Show Notes - Qualified Immunity As Gun Control
Watch Episode #53 “Qualified Immunity As Gun Control”
Today on Legalese we are going to be discussing a new article that will be released in an upcoming volume of the Notre Dame Law Review entitled "Qualified Immunity As Gun Control".
Law professors Guha Krishnamurthi & Peter N. Salib make one of the most evil and admittedly most brilliant calls ever to further a gun control agenda by using the doctrine of qualified immunity.
This video is based on my article of the same name, recently published to Substack: Qualified Immunity As Gun Control… Really?
Even if you have read the article this video may well be worth a watch anyway, as I have elaborated on certain topics first discussed in the article, such as judicial scrutiny.
The original article by Krishnamurthi and Salib was largely written as a response to a notable case filed by the U.S. Fifth Circuit on Feb 02, 2023
~United States v. Rahimi, 61 F.4th 443, 448 (5th Cir. 2023).
What makes U.S. v Rahimi so notable is that the Supreme Court has chosen to grant cert on this case, following a petition filed by the DOJ on the following question presented: "Whether 18 U.S.C. 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face."
This case has a high likelihood of ending up as a landmark 2A case in their upcoming term...
Links:
New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___ (2022)
United States v. Rahimi, 61 F.4th 443, 448 (5th Cir. 2023)
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