ODD COINCIDENCE: DOJ Warns SCOTUS of Dangerous "Mentally Ill" Gun Owners Hours Before Maine Shooting

Published on October 27, 2023
Duration: 13:42

This analysis by constitutional attorney Mark Smith highlights a concerning coincidence between a DOJ brief on restricting gun rights for 'mentally ill' individuals and a mass shooting in Maine. Smith argues that the government's failure to effectively enforce existing laws like 18 U.S.C. § 922(g)(4) or to properly utilize civil commitment procedures demonstrates a lack of trustworthiness in protecting citizens, regardless of the specific scenario.

Quick Summary

Constitutional attorney Mark Smith highlights the coincidence of a DOJ brief on restricting gun rights for 'mentally ill' individuals preceding the Maine mass shooting. He questions the government's effectiveness in enforcing laws like 18 U.S.C. § 922(g)(4) and utilizing civil commitment, suggesting a lack of trust in government protection.

Chapters

  1. 00:00DOJ Brief and Maine Shooting Coincidence
  2. 00:31Speaker Introduction and Background
  3. 00:51DOJ Brief in Rahimi Case
  4. 01:21DOJ Argument on Second Amendment Limits
  5. 02:0218 U.S.C. § 922(g)(4) Explained
  6. 02:30Maine Shooter Background
  7. 03:34Government Knowledge and Inaction
  8. 04:05Two Scenarios for Government Failure
  9. 04:38Historical Context of Gun Control
  10. 05:21Government Untrustworthiness
  11. 06:00DOJ Budget and Civil Commitment
  12. 06:57Enforcement Statistics of 922(g)(4)
  13. 09:26Conclusion on Government Failure
  14. 10:26Boston Marathon Bombing Analogy
  15. 11:29Founding Fathers and Militia Concept
  16. 12:01Nashville Shooting Manifesto
  17. 13:13Concluding Remarks

Frequently Asked Questions

What is the significance of the DOJ's brief in the 'United States v. Rahimi' case?

The DOJ's brief in the 'United States v. Rahimi' case supports restricting Second Amendment rights for individuals subject to domestic violence restraining orders, arguing that a broad interpretation of the Second Amendment could invalidate statutes like those prohibiting firearm possession by individuals committed to mental institutions.

What are the enforcement statistics for 18 U.S.C. § 922(g)(4)?

Enforcement of 18 U.S.C. § 922(g)(4), which prohibits firearm possession by individuals committed to mental institutions, shows very low conviction rates, averaging only 6-16 times per year between 2008 and 2017.

What concerns does the speaker raise about government action regarding the Maine shooter?

The speaker questions how the government, aware of the Maine shooter's mental health issues and expressed intentions of mass shootings, allowed him to be released from a mental institution and subsequently commit the act, highlighting potential failures in civil commitment or enforcement.

What historical perspective is offered on gun control laws?

The speaker references Cesare Beccaria and the Founding Fathers to suggest that historical understanding indicates criminals will not adhere to gun control laws, a concept understood even before the Second Amendment's ratification.

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