Supreme Court NEW Decision On HANDGUN BAN LAW!

Published on November 25, 2023
Duration: 40:07

This video analyzes recent court decisions impacting firearm laws, particularly focusing on the Fourth Circuit's ruling against Maryland's handgun licensing requirements. It highlights how the Supreme Court's Bruen decision is influencing lower courts to scrutinize and strike down regulations that do not align with historical firearm traditions. The discussion emphasizes the shift in legal interpretation towards a stricter textualist approach to the Second Amendment.

Quick Summary

The US Court of Appeals for the Fourth Circuit has ruled Maryland's handgun licensing law unconstitutional, stating it lacks historical precedent and infringes upon Second Amendment rights. This decision, influenced by the Supreme Court's Bruen ruling, challenges lengthy waiting periods and preliminary licensing requirements for handgun acquisition.

Chapters

  1. 00:00Introduction to Handgun Ban Law Decision
  2. 00:11October Decision and Court Composition
  3. 00:18Las Vegas Incident Context
  4. 00:25New York Firearms Law Struck Down
  5. 00:39Fourth Circuit Ruling on Maryland Handgun Regulations
  6. 00:54Significance of Fourth Circuit Precedents
  7. 01:01Impact of Landmark Supreme Court Decision
  8. 01:15New Arm Restrictions and Setbacks
  9. 01:32Maryland Law Licensing Requirements Unconstitutional
  10. 01:45Oregon Ballot Initiative Ruling
  11. 02:00Arm Owners of America Reaction
  12. 02:15Eric Pratt's Statement
  13. 02:32Rising Gun Ownership Poll
  14. 02:40Anti-Rights Party Tactics
  15. 02:55Maryland Gun Law Struck Down
  16. 03:07Second Amendment Freedom
  17. 03:18Legal Scholars' Perspectives
  18. 03:37Unmistakable Trend in Judicial Interpretation
  19. 03:48Zeitgeist of the Courts
  20. 03:55Jacob D. Charles on Expansive Second Amendment Reading
  21. 04:15Bruen v. New York State Rifle and Pistol Association
  22. 04:33Supreme Court's 6-3 Decision in Bruen
  23. 04:41Justice Clarence Thomas's Assertion
  24. 05:01Majority Ruling and Historical Context
  25. 05:15Reliance on History Disingenuous
  26. 05:25Shocking Removal of Rights
  27. 05:30Lower Courts Struggling with Bruen
  28. 05:49Supreme Court Considering Narrowing Bruen
  29. 05:55United States v. Rahimi Case
  30. 06:05Surge in Lawsuits Challenging Arm Laws
  31. 06:18New Laws Being Litigated
  32. 06:36Illinois Ban on High Power Arms
  33. 06:52Republican Appointed Judges Striking Down Laws
  34. 07:05Maryland Case Split Decision
  35. 07:13Justice Thomas's Advocacy for Second Amendment
  36. 07:27Mass Shooting in Buffalo Context
  37. 07:36New York Officials' Concerns
  38. 07:51NRA Statement on Fourth Circuit Decision
  39. 08:10Oregon Case vs. Second Amendment
  40. 08:17Harney County Voters' Decision
  41. 08:27Judge Robert S. Rashio's Ruling
  42. 08:45Oregon Attorney General's Pledge to Appeal
  43. 09:01Eric Turell on Post-Bruen Ping Pong
  44. 09:13Need for Additional Clarity from Supreme Court
  45. 09:18Two Unfortunate Decisions
  46. 09:26Positive Signals for Arm Safety
  47. 09:31Arms and Domestic Crime Protection Orders
  48. 09:37Supreme Court Accepting Second Amendment Cases
  49. 09:41United States v. Rahimi Case Details
  50. 09:4618 USC 922 G8 Prohibition
  51. 10:11Rahimi Incident and Threats
  52. 10:21Texas Domestic Crime Restraining Order
  53. 10:31Search of Rahimi's Home
  54. 10:36Rahimi's Guilty Plea
  55. 10:49Fifth US Circuit Court of Appeals Ruling
  56. 10:54Bruen Decision's Impact on Rahimi Case
  57. 11:13Bruen Standard Application
  58. 11:16Second Amendment's Plain Text
  59. 11:27Government Justification for Regulation
  60. 11:34Second Amendment Text
  61. 11:42President Biden Circumventing Congress
  62. 11:45Bill Banning Common Use Weapons
  63. 11:52Accessories Increasing Rate of Fire
  64. 11:57Supreme Court Declined to Hear Cases
  65. 12:04Preventing Mass Shootings
  66. 12:09Banning Activity Legal Since Before Constitution
