CRAZY 2A OPINION: Federal Judge Allows American Governor to Ban Guns....

Published on October 14, 2023
Duration: 19:36

This video analyzes a federal judge's ruling in New Mexico regarding Governor Michelle Lujan Grisham's modified public health order that banned firearms in parks and playgrounds. The host, Mark Smith, a constitutional attorney, critiques the judge's reasoning, highlighting perceived errors in legal interpretation, particularly concerning the relevant historical period for Second Amendment analysis and the definition of 'sensitive places'. The discussion emphasizes the importance of historical precedent and the proper application of Supreme Court rulings like Heller and Bruen.

Quick Summary

A federal judge in New Mexico allowed Governor Michelle Lujan Grisham's modified order banning firearms in public parks and playgrounds. Constitutional attorney Mark Smith critiques the ruling, arguing the judge erred by relying on questionable precedent and misinterpreting the historical context required for Second Amendment analysis.

Chapters

  1. 00:00Introduction: New Mexico Gun Ban
  2. 00:42Host Introduction: Mark Smith
  3. 01:05Governor Grisham's Initial Order and Injunction
  4. 01:46Modified Order: Parks and Playgrounds
  5. 02:28Judge's Ruling on Modified Order
  6. 03:11Critique of Judge Urias's Opinion
  7. 03:59Mistake 1: NRA v. Bondi Citation
  8. 07:11Mistake 2: Grammatical Error in Opinion
  9. 08:37Second Amendment Analysis: Heller & Bruen
  10. 09:07Burden of Proof on Government
  11. 09:50Relevant Historical Period: 1791 vs. 19th Century
  12. 13:30Scope of the Second Amendment
  13. 14:15Sensitive Places Doctrine
  14. 15:01Historical Context of School Gun Restrictions
  15. 17:55Critique of Judge's Intellectual Rigor
  16. 19:01Future Appeals and Conclusion

Frequently Asked Questions

What was Governor Michelle Lujan Grisham's initial action regarding firearms in New Mexico?

Governor Michelle Lujan Grisham initially attempted to ban carrying firearms in all respects in Albuquerque and related areas. This executive order was met with a legal challenge and was enjoined by a federal district judge.

How did the New Mexico governor modify her gun ban after the initial injunction?

After being enjoined, Governor Grisham modified her emergency public order to specifically ban firearms in public parks and playgrounds. She sought a favorable ruling on this narrower restriction.

What is the primary historical period for interpreting the Second Amendment according to legal precedent?

The primary historical period for interpreting the Second Amendment is 1791, when it was adopted. While post-Civil War history (1868) can be used to confirm the 1791 understanding, it cannot be used to contradict or undercut the Bill of Rights.

What are the 'sensitive places' identified by the Supreme Court in relation to firearm restrictions?

According to the Bruen decision, the Supreme Court identified only three specific examples of sensitive places relevant to firearm restrictions: polling places, legislative chambers, and courthouses. Other locations are not automatically considered sensitive places without historical justification.

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