Supreme Court: ‘Weapons of War’ Commonly Used

Published on July 8, 2022
Duration: 10:21

This video features Constitutional Attorney Mark W. Smith, a Second Amendment scholar, analyzing the 'weapons of war' argument in relation to the Supreme Court's Bruen decision. Smith argues that the common use test, as reaffirmed by Bruen, protects firearms that are widely possessed by law-abiding citizens, regardless of their military origins. He provides historical examples of firearms that served dual military and civilian roles to support his claims.

Quick Summary

Constitutional Attorney Mark W. Smith explains that the Supreme Court's Bruen decision reinforces the 'common use' test, protecting firearms widely possessed by law-abiding citizens. He argues that historical examples of military arms being in common civilian use undermine the 'weapons of war' argument against Second Amendment rights.

Chapters

  1. 00:00Introduction to 'Weapons of War' & Bruen
  2. 00:22Speaker Introduction: Mark Smith
  3. 00:35Propaganda vs. Common Use Test
  4. 02:59Historical Example: Tennessee Open Carry
  5. 03:40Historical Example: Post-Civil War Self-Defense
  6. 05:00Historical Example: Arkansas Concealed Carry Ban
  7. 06:15Military and Civilian Firearm Overlap
  8. 07:14Specific Historical Dual-Use Models
  9. 08:41Legal Implications for AR-15s

Frequently Asked Questions

What is the 'common use' test in relation to the Second Amendment?

The 'common use' test, reaffirmed by the Supreme Court in NYSRPA v. Bruen, protects firearms that are commonly possessed by law-abiding citizens for lawful purposes. This standard challenges arguments that certain firearms are unprotected simply because they have military origins or features.

How does the Bruen decision impact the 'weapons of war' argument?

The Bruen decision emphasizes historical tradition and common use. By highlighting that many firearms with military origins have historically been in common civilian use, it weakens the 'weapons of war' argument used to ban modern firearms like AR-15s.

What historical examples support the idea of common civilian use of military-style arms?

Historically, firearms like the Walker Colt, Civil War revolvers, the 1873 Single Action Army, the 1903 Springfield rifle, and the 1911 pistol have served dual roles in both military and civilian hands, demonstrating a long-standing overlap.

Who is Mark W. Smith and what is his expertise on the Second Amendment?

Mark W. Smith is a Constitutional Attorney, Second Amendment Scholar, and bestselling author on gun rights. His expertise is evident in his detailed analysis of Supreme Court opinions and historical precedents related to firearm ownership.

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