Latest / Live to Shoot - Defending our 2nd Amendment Rights / SCOTUS Takes on Assault Weapon Bans — Finally
Transcript
- 0:14Welcome to the Live to Shoot podcast.
- 0:16I'm Jeff Dow and I've been a licensed firearm dealer for the last 18 years, and this podcast talk about all things related to Second Amendment, anything else going on in the world, the sports story, or anything else that I might find interesting.
- 0:27So welcome, welcome, welcome.
- 0:29And we're talking about something big today.
- 0:31We have not talked about the Supreme Court in a long time and we are going to today.
- 0:36So the United States Supreme Court has agreed to hear some challenges to the, quote-unquote assault weapon ban.
- 0:43And and I say the quote-unquote because the term itself is part of the problem and, and we're gonna get into that.
- 0:49So let's give you a little background.
- 0:51The Supreme Court grants certiorari which is just a legal term for agreeing to take up a case in two cases that directly challenge bans on what legislatures have labeled assault weapons.
- 1:02Now, these are the kind of bans that states like California, Illinois, Maryland, and others have on, on their books for years.
- 1:10Some of them go back decades.
- 1:11And for years, courts have been going back and forth on whether these bans are constitutional.
- 1:16Lower courts have been all over the map.
- 1:18Some have upheld them, some have struck them down.
- 1:21It's been a mess, and now the Supreme Court is finally stepping in to settle it.
- 1:25So what's that mean?
- 1:26Let's be straight.
- 1:27This is potentially could be the most significant Second Amendment case since Bruen decision back in 2022.
- 1:34If you remember, Bruen was the case where the Supreme Court said that firearm regulations have to be consistent with the historical tradition of firearm regulation in America.
- 1:42They can't just be making up a balancing test and saying public safety outweighs your rights." No, the government has to show that the regulation is consistent with what the forefathers would have recognized, and that was the game changer.
- 1:54Now, after Bruen came down, a lot of us expected these assault weapon ban cases to move quickly, but the lower courts have dragged their feet.
- 2:02Some of them found creative ways to uphold the bans anyway, twisting the Bruen framework or ign-ignoring it altogether, and it's been frustrating because here you have the highest court in the land laying down a clear standard, and lower courts are just pretending it doesn't really apply when it comes to guns that they don't like.
- 2:20So here's what, where it gets interesting.
- 2:23The fact that the Supreme Court has now agreed to take these two cases tells us something.
- 2:27It tells you the justices see what happened.
- 2:30They see the confusion, the inconsistency, and frankly, the defiance in the lower courts, and they've decided it's time to weigh in directly Now let's talk about what's actually been challenged here.
- 2:41The assault weapon bans typically target semi-automatic rifles based on cosmetic features.
- 2:46These are things like pistol grips, adjustable stocks, barrel shrouds, threaded barrels.
- 2:53They call the, the military style features.
- 2:55But here's the thing, a semi-automatic rifle functions the same way whether it has a pistol grip on it or not.
- 3:01You pull the trigger, one round fires.
- 3:04That's it.
- 3:05These aren't machine guns.
- 3:06They're not full auto.
- 3:08They are some of the most commonly owned firearms in America.
- 3:11The AR-15 platform alone, there are tens of millions of them in civilian hands.
- 3:16Tens of millions of them And that's a critical legal point.
- 3:20In the Heller decision back in two thousand and eight, the Supreme Court said the Second Amendment protects arms that are in common use for lawful purposes.
- 3:28So think about it.
- 3:29If there are twenty million plus AR-15s in the country being used for home defense, for sporting shooting, for hunting, for competition, how can you say they're not in common use?
- 3:39You can't, not with a straight face.
- 3:41So the core question the Supreme Court is going to have to answer is this: Can the government ban an entire class of firearms that are owned by millions of law-abiding citizens used overwhelmingly for lawful purses-- purposes based on cosmetic features and a made-up term like assault weapon?
- 3:59And under the Bruen framework, they're going to have to find a historical analog.
- 4:04They're gonna have to show that there's a tradition in American history of banning commonly owned firearms from law-abiding citizens, and good luck with that because there isn't one.
- 4:13Now, I don't wanna get ahead of ourselves.
- 4:15We don't have a ruling yet.
- 4:17The court has agreed to hear the case, so arg- oral arguments will happen, in their next term, and the decision could come down sometime in twenty twenty-seven.
- 4:25So this is going to take some time, but the fact that they took the case is huge.
- 4:30So what's that mean for you right now?
- 4:31If you live in a state with an assault weapon ban, nothing changes immediately.
- 4:35These laws are still on the book, and they're still being enforced.
- 4:38So you need to follow laws in your state.
- 4:40But what this does g- is give us hope for that the Supreme Court is going to do what it should have done a long time ago, which is apply the Second Amendment the way it's written.
- 4:49The second the right of the people to keep and bear arms shall not be infringed.
- 4:54It doesn't say the right to keep and bear arms unless the government decides that your rifle looks too scary.
- 4:59And this isn't just about AR-15s, it's about a broader principle.
- 5:03If the government can ban one class of commonly owned firearms, what stops them from banning the next?
- 5:07Handguns, shotguns, where does it end?
- 5:10That's why this case matters to every gun owner in America, even if you don't own an AR-15, even if you live in a free state because a win here sets a precedent that protects us all.
- 5:20And here's the bottom line.
- 5:22The Supreme Court is about to take on the second...
- 5:25Excuse me, take on the biggest Second Amendment case question in years.
- 5:28Can the government ban the most popular rifle in America?
- 5:31The legal framework from Bruen and Heller says no.
- 5:33History says no.
- 5:34The Constitution says no.
- 5:36Now we need the court to say it clearly and definitively so that every lower court in the country gets the message.
- 5:42So stay tuned.
- 5:44I'm gonna be following it closely.
- 5:45We'll keep you updated as things develop.
- 5:47This one's gonna be fun to watch.
- 5:49So if you found all this valuable, subscribe, share it with somebody, give it five stars.
- 5:55Let people know what's happening with their rights and, and what they can do about it.
- 6:00I appreciate it.
- 6:00And remember, this is Jeff Dowdle.
- 6:02This is Live to Shoot.
- 6:03We're defending the Second Amendment.
- 6:05You need to stay informed, stay armed, and fight, fight, fight.
- 6:08And I will talk to you next week