SUPREME COURT'S NEW 2ND AMENDMENT RULINGS TODAY

Published on June 30, 2022
Duration: 7:59

Constitutional attorney Mark W. Smith, a member of the Supreme Court Bar, analyzes recent Supreme Court rulings impacting Second Amendment rights. The West Virginia v. EPA decision limits administrative agency regulatory power, potentially curbing ATF actions on firearms. Other Second Amendment cases were GVR'd (Granted, Vacated, Remanded), sending them back to lower courts for reconsideration under the Bruen standard, which eliminated the previous "tiers of scrutiny" test.

Quick Summary

Constitutional attorney Mark W. Smith explains that the Supreme Court's West Virginia v. EPA ruling limits administrative agency regulatory power, potentially curbing ATF actions on firearms. Additionally, several Second Amendment cases were GVR'd (Granted, Vacated, Remanded), meaning lower court decisions against gun rights are vacated and sent back for reconsideration under the Bruen standard, which discarded the "tiers of scrutiny" test.

Chapters

  1. 00:00Introduction and Supreme Court Schedule
  2. 00:44Administrative Agency Power Ruling (EPA Case)
  3. 01:51Impact on ATF and Gun Control Regulations
  4. 02:46Second Amendment Cases Granted, Vacated, Remanded (GVR)
  5. 05:40Bump Stock Cases Pending Decision
  6. 07:33Conclusion and Call to Action

Frequently Asked Questions

What is the significance of the West Virginia v. EPA ruling for Second Amendment rights?

The West Virginia v. EPA ruling limits the regulatory power of administrative agencies like the ATF. This precedent may restrict the ATF's ability to implement gun control measures through regulations, especially without direct Congressional authorization, impacting areas like bump stock definitions.

What does 'GVR' mean for Second Amendment cases?

'GVR' stands for Granted, Vacated, and Remanded. When a case is GVR'd, the Supreme Court grants review, nullifies the lower court's decision, and sends the case back for reconsideration. This action eliminates prior anti-gun precedents and requires lower courts to re-evaluate cases under the new standard set by NYSRPA v. Bruen.

How does the NYSRPA v. Bruen ruling affect Second Amendment legal challenges?

The NYSRPA v. Bruen ruling fundamentally changed Second Amendment jurisprudence by discarding the "tiers of scrutiny balancing test." This means courts must now rely on the historical tradition of firearm regulation when evaluating gun control laws, generally favoring Second Amendment protections.

What is the current status of bump stock cases before the Supreme Court?

Two bump stock cases are pending before the Supreme Court. While not acted upon in the recent rulings, they are expected to be decided later this year. The core legal question involves whether the ATF has the statutory authority to define bump stocks as machine guns under existing law.

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