2ND AMENDMENT SCOTUS PREDICTION: WHAT WILL SCOTUS DO WITH "PROHIBITED PERSONS" AND MORE

Published on June 5, 2024
Duration: 17:36

Mark Smith, a constitutional attorney and Supreme Court bar member, predicts the Supreme Court's future rulings on Second Amendment rights for 'prohibited persons' under 18 USC 922g. He outlines four potential categories for how the court might rule: non-violent felons, violent individuals, drug traffickers, and drug users, with a discussion on due process and red flag laws.

Quick Summary

Constitutional attorney Mark Smith predicts the Supreme Court will likely rule that individuals convicted of non-violent felonies or misdemeanors should retain their gun rights, based on the historical principle of disarming only those posing a violent danger.

Chapters

  1. 00:00Introduction: June Supreme Court Predictions
  2. 00:17Federal Gun Control Law: 18 USC 922g
  3. 00:38Speaker Introduction: Mark Smith
  4. 00:46Book Promotion: Israel Disarmed
  5. 01:28Supreme Court's Achievable Goal for 2nd Amendment
  6. 01:44Application to Felons as Prohibited People
  7. 02:02US v. Rahimi Case Preview
  8. 02:33Future of Second Amendment Jurisprudence
  9. 02:54Four Categories of Prohibited Persons
  10. 03:16Category 1: Non-Violent Felons (Martha Stewart/Donald Trump)
  11. 04:02Defining a Felony for Gun Rights
  12. 04:50Misdemeanors and Loss of Gun Rights
  13. 05:28SCOTUS Ruling on Non-Violent Convictions
  14. 06:22Category 2: Physically Violent Danger
  15. 07:48Asterisk: Restorative Justice Pathway
  16. 09:14Middle Categories: Drug Dealing and Use
  17. 10:15Category 3: Drug Trafficking
  18. 10:34US v. Brown Case and Drug Traffickers
  19. 12:03Category 4: Simple Drug Users
  20. 13:03Historical Analogues: Drunk with Guns
  21. 14:05SCOTUS Stance on Criminals
  22. 14:59Fifth Category: Red Flag Laws
  23. 15:18Circumventing Due Process
  24. 15:50Process vs. Substance in Gun Law
  25. 16:39SCOTUS and Anti-Gunners
  26. 17:07Conclusion and Channel Promotion

Frequently Asked Questions

What is 18 USC 922g regarding firearms?

18 USC 922g is a federal law that defines categories of individuals who are prohibited from possessing firearms. The Supreme Court's interpretation of the Second Amendment's application to these 'prohibited persons' is a key area of discussion for future rulings.

How does the Supreme Court define a felony for gun rights?

Under federal gun control law, a felony is defined as a crime for which a person could have been sentenced to more than one year in prison. This applies even if the individual did not serve any jail time for the conviction.

What is the predicted Supreme Court stance on non-violent felons and gun rights?

The speaker predicts the Supreme Court will likely rule that individuals convicted of non-violent felonies or misdemeanors should not lose their gun rights, aligning with the historical principle that disarming was based on violent dangerousness.

How might the Supreme Court view drug traffickers in relation to gun rights?

The Supreme Court is expected to view drug traffickers as equivalent to violent criminals. This is because the enforcement of drug trade contracts often involves violence or the threat of violence, making them a perceived risk.

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