MUST SEE 2A VIDEO: HOW TO ARGUE "INFRINGEMENT" IN 2A LAWSUITS…

Published on February 26, 2024
Duration: 11:51

This video, hosted by constitutional attorney Mark Smith, delves into the precise legal definition of 'infringement' as it pertains to the Second Amendment. By examining 18th-century dictionaries used by the Supreme Court in Heller v. D.C., Smith argues that any hindrance or restriction on the right to keep and bear arms constitutes an infringement. This interpretation shifts the burden to the government to justify modern gun control laws with historical precedent.

Quick Summary

In Second Amendment law, 'infringe' means to hinder, destroy, or violate, according to 18th-century dictionaries like those by Samuel Johnson, Noah Webster, and Thomas Sheridan. This definition implies that any restriction on the right to keep and bear arms constitutes an infringement, shifting the burden to the government to justify modern gun control laws historically.

Chapters

  1. 00:00Introduction: Defining 'Infringement'
  2. 00:28Host Introduction: Mark Smith
  3. 00:50Supreme Court Has Not Defined 'Infringed'
  4. 01:07The Second Amendment: A Pre-existing Right
  5. 01:25The Meaning of 'Shall Not Be Infringed'
  6. 01:36Why Defining Infringement Matters for Lawsuits
  7. 01:56Dictionary Definitions from the 18th Century
  8. 02:18Heller v. D.C. Case Overview
  9. 03:03Defining the Words of the Second Amendment
  10. 03:19Three Key Sources for Definitions
  11. 03:34Samuel Johnson's Dictionary (1773)
  12. 05:00Johnson's Definition of 'Infringe'
  13. 05:36Johnson's Definition of 'Arms'
  14. 06:16Noah Webster's Dictionary (1828)
  15. 07:00Webster's Definition of 'Arms'
  16. 07:46Webster's Definition of 'Infringe'
  17. 08:20Thomas Sheridan's Dictionary (1780)
  18. 09:18Sheridan's Definition of 'Infringe'
  19. 10:07Conclusion: Any Hindrance is Infringement
  20. 10:22Burden Shifts to Government
  21. 11:14Outro and Channel Information

Frequently Asked Questions

What is the legal definition of 'infringement' for the Second Amendment?

Based on 18th-century dictionaries like those by Samuel Johnson, Noah Webster, and Thomas Sheridan, 'infringe' means to hinder, destroy, or violate. Therefore, any restriction or hindrance on the right to keep and bear arms constitutes an infringement under the Second Amendment.

Which dictionaries did the Supreme Court use in Heller v. D.C. to define Second Amendment terms?

The Supreme Court in Heller v. D.C. relied on 18th-century dictionaries, specifically mentioning Samuel Johnson's (1773), Noah Webster's (1828), and Thomas Sheridan's (1780) works to define terms like 'arms' and 'bear'.

What is the significance of defining 'infringement' for Second Amendment cases?

Defining 'infringement' as any hindrance is crucial for Second Amendment litigation. It means that if a gun control law restricts this right, the government must then prove its law is consistent with historical legal traditions, which is often difficult.

How does the definition of 'infringe' impact modern gun control laws?

If 'infringe' means to hinder, then virtually any modern gun control law that restricts or hinders the right to keep and bear arms is a violation of the Second Amendment. This places a significant burden on the government to justify such laws historically.

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