Cato Daily Podcast
The Second Amendment and United States v. Rahimi
Jun 27, 2024
Legal expert Clark Neily discusses the potential implications of the Supreme Court's Rahimi decision on gun ownership in the United States. Topics include the evolving framework for assessing restrictions on private gun ownership, federal laws regarding domestic violence restraining orders, state court restrictions on Second Amendment rights, unanswered questions post Supreme Court decision, and the Supreme Court's approach to federal drug laws affecting Second Amendment rights.
19:10
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Quick takeaways
- The Supreme Court's Rahimi decision sets a new historical framework for Second Amendment cases based on traditional interpretation and historical relevance.
- Federal laws disarming individuals, like Zaki Rahimi, shed light on the complexities and consequences affecting Second Amendment rights and historical practices.
Deep dives
New Framework for Second Amendment Litigation
A recent Supreme Court decision, Bruin, introduced a new framework for analyzing Second Amendment cases, departing from traditional tiered scrutiny. This historical tradition framework emphasizes the literal meaning of the Second Amendment and requires historical relevance in governmental restrictions on firearm ownership. The case sets a precedent for future Second Amendment litigation based on historical perspective and tradition, aiming to determine the constitutionality of firearms restrictions.
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