NY 2A Desperation: Anti-Gun Historical Arguments Fail to Justify Gun Control

Published on August 26, 2022
Duration: 9:24

This video analyzes New York's attempts to justify recent gun control laws by citing historical arguments from before and during the American Revolution. The speaker, Mark Smith, a constitutional attorney, argues that these historical analogies, such as bans on trading firearms with Native Americans or Loyalists, and restrictions based on religious affiliation (Catholics), are not applicable to modern domestic gun control. He emphasizes that the Second Amendment, derived from the English Bill of Rights, was intentionally broadened by James Madison to protect the rights of 'the people' universally, not just specific groups.

Quick Summary

New York is using historical laws from before and during the American Revolution, such as bans on trading firearms with Native Americans and Loyalists, and historical discrimination against Catholics, to justify its current gun control measures. However, constitutional attorney Mark Smith argues these are wartime or discriminatory precedents irrelevant to modern domestic gun control.

Chapters

  1. 00:00Introduction: 2A Challenges in America
  2. 00:06Gun Owners of America Lawsuit in New York
  3. 00:19Focus on Historical Analogous Laws
  4. 00:35Mark Smith: Host of The Four Boxes Diner
  5. 00:56Anti-Gun Arguments by New York
  6. 01:09NYSRA v. Bruin and New Gun Laws
  7. 01:24New York's Reliance on Pre-Revolutionary Laws
  8. 02:02Historical Law 1: Banning Trade with Native Americans/Tories
  9. 02:16Analogy to WWII Arms Embargoes
  10. 02:41Distinction: Foreign Wars vs. Domestic Control
  11. 02:57Historical Law 2: Discrimination Against Catholics
  12. 03:03Origin of the Second Amendment: English Bill of Rights
  13. 03:30King James II and the Glorious Revolution
  14. 04:16English Declaration of Rights (1689)
  15. 04:36Protestant Control and Catholic Disarmament
  16. 05:16New York Cites English Discrimination
  17. 05:30Heller Decision and US Rights
  18. 05:41Second Amendment vs. English Declaration
  19. 05:50James Madison's Amendments to English Rights
  20. 06:12Madison's Critique: 'The People'
  21. 07:01Recap: Flawed Historical Analogies
  22. 07:11Restricting Firearms to Indians: Wartime Context
  23. 07:53Catholic Discrimination Argument Debunked
  24. 08:33Desperate Arguments from Anti-Gunners
  25. 08:50The Right to Bear Arms is Fundamental
  26. 09:00Conclusion from The Four Boxes Diner

Frequently Asked Questions

What historical arguments does New York use to justify its gun control laws?

New York attempts to justify its gun control laws by referencing historical precedents such as bans on trading firearms with Native Americans and Loyalists during the pre- and post-Revolutionary War periods, and historical discrimination against Catholics under the English Bill of Rights of 1689.

Why are historical bans on trading firearms with Native Americans or Loyalists not valid arguments for modern gun control?

These historical bans were primarily wartime measures against those considered enemies or adversaries, such as during conflicts with Native American tribes or the fight against Loyalists. They are distinct from contemporary domestic gun control policies aimed at the general populace.

How does James Madison's framing of the Second Amendment differ from the English Bill of Rights?

James Madison used the phrase 'the people' in the Second Amendment to ensure the right to keep and bear arms applied universally, unlike the English Bill of Rights which historically discriminated against certain groups, such as Catholics, and could be repealed by Parliament.

What is the significance of the Bruin decision in relation to New York's gun control laws?

The Bruin decision by the Supreme Court has led to numerous Second Amendment challenges against gun control laws across the United States. New York's recent gun control measures are being challenged in light of this decision, with the state attempting to use historical arguments to defend them.

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