So Maybe This is How They Will Disarm Us

Published on November 20, 2023
Duration: 8:36

This video explores evolving legal theories that could lead to civilian disarmament, focusing on how courts are interpreting the Second Amendment. It highlights the 'Bruen Test' and the challenge of finding historical analogues for modern gun control measures. The discussion centers on cases like Rocky Mountain Gun Owners v. Polis and the potential for courts to rule that the Second Amendment does not protect the acquisition of firearms, thereby circumventing historical analysis.

Quick Summary

Legal theories are emerging that could lead to civilian disarmament by arguing the Second Amendment protects the right to 'keep and bear arms' but not the right to lawfully acquire them. This approach allows courts to uphold gun control laws, like waiting periods, by claiming they don't implicate the Second Amendment's plain text, thus avoiding the need for historical analysis required by the Bruen Test.

Chapters

  1. 00:05Revisiting Civilian Disarmament Legal Theory
  2. 00:52Rocky Mountain Gun Owners v. Polis Case
  3. 01:27Civilian Disarmament Courts and the Bruen Test
  4. 02:04Problem of Historical Analogues
  5. 02:32Avoiding Historical Justification
  6. 03:11Judge John L. Kane and Colorado's Waiting Period
  7. 03:41Limits on Second Amendment Rights
  8. 04:37Circumventing Historical Analysis
  9. 05:51Concerns and Potential Implications
  10. 07:19Second Amendment Scope Concerns

Frequently Asked Questions

What is the core legal argument for civilian disarmament being discussed?

The core argument is that courts are interpreting the Second Amendment to protect the right to 'keep and bear arms' but not necessarily the right to lawfully acquire, obtain, or purchase firearms. This distinction could allow for significant restrictions on gun sales without directly violating the Second Amendment's plain text.

How does the Bruen Test impact gun control legislation analysis?

The Bruen Test requires the government to demonstrate that a gun control regulation is consistent with the nation's historical tradition of firearm regulation. If a regulation cannot find a historical analogue, it is likely unconstitutional. However, some courts are trying to avoid this analysis.

What is the significance of the Rocky Mountain Gun Owners v. Polis case?

This case challenges Colorado's three-day waiting period for firearm purchases. The legal strategy discussed suggests that courts might rule the Second Amendment doesn't cover the 'receipt of a paid-for firearm without delay,' thus upholding the waiting period without needing historical analysis.

How are courts attempting to circumvent historical analysis in gun control cases?

Some courts are attempting to circumvent the historical analysis required by the Bruen Test by first ruling that the plain text of the Second Amendment does not cover the specific activity regulated (e.g., firearm acquisition), thereby concluding the law doesn't implicate constitutional rights.

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