Decision Reaction & Lawsuits to Follow | Gun Talk Radio

Published on August 9, 2022
Duration: 19:14

This discussion focuses on the legal ramifications and ongoing litigation following the Supreme Court's Bruin decision. Alan Gottlieb of the Second Amendment Foundation outlines the strategic approach to challenging various state-level gun control measures, including 'may issue' permitting schemes, 'sensitive places' designations, and restrictions on non-resident carry. The conversation highlights the importance of historical legal precedent and the coordinated efforts of approximately 40 attorneys working to defend Second Amendment rights.

Quick Summary

The Supreme Court's Bruin decision significantly altered gun law litigation by requiring historical justification for restrictions, overturning 'proper cause' requirements for concealed carry. The Second Amendment Foundation is leading efforts to challenge various state laws, including 'may issue' permits and 'sensitive places' designations, by focusing on the Second Amendment's historical tradition.

Chapters

  1. 00:04Introduction to Bruin Decision
  2. 00:16Supreme Court's Bruin Ruling Explained
  3. 00:37Justice Clarence Thomas's Opinion
  4. 00:43Overturning New York's Licensing Scheme
  5. 00:57Eliminating Levels of Scrutiny for Gun Laws
  6. 01:14Lawyers' Full Employment Concept
  7. 01:30Alan Gottlieb & Second Amendment Foundation
  8. 02:01Tier One: Bruin Enforcement Cases
  9. 02:15Six States with May Issue Permits
  10. 02:30California AG's Letter on Good Moral Character
  11. 02:47New Jersey Stops Enforcing Justifiable Need
  12. 02:55New York's Strict New Laws
  13. 03:10Sensitive Places Restrictions
  14. 03:30Non-Resident Carry Challenges
  15. 03:40Abusive Licensing Requirements
  16. 04:07Social Media Monitoring for Suitability
  17. 04:40Disclosure of Identifying Information
  18. 04:57Bruin Decision Aids Rifle & Magazine Bans Challenges
  19. 05:09Tier Two Cases: Excessive Training & Bans
  20. 05:16Banning 18-20 Year Olds from Carrying
  21. 05:21Storage Laws & Waiting Periods
  22. 05:30Self-Made Firearms & Anti-Arsenal Laws
  23. 05:42Challenging Local FFL Restrictions
  24. 05:53Regulation of Self-Made Firearms ('Ghost Guns')
  25. 06:14Domestic Violence Misdemeanors & Sentencing
  26. 06:25Red Flag Laws & Due Process
  27. 06:34Handgun Rosters (California Example)
  28. 07:06Bruin Decision Aids Many Cases
  29. 07:24States Thumbing Noses at Bruin Decision
  30. 07:34Records of Gun Owners & State Enforcement
  31. 08:16Bruin & McDonald Decisions' Importance
  32. 08:41Number of Attorneys Working on Cases
  33. 08:46McDonald Decision's Role in Incorporating 2A
  34. 09:31Navigating the Legal Landscape Post-Bruin
  35. 09:53Taking Advantage of Bruin: COVID Lawsuits
  36. 10:34Remanded Cases Post-Bruin
  37. 10:51Maryland Assault Weapons Ban Case
  38. 11:30Impact on Magazine Band Cases
  39. 11:35Bans on Full Capacity Magazines
  40. 12:16Gun Rights Policy Conference (GRPC) Preview
  41. 12:27Legal Scholars Conference
  42. 12:38AmCon Conference (Alternative Mass Media)
  43. 12:56GRPC Dates and Location (Dallas, TX)
  44. 13:53GRPC: Exchanging Ideas Under Bruin
  45. 14:12Strategic Lawsuit Filing
  46. 14:41Risk of Adverse Decisions
  47. 15:23Perspective: Gun Rights History
  48. 15:46Current State of Gun Rights: Red vs. Blue States
  49. 16:20Biden Administration's Federal Agenda
  50. 16:40Post-Midterm Election Hopes
  51. 16:53California Advertising Law Challenge
  52. 17:45Biden Administration's Ban Proposals
  53. 18:36Supporting the Second Amendment Foundation
  54. 19:08Conclusion

Frequently Asked Questions

What was the significance of the Supreme Court's Bruin decision for gun laws?

The Bruin decision overturned New York's 'proper cause' requirement for concealed carry permits and eliminated the previous 'levels of scrutiny' for gun laws. It mandates that gun laws must be consistent with the historical tradition of the Second Amendment, rather than relying on modern justifications.

How is the Second Amendment Foundation strategizing legal challenges after the Bruin decision?

The Second Amendment Foundation, with approximately 40 attorneys, is focusing on enforcing the Bruin decision by challenging 'may issue' permit schemes, 'sensitive places' designations, and abusive licensing requirements. They are also refiling or appealing cases that were previously unsuccessful but now have stronger grounds due to Bruin.

What types of gun control measures are being challenged in the wake of the Bruin decision?

Key challenges include 'may issue' concealed carry permits, 'sensitive places' restrictions, non-resident carry laws, abusive licensing requirements (like social media monitoring), assault rifle bans, high-capacity magazine bans, and regulations on self-made firearms. Handgun rosters are also being re-examined.

What is the Gun Rights Policy Conference (GRPC) and why is it important?

The GRPC is an annual gathering for gun rights advocates to exchange ideas and strategize. It's crucial for discussing how to adapt legal approaches post-Bruin, coordinate state-level efforts, and ensure that legal challenges are strategically sound and historically grounded.

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