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good evening and right before we dive
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month now diving into today's main topic
four days ago there was a major
development in the ongoing battle over
the Second Amendment with a federal
judge officially striking down
California's gun ban specifically the US
Federal Court ruled that California's
ban on certain types of semi-automatic
rifles what they refer to as so-called
assault weapons is unconstitutional in
in light of the US Supreme Court's
recent clarification on the Second
Amendment and the details on this
particular case out in California they
reveal an underlying battle that's being
waged right now in courtrooms across the
whole country wherein you have American
citizens using a Supreme Court decision
which came down just last year to try
and Claw back some of the gun rights
that have been stripped away from us
over the past 100 years however in order
to explain what happened in this
particular case as well as what it means
going forward for both California as
well as the nation well let's back up
for a quick moment and start at the very
beginning right after you take a super
quick moment to smash those like And
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information out to ever more people now
to start with the US Supreme Court
decision which started all of this was
the famous Bruin case which just free
reference was the first gun rights
related case to be heard by the US
Supreme Court in well over a decade let
me give you a brief refresher on What
that particular case was all about you
see up until last year if you if you
happen to be a resident of New York well
it was almost impossible to get a
concealed carry permit that's because
the state of New York has been for the
past 111 years now forcing people to
prove that they had a quote unquote
special need for self- protection the
relevant Statute in New York was the
civan Act of 1911 and that particular
law it made it such that Concealed Carry
Permits they can be issued at the sole
discretion of local law enforcement and
in order for a common citizen to obtain
one of these permits he or she must
quote demonstrate a special need for
self- protection distinguishable from
that of the general Community or of
persons engaged in the same profession
meaning that only if the local police
agreed that you had a special need for
self- protection would you be given a
license to conceal carry a gun outside
your home and proving that you had a
special need was not easy it didn't
matter whether you lived in a high crime
area or if you were the victim of let's
say a robbery multiple times in the past
well it didn't matter unless you were an
actual celebrity or you were some type
of licensed security guard you were just
out of luck it was nearly impossible to
get a concealed carry permit in New York
now eventually in 2018 the New York
State Rifle and Pistol Association they
filed a lawsuit against the
superintendent of the New York State
Police Force arguing that the gun laws
that were on the books for the past 111
years now were actually all along
unconstitutional and after several years
of legal back and forth the case finally
wound up in front of the US Supreme
Court where the conservative majority on
the court they ruled in favor of the
plaintiffs specifically in a 63 decision
just as Clarence Thomas John Roberts Sam
Alo Neil Gorsuch Brett Kavanaugh and Amy
Cony Barrett they all ruled that New
York's law was indeed unconstitutional
and that the ability for a person to
carry a pistol outside of the home was a
constitutional right protected under the
Second Amendment furthermore in this
decision the US Supreme Court ruled that
quote the previous method of determining
if a gun law is constitutional so-called
means testing was incorrect under this
method courts weighed whether a law
would obtain a favorable objective such
as crime reduction even if it were not
strictly in line with the text of the
Second Amendment and so for one means
testing was done away with but then also
in the majority opinion of the Court
which fore reference was written by
Justice Clarence Thomas there was a
sentence which opened the door for other
gun restricting laws to be rolled back
across the whole country here was
specifically what Clarence Thomas wrote
again in the majority opinion of the
Court quote the burden falls under
defendants meaning the government to
show that New York's proper cause
requirement is consistent with this
nation's historical tradition of firearm
regulation constitutional rights are
enshrined with the scope they were
understood to have when the people
adopted them with these principles in
mind the court concludes that
respondents have failed to meet their
burden to identify an American tradition
justifying New York's proper cause
requirement and so with this opinion
statement Clarence Thomas as well as the
court and general established a new
legal precedent moving forward whether
it's federal state or local government
they will have to prove that their
restrictive gun laws are quote
consistent with this nation's historical
tradition of firearm regulation and if
they can't it means that indeed the law
is unconstitutional and so with this new
decision as well as with this new legal
standard that was established by the US
Supreme Court the door was essentially
flung wide open for Americans to begin
challenging restrictive gun laws across
