BIG SWING AND A MISS!
Last week the Supreme Court handed a big swing and a miss to the Biden/Garland (IN)Justice Department. In the case of the U.S. V Rahimi, the Garland DOJ took a terrible set of facts and tried to gut the Bruen decision, and Garland failed miserably.
With the help of Mark Smith over at The Four Boxes Diner let me explain;
“The terrible set of facts in Rahimi not [facially] 18 USC 922 G8 that says that you cannot touch a firearm, you cannot possess a firearm, if you are subject to a domestic violence restraining order while that restraining order is in effect. The Supreme Court has ruled and held that facially that law is constitutional because there are some instances where that law could beapplied consistent with the Second Amendment.”
A careful reading of the majority opinion shows 2A activists that we can challenge red flag laws, non-violent felons prohibitions, and those not under a domestic violence restraining order under due process claims. In the Rahimi case, Rahimi himself stipulated to his prohibitions, he had not litigated them.
The Buren methodology demands that the government show any restriction to 2A Rights must comply with the historical traditions known at the time of America’s Founding.
Further, an attempt by the Garland DOJ in its Ramihi arguments to infer that only “responsible citizens” have 2A Rights. But that position is an interest-balancing infringement, because who gets to determine what a “responsible citizen” is? You guessed it! It’s the same guys who have opened America’s borders, tracked your social media accounts, and propelled the FBI on Catholic faith practitioners and the parents who object at school board meetings to the radical left’s agenda.
Remember, those anti-gun dangerous quacks want as many people barred for life from having 2A rights.
History teaches us that sometimes in a war, you take a small battlefield loss to win the overall war. Unlike previous major cases that have set the stage on social issues like abortion and same-sex marriage, we in the 2A defending community have not seen a major case like Roe that we have to overturn first. Even liberal SCOTUS Justices have affirmed that Bruen is the law of the land.
Undoubtedly Mark Smith is right. We are still winning and must keep fighting this war to ensure Americans do not ever have to submit to a monopoly on power by our governments. You can watch his video in its entirety on Rahimi here.
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