SUPREME COURT NEWS: "2nd Amendment Law Scholars" ARE TRYING TO ERODE 2A...

Published on September 2, 2023
Duration: 14:48

This video analyzes legal arguments presented in the US v. Rahimi Supreme Court case, focusing on how 'Second Amendment law scholars' are attempting to subtly alter the interpretation of Second Amendment rights. The speaker, a constitutional attorney, argues that a brief submitted by these scholars aims to introduce a new, stricter test for Second Amendment protections by adding the requirement that a firearm 'facilitate armed self-defense' to the existing 'common use' test. This, he contends, could be used by lower courts to more easily ban firearms like AR-15s, which are in common use but may be argued by opponents as not facilitating self-defense in the way the new test implies.

Quick Summary

In the US v. Rahimi case, 'Second Amendment law scholars' are attempting to alter the established 'common use' test by adding a requirement that firearms must also 'facilitate armed self-defense.' This legal strategy, discussed by constitutional attorney Mark Smith, could be used to erode Second Amendment protections and make it easier to ban commonly owned firearms.

Chapters

  1. 00:00Introduction to US v. Rahimi and 2A Concerns
  2. 00:51Mark Smith: Host, Constitutional Attorney
  3. 01:15Analyzing Briefs in US v. Rahimi
  4. 02:22The 'Second Amendment Law Scholars' Brief
  5. 03:02Rahimi Case Context: Restraining Orders & Gun Rights
  6. 04:04Critique of 'Facilitate Armed Self-Defense' Argument
  7. 04:31Heller's 'Common Use' Test Explained
  8. 06:14Bruen Case and 'Facilitate Armed Self-Defense'
  9. 07:08Defining 'Arm' in Heller and Bruen
  10. 08:00Burden Shift and Historical Tradition
  11. 09:07Anti-Gunners' Strategy: Conjunctive Test
  12. 10:31Impact on AR-15s and Common Use
  13. 11:43Dangers of 'Sloppy Language' in Opinions
  14. 12:29Merrick Garland's Role and Case Prioritization
  15. 13:53Political Implications of the Rahimi Case
  16. 14:15Conclusion: Watch for Harmful Legal Language

Frequently Asked Questions

What is the US v. Rahimi Supreme Court case about?

The US v. Rahimi case concerns whether individuals subject to domestic violence restraining orders forfeit their Second Amendment rights, specifically the right to possess firearms under federal law (18 USC 922 G8).

How are 'Second Amendment law scholars' trying to impact the 'common use' test?

These scholars are attempting to add a new requirement to the 'common use' test, asserting that a firearm must not only be in common use but also 'facilitate armed self-defense' to be protected by the Second Amendment.

What is the significance of the 'facilitate armed self-defense' phrase in legal arguments?

While the phrase appears in Bruen regarding the definition of 'arms,' its proponents in the Rahimi case aim to use it as a second, more restrictive prong of the 'common use' test, potentially making it harder to protect commonly owned firearms.

Why is the 'in common use' test important for Second Amendment rights?

The 'in common use' test, established in Heller, protects firearms that are widely owned by Americans for lawful purposes, preventing them from being banned. It's considered a historical test reflecting the understanding at the time of the Second Amendment's ratification.

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