Author Mark W. Smith Explains the New Supreme Court Gun Case

The Supreme Court just agreed to take up a brand new Second Amendment case. So, we've got author and member of the Supreme Court bar Mark W. Smith on the show this week.

Smith, who also hosts the Four Boxes Diner YouTube channel, joins to talk about the ins and outs of United States v. Rahimi. The Supreme Court will have to decide whether the Second Amendment protects the right of those subject to a domestic violence restraining order to own guns. And, as Smith notes, it will be doing so for one of the least sympathetic defendants imaginable because Rahimi is the suspect in a long list of violent crimes.

That means the Court could rule to uphold the restriction, according to Smith. And that's why, he argues, the case was appealed straight up to the Supreme Court by Attorney General Merrick Garland even though there was another level of appeal he could have gone to first.

Still, Smith isn't convinced the case is that cut and dry. He argued the Court may well find the lower bar of evidence required to issue a restraining order compared to obtaining a criminal conviction could cause enough justices to turn against the restriction. And he said the Court has shown it is not as sensitive to public criticism as in previous years.

He said the decision to take this case to SCOTUS may backfire on Garland, but also admitted it's not clear where the Court will come down.

Plus, Contributing Writer Jake Fogleman and I talk about President Biden's "ghost gun" ban being vacated. And I discuss my continued frustrations with trying to renew my concealed carry permit.

Special Guest: Mark W. Smith.