BREAKING NEWS! TERRIBLE ANTI-GUN DECISION SETS UP SCOTUS SHOWDOWN!

Published on April 13, 2026
Duration: 19:33

This video analyzes a Second Circuit Court of Appeals decision that ruled stun guns are not 'arms' under the Second Amendment, contradicting Supreme Court precedent in Kitano v. Massachusetts. The speaker, identified as a constitutional attorney and Supreme Court Bar member, argues the court improperly shifted the burden of proof to plaintiffs and misapplied the Bruen methodology by treating legislative facts as adjudicatory facts. The decision is seen as an attempt to circumvent established Second Amendment jurisprudence and is expected to be challenged at the Supreme Court.

Quick Summary

The Second Circuit Court of Appeals ruled stun guns are not 'arms' under the Second Amendment, contradicting SCOTUS precedent in Kitano v. Massachusetts. The court allegedly misapplied the Bruen methodology, shifting the burden of proof to plaintiffs and improperly treating legislative facts as adjudicatory facts, potentially setting up a Supreme Court showdown.

Chapters

  1. 00:00Breaking News: Second Circuit Stun Gun Decision
  2. 00:42Introduction: Mark Smith, Host of The Four Boxes Diner
  3. 00:55Case Overview: Calc v. City of New York
  4. 01:25The Second Circuit Panel and Judge Ray Lawyer
  5. 02:08Second Amendment Plain Text and Heller Definition of Arms
  6. 02:39Kitano v. Massachusetts: Stun Guns as Arms
  7. 03:13Question Presented: NYC Stun Gun Ban Constitutionality
  8. 03:30The Bruen Methodology and Burden Shifting
  9. 04:48Second Circuit's Application of Bruen Step One
  10. 05:21Plaintiffs' Burden of Proof on Common Use
  11. 06:38Lack of Supreme Court Precedent Cited by Second Circuit
  12. 08:14Supreme Court Precedent: Heller and Arms Bans
  13. 09:03Heller's Common Use Test and Historical Analysis
  14. 10:03Stun Guns as Arms: Definitional and Linguistic Analysis
  15. 10:33Historical Tradition: Dangerous and Unusual Weapons
  16. 11:03Second Circuit's Attempt to Skip Historical Analysis
  17. 12:31Summary Order: Dodging Supreme Court Review?
  18. 13:39Process, Procedures, and Evidence: Legislative vs. Adjudicatory Facts
  19. 14:37Defining Adjudicatory and Legislative Facts
  20. 16:14Second Circuit Rejects Legislative Facts
  21. 17:31Legislative Facts Can Be Introduced Anytime
  22. 18:18Supreme Court Cases and Lack of Trials
  23. 18:51Will the Supreme Court Take This Case?
  24. 19:11Conclusion and Call to Action

Frequently Asked Questions

What was the Second Circuit's ruling on stun guns and the Second Amendment?

The US Court of Appeals for the Second Circuit ruled that stun guns are not considered 'arms' under the plain text of the Second Amendment. This decision contradicts previous Supreme Court precedent and is expected to lead to a legal challenge.

How does the Second Circuit's decision conflict with Supreme Court rulings?

The Second Circuit's ruling directly conflicts with the Supreme Court's 2016 decision in Kitano v. Massachusetts, which explicitly stated that stun guns are arms. The current ruling appears to ignore or misinterpret this established precedent.

What is the Bruen methodology and how did the Second Circuit apply it?

The Bruen methodology requires courts to analyze Second Amendment cases based on the plain text and historical tradition. The Second Circuit applied it by focusing on a 'plain text analysis' and placing the burden on plaintiffs to prove stun guns are in common use, which the speaker argues is an incorrect burden shift.

What is the difference between legislative and adjudicatory facts in legal analysis?

Adjudicatory facts pertain to specific actions of parties in a case, like whether a crime occurred. Legislative facts are broader historical or societal facts used to interpret laws, such as the historical context of the Second Amendment or the common use of a weapon.

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