Supreme Court: ‘Weapons of War’ Commonly Used

Published on July 8, 2022
Duration: 10:21

This video, featuring constitutional attorney Mark W. Smith, analyzes the Supreme Court's 'common use' test in light of the 'weapons of war' rhetoric. Smith argues that historical precedent demonstrates a significant overlap between military and civilian arms, suggesting that modern firearms like the AR-15, if commonly used for lawful purposes, are protected by the Second Amendment. The analysis draws on historical examples from Tennessee, Arkansas, and post-Civil War America.

Quick Summary

The Supreme Court's 'common use' test, reaffirmed in NYSRPA v. Bruen, is crucial for Second Amendment rights. Constitutional attorney Mark W. Smith argues this test protects firearms commonly used for lawful purposes, challenging the 'weapons of war' propaganda and bolstering the case for modern firearms like the AR-15.

Chapters

  1. 00:00Intro: 'Weapons of War' vs. Second Amendment
  2. 00:22Speaker Intro: Mark W. Smith
  3. 00:35Propaganda vs. SCOTUS: The 'Common Use' Test
  4. 02:59Historical Example: Tennessee Open Carry
  5. 03:40Historical Example: Post-Civil War Self-Defense
  6. 05:00Historical Example: Arkansas Pistol Exemptions
  7. 06:15Military & Civilian Firearms Overlap
  8. 07:14Specific Dual-Use Historical Models
  9. 08:41Legal Implications for AR-15 Bans

Frequently Asked Questions

What is the 'common use' test regarding Second Amendment rights?

The 'common use' test, reaffirmed by the Supreme Court in NYSRPA v. Bruen, determines Second Amendment protection for firearms. If a firearm is commonly used by law-abiding citizens for lawful purposes, it is generally protected, regardless of its military origins or appearance.

How does the Supreme Court's ruling in NYSRPA v. Bruen affect the 'weapons of war' argument?

The Bruen decision emphasizes the 'common use' test, undermining the 'weapons of war' argument. It suggests that firearms in common civilian use, even if they have military origins or features, are protected by the Second Amendment.

Are AR-15s considered 'weapons of war' under the Second Amendment?

According to constitutional attorney Mark W. Smith, the 'weapons of war' label is propaganda. The 'common use' test, supported by historical examples of military arms in civilian hands, suggests that AR-15s, if commonly used for lawful purposes, are protected.

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