SUPREME COURT NEWS: THE DOJ'S PRO-GUN CONTROL EXAGGERATIONS IN SCOTUS RAHIMI CASE...

Published on August 30, 2023
Duration: 19:05

This video analyzes the Supreme Court case United States v. Rahimi, focusing on the Department of Justice's arguments regarding 18 U.S.C. § 922(g)(8), which prohibits individuals subject to domestic violence restraining orders from possessing firearms. The speaker, Mark Smith, a constitutional attorney, argues that the DOJ has exaggerated the public safety importance of this law, presenting data that shows very low conviction rates for violations of § 922(g)(8) compared to other federal firearms statutes like § 922(g)(1) concerning felons in possession. The analysis highlights the legal arguments concerning Second Amendment rights and historical analysis, as well as the DOJ's strategic choices in pursuing this case.

Quick Summary

18 U.S.C. § 922(g)(8) prohibits firearm possession by individuals under domestic violence restraining orders. Data from 2013-2017 shows only 121 convictions nationwide for this law, contrasting sharply with nearly 27,000 convictions for felon-in-possession laws during the same period, suggesting the DOJ may be exaggerating its public safety importance in the Rahimi Supreme Court case.

Chapters

  1. 00:00Introduction: Rahimi Case & DOJ Exaggerations
  2. 01:10US v. Rahimi Case Overview
  3. 01:53Details of the Rahimi Restraining Order
  4. 04:06Rahimi Caught with Firearm: Federal Charge
  5. 05:10Fifth Circuit Ruling on 922(g)(8)
  6. 06:34DOJ's Reaction and Supreme Court Appeal
  7. 07:00Analyzing Public Safety Claims: The Data
  8. 07:19Conviction Statistics for 922(g)(8) (2013-2017)
  9. 11:21Long-Term Conviction Statistics for 922(g)(8) (1999-2022)
  10. 13:28DOJ's Hyperbole vs. Actual Law Usage
  11. 13:42Comparison: 922(g)(8) vs. 922(g)(1) (Felons in Possession)
  12. 15:01Conviction Numbers: 922(g)(1) vs. 922(g)(8)
  13. 16:16DOJ's Strategy: Browbeating the Supreme Court
  14. 17:15Conclusion: Rahimi Case & Public Safety

Frequently Asked Questions

What is 18 U.S.C. § 922(g)(8) and why is it relevant to the Rahimi Supreme Court case?

18 U.S.C. § 922(g)(8) is a federal law prohibiting individuals subject to a domestic violence restraining order from possessing firearms. The Rahimi case challenges the constitutionality of this law, with the DOJ arguing for its importance to public safety.

What data is presented regarding the enforcement of 18 U.S.C. § 922(g)(8)?

Data from 2013-2017 shows only 121 convictions for violating § 922(g)(8) nationwide. Over a 24-year period (1999-2022), there were 707 convictions, averaging about 30 per year, suggesting low enforcement.

How does the enforcement of 18 U.S.C. § 922(g)(8) compare to 18 U.S.C. § 922(g)(1)?

During 2013-2017, there were nearly 27,000 convictions for 18 U.S.C. § 922(g)(1) (felons in possession), vastly outnumbering the 121 convictions for § 922(g)(8) in the same period.

What is the DOJ's alleged strategy in the Rahimi case before the Supreme Court?

The speaker suggests the DOJ is exaggerating the public safety impact of § 922(g)(8) to pressure the Supreme Court, framing any ruling against the law as the Court siding with domestic abusers and women's safety.

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