DOJ DEFEATED: FEDERAL GUN CONTROL LAW DECLARED UNCONSTITUTIONAL UNDER 2A!

Published on February 7, 2023
Duration: 13:30

A federal judge in Kentucky has declared 18 U.S.C. 922(g)(8), which prohibits firearm possession by individuals under domestic violence restraining orders, unconstitutional. The ruling, citing NYSRPA v. Bruen, found the law violates the Second Amendment by not being consistent with the nation's historical tradition of firearm regulation. The court also clarified the broad interpretation of 'the people' in constitutional contexts and distinguished modern bans from historical surety laws.

Quick Summary

A federal judge in Kentucky has ruled 18 U.S.C. 922(g)(8), prohibiting firearm possession by individuals under domestic violence restraining orders, unconstitutional. The decision, citing NYSRPA v. Bruen, found the law inconsistent with the Second Amendment and the nation's historical tradition of firearm regulation.

Chapters

  1. 00:00Kentucky Second Amendment Ruling
  2. 00:34Section 922(g)(8) Declared Unconstitutional
  3. 01:53Definition of 'The People'
  4. 05:13Surety Laws as Analogues
  5. 06:45Historical Timing Problems
  6. 09:10Disarmament vs. Surety Bonds
  7. 11:20Lying on Form 4473
  8. 12:20Summary and Conclusion

Frequently Asked Questions

Which federal gun control law was declared unconstitutional in Kentucky?

In Kentucky, federal judge Danny Reeves declared 18 U.S.C. 922(g)(8), which prohibits firearm possession by individuals subject to domestic violence restraining orders, unconstitutional under the Second Amendment.

What legal precedent was used to strike down the federal gun control law?

The ruling in Kentucky relied on the Supreme Court's decision in NYSRPA v. Bruen, which mandates that firearm regulations must be consistent with the nation's historical tradition of firearm regulation.

How did the court interpret 'the people' in the Second Amendment context?

The court rejected the DOJ's narrow interpretation and affirmed that 'the people' in the Second Amendment applies broadly to all Americans, similar to its usage in the Fourth Amendment.

Were historical surety laws considered a valid justification for the ban?

No, the court found historical surety laws insufficient to justify a total ban on firearm possession for those under restraining orders, noting they only required a bond for dangerous individuals and appeared later than the founding generation's understanding.

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