What are your Second Amendment Rights as of March, 2020? By “Second Amendment Rights,” I mean gun rights, obviously. You might be surprised to learn that you have very few actual “Second Amendment” rights. Most of your “gun rights” outside the home, if not all, are protected by the Fourth Amendment. In 24 minutes and 22 seconds, I explain the current state of your gun rights, and the coming storm brewing. This is based on the post I did here, which has a more in-depth explanation:
23 thoughts on “What are your current Second Amendment Rights?”
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A lot of history has been published since Heller. Check out Spitzer, Gun law history in the US and 2A rights.
My issue is that the concept of the "arms" people could keep at the time that amendment was written was mostly just single shot muskets.
At least they didn't have anything like a modern assault weapons to refer to.
So even if your only priority is strict constructionist following of the constitution, it'd make sense to recognize that limited context.
And why should want to interpret law in the most damaging way? Even if the right for every unorganized individual of any age without exception to bare AR-15s and grenade launchers was written into our constitution, shouldn't we want to amend that for the sake of saving human lives?
I value liberty, and in a society of many, the way to secure greater liberty for more people requires some amount of compromise.
But I'll stay open to arguments.
This one needs updated. all the new states doing away with CC
The states have all been made to be reliant on the Federal Government for their budgets and funds. The states are no longer sovereign and independent but completely subject to Federal funding. City and County officials no longer create any legislation it is all predetermined in advance.
Wow! I’m a concealed carrier. I can be subjected to a Terry stop anytime while driving a car? So by getting a driver license, it void my rights from search and seizure. Blows my mind. Some States defined your auto as in the same category as the Castle doctrine which gives you the most rights so why does the 4th Circuit court rule it like that? Does this apply to anyone inside a vehicle or just the driver?
Really like your break down of the laws. I'd love to have a conversation with you about non violent felony gun rights. Been an upstanding citizen for over 10years. I paid my dues, did my time. I'd like to file a court case against the government in violating my second amendment rights by making me expunge my records to get my right reinstated. I believe it's extortion of the citizens.
A permit required is a right denied. Just look at state like Hawaii, California and New York…You CAN'T obtain a permit, they refuse to issue any. So much for "Shall not be infringed".
May God bless patriots like Mr. John Bryan.
I'm not sure what the confusing part is with respect to the 2nd Amendment? It ends with "Shall NOT be infringed." How is it the government can think they have Roe V Wade clear in their minds, and that isn't anywhere in the Constitution, yet they can not understand "Shall NOT be infringed". Here's why; They Government could care less about the US Constitution. They think its outdated and they have no use for it any more.
Guys like you are why I'm in law school right now. I'm the founder of Open Carry Texas and I got fed with fighting with cops on the streets over my gun rights and being harassed. Now, I want to fight them in court.
What about a Felon there was no victim and no gun involve
Use it or lose it… Unfortunately, many individuals cannot afford an attorney, do not have attorney friends, and do not have the knowledge and/or intelligence to fight in the courts on their own. Even though the Supreme Court has said the "only belligerents have rights", it failed to add that poor people often cannot safely exercise those rights. Of course, there are many exceptions in case law, for a vast majority of people without means, fighting cases is often not realistic for the public at large. The solution is not to just roll over but it is important to recognize the disparity in the system. Attorneys, such as yourself, make a big difference in that disparity. I have some acquaintances that do the same thing and I have much respect for them as well.
Keep up the good fight, my friend. The importance of what you are doing is not lost on many of us. Thank you so very much for your efforts.
police are lawfully armed, can they be considered dangerous for this reason?
I just love how informative your channel is and it's nice to hear from an attorney are the facts of the law on open carry thank you for your concern and effort that you put towards your videos to Enlighten the public of the truth and the facts of open carry
"formerly we suffered from criminals and their crimes, now we suffer from laws and their coward costumed "enforcers" …" –
Lysander Spooner (1870)
"So these villains, who call themselves governments, well understand that their power rests primarily upon stolen money . With money they can hire soldiers, and with soldiers extort money . And, when their authority is denied, the first use they always make of money, is to hire soldiers to kill or subdue all who refuse them more money ."
-Lysander Spooner
-The payment of taxes, being compulsory, of course furnishes no evidence that any one voluntarily supports the Constitution .
It is true that the theory of our Constitution is, that all taxes are paid voluntarily; that our government is a mutual insurance company, voluntarily entered into by the people with each other; that each man makes a free and purely voluntary contract with all others who are parties to the Constitution, to pay so much money for so much protection, the same as he does with any other insurance company; and that he is just as free not to be protected, and not to pay any tax, as he is to pay a tax, and be protected .
