  7. 05:42Plaintiff's Opposition and Motion to Strike
  8. 06:48Argument: Submitted Laws Are Too Late
  9. 08:03Supreme Court Precedent: Espinosa v. Montana
  10. 09:01Bruen Decision and Historical Analogues
  11. 11:19Conclusion and Outlook

Frequently Asked Questions

What is a Rule 28j letter in legal proceedings?

A Rule 28j letter is a formal submission to an appellate court used by parties to bring to the court's attention any relevant recent decisions by other courts that have been issued since the last brief was filed. It's meant to inform the court of new legal precedent, not to introduce new arguments or evidence.

Why was Everytown for Gun Safety's Rule 28j letter considered improper?

The letter was deemed improper because Everytown is not a party to the case, and Rule 28j letters are typically filed by parties. Furthermore, the submission focused on historical laws rather than recent court decisions, which is contrary to the rule's intended purpose.

What is the legal standard for using historical laws in Second Amendment cases?

Historical laws can be used to affirm the 1791 understanding of the Second Amendment, but only if they are contemporaneous or close in time to the amendment's ratification. Laws from the late 19th century, and especially the 20th century, are generally considered too late and irrelevant for this purpose, as established by Supreme Court precedent like Espinosa v. Montana.

What was the main argument against the historical laws submitted by Everytown?

The primary argument was that the submitted laws were too late in time to be relevant to the Second Amendment's original meaning. Many were from the post-Civil War era or the 20th century, and some were related to hunting or anti-poaching, not self-defense, making them unsuitable for legal analysis.

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