Tom Gresham's Gun Talk: 11.20.16 - Part B

Published on November 21, 2016
Duration: 44:45

This segment discusses the potential impact of the Trump administration on state-level gun bans, particularly concerning Modern Sporting Rifles (MSRs). The speaker suggests that a DOJ focused on civil rights could challenge state bans by invoking the 'common use' doctrine established in the Heller decision, potentially leading to federal lawsuits and consent decrees against states attempting to ban firearms in common use.

Quick Summary

A Trump administration Department of Justice could challenge state firearm bans by invoking the 'common use' doctrine from the Heller decision. This might lead to federal lawsuits and consent decrees against states attempting to ban firearms like Modern Sporting Rifles, which are considered in common use by law-abiding citizens.

Chapters

  1. 26:20States Banning Guns & Heller Decision
  2. 26:38Trump Administration & DOJ Role
  3. 26:56Federal Intervention & Consent Decrees
  4. 28:00Compromise on Gun Control

Frequently Asked Questions

Could the federal government challenge state bans on firearms like AR-15s?

Yes, the speaker suggests that a Department of Justice under a Trump administration might challenge state bans on firearms in common use, such as Modern Sporting Rifles (MSRs). This challenge could be based on the 'common use' doctrine derived from the Heller decision, potentially leading to federal lawsuits against states enacting such bans.

What is the 'common use' doctrine in relation to firearms?

The 'common use' doctrine, stemming from the Heller Supreme Court decision, implies that firearms commonly owned by law-abiding citizens for lawful purposes, like self-defense, are protected under the Second Amendment. This doctrine could be used to argue against state bans on popular firearms like AR-15s.

What are consent decrees in the context of federal intervention?

Consent decrees are court-ordered agreements that can be imposed on states or cities found to be violating federal law or civil rights. In this context, a state could be placed under a consent decree requiring them to work with the federal government for decades to prove they are protecting gun owners' rights, if they are found to be illegally banning firearms.

What is the speaker's stance on compromising on gun control?

The speaker states they are willing to compromise on gun control laws. Their proposed compromise involves repealing half of existing gun control laws in one year, and then repealing half of the remaining laws in the subsequent year, indicating a gradual approach to deregulation.

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