The Bruen Decision - A Game Changer for Gun Rights

Constitutional scholar and Second Amendment expert, Prof. Jake Charles talks to Joel about the landmark gun law case, New York State Rifle and Pistol Association vs. Bruen (NYSRPA v. Bruen), the Courts most dramatic gun law case in recent years. The conversation starts with an overview of the case, where Bruen, the superintendent of the State Police of New York, faced a lawsuit arguing that New York's law requiring a “proper cause” for a concealed carry handgun permit was unconstitutional.
The conversation delves into the licensing regimes within the U.S. - the "no issue," "may issue," "shall issue," and "permitless" carry laws. The historical shift from majority "no issue" states to prevalent "permitless" carry laws is also discussed. Professor Charles highlights how the ruling in Bruen extends the right to carry a gun outside the home for self-defense and declared New York's discretionary permit issuance unconstitutional.
However, according to Charles, the most significant and enduring impact of Bruen lies in its mandate for lower courts to adopt a new test for Second Amendment cases. This test shifts away from contemporary considerations, such as public safety, and leans more heavily on historical traditions of firearms regulation.
The conversation concludes with a look at Bruen's legacy, both within and beyond the courts. Bruen has proven influential in state legislatures, with different interpretations spurring legislative changes in surprisingly opposite directions.
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00:00 Introduction of Constitutional scholar, Prof. Jacob Charles
00:27 NYSRPA v. Bruen Facts of the Case
01:20 Licensing - State Gun Regimes
03:19 The Bruen Decision
05:08 The Old Test - The “Two-Part” Framework
07:47 A New 2A Test - Text, History, & Tradition
09:28 Bruen’s Legacy in the Courts
11:08 Bruen’s Legacy Beyond the Courts

[@joedouche3818]

Until people that commit a crime and does the time get their gun rights back immediately after serving their time, then it will always be unconstitutional.

[@preppervol]

Absolutely Truth... These Lawyers are not doing their homework but then again they are only out to make money....

[@jimmycarter4644]

I like that judge That Basically said felons can have guns too.

[@jaytackett6545]

NOW THEY HAVE TO ANOUNCED IT NATIONWIDE

[@seanberthiaume6909]

And look how many states/polititians IGNORE IT!WTF!?

[@austiningle8621]

It's their way of taking away the 2a. Plus, they get their cut from the industrial prison system when more people are incarcerated. ALOT of felons go back to prison for possession of a firearm.

[@11bravo4victor4]

I served 21 years in the military. Highly decorated E7. I received a felony for some bullshit. I can't even get a job driving uber. Hero to zero.

[@donwadd9143]

Screw vets Biden loves illegals and commies!

[@juanarroyo465]

What was your felony👀

[@jaytackett6545]

YEAH IT WAS PART OF THE MASS ARREST EXPERIMENT LAW PUT IN PLACE 1994 THATS WHY FROM 1968-1993 ANYONE COULD BUY GUNS INCLUDING ALL FELONS VIOLENT OR NOT BECAUSE BACKROUND WAS NOT IN LAW FOR 25 YRS LATER 1993

[@zxtreem42]

I think this is a great prospect for dealing with it here in Texas, they're absolutely violating abilities to restore with biase between deferred fl not allowing expungement

[@PrayingPanda]

What a pedantic view of the "means- end" scrutiny test. In reality it was a test that courts came up with just to rule gun control as legal. Eg. The 9th circuit ruled 50 out of 50 times for gun control using this low bat test. They never met a piece of gun control they couldn't justify.

[@robertmckinley2030]

Today is 9/72023 . I visited my Local gun shop. I asked them if they knew about the Bruen decision and if we are still required to fill out ATF 4473 forms. They did not know about the Bruen decision, and I was told that we are still required to fill out the forms. The salesman looked up the Bruen decision on the computer and said it was for a case in New York and not for the entire country. I am wondering when we will no longer need to fill out the ATF Forms based on the Bruen decision ?

[@baconknightt]

Apparently the ATF can make or modify any law. And as long as they have enough democrats in Congress to run interference or a friendly anti gun president, they'll get away with it as Republicans don't have enough political power or will to stop them.

[@samfisher9413]

Well. You can answer your own question. What the function of the 4437? To preform a NICS check. What's the function of the NICS check? To determine weather or not there is an avenue to infringement of rights for a certain class of people. So how do you suppose we get rid of the 4473? We abolish the CAUSE of its implementation. Prohibited person's laws are that cause. Stop addressing the symptoms and start addressing the root of the illness.

