The New and Very Dangerous Common Use Test (And How to Combat It)

Washington Gun Law President, William Kirk, discusses a new legal test, one that actually was created out of thin air, which perverts the Common Use Test, clearly articulated in Heller. Today we discuss the new "In Common Use for Self-Defense Test" whereby judges can then subjectively determine the usefulness of a particular firearm, from the bench, and then uphold outright bans of such items. This new and very dangerous test will be repeated over and over throughout this country for the courts most interested in achieving civilian disarmament. So learn about this, and more importantly, how to combat this ridiculous rule with common sense, law and the Constitution. Arm yourself with education today.

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[mattbarker]

There needs to be legal consequences for anyone who Knowingly brings false claims or set laws against the second amendment.

[brianclassen]

The so-called judge in Oregon must believe a lie told enough it will become the truth. She uses the common use for self-defense repeatedly. 29 pages in and suffering nausea. Thanks,
Mr. Kirk for the time and education you provide.✌

[AJK]

It is “Common Use” for any lawful purpose. That use could be; competitive marksmanship, such as two-gun, CMP, even plinking or even collecting.

[notnamedchris]

It should also be noted that possession itself is a form of self defense. It's called deterrence. Peace through overwhelming firepower. So not actually firing the gun is proof that self defense through deterrence is extremely common.

[voteholyk]

"A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary." It is time to start going after these judges to have them removed.

[youtubekeepsshadowbannin-ymgo]

Easy fix everyone just start neutralizing intruders with your ARs

[mikedegnan]

Last time I looked, the supreme Court said in common use. Not common use for self defense. They need to put a written copy of the ruling in as evidence.

[kungfugirevik]

This judges ruling reminds me of Thomas Sowell's testimony during judge Robert Bork's confirmation hearing.
Sowell was speaking on behalf of Bork position that judges needed to rule based on the law itself, not on what they wanted the law to be, and that activist judges ended up creating new laws from the bench because their decisions took on a life on their own.

[thesentinel]

Thank You Mr. Kirk, enjoyed Your analysis and break down, Stay Alert and Stay Armed

[jutde]

"How often it's used in self defense"
So you're saying we need to choose violence?
Because we can absolutely do that.

[DavidDean-kk]

You can always count on antigun forces to twist and pervert the facts

[andrewlenfest]

Jist a reminder, revolving firearms have been around since the 1600s and both a rifle with a 20 round magazine and a machine gun capable of 180 rounds per minute existed in the 1790s.

[poodlescone]

Ironically, the CDC has that data. It is estimated that up to 3 million instances of self defense occur each year using firearms. The data still support our position of gun ownership.

[moodydad]

I appreciate all your efforts of making these unconstitutional gun control efforts known.

[TannerSwizel]

This is what I've been worried about with Common Use from the get go. I applaud Scalia for spearheading at least the capability to own in certain states, but it was too narrow in its thresholds. The judge here twisted Scalia's words, but principally Scalia should have just stopped at "any weapon that commonly could be used in a lawful manner" that way it shifts from being able to be twisted from "common ownership" or "commonnly applied" which is what is really being interpreted, and stay purely on how commonly it theorhetically could be used in any lawful scenario.

[Theloss]

You have a gun for self defense and hope you never have to use it. Simply having a gun stops crime from occurring or requiring lethal use

[davestahl]

It isn't just for personal defense at home, but defense of our homeland from invaders. This is also an argument that needs to be put forth, as that is part of the second amendment in it's writing, the militia. This new test is putting us in a very awful position, especially when our military is not as strong as it once was, and I have no confidence if should this country faced such threats from outside our borders, that our military effectivness and strength would be up to the task without our armed citizens.

[rhugh]

My firearms are in use at all times even if the trigger is not pulled.

[speaklifegardenhomesteadpe]

You know what was common and historical?! Tar and feathering corrupt public servants and sending them down the tracks!!! 😁👍🏻

[oregonpatriot]

I never thought being old was a good thing, but having 95% of my life in the rear-view mirror? _With no children to worry about?_
*I'm in the perfect position to IGNORE ANY LAWS that are in conflict with the 2nd amendment* _At my age 'tomorrows' don't figure into my decision making._