A Huge Ruling That No One is Talking About

Published on January 8, 2025
Duration: 9:44

This video analyzes the Fifth Circuit's ruling in United States v. Perez Galan, which addressed the constitutionality of 18 U.S. Code Section 922 G8 C2, prohibiting firearm possession by individuals subject to domestic violence restraining orders. The court, referencing the Supreme Court's decision in Rahimi, found that while C1 was constitutional, the facial challenge to C2 failed because the statute is not unconstitutional in all applications. The case was remanded for an 'as-applied' challenge.

Quick Summary

The Fifth Circuit in United States v. Perez Galan analyzed 18 U.S. Code Section 922 G8 C2, a law prohibiting firearm possession by those under domestic violence restraining orders. Following the Supreme Court's Rahimi decision, the court found the statute not unconstitutional in all applications, failing a facial challenge but allowing for 'as-applied' challenges.

Chapters

  1. 00:00Introduction: Rahimi Alarm Bells
  2. 00:40The Case: United States v. Perez Galan
  3. 01:30Fifth Circuit's Role and Pro-2A Stance
  4. 01:47Challenging 18 U.S. Code Section 922 G8 C2
  5. 02:06Distinction from Rahimi's C1
  6. 02:27Defendant's Arguments: Facial Challenge
  7. 03:03Challenges for the Defendant
  8. 03:09The Lofty Burden of a Facial Challenge
  9. 03:55Fifth Circuit Revisits Cases Post-Supreme Court Ruling
  10. 04:13Rahimi 2024 vs. Rahimi 2023 Analysis
  11. 04:41Supreme Court Overrules Fifth Circuit's Rahimi Analysis
  12. 05:06Clear Rule: Threat of Violence Allows Disarmament
  13. 05:14Fifth Circuit's Deeper Look into C2
  14. 05:39Historical Laws Justifying Disarmament
  15. 06:03Common Sense: Disarming Threatening Individuals
  16. 06:15Facial Challenge Fails for C2
  17. 06:34Wiggle Room: Domestic Violence Orders
  18. 06:53Problematic Applications of 922 G8 C2
  19. 07:08Mutual Protective Orders Concern
  20. 07:14Reversal of Fortunes: Rahimi's Impact
  21. 07:34Fifth Circuit's Conclusion on C2
  22. 07:52Judgment Reversed and Remanded
  23. 08:03Perez Galan's As-Applied Challenge
  24. 08:16Facts of the Perez Galan Case
  25. 08:38Likelihood of Success for Challenges
  26. 08:52Case Recap and Resources

Frequently Asked Questions

What is 18 U.S. Code Section 922 G8 C2?

18 U.S. Code Section 922 G8 C2 is a federal law that prohibits individuals subject to specific domestic violence restraining orders from possessing firearms. This section was recently analyzed by the Fifth Circuit in the case of United States v. Perez Galan.

How did the Supreme Court's Rahimi ruling affect the Perez Galan case?

The Supreme Court's decision in Rahimi v. United States, which affirmed the constitutionality of disarming individuals posing a threat of violence, was a key factor. The Fifth Circuit in Perez Galan stated that the Supreme Court's ruling unequivocally overruled their prior analysis of the relevant statute.

What is the difference between a facial and an as-applied challenge to a law?

A facial challenge argues a law is unconstitutional in all circumstances, a very difficult standard. An as-applied challenge argues the law is unconstitutional in its specific application to a person or situation, which is generally easier to prove.

Can individuals under domestic violence restraining orders still possess firearms?

Generally, 18 U.S. Code Section 922 G8 prohibits firearm possession for those under domestic violence restraining orders. While the Fifth Circuit found the statute not unconstitutional in all applications, specific cases, like mutual protective orders, may still be challenged on an 'as-applied' basis.

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