[@juanarroyo465]

This ruling wasn't for initial background checks of buying guns bud. Mainly ccw laws.

[@sedg03]

❤ Learn to stand up for YOUR rights. Ain't nobody gonna hand em over on a silver platter to you. Stand up.

[@journeyman378]

How doe these people know how many lives have been saved by gun control laws, i lost my rights and have been the victim of violent crime on 3 different ocasions.

[@lilryan10788]

I lost my rights for 10 months under the FL red flag law and live in a town plagued by violent crime called Lake Worth. It cost me $30,000 to get my rights back two months early. Honestly, it was worth every penny to fight back against the tyrannical system.

[@mightymovse]

Bruen didn’t establish a “new test” for judges to use when deciding 2nd amendment cases. This “text, as informed by relevant history and tradition” standard was established with Heller when the court affirmed the individual right to keep and bear arms that are in common use for legal purposes. Courts decided to disregard and twist the standard into the tier based scrutiny standard. Bruen clearly stated that it has been applied incorrectly and that courts must abide by the “Heller standard,” now known as the “Bruen standard.”

[@jasonstephenson793]

Bruen doesn't just apply to the 2nd, if you read the ruling, it also applies to any law that restricts a constitutional right & there is already people challenging other laws under Bruen. It's not creating any confusion, what we are seeing is judges & state governments ignoring Bruen, just like we just seen in New Mexico. What we have is 2 sides, 1st is the side that thinks the constitution are more like guidelines then actual laws. This side is the one using the ideology that government can infringe on constitutional rights, as long as it's in the best interest of government, nor are they absolute or unlimited. Then we have the 2nd side that says no, the constitution is law & regardless of the best interest of government, individual rights are absolute & unlimited, until a individual willfully & knowing uses a constitutional right to deny another of their constitutional rights. The main issue today is that we do not use the constitution as law, historically we didn't have some laws not because they weren't a problem, but because the constitution was enforced as a law it's self. But after WW2, we moved away from that to a British type legal system.

[@o5245607]

Thank you for this important video and especially to Professor Charles for stepping into the breach and taking up the battle to defend not only the 2nd Amendment but all of our rights by shedding light and clarity to the American people.

[@seanberthiaume8240]

And now 18-20 yr olds a WV fed judge just ruled.Pistols....

[@v-bay]

this information is very valuable for anyone studying law and reading cases that just can't seem to understand it in court terms.

[@lilryan10788]

My own lawyers don't even understand this shit. I had to explain to mine WTF a pistol brace is and how stupid the rule is.

[@stephenwalters4000]

I have a felony when I was 18. I went into a car and took speakers 6×9 . I was charged for burglary/ petty thief. I got my voting rights restored in 08. I did file for clemency and it's been just over 8yrs and still waiting. It happened in polk County, Florida . Every time call they say the file is open but still pending. The car I went into was unlocked didn't damage anything on the car to get in. If my application is pending, willi get my gun rights restored? They tell me my file is on a stack of others that they look at one at a time.

[@Kevinh_1979]

I caught a felony on vacation in Florida back in 2001 non violent drug charges. Filed for clemency in 2017 for gun rights, i think the rahimi/vincent/daniels ,case will help us get rights back long before Florida will! Hang in there the tide is turning, also I’m an Alabama resident so that sucks even more Also, there is a backlog of 20,000 cases or more in Florida

[@lilryan10788]

I'm in Palm Beach County and have been taking a deep dive into second amendment right violations in both Polk and Palm Beach County, specifically the disproportionate use of the red flag law. Sheriff Grady Judd is a worthless tyrant. I have talked to so many people in the exact same situation you are in. I have an intern who was 17 when he broke into a car and stole a gun and can't possess firearms until he's 24 under FL statute 985.35(7). "They" will tell you anything, but FDLE and the FL court system is broken. My advice is this: wait until AFTER next month's Rahimi decision to do any major legal moves. It's a huge supreme court case that will mainly affect civil orders of protection but may have a huge impact on how non-violent felons such as drug users or property crime burglars get their gun rights back. Petition the court to restore your firearm rights. If it happened 15 years ago any lawyer can restore your rights easily.

[@OceanGuy808]

Thanks for the enlightening analysis of Bruen. That was very valuable.

[@Talksonlaw]

Appreciate the support, Ocean guy!