But this theory of our government is wholly different from the practical fact . The fact is that the government, like a highwayman, says to a man: Your money, or your life . And many, if not most, taxes are paid under the compulsion of that threat ;.
The government does not, indeed, waylay a man in a lonely place, spring upon him from the road side, and, holding a pistol to his head, proceed to rifle his pockets . But the robbery is none the less a robbery on that account; and it is far more dastardly and shameful .
The highwayman takes solely upon himself the responsibility, danger, and crime of his own act . He does not pretend that he has any rightful claim to your money, or that he intends to use it for your own benefit . He does not pretend to be anything but a robber . He has not acquired impudence enough to profess to be merely a “protector,” and that he takes men’s money against their will, merely to enable him to “protect” those infatuated travellers, who feel perfectly able to protect themselves, or do not appreciate his peculiar system of protection . He is too sensible a man to make such professions as these . Furthermore, having taken your money, he leaves you, as you wish him to do . He does not persist in following you on the road, against your will; assuming to be your rightful “sovereign,” on account of the “protection” he affords you . He does not keep “protecting” you, by commanding you to bow down and serve him; by requiring you to do this, and forbidding you to do that; by robbing you of more money as often as he finds it for his interest or pleasure to do so; and by branding you as a rebel, a traitor, and an enemy to your country, and shooting you down without mercy, if you dispute his authority, or resist his demands . He is too much of a gentleman to be guilty of such impostures, and insults, and villanies as these . In short, he does not, in addition to robbing you, attempt to make you either his dupe or his slave .
The proceedings of those robbers and murderers, who call themselves “the government,” are directly the opposite of these of the single highwayman .
In the first place, they do not, like him, make themselves individually known; or, consequently, take upon themselves personally the responsibility of their acts . On the contrary, they secretly (by secret ballot) designate some one of their number to commit the robbery in their behalf, while they keep themselves practically concealed . They say to the person thus designated:
Go to A— B—, and say to him that “the government” has need of money to meet the expenses of protecting him and his property . If he presumes to say that he has never contracted with us to protect him, and that he wants none of our protection, say to him that that is our business, and not his; that we choose to protect him, whether he desires us to do so or not; and that we demand pay, too, for protecting him . If he dares to inquire who the individuals are, who have thus taken upon themselves the title of “the government,” and who assume to protect him, and demand payment of him, without his having ever made any contract with them, say to him that that, too, is our business, and not his; that we do not choose to make ourselves individually known to him; that we have secretly (by secret ballot) appointed you our agent to give him notice of our demands, and, if he complies with them, to give him, in our name, a receipt that will protect him against any similar demand for the present year . If he refuses to comply, seize and sell enough of his property to pay not only our demands, but all your own expenses and trouble beside .
If he resists the seizure of his property, call upon the bystanders to help you (doubtless some of them will prove to be members of our band) . If, in defending his property, he should kill any of our band who are assisting you, capture him at all hazards; charge him (in one of our courts) with murder, convict him, and hang him . If he should call upon his neighbors, or any others who, like him, may be disposed to resist our demands, and they should come in large numbers to his assistance, cry out that they are all rebels and traitors; that “our country” is in danger; call upon the commander of our hired murderers; tell him to quell the rebellion and “save the country,” cost what it may . Tell him to kill all who resist, though they should be hundreds of thousands; and thus strike terror into all others similarly disposed . See that the work of murder is thoroughly done, that we may have no further trouble of this kind hereafter . When these traitors shall have thus been taught our strength and our determination, they will be good loyal citizens for many years, and pay their taxes without a why or a wherefore .
It is under such compulsion as this that taxes, so called, are paid . And how much proof the payment of taxes affords, that the people consent to support “the government,” it needs no further argument to show .
Hey man check out my most recent video I done an update. You knocked it outa the park in this one Mann! I have ya a big shoutout for your work too.
Idk how old that map is at around 8:00, but it's most definitely not updated
1934 NFA was the start of crushing our 2A Rights and they haven’t looked back.
Yes, we are turning America into you are guilty until the state proves you are innocent now. With Red Flag Gun Confiscation laws and TAPS Act picking up steam it will get worse. And both parties are pushing it.
thank you for sharing
Take em for everything they got. Send a stern message that gun confiscation will be tolerated anywhere. No matter how fu—-g shiny your badge may be.
What can we do to help non violent felons get some rights seems like the harder I try the further away I get pushed back