SAF FPC Bring Assault Weapons Magazine Bans Before Supreme Court | Guns & Gadgets 2nd Amendment News

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Summary

➡ Guns & Gadgets 2nd Amendment News talks about how the Second Amendment Foundation and Firehouse Policy Coalition are challenging Delaware’s ban on assault weapons and magazines, arguing that any infringement on Second Amendment rights should be considered as serious as those on First Amendment rights. They’ve taken their case to the Supreme Court, hoping to establish that Second Amendment protections should be treated equally to First Amendment guarantees. The outcome is uncertain, but the case could have significant implications for how we understand and protect constitutional rights.

 

Transcript

Will the Supreme Court say that the loss of any Second Amendment right, no matter for how short of a period of time, is an irreparable harm the way that they have for the First Amendment? Well, we’re about to find out. What do I mean? Well, there are two cases that have been combined, and they are cases brought by the Second Amendment Foundation and Firehouse Policy Coalition against Delaware, and they are the Graham v. Jennings and the Gray v. Jennings cases, and they are challenging the assault weapon ban and the magazine ban in Delaware.

Now, the Third Circuit U.S. Court of Appeals had the stones to say in the injunction part of these cases that the loss of a Second Amendment right for any period of time is not as important as the loss of a First Amendment right, which sets up a circuit split where all the circuits have said the loss of the First Amendment, no matter how slight, is an irreparable harm. Well, the Third Circuit just came out and said, well, the Second Amendment doesn’t really rate like the First, so it’s okay to have your rights infringed while this case is going on.

And to their credit, Saff and FPC have filed a cert, a writ of certiorari, with the United States Supreme Court saying, hey, you all need to jump in here because what they’re doing is an end around, a way to go around the brewing decision, text history and tradition. So we’ll see what they say. Now, typically, the Supreme Court, I mean, they even told us that they do not want to take up any Second Amendment cases unless and until they have reached the final judgment stage. However, this way to the Supreme Court might play well, might bode well, because they’re saying, look, there’s a circuit court split and you guys and gals on the court have said that the loss of a First Amendment right, no matter how long it is, is an irreparable harm.

Well, how come does that apply to the rest of the amendments? Does it apply to the rest of our rights or is it just that one right? And if so, please tell us why. Pretty solid. I’m going to give you a folks involved in this. As a reminder, support those who support you. You can join SAF, you can join FPC down below and the links are in the description of every one of my videos. You can also buy their coffee from us at Blackout Coffee, shameless plug. It is our sixth anniversary. I am actually here in Florida on location.

I woke up and it was already 84 degrees and 100% humidity. I hate it. But it’s our anniversary. You buy two bags of coffee or boxes of K-cups, we’ll give you one for free. All you got to do is put three in the cart and use the code six years. That’s number six years, no spaces, and you’ll get one free. Put in six, get two free, put in nine, get three free, so on and so forth. Blackoutcoffee.com slash gng. Here’s some quotes by the people who are pushing us to the Supreme Court.

Executive Vice President Alan Gottlieb of Second Amendment Foundation said, all rights protected by the Constitution are equal, and therefore any infringements on one right should merit the same degree of scorn as infringements against another right. SAF Executive Director Adam Kraut said, the circuit courts of appeals have split over whether an infringement of Second Amendment rights inflicts in irreparable harm. The Seventh and Ninth Circuits have held that infringements constitute irreparable harm, while the Third Circuit disagrees. It is this split which should bring Supreme Court review and a ruling which applies uniformly across the circuits.

FPC President Brandon Combs said, in Bruin, the Supreme Court reaffirmed the principle that the Second Amendment should not be treated less favorably than other Bill of Rights guarantees. But some circuit courts have continued to treat our sacred right to bear arms as a second class right. We are asking the Supreme Court to establish a clear and binding rule that places Second Amendment protections on the same footing as First Amendment guarantees for the purposes of injunctive relief. And here’s a little excerpt from their petition to the Supreme Court. It says, the panel below acknowledged that this is the rule that applies under the First Amendment, in step with every other federal court of appeals, but it somehow concluded that it does not apply to the Second Amendment.

It accordingly declined to enjoin Delaware’s bans on common firearms and magazines, which the state dubs assault weapons and large capacity magazines, without even inquiring into whether those bans are likely unconstitutional based on petitioner’s failures to establish an irreparable harm other than the loss of their Second Amendment rights. Real quick, I want to thank Sonoran Desert Institute for sponsoring this video. You can learn a whole lot more about getting a degree in all kinds of things related to the Second Amendment armors, courses, ballistics, and more unmanned drones, stuff like that.

SDI.edu slash gng is where you can learn more. Check them out down below. Thanks to SDI for sponsoring the video. So we’ll see with what the Supreme Court decides to do. I want to know what you think. Obviously, we know that bans on these guns and magazines are unconstitutional. And it’s I believe it’s only a matter of time until it works its way through the system, where the Supreme Court has to jump on it. And it’s getting there. It’s, it’s, almost to the final judgment on the merits, which is what they prefer. But a circuit split is something that the Supreme Court use usually typically will jump in on, rather than to allow the loss of rights to continue.

But will they do it for the Second Amendment? I guess that remains to be seen. I will keep you up to date. All you have to do is subscribe to this channel down below. It’s free doesn’t cost you anything. And what I’ll do is I’ll bring you news every single day on the Second Amendment, no matter where it happens, good, bad, ugly, or indifferent. Because it’s our right. It’s not the government’s to take. It’s not the government’s to keep. It’s ours. Guys and gals, I’ll see you on the next one. Please have a great day.

And I hope to see you on the next video here on Guns and Gadgets. Take care. [tr:trw].

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