  67. 12:17Fifth Circuit Reasoning on Rahimi
  68. 12:29Federal Statute Impermissibly Infringing Rights
  69. 12:35Rahimi's Conviction Thrown Out
  70. 12:38Rahimi's Arguments on Second Amendment
  71. 12:52Government's Argument on Credible Threat
  72. 13:0525 States Filing Amici Brief
  73. 13:14Reversing Fifth Circuit's Ruling
  74. 13:21Regulating Arms Ownership by Dangerous Individuals
  75. 13:29Undermining State Public Safety Objectives
  76. 13:36Arms Issues and the First Amendment
  77. 13:41NRA v. Volo Case
  78. 13:50Parkland Mass Slaying Aftermath
  79. 14:01Department Guidance Memoranda
  80. 14:12NRA Claims Guidance Memos Were Threats
  81. 14:23Second US Circuit Court of Appeals Ruling
  82. 14:39Government Officials' Duty to Address Public Concern
  83. 14:48Impact on State Government Employees
  84. 14:55Arms and Chevron Difference
  85. 14:59Garland v. Cargill Case
  86. 15:03Legality of Bump Stocks
  87. 15:12Las Vegas Mass Slaying Device
  88. 15:27Las Vegas Music Festival
  89. 15:31Ban on Rifles Used in Mass Killings
  90. 15:38Supreme Court Rejected Challenge to Bump Stock Ban
  91. 15:44Gun Violence Everywhere
  92. 15:47Gunman's Device in Las Vegas
  93. 15:55Las Vegas Incident and Knee-Jerk Reaction
  94. 16:01Gun Safety Advocates' Victory
  95. 16:03Arm Owners Protection Act of 1986
  96. 16:05Illegal to Own Machine Gun
  97. 16:08Ambiguity of Statute on Bump Stocks
  98. 16:17Trump Administration's Department of Justice
  99. 16:21Bump Stocks Covered by Machine Gun Ban
  100. 16:24Chevron Doctrine
  101. 16:31Deferral to DOJ's Rule
  102. 16:36Court Reexamining Chevron
  103. 16:41Legalize Bump Stocks
  104. 16:45Weapons Ban Ruling
  105. 16:52Ban is Constitutional
  106. 16:55Supreme Court Considers Bump Stock Ban Challenge
  107. 17:00Administration Issued Ban on Bump Stocks
  108. 17:05Challenged by Gun Right Advocates
  109. 17:07Regulations to Ban Devices Turning Weapons into Machine Guns
  110. 17:14Ban Violated Federal Law
  111. 17:17Changing Bump Stock
  112. 17:19Bump Stock Owners Required to Destroy or Turn In
  113. 17:25Two Related Cases Pending
  114. 17:28Ciari Gettis v. Bureau of Alcohol Tobacco Firearm and Explosives
  115. 17:34Garland v. Harden
  116. 17:37Legality of Bump Stock Devices
  117. 17:48Supreme Court Taking Up Challenge
  118. 17:49Federal Law Prohibiting Possession by Restrained Individuals
  119. 18:00Justices Hearing Arguments
  120. 18:03First Case About Arms Since Bruen
  121. 18:08Federal Appeals Court in New Orleans Struck Down Law
  122. 18:12Supreme Court's Bruen Decision
  123. 18:15Bruen Ruling Expanded Gun Rights
  124. 18:22Changed How Courts Evaluate Restrictions
  125. 18:27New York Concealed Carry Permit
  126. 18:34Conservative Judges Control Supreme Court
  127. 18:39Americans Have Fundamental Right to Carry Firearms in Public
  128. 18:44Strikes Down New York Firearms Law
  129. 18:49Victory for Pro-Gun Advocates
  130. 18:53Century Old Law
  131. 19:03People Protecting Themselves Against Tyrannical Government
  132. 19:07Justice Clarence Thomas's Opinion
  133. 19:09Tossed Out Balancing Test
  134. 19:16Weighing Historical Tradition of Arm Regulation
  135. 19:27Ghost Guns Bill
  136. 19:32Purchase Concealed Weapon
  137. 19:36New York State Second Amendment
  138. 19:40Special Reason for Carrying Gun
  139. 19:46Restrictive Laws
  140. 19:48Automatic Rifles
  141. 19:51Bruen Decision Lower Court Rulings
  142. 19:55Striking Down Laws
  143. 19:57Age Restrictions
  144. 20:00Bans on Homemade Ghost Guns
  145. 20:03Prohibitions on Arm Ownership for Felons
  146. 20:07Widespread Ripple Effects
  147. 20:11Hunter Biden Prosecution
  148. 20:16Charged with Buying Arm While Addicted to Drugs
  149. 20:20Challenge Indictment as Invalid
  150. 20:23Bruen Decision Impact
  151. 20:26Votes of Chief Justice John Roberts and Justice Brett Kavanaugh
  152. 20:35Kavanaugh Wrote Separately
  153. 20:37Not Every Arm Restriction is Unconstitutional
