TERRIBLE BREAKING NEWS: FEDERAL COURT RULES AR-15 BAN IS CONSTITUTIONAL...

Published on June 7, 2023
Duration: 20:55

This video analyzes a federal court's decision upholding Washington State's 'assault weapon' ban, critiquing Judge Robert Jensen Bryan's reasoning. The host argues the judge failed to properly apply Supreme Court precedent, particularly the 'common use' test established in Heller and affirmed in Bruin. Key errors highlighted include misinterpreting the burden of proof, conflating the 'common use' test with self-defense usage, and improperly engaging in interest balancing, which the Supreme Court has explicitly forbidden in Second Amendment cases.

Quick Summary

The 'common use' test, established in Heller v. D.C. and affirmed in NYSRPA v. Bruen, dictates that arms commonly possessed by law-abiding citizens for lawful purposes are protected by the Second Amendment and cannot be banned. In such cases, the burden shifts to the government to prove the arms are not in common use.

Chapters

  1. 00:00Introduction: Judge Bryan's Decision
  2. 01:47The Second Amendment 'Common Use' Test
  3. 03:01NYSRPA v. Bruin on Modern Arms
  4. 04:51Judge Bryan's Misapplication of Precedent
  5. 06:01Burden of Proof in Arms Ban Cases
  6. 09:06Heller and Caitano: No Trial Evidence Needed
  7. 11:19Irrelevance of Self-Defense Usage Frequency
  8. 13:23Conflating 'Common Use' with Self-Defense
  9. 15:02Heller Methodology vs. Bruin Context
  10. 16:38Improper Interest Balancing by Judge Bryan
  11. 19:55Conclusion: Weak Decision and Future Outlook

Frequently Asked Questions

What is the 'common use' test for Second Amendment arms bans?

The 'common use' test, established in Heller v. D.C. and affirmed in NYSRPA v. Bruen, dictates that arms commonly possessed by law-abiding citizens for lawful purposes are protected by the Second Amendment and cannot be banned.

Who has the burden of proof in an 'assault weapon' ban case?

Once the Second Amendment is implicated by an arms ban, the burden shifts to the government to demonstrate that the banned arms are not in common use by law-abiding citizens for lawful purposes.

Did the Supreme Court require evidence of self-defense use in Heller or Bruin?

No, the Supreme Court's rulings in Heller and Bruin did not hinge on extensive evidence of how frequently arms are used for self-defense; the 'common use' by citizens for lawful purposes was the primary consideration.

Why is Judge Bryan's decision in Hartford v. Ferguson criticized?

The decision is criticized for misapplying Supreme Court precedent, incorrectly placing the burden of proof on plaintiffs, conflating 'common use' with self-defense frequency, and improperly balancing state interests against constitutional rights.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from The Four Boxes Diner

View all →