{"id":1802,"date":"2024-05-18T11:08:23","date_gmt":"2024-05-18T11:08:23","guid":{"rendered":"https:\/\/guncoupons.net\/?p=1802"},"modified":"2024-05-18T11:08:23","modified_gmt":"2024-05-18T11:08:23","slug":"podcast-supreme-court-to-decide-three-gun-cases","status":"publish","type":"post","link":"https:\/\/guncoupons.net\/?p=1802","title":{"rendered":"Podcast: Supreme Court to Decide Three Gun Cases"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div>\n<div class=\"article-image\">\n\t\t\t\t\t\t\t<\/div>\n<p>In this episode of <em>Downrange With<\/em> <em>The Shooter\u2019s Log<\/em>, we look at three pending cases the Supreme Court will likely hand decisions down for this summer. <em>United States v. Rahimi<\/em>, pertains to guns and domestic violence protection orders. <em>National Rifle Association v. Vullo<\/em> concerns gun issues and the First Amendment. The third case is <em>Garland v. Cargill<\/em> and covers the DOJ\u2019s decision making process used to make bump stocks illegal.<\/p>\n<h3 class=\"wp-block-heading\">Watch on YouTube<\/h3>\n<figure class=\"wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\">\n<div class=\"wp-block-embed__wrapper\">\n<p><div class=\"youtube-embed\" data-video_id=\"6HtsdsTfAyw\"><iframe loading=\"lazy\" title=\"Three Second Amendment Cases Pending Supreme Courts Decisions This Summer\" width=\"696\" height=\"392\" src=\"https:\/\/www.youtube.com\/embed\/6HtsdsTfAyw?feature=oembed&#038;enablejsapi=1\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe><\/div>\n<\/p>\n<\/div>\n<\/figure>\n<h3 class=\"wp-block-heading\">Watch on Rumble<\/h3>\n<figure class=\"wp-block-embed is-type-wp-embed is-provider-rumble-com wp-block-embed-rumble-com\">\n<p>\n<iframe loading=\"lazy\" class=\"wp-embedded-content\" sandbox=\"allow-scripts\" security=\"restricted\" title=\"Pending Gun Legislation Awaiting Supreme Court Decisions\" src=\"https:\/\/rumble.com\/embed\/v4tepxq\/#?secret=A9YUsMSsZn\" data-secret=\"A9YUsMSsZn\" width=\"1920\" height=\"1080\" frameborder=\"0\"><\/iframe>\n<\/p>\n<\/figure>\n<h3 class=\"wp-block-heading\">Guns and Domestic Violence Protection Orders<\/h3>\n<p>The court has accepted several cases relating to the Second Amendment this year. Perhaps the most impactful of the group is\u00a0\u00a0<a href=\"https:\/\/www.scotusblog.com\/case-files\/cases\/united-states-v-rahimi\/\" target=\"_blank\" rel=\"noreferrer noopener\">United States v. Rahimi<\/a>. At issue is \u201c[w]hether 18 U.S.C. 922(g)(8), which prohibits the possession of firearms by persons subject to domestic violence restraining orders, violates the Second Amendment on its face.\u201d The justices heard oral arguments on Nov. 7.<\/p>\n<p>Zackey Rahimi assaulted his girlfriend, C.M., grabbing her wrist, knocking her to the ground, dragging her back to his car, and shoving her inside. C.M. fled the scene when Rahimi retrieved a gun to fire a shot after seeing a bystander. Rahimi called C.M. after the incident and threatened to shoot her if she told anyone about the assault.<\/p>\n<p>A few months later, Texas issued a domestic violence restraining order against Rahimi. While that order was still effective, he became a suspect in a series of shootings. Upon searching Rahimi\u2019s home, police found guns and ammunition. Rahimi pleaded guilty to violating a federal ban on the possession of a firearm while he was the subject of a domestic violence restraining order pursuant to 18 U.S.C.\u00a0<a href=\"https:\/\/casetext.com\/statute\/united-states-code\/title-18-crimes-and-criminal-procedure\/part-i-crimes\/chapter-44-firearms\/section-922-unlawful-acts\" target=\"_blank\" rel=\"noreferrer noopener\">\u00a7 922(g)(8)<\/a>, a felony with significant prison time. The 5th U.S. Circuit Court of Appeals initially upheld his conviction. After the Supreme Court in\u00a0<a href=\"https:\/\/www.scotusblog.com\/case-files\/cases\/new-york-state-rifle-pistol-association-inc-v-bruen\/\" target=\"_blank\" rel=\"noreferrer noopener\">New York State Rifle &amp; Pistol Association Inc. v. Bruen<\/a>\u00a0struck down New York\u2019s proper-cause requirement because it ran afoul of the 14th Amendment by violating law-abiding citizens\u2019 Second Amendment rights, the 5th Circuit withdrew its former opinion and issued a new opinion vacating Rahimi\u2019s conviction.