GREAT NEWS: SCOTUS 'Common Use ' Test STOPS ANY ARs, AKs, Ammo and Magazine Bans!

Published on December 17, 2022
Duration: 22:05

This video explains the 'common use' test as established by Supreme Court precedent, particularly in Heller and Bruin, to protect firearms from bans. Constitutional attorney Mark Smith clarifies that arms commonly possessed by Americans for lawful purposes are presumptively protected under the Second Amendment. He argues that weapons like AR-15s, AK-47s, and standard capacity magazines cannot be banned because their widespread ownership makes them not 'unusual,' a key component of the 'dangerous and unusual' standard for firearm regulation.

Quick Summary

The Supreme Court's 'common use' test protects firearms commonly possessed by law-abiding citizens for lawful purposes. This standard prevents bans on weapons like AR-15s and AK-47s because their widespread ownership makes them not 'unusual,' thus failing the 'dangerous and unusual' test required for regulation.

Chapters

  1. 00:00Introduction to the Common Use Test
  2. 00:46Heller v. District of Columbia Explained
  3. 02:23The Critical Common Use Test
  4. 03:18How the Supreme Court Defines Protected Arms
  5. 06:48Text Giveth, History Taketh Away
  6. 09:03Dangerous and Unusual Weapons Standard
  7. 10:01Conjunctive vs. Disjunctive Standard
  8. 12:10Why the Common Use Test is Pro-Gun
  9. 13:33Common Use Protects Semi-Automatic Handguns
  10. 14:05Common Use Protects Semi-Automatic Rifles (ARs, AKs)
  11. 15:55Common Use Protects Standard Capacity Magazines
  12. 19:15Ammunition and Magazine Bans Under Scrutiny
  13. 21:43Conclusion: No Bans on Common Arms

Frequently Asked Questions

What is the 'common use' test regarding firearms?

The 'common use' test, established by the Supreme Court, protects firearms that are commonly possessed by law-abiding citizens for lawful purposes. This means weapons like AR-15s and AK-47s, due to their widespread ownership, are shielded from being banned.

Can AR-15s and AK-47s be banned under the Second Amendment?

No, AR-15s and AK-47 style semi-automatic rifles are protected under the Second Amendment due to the 'common use' test. Their ownership by tens of millions of Americans means they are not 'unusual,' and thus cannot meet the 'dangerous and unusual' standard required for a ban.

Are standard capacity magazines protected from bans?

Yes, standard capacity magazines are protected. Because they are commonly owned by millions of Americans, they are not considered 'unusual.' This prevents them from meeting the 'dangerous and unusual' threshold that would allow for a ban.

What is the legal standard for banning firearms in the US?

The legal standard for banning firearms is 'dangerous AND unusual.' This conjunctive test means a firearm must be both dangerous and unusual to be subject to a ban. Widespread common use negates the 'unusual' aspect for most firearms.

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