  154. 20:43Case Involves Zachariah Rahimi
  155. 20:48Rahimi Hit Girlfriend
  156. 20:55Court Papers
  157. 21:02Justice Department Brief
  158. 21:06Protective Order Against Him
  159. 21:12Rahimi Suspect in Additional Incidents
  160. 21:16Police Searched His Apartment
  161. 21:19Pleaded Guilty to Violating Federal Law
  162. 21:21Appeals Court Overturned Conviction
  163. 21:26Supreme Court Agreed to Hear Appeal
  164. 21:30Governor of New York Statement
  165. 21:34Biden's Regulations Dangerous Infringements
  166. 21:39Go into Everyone's Home
  167. 21:43Not Stop Criminals
  168. 21:47Make Us Less Safe
  169. 21:49Supreme Court Voted to Expand Gun Possession Rights
  170. 21:54Person Might Have Used Product
  171. 21:56American Way to Protect America
  172. 21:58New Gun Safety Laws
  173. 22:02No Vote on New Legislation
  174. 22:05Rahimi Remains Jailed
  175. 22:09Supreme Court Agreed to Hear His Case
  176. 22:14Stay Away from All Arms and Weapons
  177. 22:18New York Times Report
  178. 22:20Arms Used in Slainings of Spouses
  179. 22:34Women Shot and Slain by Intimate Partners
  180. 22:39Every Town for Gun Safety
  181. 22:41Overturning Maryland's Stringent Handgun Licensing
  182. 22:46US Federal Court of Appeals for the Fourth Circuit
  183. 22:53Maryland Shall Issue v. Hogan
  184. 23:07Major Win for the Second Amendment
  185. 23:12Judge Richardson's Opinion
  186. 23:17Handgun Acquisition in Maryland
  187. 23:21Armed Transfer Requirements
  188. 23:31Maryland's 77R Registration Process
  189. 23:38Wait 7 Days for Background Check
  190. 23:43Carry Your Handgun Permit
  191. 23:48Additional Preliminary Step for Handguns
  192. 23:56Handgun Qualification License
  193. 24:01Criminalizes Gun Ownership
  194. 24:04Violent Crime Spiraled Out of Control
  195. 24:07Maryland Passed Handgun Licensing Law
  196. 24:12Submit Fingerprints for Background
  197. 24:15State Ordered to Stop Enforcing Law
  198. 24:17Firearm Safety Course
  199. 24:20Wait Up to 30 Days for License
  200. 24:24State Not Indicated Appeal Plans
  201. 24:28Maryland Shall Issue Challenge in Court
  202. 24:33License Requirements
  203. 24:404-Hour Arm Safety Training Course
  204. 24:47Submit Application for Extra License
  205. 24:54Enjoin State from Enforcing Preliminary Requirement
  206. 25:02Plaintiff's Challenge Must Succeed
  207. 25:06Second Amendment Victory in Fourth Circuit
  208. 25:08Statute Limits Capacity of Law
  209. 25:13Prohibiting Adult Citizens from Carrying Arms
  210. 25:15No Historical Precedent
  211. 25:20Maryland Acknowledged Inability to Locate Precedent
  212. 25:26Supreme Court's New Bruen Test
  213. 25:30Maryland Law Fails
  214. 25:33Enjoin Its Enforcement
  215. 25:36Reverse District Court's Conclusion
  216. 25:40Significant Victory for Second Amendment
  217. 25:43US Supreme Court Expanding Gun Rights
  218. 25:45Striking Down New York Law
  219. 25:4815-Round Limit for Handguns
  220. 25:52People on Both Sides of the Issue
  221. 25:54Supreme Court Ruling on Public Carry
  222. 26:00Fundamental Right to Carry Firearms in Public
  223. 26:02Right to Carry a Gun Outside Home
  224. 26:06Legal Staff and Legislative Leadership
  225. 26:10Legislation to Be Heard Next Week
  226. 26:13Age Limit or Bans on Certain Guns
  227. 26:19Concluding Paragraph
  228. 26:21Law-Abiding Citizens Wait for State Approval
  229. 26:32Tradition of Banning Dangerous People
  230. 26:36Mechanism Matters Under Second Amendment
  231. 26:39Maryland Not Cited Historical Laws
  232. 26:43Presumptively Depriving All Citizens of Arms
  233. 26:48Maryland Not Demonstrated Consistency with Historical Tradition
  234. 26:55Plaintiff's Challenge Must Succeed
  235. 27:00Lower Court's Decision Unacceptable
  236. 27:04Huge Win for Pro-Gun Advocates
  237. 27:09Century Old Law and Specific Types of Rifles/Handguns
  238. 27:1250 Caliber Guns
  239. 27:14Rapid Firing Devices
