U.S.: Less Protection for Gun Rights

Published on October 21, 2011
Duration: 9:43

This video discusses the Obama administration's stance on Second Amendment rights outside the home, particularly in relation to the Massand Darrow case. Attorney Steve Hallbrook explains how the administration's proposed standard would allow for more restrictions on gun rights, potentially limiting them to handguns within the home. The discussion highlights resistance from lower courts to extend Second Amendment protections beyond the home and critiques the application of intermediate scrutiny, which often favors the government.

Quick Summary

The Obama administration has proposed a legal standard that would permit greater restrictions on the constitutional right to carry firearms outside the home. This stance is discussed in relation to the Massand Darrow case and the narrow interpretations of Second Amendment rights by lower courts following Heller and McDonald.

Chapters

  1. 00:00Introduction: Steve Hallbrook Joins Program
  2. 00:09Blog Post on Less Protection for Gun Rights
  3. 00:20Supreme Court Asked About Gun Rights Outside Home
  4. 00:38Obama Administration's Tentative Standard
  5. 00:56Relation to Massand Darrow Case
  6. 01:11Repeal of Firearm Prohibition in Vehicles
  7. 01:39Argument Against Court Taking the Case
  8. 01:47Sensitive Places Argument
  9. 02:02Prosecutor's Motivation
  10. 02:22Law Not Applying Retroactively
  11. 02:41Fourth Circuit's Interpretation of Second Amendment
  12. 03:01Williams Case and Supreme Court's Role
  13. 03:16Supreme Court's Discretion
  14. 03:33Resistance from Lower Courts
  15. 03:46Heller's Analysis of Bearing Arms
  16. 04:04Argument About General Issues Across US
  17. 04:30Individual Right in Specific Locations
  18. 04:55Argument Against Strict Scrutiny
  19. 05:07Last Ditch Argument: Property Clause
  20. 05:37Federal Land and Bill of Rights
  21. 05:43Intermediate Scrutiny Explained
  22. 05:59Legal Meaning of Strict Scrutiny
  23. 06:17Core Second Amendment Right
  24. 06:32Framers' Intent: Self-Defense, Militia, Hunting
  25. 06:52Intermediate Scrutiny: Government Purpose
  26. 07:05Right to Keep and Bear Arms for Self-Defense
  27. 07:22Distinction: Government Child Care Center
  28. 07:31Live Issue Before the Courts
  29. 07:44Dave Copel's Article: Heller a Hollow Victory?
  30. 08:06Footnote on Longstanding Regulations
  31. 08:21Felon Possession and Mil Incompetence
  32. 08:27Commercial Regulations and Sensitive Places
  33. 08:48Lower Courts Ignoring Heller and McDonald
  34. 08:51No Right to Bear Arms Interpretation
  35. 09:00Upcoming Case Reviews
  36. 09:06Williams Case Denial
  37. 09:17Supreme Court's Options
  38. 09:23Reading the Tea Leaves
  39. 09:30Conclusion and Thanks

Frequently Asked Questions

What is the Obama administration's stance on gun rights outside the home?

The Obama administration has suggested a legal standard that would allow for more restrictions on the constitutional right to carry a gun outside one's home, potentially limiting protections primarily to handguns within the home.

What was the Massand Darrow case about?

The Massand Darrow case involved a conviction for carrying a loaded firearm in a vehicle on federal park land. Despite the law being repealed, the administration argued it should still apply retroactively to the conviction.

How do lower courts interpret the Second Amendment after Heller and McDonald?

Many lower courts are interpreting the Second Amendment very narrowly, with some suggesting it only applies within the home and resisting extending its protections to carrying arms outside the home.

What is the difference between strict and intermediate scrutiny in legal terms?

Strict scrutiny requires a compelling government interest and is the highest legal standard. Intermediate scrutiny requires a 'really important' government purpose, which is often seen as a less rigorous standard that favors the government.

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