Can ‘Assault Weapons’ and Magazines Be Banned After Bruen...

Published on October 8, 2022
Duration: 21:40

This video explains how the Supreme Court's NYSERA v. Bruin decision applies to 'assault weapon' and magazine bans. It clarifies that semi-automatic rifles and standard capacity magazines are protected under the Second Amendment if they are 'commonly possessed by Americans for lawful purposes.' The speaker emphasizes that for bans, the 'common use test' is the sole determinant, and a separate historical analog test is not required.

Quick Summary

Under the NYSERA v. Bruin decision, 'assault weapon' bans are challenged using the 'common use test.' If semi-automatic rifles are commonly possessed by Americans for lawful purposes, they are protected arms. Criminal misuse is irrelevant to this test, making it a powerful tool for defending firearms rights.

Chapters

  1. 00:00Introduction: Bruin and Gun Bans
  2. 00:54Host Introduction: Mark Smith
  3. 01:14Recent Bans Struck Down
  4. 02:25Step 1: Redefine 'Assault Weapons'
  5. 03:41The Legal Framework: Heller, McDonald, Bruin
  6. 04:02Defining 'Arms' in 1791
  7. 06:10Caetano v. Massachusetts: Non-Firearms as Arms
  8. 07:06Historical Context: Boston Massacre
  9. 09:07Semi-Automatic Rifles as Bearable Arms
  10. 10:31The Common Use Test
  11. 12:41Why the Common Use Test is Powerful
  12. 13:13Criminal Misuse is Irrelevant to the Test
  13. 14:33Statistics on Semi-Automatic Rifles
  14. 15:24Comparison: Stun Guns vs. Semi-Automatic Rifles
  15. 16:14The Critical Mistake: Historical Analog Test for Bans
  16. 17:18Gun Bans: A One-Step Test
  17. 19:33Magazines as Protected Arms
  18. 20:02Statistics on Standard Capacity Magazines
  19. 20:45Conclusion: Mission Critical

Frequently Asked Questions

How does the Bruin decision affect 'assault weapon' bans?

The NYSERA v. Bruin decision clarifies that 'assault weapon' bans, more accurately termed semi-automatic rifle bans, are unconstitutional if the firearms are commonly possessed by Americans for lawful purposes. The 'common use test' is the primary legal standard for such bans.

What is the 'common use test' for Second Amendment rights?

The 'common use test' determines if a firearm is protected under the Second Amendment by assessing if it is commonly owned by Americans for lawful purposes. This test is crucial for challenging gun bans, as it disregards the criminal misuse of firearms.

Are standard capacity magazines protected under the Second Amendment?

Yes, standard capacity magazines (typically holding more than 10 rounds) are considered protected arms. They are essential components of firearms and are commonly owned by Americans for lawful purposes, with hundreds of millions in circulation.

Should the historical analog test be applied to gun bans after Bruin?

No, the historical analog test is not applicable to gun bans. For bans, the sole determining factor is the 'common use test.' Applying the historical analog test to bans is a critical mistake that can undermine Second Amendment protections.

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