VICTIMLESS CRIME: Another Reason why AR-15 Bans are DUMB...

Published on August 23, 2022
Duration: 11:28

This video, hosted by constitutional attorney Mark Smith, explains the legal distinction between 'malum prohibitum' (wrong because prohibited) and 'malum in se' (wrong in itself) crimes. Smith argues that 'assault weapon' bans are malum prohibitum, lacking inherent evil and victims, contrasting them with malum in se crimes like murder and rape. He highlights the Biden Administration's stance on not prosecuting marijuana prohibition laws as victimless crimes, drawing a parallel to the perceived victimless nature of AR-15 bans, a point previously made by Judge Benitez in the Miller v. Bonta case.

Quick Summary

The legal distinction between malum prohibitum and malum in se is crucial for understanding gun control debates. Malum prohibitum crimes are wrong because they are prohibited (e.g., marijuana offenses, 'assault weapon' bans), lacking inherent evil or victims. Malum in se crimes are inherently evil (e.g., murder, rape) and always involve a victim.

Chapters

  1. 00:00Introduction: Marijuana Laws & Victimless Crimes
  2. 00:31Assault Weapon Bans as Victimless Crimes
  3. 00:45Host Introduction: Mark Smith, Constitutional Attorney
  4. 01:10Judge Benitez & Miller v. Bonta Case
  5. 01:54Defining Malum Prohibitum vs. Malum in Se
  6. 03:32What is Malum Prohibitum?
  7. 03:51What is Malum in Se?
  8. 04:15Examples of Malum in Se Crimes
  9. 05:06Recap: Malum Prohibitum vs. Malum in Se
  10. 05:25Assault Weapon Bans as Malum Prohibitum
  11. 05:51Judge Benitez's Ruling on Assault Weapon Bans
  12. 06:21Mark Smith's Article Quoted by Judge Benitez
  13. 07:57Quote: Absence of a Single Victim
  14. 08:32The Core Argument: No Victims in Bans
  15. 09:11No Moral Component to Gun Ownership Bans
  16. 09:34Why Judge Benitez Ruled Against the Ban
  17. 09:42Absurdity of Enforcement: Pot vs. AR-15s
  18. 10:06Biden Administration's Stance on Semi-Automatic Rifles
  19. 10:42Conclusion: Unconstitutional Bans
  20. 10:57Final Thoughts on Legal Definitions

Frequently Asked Questions

What is the legal distinction between malum prohibitum and malum in se?

Malum prohibitum refers to acts that are crimes solely because they are prohibited by law, lacking inherent evil or a direct victim. Malum in se refers to acts that are inherently wrong and evil in themselves, such as murder or theft, and always involve a victim.

How does the concept of malum prohibitum apply to AR-15 bans?

The argument is that AR-15 bans are malum prohibitum because owning these firearms is not inherently evil, and the prohibition is based on legislative decree rather than direct harm or a victim. This contrasts with crimes like murder, which are malum in se.

What is the Biden Administration's stance on marijuana laws?

The Biden Administration has indicated an unwillingness to prosecute federal marijuana prohibition laws, viewing them as victimless crimes. This stance is used as a parallel to argue that AR-15 bans, which also lack victims, should not be enforced.

What was Judge Benitez's ruling regarding 'assault weapon' bans?

In the Miller v. Bonta case, Judge Benitez ruled that California's 'assault weapon' ban was unconstitutional under the Second Amendment. He cited that these bans are malum prohibitum laws, meaning they are prohibited without being inherently evil.

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