DOJ MAKES HUGE ADMISSION....in favor of the Second Amendment rights!

Published on November 9, 2023
Duration: 14:43

This analysis, presented by constitutional attorney Mark W. Smith, highlights a significant admission by the Department of Justice (DOJ) during the Supreme Court oral arguments in *United States v. Rahimi*. The DOJ conceded that executive branches and administrative agencies have limited discretion in Second Amendment-related licensing, particularly concerning subjective criteria. This admission is poised to challenge discretionary gun licensing regimes nationwide, reinforcing the need for objective standards as established by the *Bruen* decision.

Quick Summary

The DOJ made a critical admission in *US v. Rahimi*, stating that executive branches and administrative agencies have limited discretion in Second Amendment-related licensing compared to legislatures. This admission supports the *Bruen* decision's requirement for objective licensing criteria and challenges subjective standards used by many jurisdictions.

Chapters

  1. 00:00DOJ's Second Amendment 'Mistake' Admission
  2. 00:27Speaker Introduction and Credentials
  3. 00:42Legal Strategy: Using Opponent's Admissions
  4. 01:25Finding Anti-Gun Administration Concessions
  5. 02:27DOJ's Key Admission on Licensing Discretion
  6. 03:17Objective vs. Subjective Licensing Criteria
  7. 04:42DOJ Agrees: Executive Discretion is Limited
  8. 05:20Solicitor General's Argument on Disarming
  9. 06:14Justice Thomas's Question & Prolagar's Answer
  10. 08:32Implications of Executive Discretion Limitation
  11. 10:22Supreme Court Oral Argument Audio
  12. 12:33Conclusion: Major Win for Second Amendment

Frequently Asked Questions

What was the DOJ's significant admission regarding gun licensing?

During the *US v. Rahimi* Supreme Court oral arguments, the DOJ's top appellate lawyer admitted that executive branches and administrative agencies have significantly less discretion than legislatures when it comes to Second Amendment rights, especially concerning subjective gun licensing criteria.

How does the *Bruen* decision relate to the DOJ's admission?

The *Bruen* decision established that gun licensing must rely on objective criteria, not subjective ones like 'good moral character.' The DOJ's admission reinforces this by acknowledging the limited authority of executive bodies to make such subjective judgments.

What are the implications of the DOJ's admission for gun owners?

This admission is a major win for Second Amendment rights, as it means executive officials cannot arbitrarily deny gun licenses based on subjective assessments. It provides a strong legal basis to challenge discretionary licensing regimes nationwide.

Who is Mark W. Smith and what are his credentials?

Mark W. Smith, host of The Four Boxes Diner, is a constitutional attorney, a member of the United States Supreme Court Bar, and the author of 'Disarmed: What the Ukraine War Teaches Americans About the Right to Bear Arms.' He has extensive experience as a trial lawyer.

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