Join Attorney Andrew Branca as he hosts 2A Legal Expert Don Kilmer to discuss the recent Supreme Court Second Amendment Bruen decision!
Attorney Don Kilmer:
Don Kilmer is admitted to the California, Washington, and Idaho Bar Associations. He is also admitted to several federal courts. His federal practice concentrates on the founders’ interpretation of the Second Amendment. He has successfully litigated several significant civil rights cases in the federal court system on the First Amendment Freedom of Speech and Association, Fourth Amendment violations by government actors, Fifth Amendment protections, and Eighth Amendment principles. He also represents persons accused of weapons crimes in federal & state court. He advises and represents businesses in the firearms industry and assists those businesses with regulatory hearings and compliance with federal firearm regulations.
Don also teaches Constitutional Law, Firearms Law, and Legal Skills at Lincoln Law School of San Jose. He is co-author of the law school case book: Firearms Law and the Second Amendment: Regulation, Rights, and Policy. 3rd Ed. Aspen Publishing.
Don lives full time in Idaho and fancies himself a micro-farmer (fruits and vegetables) and marginally competent guitar player.
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#donkilmer #bruen #secondamendment #2A #gunrights
Enjoyed the interview. I would have been more impressed with Don Kilmer if he could have correctly stated the doctrine ascribed in 1769 by William Blackstone that “the law holds that it is better that 10 guilty persons escape, than that 1 innocent suffer (innocent person be convicted).”
“There is only one policy enshrined in the Bill of Rights. Guns and ammunition in the hands of criminals, tyrants and terrorists are dangerous; guns in the hands of law-abiding responsible citizens are better.”
Judge Roger T. Benitez, Miller v. Bonta, 542 F. Supp. 3d 1009 (S.D. Cal. 2021)
“The Second Amendment “is the very product of an interest balancing by the people” and it “surely elevates above all other interests the right of law-abiding, responsible citizens to use arms” for self-defense. Heller, 554 U. S., at 635. It is this balance—struck by the traditions of the American people—that demands our unqualified deference.”
New York State Rifle & Pistol Assn., Inc. v. Bruen, No. 20-843 (U.S. Jun. 23, 2022)
As Eric pointed out, there is still the problem of getting intransigent subordinate courts and governments to obey the Supreme Court’s orders in Bruen. Is there even a mechanism to enforce them? What would happen, for example, if a gun owner’s conviction was overturned by the Supreme Court but the government refused to release him from prison?