[@dannystranahan1004]

Why was MLK denied a gun permit? King's application for a concealed carry permit in Montgomery Alabama was famously denied by the local Democrat sheriff's office. He was deemed “unsuitable;” that is, he was a Black person who wanted to defend himself and his family from the violence of racism and white supremac

[@egmjag]

Why are permit schemes not challenged? They’re arbitrary like magazine capacity bans. In some places you can’t even get a permit even if you have a clean record. Bruen apparently did little to nothing to change that situation in some areas.

[@EQ9962]

Thank you for the analysis of Bruen. Will this decision then apply to the 1st Amendment as well? If the courts based means end scrutiny from the 1st and applied to the 2nd does that also require that means end scrutiny is bad law? Purely an opinion however it seems this has largely been driven by excesses in states like California and New York where really unreasonable and unenforceable laws were being passed at an astounding rate which restricted 2nd amendment rights and the courts rubber stamped them citing deference to legislators and government interests. I understand why. Liberal states want to reduce violence and believe that eliminating guns will reduce crime. I spent nearly thirty years policing in Los Angeles and have witnessed unprecedented violence. In all of those years i had one incident involving what is defined as an assault rifle. Even as more stringent laws were passed and gun stores shuttered I witnessed the violence climb. I dont have the answer. I wish i did however what we have been doing has failed. This will hopefully bring the 2nd Amendment in line with the rest of the Amendments. Again, thank you for the video. I truly enjoy your analysis and discussions.

[@brucev6642]

Same thought I had.

[@calvinj.staffa5691]

So basically,no matter what type of crime that was committed,that no one deserves a second chance,at least no one convicted of any crime that sends you to prison for more than a year,no matter what it was that landed the individual in prison. That just says that the courts are still lock em up and treat them like animals because they dont deserve to be treated as humans,or have rights returned once they complete the handed down sentence.

[@RMoney-hs2xp]

Seek help

[@calvinj.staffa5691]

I did 15cyrs in Texas behind bullshit ,obviously you,probably haven't done anytime whatsoever,probably voted for Biden too

[@MMAGUY13]

Ok tomorrow the supreme court will decide if they will hear Bryan range case and they will because they mentioned it several times in the case of rahimi. My question is since nonviolent felons will get that gun rights back. My one and only crime was I had a hand gun without a permit so will they consider me a violent felon? A dangerous person that the government can disarm? I only had it for self defense it made me feel safe does that make me a violent dangerous person?

[@Leslie-es5ij]

We also need to address interstate , and private, no ffl. Sales,

[@benw8416]

Great work

[@waynemorris2342]

If felons are allowed to have a gun in their home,someone explain to me how do we purchase it?????.doesn't make sense

[@james-tw6fu]

What about federal non violent felons

[@lilryan10788]

Wait until next months Rahimi decision

[@jaytackett6545]

MEET THE UNITED STATES CONSTITUTION LAW 2ND ADMENDMENT GAME CHANGER 🎮

[@lilryan10788]

This is heartbreaking to see all the comments from non violent people who commited a crime decades ago and can't own a gun. It's a CONSTITUTIONAL right. Like seriously, who cares if you stole a car radio in the 1990's or sold drugs in miami in the 80's hopefully the Rahimi, Cargill, and that other EPA case challenging Chevron Deference will put an end to this nonsense

[@matthewlee9728]

bruen makes all gun laws a violation of the second amendment if your not dangerous enough to lock up or ruled unable to handle your own bussiness you have an enalible right ot keep{own have posess} and bear [carry anywhere you have a legal right to be ] arms anthing the govt can have we can have period

[@stephenwalters4000]

Your friend is different, cause he stole a firearm, that alone is wrong. When i did what i did, the car window was halfway down door unlocked! This was at a used car lot. It was wrong of me to do such a thing. At that time in my life, i didnt think of the consequences. But i did it anyway. To me a set of 6×9's are worthless. But the fact i went into the car and done the wrong thing. Im 52 yrs old now. I regret everything i did on that one crime. That hurt me in my life. And the way the world is turning into a life of crime, i want my firearms rights back. Im not a violent person, i live my life the best way possible, i work, i pay bills, and im trying to get a second job. But not being able to protect myself when im at home or going out to enjoy my day. Regardless of the fact. I shouldn't be waiting this long to restore my gun rights. I cant afford a lawyer to help me. So i must suffer and play the be patient and wait. But career criminals can roam the streets everyday and do what they do. Im a good citizen, i dont bother others, but i will speak my minds when the time needed. I just want to protect my life and go learn to hunt for food, cause food is so high. Yes i have my voting rights, but yet i feel my vote is not working cause they might look at my past as a way to shut me out of this corrupted country we live in.