the whole country in the hope of having
them overturned and indeed that is
exactly what began to happen lawsuits
began to spring up across the entirety
of the nation which brings us needly
along to the case over in California
because you see since the year 1989
California has been the place with some
of the most stringent laws on the books
regulating the types of guns that
citizens are allowed to own specifically
the Roberti Rose assault weapons Control
Act was signed into law by the then
Republican governor of California back
in 1989 and this particular law it was
the first in the whole nation to ban the
ownership and the transfer of specific
models of guns that were categorized by
the law as quote unquote assault weapons
and while previous attempts to challenge
this particular law have failed over the
the past 30 plus years well the US
Supreme Court's recent Bruin decision it
opened the door for gun rights Advocates
to actually overturn this piece of
legislation and so indeed a man by the
name of James Miller who was a board
member of the San Diego County gun
owners organization he filed a lawsuit
against the California attorney general
arguing among other things that the
definition of assault weapon was
politically motivated and that it
prevents law-abiding citizens from
possessing or using firearms for
self-defense for hunting as well as for
other legal purposes now this case
bounced around the court system for
approximately 4 years before getting to
Last Friday wherein a federal judge
ruled that California's quote unquote
assault weapons ban was indeed
unconstitutional judge Roger bonitos Who
was appointed to the bench by President
George W bush he wrote in his decision
that the California law it ignored
previous rulings which made it clear
that American citizens do indeed have
the right to decide which Firearms they
can select for self-defense here was
specific speically part of what he wrote
and by the way just for your reference
in this opinion of his when he
references heler that refers to another
Supreme Court decision out of Washington
DC which found that the Second Amendment
does in fact Grant individual citizens
the right to bear arms not just
organized militias that case was called
heler versus District of Columbia that's
what he's referencing here and so the
opinion reads quote falling back on an
old recycled justification the state
says that its ban should stand because a
person can have as many other rifles
shotguns and pistols as one wants heler
demolished that argument this is not the
way American constitutional rights work
it is not permissible for a state to ban
some books simply because there are
other books to read in their normal
configurations the so-called assault
weapons are modern Firearms commonly
owned by law-abiding citizens for lawful
purposes Across the Nation Under heler
McDonald Kitano and bruan they may not
be banned essentially the judge was
pointing out in this decision that the
rifles which were banned use the same
ammunition they perform the same
functions and and they even fire at the
very same rate as rifles that aren't
banned and that the lawmakers selected
the rifles to be banned based solely on
the rifles appearance it looked like an
assault weapon and therefore it was and
so using this rationale the judge issued
a permanent injunction on the
enforcement of this California law
meaning in plain English that the law
against assault weapons is no longer
enforcable now as you can imagine gun
rights groups celebrated this ruling as
a victory even though they acknowledge
that the fight over in California is far
from over for instance here was what the
Second Amendment Foundation which
actually became a party to this lawsuit
here's what they said in a release
statement quote federal judge Roger T
benetta his ruling will almost certainly
be appealed to the 9th us Circuit Court
of Appeals in San Francisco but for the
moment the second amendment foundation
and its Partners in the lawsuit are
celebrating a Victory Judge bonitz has
once again affirmed what we have argued
since the beginning of this case
California's ban on so-called assault
weapons is and always has been
unconstitutional however on the flip
side you have California governor Gavin
nusum releasing a state of his own
following this decision in which among
other things he called for a new
constitutional amendment to ban
so-called assault weapons here's what he
said quote judge Bonitas is hellbent on
making it more dangerous for our kids to
go to school for families to go to the
mall or to attend a place of worship we
are working with attorney general Rob
bunta to fight this extreme and
logically incoherent ruling and keep
California safer this is exactly why
I've called for a constitutional
amendment and this is why I'll keep
fighting to defend our rights and
protect ourselves from gun violence and
as such the state is very likely to
appeal this decision to the nine Circuit
Court of Appeals and so we'll have to
wait until that happens to see what
ultimately happens in this case as soon
as that appeal comes through I'll give
you an update one way or the other until
then if you like to go through the
details specifically in this case in
Greater depth I'll throw all my research
notes down into the description box
below this video for you to peruse at
your own Leisure and then lastly as I
mentioned at the top of the episode as
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