<\/p>\n<p>Under the Bruen standard, courts must determine whether \u201cthe Second Amendment\u2019s plain text covers an individual\u2019s conduct\u201d (142 S.Ct. at 2129-30). If so, then the \u201cConstitution presumptively protects that conduct,\u201d and the government \u201cmust justify its regulation by demonstrating that it is consistent with the nation\u2019s historical tradition of firearm regulation.\u201d The 5th Circuit reasoned that Rahimi was still only a suspect in the additional shootings and the domestic violence restraining order was not a conviction, but rather an order pursuant to a civil proceeding. It determined that the federal statute impermissibly infringed upon Rahimi\u2019s Second Amendment rights and that his conviction must be thrown out.<\/p>\n<p>Rahimi argues that the federal statute metes out severe punishment against conduct expressly protected by the Second Amendment\u2014the right to bear arms. He further argues that there is no tradition in the country\u2019s history to remove firearms from individuals involved in a domestic violence incident. The government argues that no violation of the Second Amendment occurs when a court finds a person poses a credible threat of domestic violence and should therefore be temporarily prohibited from possessing firearms.<\/p>\n<p><a href=\"https:\/\/www.supremecourt.gov\/DocketPDF\/22\/22-915\/275881\/20230821173925486_Rahimi%20Merits%20Illinois%20Amicus%20Brief%20Final.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">Twenty-five states, Washington, D.C., and the Northern Mariana Islands<\/a>\u00a0filed as amici in this case. They argue that the court should reverse the 5th Circuit\u2019s ruling and reaffirm that states can and should be able to regulate firearm ownership by dangerous individuals pursuant to their interest in providing for the health, safety and welfare of their citizens. They further argue that a ruling for Rahimi would undermine the states\u2019 public safety objective of protecting their citizens from domestic violence.<\/p>\n<h3 class=\"wp-block-heading\">Gun Issues and the First Amendment<\/h3>\n<p><a href=\"https:\/\/www.scotusblog.com\/case-files\/cases\/national-rifle-association-of-america-v-vullo\/\" target=\"_blank\" rel=\"noreferrer noopener\">National Rifle Association v. Vullo<\/a>\u00a0will address whether Maria Vullo, a former superintendent of the New York state Department of Financial Services, violated the NRA\u2019s First Amendment rights. After the Parkland, Fla., mass shooting, many companies chose to disassociate themselves with the NRA and NRA-endorsed insurance products. The department issued non-binding guidance memoranda to banks and insurance companies encouraging them to monitor their risks, including reputational risks that may arise from doing business with the NRA. The NRA claims that the guidance memos constituted regulatory threats that resulted in the NRA being dropped by its longstanding corporate insurance carrier. The 2nd U.S. Circuit Court of Appeals ruled in favor of Vullo and held that, while they cannot use their status to coerce people or other entities from refraining from protected speech, government officials have a duty to address issues of public concern. The 2nd Circuit then ruled that the NRA failed to show that Vullo had crossed a line between \u201cattempts to convince and attempts to coerce.\u201d This case could affect how state government employees in their professional capacity discuss controversial issues such as gun control.<\/p>\n<h3 class=\"wp-block-heading\">Guns and the \u2018Chevron Deference\u2019<\/h3>\n<p>In\u00a0<a href=\"https:\/\/www.scotusblog.com\/case-files\/cases\/garland-v-cargill\/\" target=\"_blank\" rel=\"noreferrer noopener\">Garland v. Cargill<\/a>, a case from the 5th U.S. Circuit Court of Appeals, the court will determine the legality under federal law of bump stocks, gunstocks that make use of recoil to allow semi-automatic firearms to fire like automatics.