Biden & Congress Defy Supreme Court Decision And Pass National Gun Control!!!

Published on June 26, 2022
Duration: 10:34

This video analyzes the Bipartisan Safer Communities Act, signed into law by President Biden, in the context of the Supreme Court's Bruin decision. The speaker argues that the Act's provisions, including expanded background checks for those under 21, federal funding for state red flag laws, and the closure of the 'boyfriend loophole,' are unconstitutional under the 'text, history, and tradition' test established in Bruin. The analysis focuses on how these measures allegedly fail to align with historical firearm regulations.

Quick Summary

The Bipartisan Safer Communities Act, signed by President Biden, faces scrutiny for allegedly violating the Supreme Court's Bruin ruling. The 'text, history, and tradition' test requires historical precedent for firearm regulations, which the speaker argues the Act's provisions, including those affecting individuals under 21 and red flag laws, fail to meet.

Chapters

  1. 00:00Bipartisan Gun Control Bill Signed Into Law
  2. 00:04Supreme Court's Bruin Decision Context
  3. 00:10Unconstitutionality Under Bruin Ruling
  4. 00:20USCCA Sponsorship Mention
  5. 00:33Bipartisan Safer Communities Act Overview
  6. 00:46Bruin v. New York Case Details
  7. 00:56Supreme Court's Constitutional Test
  8. 01:15Text, History, and Tradition Explained
  9. 01:58New Gun Control Bill Restrictions
  10. 02:13Bill's First Shortcoming: Public Interest Framing
  11. 02:34Bruin Ruling on Government Interest
  12. 03:00Specific Provisions Violating Bruin
  13. 03:10Expanding Prohibited Persons (Juvenile Records)
  14. 03:22Background Checks for Under 21
  15. 03:5418-20 Year Olds' Second Amendment Rights
  16. 04:43Historical Regulations for 18-20 Year Olds
  17. 05:23Federal Funding for Red Flag Laws
  18. 05:34Due Process Concerns in Red Flag Laws
  19. 06:15Red Flag Laws and the Second Amendment
  20. 06:44Historical Analog for Red Flag Laws
  21. 07:38Closing the 'Boyfriend Loophole'
  22. 08:03Dating Relationship Definition
  23. 08:16History/Tradition of Relationship-Based Firearm Bans
  24. 09:00Bill's Provisions Likely to Fail Under Bruin
  25. 09:06First National Battle of Bruin Application
  26. 09:14Timing of Bill Passage Post-Bruin
  27. 09:30Call for Immediate Challenge
  28. 09:50Viewer Questions and Engagement

Frequently Asked Questions

What is the 'text, history, and tradition' test for firearm regulations established by the Supreme Court?

The Supreme Court's Bruin decision mandates that firearm regulations must be consistent with the nation's historical tradition of firearms regulations. The government cannot simply claim a regulation serves an important interest; it must demonstrate historical precedent for such restrictions.

How does the Bipartisan Safer Communities Act allegedly violate the Bruin ruling regarding individuals under 21?

The Act expands background checks for those under 21, allowing up to a 10-business-day delay. The speaker argues this is unconstitutional, as 18-to-20-year-olds are historically considered adults with Second Amendment rights, and there's no historical basis for such specific restrictions on them.

What are the concerns raised about the red flag law provisions in the new gun control bill?

The bill incentivizes state red flag laws, but the speaker claims they may allow states to bypass due process. Concerns include vague language about legal representation and the necessity of hearings, potentially leading to arbitrary confiscation without proper procedures.

Does the new gun control bill address the 'boyfriend loophole,' and is it considered constitutional?

Yes, the bill expands firearm prohibitions to individuals in dating relationships convicted of misdemeanor domestic violence. However, the speaker questions its constitutionality, arguing there's no historical precedent from the founding era to justify using such relationships to permanently remove firearm possession rights.

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