Home AR-15 BREAKING: POWERFUL 2A Legal Brief Filed in Illinois AR-15/Mag Ban Case…..

BREAKING: POWERFUL 2A Legal Brief Filed in Illinois AR-15/Mag Ban Case…..

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The 2A plaintiff National Association for Gun Rights/Bevis have filed their reply brief in support of enjoining the Illinois Law banning semi-automatic rifles and standard capacity magazines and it is a strong brief in support of our 2nd Amendment rights. Mark Smith breaks down the details of this new legal filing.

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TIMESTAMPS
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0:00 Naperville Case Paper received
0:47 Strong Appeal Filed
1:27 A “Simple Case”
3:00 SCOTUS Attention
4:23 Definitions & Anti-Gunner Games..
7:25 Common Misunderstanding
9:35 Va. Tech. Shooting
11:40 Training, Ammunition & Other Cases
13:50 Plain Text Arguments
18:00 Gun Ban Burden Specifics
20:01 Historical Analogues & Anti-Gunner Flip Flops
21:47 Thank You!

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The Four Boxes Diner serves up hot, fresh Second Amendment news and analysis. You’ll get the inside scoop from constitutional attorney Mark W. Smith, a member of the United States Supreme Court Bar, a professor, a frequent Fox News guest, and a New York Times bestselling author. Mark’s books include The Official Handbook of the Vast Right Wing Conspiracy, First They Came for the Gun Owners, and Duped: How the Anti-gun Lobby Exploits the Parkland School Shooting, and How Gun Owners Can Fight Back. Mark’s scholarship has been used by lawyers before the U.S. and he work has been quoted by a federal judge (Roger Benitez) in declaring California’s so-called “assault weapon” ban to be unconstitutional under the Second Amendment.

To defend your liberty, you need to understand the “four boxes” of American liberty: the soap box, the ballot box, the jury box, and the ammunition box. We give you the information you need, and we hope to serve as your source for Bill of Rights news and analysis.

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48 COMMENTS

  1. Hi! Does anyone carry your "First They Came For The Gun Owners" in audiobook format. Lots of hits – no options to purchase.
    I prefer these audio format options due to tired old eyes!
    Thank you… from ILL-inois!!

  2. Your dudeness, are my new hero! Even my wife gets it! My aunt Nellie Gets it. My Dog Shatzie barked her approval. As the great Inspector Clousaeu stated, The person charged was found in a room locked from the inside, she was the only other person in the room with the victim. The accused was found with the smoking gun in her hand! He then demanded what is the the undeniable conclusion? The answer, the accused is the murderer! Clousaeu's reply was No, you idiot! This, sadly is the world we live in. Courts are largely being ignored with these new bans which most know to be unconstitutional yet they keep coming. Hopefully your opinion will be followed and at some point these people will quit pissing away their money. Of coarse, most of it is our (taxpayer) money.

  3. The seventh circuit court will rule in favor of Illinois regardless of the Supreme Court decisions. Come on the seventh circuit court is in Chicago the democrats power base in illinois.

  4. The 7th circuit knew that they were wrong in their denial of an injunction or else they wouldn't have expedited the cases knowing SCOTUS was overlooking their decision. Nothing against the states coveted by the 7th circuit but i hope the 2nd amendment loses so this cant be taken up by scotus and finally put to bed. Theres no doubt in my mind that the 7th curc6is scheming to avoid having to find in favor of the 2nd amendment but as Mark has laid out, it seems our lawyers have put together a great case and the 7th circuit might have to swallow a biter pill. Knowing full well what the 7th circuit and Illinois are trying to do, SCOTUS shouldve taken it up regardless of the fact that they normally allow the inferior courts to get it right by themselves because this WILL NOT be the last time an appeal for injunction goes against another AW & Magazine capacity ban case in another state they dhoukdve just put an end to all this game playing by progressive run states as they continue to try to skirt the rulings that SCOTUS has set forth

  5. If the constitution doesn't protect 11-round magazines, then how can it possibly protect 10-round magazines? Logically, if any magazines can be banned based on capacity, then magazines of any capacity could be banned. Any attempt for courts to draw this line, which would be inherently arbitrary, is a clear example of legislating from the bench.

  6. "When they say they are too many magazines or assault rifles then they are admitting the case of common use"
    Yes they are.
    But you are missing why they say this. To them it's not a legal issue, but a moral issue.
    That's why they say that. To hijack your emotions. And then blackmail you with them.
    They don't want their own voters shooting each other.( Yes. Those voters you first thought of) That's the true goal.
    But because they are Universalists and vague they want all people to follow that scheme. Because a small segment commits more violence then we are all blamed. Can't be those groups. Oh no. It's access to firearms that's the issue.
    Can't be immoral people using them. Can it?
    They think the tool needs to be regulated. Not the people. Because emancipation.
    It is the human being that's the issue.
    Because all men are NOT created equal.

  7. If in common use for legal purposes is the standard, why are we debating the pistol brace stuff. AR pistols, with short barrel, and pistol braces are definitely in common use for legal purposes.

  8. Just like there are few journalists there are now, few judges. Both professions have become activists. Sadly, when there are no repercussions for bad actions, the actions will continue

  9. 20:53 "We find ourselves in the reverse situation…"

    Leftists relatives believe, with all of their souls, that, although the Left faught for slavery, segregation, and Jim Crowe Laws, there was a magic moment in history when those who fought against the on the Right, dying to end slavery, ALL suddenly, and at the same moment, for some unknown reason, decided to become the ppl fighting to protect racism. They also believe, that at this same exact instant, the ENTIRE Left, as a whole, abandoned its racist/segregationist beliefs and became reformed.

