The Lawfare Podcast

Lawfare Archive: Amanda Tyler on Rahimi and Taking Guns Away From Loyalists

7 snips
Aug 2, 2025
Amanda Tyler, Shannon Cecil Turner Professor of Law at UC Berkeley, joins for a riveting discussion on the Supreme Court case United States v. Rahimi. She argues that Founding-era disarmament laws for loyalists serve as critical historical analogues relevant to contemporary debates over domestic violence and gun possession. Their conversation dives into the nature of loyalty in the Revolutionary Era, how it influences modern legal interpretations, and the implications for Second Amendment rights today, blending history with pressing legal issues.
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INSIGHT

Historical Analog Requirement

  • The Supreme Court's test on gun laws focuses on historical analogs around 1791.
  • Laws disarming loyalists during the founding provide relevant historical analogs for modern gun control laws.
INSIGHT

Loyalist Disarmament Laws as Analogs

  • Laws disarming loyalists targeted those deemed dangerous to the social order.
  • These laws are analogous to current statutes disarming individuals for safety reasons.
INSIGHT

Loyalists Within Political Community

  • Loyalists were within the political community, not excluded from protection.
  • They owed allegiance and could be punished for treason if they supported the British.
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