DOJ ACCIDENTALLY DESTROYS THEIR OWN "ASSAULT WEAPON" ARGUMENT....PROOF HERE

Published on November 10, 2023
Duration: 11:44

This video analyzes a significant concession made by the Department of Justice (DOJ) during the Rahimi oral argument before the Supreme Court. Constitutional attorney Mark Smith explains how this admission, particularly from Solicitor General Elizabeth Prelogar, could be used to thwart future 'assault weapon' bans, semi-automatic rifle bans, magazine capacity limits, and potentially suppressor bans. The core of the argument rests on the legal doctrine of estoppel, which binds the DOJ to its stated positions, and the precedent set by Heller and Bruen regarding the 'common use' test for firearm regulation.

Quick Summary

The DOJ's concession in the Rahimi case is a critical legal admission that could dismantle 'assault weapon' bans and magazine capacity limits. By stating that established Second Amendment principles based on history and tradition are binding, the government is estopped from changing its arguments, reinforcing the 'common use' test from Heller.

Chapters

  1. 00:00DOJ Concession in Rahimi Case
  2. 00:33Speaker Introduction & Credentials
  3. 00:44The Power of Estoppel in Legal Arguments
  4. 02:00Solicitor General's Binding Statements
  5. 03:13Key DOJ Admission on Legal Principles
  6. 04:19Prelogar's Direct Quote on Principle
  7. 04:51Impact of DOJ Concession on Gun Laws
  8. 06:59Heller's Legal Test for Arms Bans
  9. 08:05Reaffirming the Heller Test's Application
  10. 10:04Incremental Victory & Fight for Freedom
  11. 11:05Conclusion & Call to Action

Frequently Asked Questions

What is the significance of the DOJ's concession in the Rahimi case for gun owners?

The DOJ's admission during the Rahimi oral argument establishes a legal precedent that could thwart future 'assault weapon' bans, semi-automatic rifle bans, and magazine capacity limits. This is because the government is now bound by its statements on Second Amendment principles.

How does the legal doctrine of Estoppel apply to the DOJ's statements?

Estoppel binds the DOJ to the positions they articulated before the Supreme Court in the Rahimi case. This means they cannot easily change their legal arguments in future litigation challenging firearm regulations, strengthening the hand of Second Amendment advocates.

What is the 'common use' test in Second Amendment law, and how does the DOJ's concession affect it?

The 'common use' test, established in Heller, states that arms in common use for lawful purposes cannot be banned. The DOJ's concession reinforces this, implying that firearms like the AR-15 and standard-capacity magazines, being in common use, should not be subject to bans.

Who is Elizabeth Prelogar, and why are her statements important?

Elizabeth Prelogar is the Solicitor General of the United States, serving as the DOJ's top lawyer. Her statements before the Supreme Court are considered official positions of the US government and are legally binding, carrying significant weight in legal arguments.

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