  240. 27:17Do Not Have to Prove Special Need for Self-Defense
  241. 27:19California Similar Law
  242. 27:25Dangerous Decision from Supreme Court
  243. 27:28NYPD Criteria for Carry Permit
  244. 27:35Unconstitutional
  245. 27:37Other States Following Suit
  246. 27:40California, Massachusetts
  247. 27:43Key Rationale
  248. 27:47Fourth Circuit Court of Appeals
  249. 27:51Terrible Circuit for Arm Rights
  250. 27:56State of Maryland Seeking En Banc Review
  251. 28:00Delaying This
  252. 28:07Pathetic Court on Second Amendment
  253. 28:11Maryland's Strategy
  254. 28:16Digress Briefly
  255. 28:18Maryland Law
  256. 28:22Baltimore Safe Community
  257. 28:30Argument About Maryland Assault Weapon Ban
  258. 28:37Concealed Carry Laws in California
  259. 28:42Gun Laws Must Be Consistent with Historical Tradition
  260. 28:49Alex Case
  261. 28:50Carry Concealed Weapon Permit
  262. 28:55Justify It
  263. 28:59Right to Possess a Handgun
  264. 29:01Bill Written with Constitutionality in Mind
  265. 29:03Based on Bills in Other States
  266. 29:07Need the Gun for Self-Defense
  267. 29:09Broadened Gun Rights
  268. 29:12No Decision on Beon Case
  269. 29:14Speculation
  270. 29:17Assault Weapon Case
  271. 29:23Games Going On Within That Court
  272. 29:32Assault Weapon Ban Case
  273. 29:37Argued Months Before This Case
  274. 29:41No Decision Rendered
  275. 29:44Judge on the Ban Panel
  276. 29:49Games Going On in Fourth Circuit
  277. 29:56Other Great News
  278. 29:58Maryland Shall Issue Victory
  279. 30:02Independence Institute
  280. 30:04Arm Policy Coalition
  281. 30:06Maryland Shall Issue Group
  282. 30:12Reason Why People Like This Opinion
  283. 30:18Precedence and Statements
  284. 30:22Second Amendment Plaintiffs
  285. 30:26Apply the Second Amendment Correct
  286. 30:29New Bill in Texas
  287. 30:36Illinois Supreme Court
  288. 30:39Following Precedent
  289. 30:46Dark Day
  290. 30:49Shocking They Have Taken Away Our Rights
  291. 30:54Supreme Court Justices
  292. 30:58Parks
  293. 31:03Argument by Maryland
  294. 31:05Right to Keep and Bear Arms Not Totally Destroyed
  295. 31:09Total Destruction of the Right
  296. 31:12Plain Text of Second Amendment
  297. 31:15Burden Shifts to Government
  298. 31:17Historical Analoges
  299. 31:27Government Cannot Win
  300. 31:30Victory for Second Amendment Rights
  301. 31:33Second Amendment Plaintiff
  302. 31:37Implicate the Text of the Second Amendment
  303. 31:41Burden Shifts to Government
  304. 31:45Government Cannot Win Major Arm Control Laws
  305. 31:51Few Arm Control Laws in 1791
  306. 31:57Fundamental Right to Keep and Bear Arms
  307. 32:03State and Country Thought This Was Not a Right
  308. 32:09Carry a Handgun Without a Permit
  309. 32:14Lingering Questions About Rules
  310. 32:16Adults Legally Carry Handgun Without Training
  311. 32:20Lawmakers Passed Bill
  312. 32:23No Other Right Requires Showing Need
  313. 32:29Does Not Change Where You Can Carry
  314. 32:32Eliminates Requirement from Governor
  315. 32:36Hard to Be Realistic
  316. 32:38Still Have to Apply
  317. 33:29Law-Abiding Citizens Wait for Government Approval
  318. 33:35Acquire Handgun
  319. 33:37No Historical Analog Supporting This
  320. 33:42PD Unveiled Emergency Rules
  321. 33:44Carry Concealed Weapons in the City
  322. 33:48Strikes Down New York Firearms Law
  323. 33:50Show Special Need to Carry Gun
  324. 33:55Police Department Supplement Rule
  325. 34:03Backed by Supreme Court Ruling
  326. 34:07Issue or Not Issue Based on Criteria
  327. 34:13Good News for States Like Maryland, New York, New Jersey
  328. 34:19Long Delays Getting Handgun Permit
  329. 34:24Powerful Precedent
  330. 34:26No Basis for Delay
  331. 34:30Inconvenient for Government
  332. 34:34Government Lazy, Sloppy, or Inefficient
  333. 34:38Delay is an Infringement
  334. 34:41Hinders Right to Keep and Bear Arms
  335. 34:47Specifically Rejected Analogous Laws
  336. 34:50Prohibit Dangerous Individuals
