Fighting for the Second Amendment: Legal Battles & Wins with Dan Schmutter
In this episode of the Mike G and the Garbage Gang Podcast, Mike sits down with Dan Schmutter, a prominent Second Amendment litigator in New Jersey, to discuss the state's gun laws, litigation battles, and key court cases. They cover New Jersey's restrictive carry laws, the impact of the Bruen decision, the concept of 'sensitive places,' and the ongoing legal battles against magazine capacity limits and vague regulations imposed on firearms dealers. Dan shares insights into the challenges of defending Second Amendment rights and the importance of staying vigilant in the fight for individual liberties. Don't miss this enlightening conversation on the complexities of Second Amendment litigation and the broader implications for gun rights across the United States.
00:00 Intro
01:19 Welcome to the Garbage Gang Podcast
01:36 Meet Dan Schmutter: Second Amendment Warrior
03:03 The Bruen Decision and Its Impact
05:39 New York's Response to the Bruen Decision
14:55 New Jersey's Stricter Gun Laws
17:39 The Fight for Individual Liberty
19:49 Cultural Differences in Gun Perception
24:17 Legal Battles and Courtroom Strategies
39:57 Courtroom Drama: Briefing the Judge
41:14 Consolidation Motion: A Strategic Battle
42:34 Judicial Decisions and Their Implications
47:09 The Human Side of Judges
51:06 New Jersey's Gun Laws Under Scrutiny
58:22 Multi-Use Property and Legal Challenges
01:02:59 Gun-Free Zones: A Magnet for Crime?
01:13:44 Magazine Capacity Restrictions and Legal Battles
01:16:04 The Bruin Case and Its Impact on Second Amendment Cases
01:16:50 GVR: Grant, Vacate, and Remand Explained
01:18:06 Consolidation of Second Amendment Cases
01:19:39 The Long Game in Second Amendment Litigation
01:22:31 The Importance of Bruen and Its Broader Strategy
01:25:27 Challenges in Civil Rights and Second Amendment Cases
01:38:23 The Role of Expert Witnesses in Magazine Cases
01:46:01 The Protection of Lawful Commerce in Arms Act (PLCAA)
01:49:11 Final Thoughts and Encouragement for Second Amendment Advocates
