HUGE 2A VICTORY: FEDERAL APPELLATE COURT DECLARES MAJOR FEDERAL GUN CONTROL LAW UNCONSTITUTIONAL

Published on February 3, 2023
Duration: 8:04

A federal appellate court has declared a major federal gun control law, 18 USC 922(g)(8), unconstitutional under the Second Amendment, citing the NYSRPA v. Bruen standard. The ruling, from the US Court of Appeals for the Fifth Circuit, specifically addresses the prohibition of firearm possession for individuals subject to civil restraining orders. This decision has significant implications for future cases and the interpretation of 'the people' in relation to constitutional rights.

Quick Summary

The Fifth Circuit Court of Appeals has ruled 18 USC 922(g)(8), a federal law prohibiting firearm possession by those under civil restraining orders, unconstitutional under the Second Amendment and NYSRPA v. Bruen.

Chapters

  1. 00:00Breaking News: 2A Court Victory
  2. 00:31Host Introduction and Channel Growth
  3. 01:03Analysis of 18 USC 922(g)(8)
  4. 01:41Implications for Non-Violent Felons
  5. 02:15United States v. Rahimi Background
  6. 03:02Fifth Circuit's Unanimous Decision
  7. 03:30Defining 'The People' in SCOTUS
  8. 04:34The 'Limiting Principle' Warning
  9. 06:24Judge James Ho's Concurrence
  10. 07:18Final Summary and Legal Impact

Frequently Asked Questions

Which federal gun control law was declared unconstitutional by the Fifth Circuit?

The US Court of Appeals for the Fifth Circuit declared federal criminal statute 18 USC 922(g)(8) unconstitutional. This law prohibits individuals subject to civil restraining orders from possessing firearms.

What legal standard was used to strike down 18 USC 922(g)(8)?

The Fifth Circuit applied the Second Amendment and the legal standard established in the Supreme Court case NYSRPA v. Bruen to find 18 USC 922(g)(8) unconstitutional.

What are the implications of the Fifth Circuit's ruling on gun rights?

The ruling strengthens Second Amendment protections by limiting the government's ability to disarm individuals based solely on civil restraining orders, which may not require a finding of danger.

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

Mark W. Smith is presented as a constitutional attorney and a member of the U.S. Supreme Court Bar. He is also a NYT Best Selling Author and provides detailed analysis of federal statutes and case law.

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