2A News
In this episode we talk about some cases that have impacted the 2A community.
Garland v. Cargill - https://www.scotusblog.com/case-files/cases/garland-v-cargill/
Holding: The Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its statutory authority by issuing a rule that classifies a bump stock as a “machinegun” under 26 U.S.C. § 5845(b).
Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on June 14, 2024. Justice Alito filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.
Pistol Brace Ban - https://www.nraila.org/articles
On March 29, 2024, U.S. District Judge Sam A. Lindsay agreed with the NRA that it has “associational standing” to pursue this case because it is a traditional membership organization whose members rely on the NRA to protect their gun rights. In other words, the NRA is the voice of its members.
Further, Judge Lindsay applied the Fifth Circuit’s earlier holding in Mock v. Garland that the ATF failed to go through an appropriate notice-and-comment period before issuing its “pistol brace rule,” making major revisions to the rule without acknowledging the hundreds of thousands of negative comments from the NRA and its members across the nation, thus rendering it likely unlawful.
New York State Rifle & Pistol Association, Inc. v. Bruen - https://www.scotusblog.com/case-files/cases/new-york-state-rifle-pistol-association-inc-v-bruen/
Holding: New York’s proper-cause requirement for obtaining an unrestricted license to carry a concealed firearm violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Thomas on June 23, 2022. Justice Alito filed a concurring opinion. Justice Kavanaugh filed a concurring opinion, in which Chief Justice Roberts joined. Justice Barrett filed a concurring opinion. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.
United States v. Rahimi - https://www.scotusblog.com/case-files/cases/united-states-v-rahimi/
Holding: When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.
Judgment: Reversed and remanded, 8-1, in an opinion by Chief Justice Roberts on June 21, 2024. Justice Sotomayor filed a concurring opinion, in which Justice Kagan joined. Justices Gorsuch, Kavanaugh, Barrett, and Jackson filed concurring opinions. Justice Thomas filed a dissenting opinion. #2A #freedom
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