BIDEN AG GARLAND PANICKING: US Supreme Court Enters Order Just Now in Major 2nd Amendment Case

Published on November 2, 2023
Duration: 18:42

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.

Quick Summary

The Brian Rayn v. United States case before the Supreme Court challenges the lifetime firearm ban for non-violent misdemeanor convictions under 18 USC 922 G1. This case is significant for its potential impact on Second Amendment interpretations post-Nunnery v. Bruen, questioning the proportionality of disarming individuals for offenses not inherently evil (malum in se).

Chapters

  1. 00:00Introduction: Supreme Court's November 17th Order
  2. 00:44Case Details: Brian Rayn v. United States
  3. 01:00Federal Statute: 18 USC 922 G1 Explained
  4. 01:26Brian Rayn's Misdemeanor Conviction
  5. 02:06Second Amendment Challenge: As Applied Basis
  6. 02:16Nunnery v. Bruen Impact
  7. 02:24Third Circuit Ruling in Favor of Rayn
  8. 03:10Merrick Garland's Strategy: Rahimi vs. Rayn
  9. 03:52Statute Comparison: 922 G8 vs. 922 G1
  10. 04:44Supreme Court Conference on November 17th
  11. 05:07What Happens if Certiorari is Granted: Relisting
  12. 06:27Garland's Reply Brief: Arguments Against Taking the Case
  13. 06:36Why the Rayn Case Should Be Heard
  14. 07:23Government Argument: Congress's Role in Disarmament
  15. 08:16Malum in Se vs. Malum Prohibitum Crimes
  16. 09:54Garland's Arguments Against Rayn Case
  17. 10:04Alleged Delay Strategy by Anti-Gun Movement
  18. 11:23Garland's Brief: No Sound Reason to Grant Cert Now
  19. 12:03Garland's Argument on Multiple Cases
  20. 13:06Rahimi vs. Rayn: Civil vs. Criminal Context
  21. 14:06Garland's Use of State Ratification Proposals
  22. 15:20Historians and 'Airy Fairy' History
  23. 16:00Garland's Reply Brief Quote on Archival Search
  24. 17:16Nipping 'Airy Fairy Non-History' in the Bud
  25. 18:16Bruen: When in Doubt, Rule in Favor of Freedom

Frequently Asked Questions

What is the significance of the Brian Rayn v. United States Supreme Court case?

The Brian Rayn case is significant because it challenges the lifetime firearm ban for individuals convicted of non-violent misdemeanors under 18 USC 922 G1, potentially impacting how the Second Amendment is applied post-Nunnery v. Bruen. It questions whether such prohibitions align with historical interpretations of the right to bear arms.

What are Merrick Garland's arguments against the Supreme Court hearing the Rayn case?

Merrick Garland's Department of Justice argues that the Rayn case provides no sound reason to grant certiorari immediately, suggesting it should be held for rehearing. They also contend that the case presents different questions than the Rahimi case and that Congress has the authority to determine disarmament criteria.

What is the difference between malum in se and malum prohibitum crimes in relation to gun rights?

Malum in se crimes are inherently evil (e.g., murder), while malum prohibitum crimes are illegal by legislative definition (e.g., certain firearm regulations). The speaker argues that losing gun rights for life over malum prohibitum offenses, like Brian Rayn's misdemeanor, is unjust and contrary to Second Amendment principles.

Why is the timing of the Rayn case before the Supreme Court considered important?

The timing is crucial as the anti-gun movement and DOJ are perceived to be delaying cases like Rayn's to avoid unfavorable rulings from the current Supreme Court. They may be hoping for a shift in court composition that would be more favorable to gun control measures.

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