THANKS SEN. JOHN CORNYN (R-TX): FEDERAL APPEALS COURT RULES AGAINST 2ND AMENDMENT

Published on April 30, 2024
Duration: 13:10

The Fifth Circuit Court of Appeals ruled that expanded background checks for 18-20 year olds under the Bipartisan Safer Communities Act do not violate the Second Amendment. The court based its decision on Supreme Court dicta in Heller and Bruin, stating that background checks associated with permitting regimes are generally constitutional. The ruling indicates that a 10-day delay for background checks does not constitute an abusive end or a de facto prohibition on possession.

Quick Summary

The Fifth Circuit Court of Appeals ruled that expanded background checks for 18-20 year olds under the Bipartisan Safer Communities Act are constitutional, citing Supreme Court precedent in Bruin and Heller. The court found that a 10-day delay for these checks does not violate the Second Amendment.

Chapters

  1. 00:00Breaking News: Fifth Circuit Ruling
  2. 00:17Bipartisan Safer Communities Act Explained
  3. 00:34Basis of Decision: Bruin and Heller
  4. 01:15Panel Decision Details
  5. 02:00Supreme Court Precedent on Background Checks
  6. 03:05McRory v. Garland Case Overview
  7. 03:35Rationale for Expanded Checks
  8. 04:35NICS System and Additional Checks
  9. 05:0310-Day Delay Explained
  10. 05:24Analysis of the Loss
  11. 06:01Strategic Lawsuit Considerations
  12. 07:03Plaintiff's Case Details
  13. 07:30Potential Problem with Fact Pattern
  14. 08:07District Court's Denial
  15. 09:03Unfortunate Precedent
  16. 09:27Judge Smith's Written Opinion
  17. 11:15Limits of Background Checks
  18. 11:36Concerns About Precedent
  19. 12:09Future Litigation Strategy
  20. 12:41Conclusion and Links

Frequently Asked Questions

What was the Fifth Circuit's ruling regarding expanded background checks for young adults?

The Fifth Circuit Court of Appeals ruled unanimously that expanded background checks for 18, 19, and 20-year-olds under the Bipartisan Safer Communities Act do not violate the Second Amendment. The court cited Supreme Court precedent in Bruin and Heller.

On what legal basis did the Fifth Circuit rule against the Second Amendment challenge?

The court based its decision on Supreme Court dicta from NYSRPA v. Bruin and DC v. Heller, which suggest that background checks associated with permitting regimes are generally constitutional and do not inherently infringe upon Second Amendment rights.

Does the Fifth Circuit ruling deem all background check delays unconstitutional?

No, the Fifth Circuit acknowledged that there is a point where a background check delay could become abusive or a de facto prohibition. However, they determined that a 10-day delay, as applied in this case, does not meet that threshold.

What is the Bipartisan Safer Communities Act concerning 18-20 year olds?

The Bipartisan Safer Communities Act of 2022 introduced expanded background checks for individuals aged 18, 19, and 20. The intent was to better access juvenile records and mental health adjudications that might prohibit firearm possession.

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