BIG 2A SCOTUS NEWS: WILL SCOTUS ENTER MAJOR ORDER IN 2A RANGE CASE TOMORROW?

Published on November 16, 2023
Duration: 9:02

This video discusses the potential Supreme Court action on the Brian Rance v. Garland case, concerning the interpretation of "felon in possession" laws under 18 USC 922(g)(1). The speaker, Mark Smith, a constitutional attorney and Supreme Court bar member, explains what to look for during the SCOTUS conference on November 17th, focusing on the possibility of the Court granting certiorari or relisting the case, which would be positive indicators for Second Amendment rights.

Quick Summary

The Brian Rance v. Garland case before the Supreme Court concerns the interpretation of 18 USC 922(g)(1), the federal law on felons possessing firearms. The Third Circuit ruled that a non-violent felon should not lose gun rights for a misdemeanor with a potential sentence over two years, arguing the law should focus on physical violence. A 'relist' of the case by SCOTUS is seen as a positive indicator.

Chapters

  1. 00:00Introduction: Big SCOTUS News for 2A Rights
  2. 00:16The Brian Rance v. Garland Case
  3. 01:04Third Circuit Ruling on 18 USC 922(g)(1)
  4. 01:52Physical Violence vs. Danger to Society
  5. 02:33Rahimi Case vs. Rance Case Distinctions
  6. 03:04Both Parties Agree SCOTUS Should Hear Rance Case
  7. 04:07What to Look For on November 17th
  8. 04:18The Ideal Outcome: Relist the Case
  9. 04:31How the SCOTUS Conference Works
  10. 04:47Possible Outcomes: Grant Cert, Deny Cert, Relist
  11. 05:01Why a Relist is Common on First Conference
  12. 05:30Avoiding Procedural Problems
  13. 06:13Positive Sign: Relisting the Rance Case
  14. 06:39Unlikely Outcome: Denying Cert
  15. 07:07Worst Outcome: No Action by Tuesday
  16. 07:33Holding the Case Pending Rahimi Outcome
  17. 08:04Bottom Line: What We Want to See
  18. 08:17Good News vs. Not Good News
  19. 08:36Staying Updated on SCOTUS Decisions

Frequently Asked Questions

What is the Brian Rance v. Garland case about?

The Brian Rance v. Garland case before the Supreme Court concerns the interpretation of 18 USC 922(g)(1), the federal law on felons possessing firearms. The Third Circuit ruled that a non-violent felon should not lose gun rights for a misdemeanor with a potential sentence over two years, arguing the law should focus on physical violence.

What are the potential outcomes for the Rance v. Garland case at the SCOTUS conference?

The Supreme Court can either grant certiorari (cert) to hear the case, deny cert, or relist the case. A 'relist' is considered a positive sign, indicating the Court's intent to review the case further after checking for procedural issues.

Why is a 'relist' considered a good sign for the Rance v. Garland case?

A relist suggests the Supreme Court justices are interested in the case and are likely to grant cert at a future conference. It allows the Court's clerks to thoroughly examine the case for any jurisdictional or procedural problems before committing to a full review.

What is the significance of the US v. Rahimi case in relation to Rance v. Garland?

The US v. Rahimi case, already argued, deals with domestic violence restraining orders and Second Amendment rights. The Rance case is distinct, focusing on the definition of 'felon in possession' under 18 USC 922(g)(1). The Court might hold Rance pending Rahimi's outcome, or address them separately.

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