  337. 34:53Maryland Law Applies to Everyone
  338. 34:58Not Specific to Dangerous Individuals
  339. 35:00HB 189 Bill
  340. 35:03Carry Concealed Without a Permit
  341. 35:07GOP Backed Bill
  342. 35:09No Longer Require Permit
  343. 35:14Less Restrictive Manners
  344. 35:20Anticipating This Moment
  345. 35:22Working Closely with Attorney General
  346. 35:27Maintain Second Amendment Rights
  347. 35:30Continue to Give People Rights
  348. 35:32Challenges More Likely to Succeed
  349. 35:37All American Citizens in Maryland
  350. 35:39Pre-Approval for Handgun
  351. 35:41No Historical Analog for Pre-Approval
  352. 35:45Dangerous People Restricted
  353. 35:49Ordinary People
  354. 35:56Rules Don't Apply
  355. 35:59State Relied on Militia Service Laws
  356. 36:03Requirements Associated with Militia Service
  357. 36:06Fourth Circuit Right Point
  358. 36:08Militia Training Laws
  359. 36:10People in the Militia
  360. 36:12Don't Apply to Everyone
  361. 36:14Own Arms
  362. 36:16Over the Age of 45
  363. 36:19Woman
  364. 36:21Militia Training Laws Didn't Apply to Everyone
  365. 36:25Obligations to the Militia
  366. 36:29Not to All Arm Owners
  367. 36:33Not a Proper Analog
  368. 36:36Militia Service Requirements
  369. 36:38Forcing Everyone Through Pre-Arm Acquisition Background Check
  370. 36:47Preparing for Potential Lawsuits
  371. 36:50Permits Not Issued
  372. 36:52Dudley Browns
  373. 36:55Expedited Permit
  374. 36:57Rights Come Responsibilities
  375. 36:59Responsible Gun Laws
  376. 37:01Reasonable Restrictions
  377. 37:06Immediate Reaction from New York Governor
  378. 37:08Don't Have Bill in Writing
  379. 37:10Format in Coordination with Bruen Case
  380. 37:12Expect Everyone to Have a Gun
  381. 37:15Good Guy with a Gun
  382. 37:17Advantages
  383. 37:19Still Have to Go Through Federal Background Check
  384. 37:24Purchase a Weapon
  385. 37:26Effect September 1st
  386. 37:29Recently Rejected
  387. 37:32Current Statute
  388. 37:34Section Three of Heller Decision
  389. 37:37Heller Not Designed for Getting Rid of Long-Standing Rules
  390. 37:39Felons in Possession
  391. 37:44Dicta
  392. 37:50Anti-Gun Lawyers and Judges
  393. 37:52View as Binding Law
  394. 37:56Ignore Pro Second Amendment Discussions
  395. 37:59Specific Exceptions
  396. 38:09Fourth Circuit Decision Rejected Reliance on Bruen Footnote
  397. 38:11Shall Issue Licensing
  398. 38:13Language is Dicta
  399. 38:18Not Official Finding or Ruling
  400. 38:20Holding by the Supreme Court
  401. 38:23Concluded They Had to Do Their Analysis
  402. 38:27Simply No Historical Analoges
  403. 38:31Justify This Maryland Law
  404. 38:37Court Said Forcing People Through Process
  405. 38:3930-Day Long Process
  406. 38:41Hindrance to the Right to Keep and Bear Arms
  407. 38:45Delays Ability to Get an Arm
  408. 38:47Protect Yourself
  409. 38:50Bill Goes to the Senate
  410. 38:53Future is Unclear
  411. 38:55Chamber Refused to Take Up Similar Proposal
  412. 38:58Gun Crimes in New York
  413. 39:00People Who Do Not Have Gun Permits
  414. 39:04Watching Around the World
  415. 39:06Surprised After Those Events
  416. 39:08Legislators Told Me
  417. 39:10Hearing on Tuesday
  418. 39:12Discuss New Legislation
  419. 39:14Potential Gunfree Zones
  420. 39:17Few Court Cases
  421. 39:19Issue Permits Even With New Law
  422. 39:24Doesn't Mean Anyone Can Carry Any Gun Anywhere Anytime
  423. 39:27CBS 2's Alicia Reed
  424. 39:29New Guidelines
  425. 39:31What It Means for Gun Owners
  426. 39:33Constituted a Hindrance
  427. 39:35Triggered the Text of the Second Amendment
  428. 39:37Burden Shifted to the Government
  429. 39:41Maryland's Analogies Dealt with Dangerous Militia Members
  430. 39:43Did Not Justify Making Entire State Go Through Process
  431. 39:47Procedure Cannot Uphold Nation's Tradition
  432. 39:50Deemed Unconstitutional
  433. 39:56Bruen Standard
  434. 39:59Heller Standard
  435. 40:01All for This Video