<\/p>\n<p>The case arises from the 2017 Las Vegas mass shooting in which the perpetrator used firearms modified with bump stocks to kill 61 people and wound over 400 more in 10 minutes. Under the\u00a0<a href=\"https:\/\/www.atf.gov\/rules-and-regulations\/national-firearms-act\" target=\"_blank\" rel=\"noreferrer noopener\">Firearm Owners Protection Act of 1986<\/a>, it is illegal to own a \u201cmachine gun,\u201d but due to the ambiguity of the statute, there are conflicting views on whether semi-automatic firearms modified with bump stocks are covered by the ban. The Trump administration\u2019s Department of Justice\u00a0<a href=\"https:\/\/www.justice.gov\/opa\/pr\/department-justice-announces-bump-stock-type-devices-final-rule\" target=\"_blank\" rel=\"noreferrer noopener\">issued a final rule<\/a>\u00a0stating that bump stocks are covered by the machine gun ban. Under the so-called Chevron doctrine\u2014the latitude federal judges give agencies over how to interpret a statute when a dispute arises\u2014the court would be required to defer to the DOJ\u2019s rule, but the court intends to\u00a0<a href=\"https:\/\/www.ncsl.org\/state-legislatures-news\/details\/supreme-court-to-decide-case-on-power-of-regulatory-agencies\" target=\"_blank\" rel=\"noreferrer noopener\">reexamine Chevron<\/a>\u00a0this term. If Chevron is overruled, the court would have the ability to veto the rule and effectively legalize bump stocks.<\/p>\n<p>There are currently two related cases pending certiorari: Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives; and Garland v. Hardin. Both concern the legality of bump stock devices. If the court grants review to either of these cases, they will likely be heard in tandem with Cargill.<\/p>\n<h4 class=\"wp-block-heading\">How do you think the United States Supreme Court will decide each of these cases? Share your answers in the Comment section.<\/h4>\n<p><span id=\"tve_leads_end_content\" style=\"display: block; visibility: hidden; border: 1px solid transparent;\"\/><!-- CONTENT END 2 -->\n\t<\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/blog.cheaperthandirt.com\/podcast-supreme-court-to-decide-three-gun-cases\/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=podcast-supreme-court-to-decide-three-gun-cases\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In this episode of Downrange With The Shooter\u2019s Log, we look at three pending cases the Supreme Court will likely hand decisions down for this summer. United States v. Rahimi, pertains to guns and domestic violence protection orders. National Rifle Association v. Vullo concerns gun issues and the First Amendment. The third case is Garland [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":1803,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[],"class_list":["post-1802","post","type-post","status-publish","format-standard","has-post-thumbnail","category-gun-news"],"_links":{"self":[{"href":"https:\/\/guncoupons.net\/index.php?rest_route=\/wp\/v2\/posts\/1802","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/guncoupons.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/guncoupons.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/guncoupons.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/guncoupons.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1802"}],"version-history":[{"count":0,"href":"https:\/\/guncoupons.net\/index.php?rest_route=\/wp\/v2\/posts\/1802\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/guncoupons.net\/index.php?rest_route=\/wp\/v2\/media\/1803"}],"wp:attachment":[{"href":"https:\/\/guncoupons.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1802"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/guncoupons.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1802"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/guncoupons.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1802"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}