MAJOR SUPREME COURT FILING: BIDEN ANTI-GUN DOJ SEEKS TO EXPLOIT ITS NARROW WIN IN RAHIMI

Published on June 25, 2024
Duration: 21:37

This video discusses a major Supreme Court filing by the Department of Justice seeking to expand the interpretation of 18 USC 922g, the federal law concerning prohibited persons in possession of firearms. The DOJ aims to leverage a recent narrow win in the Rahimi case to influence future rulings on Second Amendment challenges, particularly concerning 'as applied' challenges to the statute. The speaker, Mark Smith, a constitutional attorney and member of the Supreme Court bar, analyzes the DOJ's strategy to potentially disarm broader categories of individuals by avoiding individualized determinations of dangerousness.

Quick Summary

The DOJ has filed a supplemental brief with the Supreme Court, seeking to expand the interpretation of 18 USC 922g, the federal law prohibiting certain individuals from possessing firearms. They aim to leverage their recent narrow win in the Rahimi case to influence future rulings on Second Amendment challenges, particularly concerning 'as applied' challenges and avoiding individualized dangerousness assessments.

Chapters

  1. 00:00Major Breaking News: DOJ Supreme Court Filing
  2. 00:49Introduction: Mark Smith, Host
  3. 01:29DOJ's Supplemental Brief to Supreme Court
  4. 02:06Focus on 922g Prohibited Person Cases
  5. 02:40Understanding 18 USC 922g(1) - Felon in Possession
  6. 03:16Merrick Garland's Strategy Explained
  7. 04:18DOJ's Goals: Strike While Iron is Hot
  8. 04:43Rahimi Case: Narrow Win, Not Total Victory
  9. 05:20Taking on More 922g1 Cases
  10. 06:34What Merrick Garland Truly Wants
  11. 07:13Individualized Determinations vs. Legislative Fiat
  12. 08:54Biden Administration's Stance on Gun Rights
  13. 09:02Rahimi's Impact on As Applied Challenges
  14. 09:57Brian Range Case Example
  15. 10:36Rahimi's Favorability for Nonviolent Felons
  16. 11:45Rejection of 'Not Responsible' Disarmament
  17. 13:53Analysis of Other DOJ-Sought Cases
  18. 15:10Martha Stewart Example: Gun Rights Loss
  19. 15:19Drug Trafficking and Violence
  20. 16:07Drug Possession: A Closer Call
  21. 16:27Critical Takeaways from Rahimi: Temporary vs. Permanent
  22. 17:14Restoration of Rights for Past Offenses
  23. 17:52DOJ's Strategy: Strike While Iron is Hot
  24. 18:09Importance of 2024 Election for 2nd Amendment
  25. 19:17Preventing Bad Laws: The First Line of Defense
  26. 19:56Impact of Administration Changes on Legal Briefs
  27. 20:35Subscribe and Follow
  28. 20:42Upcoming Federalist Society Livestream

Frequently Asked Questions

What is the Department of Justice's main goal with its recent Supreme Court filing?

The DOJ aims to leverage its narrow win in the Rahimi case to influence the Supreme Court's interpretation of 18 USC 922g, the federal law prohibiting certain individuals from possessing firearms. They are seeking to take up multiple cases to broaden the definition of 'prohibited persons' and avoid individualized dangerousness assessments.

How does the Rahimi case ruling relate to 18 USC 922g?

The Rahimi ruling indicated that individuals found to be a credible threat of violence could be temporarily disarmed. This contrasts with 18 USC 922g, which imposes a permanent, lifetime ban for certain convictions, regardless of current threat levels. This distinction is crucial for 'as applied' challenges.

What is the significance of the Supreme Court's 9-0 ruling in Rahimi regarding 'responsibility'?

The Supreme Court unanimously rejected the argument that individuals deemed 'not responsible' could be disarmed. This is a significant win for Second Amendment advocates, as it prevents the DOJ from disarming citizens based on subjective interpretations of their responsibility, rather than specific dangerous actions.

What types of cases is the DOJ seeking to have the Supreme Court review regarding 18 USC 922g?

The DOJ is seeking review of cases involving various categories of prohibited persons, including those convicted of drug trafficking, nonviolent felonies (like welfare fraud), and violent crimes (murder, manslaughter, armed robbery). They aim to establish broader interpretations of who can be permanently disarmed under federal law.

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