Frequently Asked Questions

What was the Fourth Circuit's ruling on Maryland's handgun licensing law?

The US Court of Appeals for the Fourth Circuit ruled that Maryland's handgun licensing law was unconstitutional. This law required individuals to obtain a preliminary handgun qualification license, involving fingerprints, background checks, and a safety course, before they could even begin the process of acquiring a handgun.

How does the Supreme Court's Bruen decision impact firearm laws?

The Bruen decision shifted the legal standard for firearm regulations, requiring them to be consistent with the nation's historical tradition of firearm regulation. This has led lower courts, like the Fourth Circuit, to scrutinize and often strike down laws that do not have clear historical precedent, such as lengthy waiting periods for permits.

What are the implications of the ruling against Maryland's handgun law for gun owners?

The ruling implies that lengthy delays and burdensome preliminary requirements for obtaining a handgun, like those in Maryland's law, may be unconstitutional infringements on the Second Amendment. It suggests that such regulations must have a strong historical basis and cannot simply be justified by public safety concerns without that historical link.

Why was Maryland's handgun licensing law deemed unconstitutional?

The court found that Maryland's law failed to demonstrate a historical tradition of firearm regulation that would justify its extensive preliminary licensing requirements and waiting periods. The state could not provide sufficient historical analogs for a regime that presumptively deprived all citizens of arms pending government approval.

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