The Weekly Reload Podcast

2A Scholar David Kopel Reacts to Major Supreme Court Ruling

June 24th, 2024

The Supreme Court handed down its first Second Amendment ruling in two years on Friday. It's also the first case where The Court applied the test it developed in New York State Rifle and Pistol Association v. Bruen. Those facts alone mean US v. Rahimi will hold a great deal of influence on gun cases across the nation.

So, we've got one of the top pro-gun scholars in the country on the show to break down what The Court did and didn't hold. Independence Institute's David Kopel has been at the forefront of the Second Amendment fight for decades, with citations in federal court decisions coast to coast and at the Supreme Court itself. He also filed a brief in Rahimi that appears to have significantly influenced the majority's thinking.

Kopel lays out the good, bad, and ugly of the ruling that upheld the domestic violence restraining order gun ban. He said he wasn't surprised The Court upheld Rahimi's conviction, given a lower court found him dangerous. He also agreed with some of the warnings about how the majority loosened the standard for the Bruen test that Justice Clarance Thomas included in his lengthy dissent.

However, Kopel said he was overall pleased with the Rahimi decision's outcome. He argued it gave credence to future challenges to the same law by defendants who don't have the same lengthy criminal record as Rahimi did. He also predicted how the case might impact other Second Amendment cases pending in the lower courts.

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