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

Published on November 9, 2023
Duration: 14:43

This video analyzes the US Department of Justice's admissions during the *United States v. Rahimi* Supreme Court oral arguments. Host Mark W. Smith, a constitutional attorney, highlights how the DOJ conceded that executive branch officials have limited discretion in subjective gun licensing decisions, a significant win for Second Amendment rights. The discussion emphasizes the *Bruen* decision's requirement for objective licensing criteria and contrasts it with subjective standards like 'good moral character.'

Quick Summary

The US Department of Justice (DOJ) made a significant admission during the *United States v. Rahimi* Supreme Court oral arguments, conceding that executive branch officials have limited discretion in subjective gun licensing decisions. This admission, highlighted by constitutional attorney Mark W. Smith, supports the *Bruen* decision's mandate for objective licensing criteria and strengthens Second Amendment rights nationwide.

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 major admission did the DOJ make regarding gun licensing?

The DOJ admitted that executive branch officials and administrative agencies have limited discretion in making subjective gun licensing decisions, a concession that strengthens Second Amendment rights by aligning with the *Bruen* decision's requirement for objective criteria.

How does the *Bruen* decision impact gun licensing?

The *Bruen* decision mandates that gun licensing regimes must rely on objective criteria, such as felony convictions or involuntary mental commitments, and cannot use subjective standards like 'good moral character.'

Who is Mark W. Smith and what is his expertise?

Mark W. Smith is the host of The Four Boxes Diner, 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.'

What are the implications of limited executive discretion in gun licensing?

Limited executive discretion means government officials cannot subjectively decide who receives a gun license based on personal judgment of character or perceived risk, thereby protecting Second Amendment rights from arbitrary denial.

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