    Seriously? Or, is the Left, as always, better at marketing and decided that, so THEY could weaponize the subject, they'd simply redefine what is racism, etc.?

    Well, in MLK Jr's day, he and many supporters argued that the color of a person's skin is not at all important, but their words and actions are very important. Does this statement still ring true to those on the political Right? Yeah, I think it does. What about for the Left?…

  10. Just because bed people do bad things with something does not mean good people should be prohibited from possessing those things. Cars, hammers, axes, rocks, bricks, lamps, feet, fists, bats, knives and even guns can be used to kill. That does not mean good people should be prohibited from possessing those things. If someone is attacking me with any of those things (with the possible exception of their fists) I want a gun.

  11. I HOPE the state WINS yes the ban stays . WHY so the US Supreme Court takes it and settles it NATIONWIDE. I am in NY we have a decade ban I want it to end. Sorry I don't care about ONE state. I want all bans nationwide ended.

  12. Interesting that there are two standards. When it comes to the 2nd Amendment the burden of proof is on the government. But when it comes to violations of the 4th Amendment's right of the people to be secure in their effects against unreasonable searches and seizures, as is the case in Civil Asset Forfeiture (CAF), the burden of proof rests upon the victim. That they use a legal fiction to justify this theft by charging the property is irrelevant. The fact remains that a person, a citizen has been deprived of their property without justification, and the only remedy is stacked against them in every way by an expensive and most often delayed perversion of due process. If the government can get away with this what makes you think they won't try the same thing with our firearms? In the past our government has unconstitutionally stolen not only cash, but cars, homes, boats, safety deposit boxes and any manner of personal property using CAF. Why stop at guns? The answer is they won't, as evidenced by their ongoing abuse of the court system and our enumerated rights. That's what Red Flag Laws are, … an abuse that borders dangerously on tyranny. The pretense that CAF is justified by the greater good of fighting drug crime has been laid bare by the blind eye to drug trafficking the government shows at our Southern border, and the many tales of clear governmental CAF abuse over the years. Ultimately this is not a matter of hiding behind the lower standard of proof that civil over criminal law provides. This is simply an injustice, inconsistent with our constitutional protections. Both CAF and Red Flag laws are really the same thing, and they both need to be stopped. If they can't get our guns all at once with an outright ban, they have already demonstrated that they will take them all door to door one owner at a time, and the end result will be the same as a ban. Then who knows what's next. Maybe that's the reason for years the FBI has required new hires visit the Holocaust Museum. Too bad not all of them get the message.

  13. OIC, nothing. Give us our rights back now, or deal with a full on revolt. We are being invaded, our current administration promotes anti americanism, you want us to just give up because of a bunch of legal jargon. No!

  14. Thank you for clarifying the "common use test" as not the only test… But IF that test passes then there is no way it can be considered unusual this banned.

  15. Indianapolis Mayor, Hogsett, just issued a proposal to ban the sale of “Military Style” weapons and raise the CCW age from 18 to 21, within the city of Indianapolis, to “help lower crime rates”. This will only hurt law-abiding citizens.
    Again, the Executive branch upholds the laws set forth by the Legislative branch, Mayor!
    Not sure who, if anyone, is bringing a lawsuit here.

  16. Indianapolis Mayor, Hogsett, just issued a proposal to ban the sale of “Military Style” weapons and raise the CCW age from 18 to 21, within the city of Indianapolis, to “help lower crime rates”. This will only hurt law-abiding citizens.
    Again, the Executive branch upholds the laws set forth by the Legislative branch, Mayor!
    Not sure who, if anyone, is bringing a lawsuit here.

  17. Thanks Mark, appreciate you settling our nerves.

    Can't wait to see these cases start rolling through, starting with Benitez. Come in St. Benitez, kick it into high gear!! You don't want the Chicago cases to take away your opportunity to grab the headlines which would really stick it to Mr Hairdo and his presidential run.

  18. As we've seen, if a judge was inclined to ignore Heller like they did for 10 years, they're going to do the same for Bruen.

    It doesn't matter how good the arguments in the brief are if they are an activist. There will be no relief until the supreme Court steps in.

  19. Well apparently I have or miss understand the word protected cause it is not being protected by definition! Wash rinse repeat and money being used to preserve IN COMMON USE! Tell how it's protected? I don't dance, go!

  20. I was wondering if you could do a video on the Hughes Amendment and the issues of how it was passed. I watched the video and apparently there is a controversy about the voice vote. Thanks for what you do!!!

  21. To comment on the “Common use for protection” notion, I live in Romeoville, IL, a town that almost borders Naperville. Just after midnight the other day, a Romeoville police officer was shot while approaching a subject with an alleged stolen vehicle. The suspect ran prompting the village to issue a shelter in place order. Thankfully, the suspect was captured hiding in a nearby backyard hours later but during this time, you can bet I was in my yard with my semi-automatic rifle. (The officer is expected to recover)

    This suspect was out on parole and somehow still obtained a weapon with our very strict gun laws. This is a good example of why arms cannot be taken away from law abiding citizens that want them to protect themselves and their families.

  22. Thank you Mark. Using your theory, how can Pistol Braced firearms, Today know as SBR's be banned? Thanks to the ATF There are more than 40 Million, In Common used for lawful purposes. All arms & the Militia are protected by the 2nd Amendment. The founders intended the citizens, to have unfettered access to All arms for the purposes of replacement of a tyrannical government such as we are seeing today!
    The NRA in their lack of wisdom, and greed, financially motivated. made the 2A about handguns instead of all Firearms in defense of a free nation. The 2A was never about self defense, that did not need to be written at the time, it was clearly understood.
    The 2A was about the militia being capable to defend against England, and other threats.

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