Episodios

  • Examining the Fight Over 2A Rights for Illegal Immigrants

    Examining the Fight Over 2A Rights for Illegal Immigrants
    Dec 22 2025
    This week, we saw two federal appellate courts weigh in on the Second Amendment rights of people in the country unlawfully. The opinions covered a variety of positions on the question. Of course, they aren't the first courts to address the issue, and it's only become a more common challenge in the wake of 2022's New York State Rifle and Pistol Association v. Bruen. So, to dissect the state of the legal debate, we have Seattle University of Law professor Alan Mygatt-Tauber on the show. He has a law review article set to publish early next year that examines the state of the fight over undocumented immigrants and guns, as well as weighing in on the different arguments. Mygatt-Tauber said he's read every Second Amendment challenge to the illegal immigrant gun ban since Bruen was handed down. He said the most common outcome was a court holding that undocumented immigrants are part of "the people" protected by the Second Amendment, but upholding the gun ban as consistent with America's tradition of gun regulation. Then there were courts that determined they aren't protected by the Second Amendment at all. Finally, the least common holding was that they are protected, and the law is unconstitutional. He noted that the Sixth and Tenth Circuit holdings were both in the first category, but one included a notable, lengthy dissent explaining why all non-citizens don't enjoy Second, First, or Fourth Amendment rights. He noted that, even though he belives its the most accurate position, no court has yet held illegal immigrants are entitled to Second Amendment rights and the law barring them from possessing guns is unconstitutional. Special Guest: Alan Mygatt-Tauber.
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    1 h y 5 m
  • US, Australia Shootings Spark Gun Debate; Appeals Courts Uphold Illegal Immigrant Gun Ban

    US, Australia Shootings Spark Gun Debate; Appeals Courts Uphold Illegal Immigrant Gun Ban
    Dec 19 2025
    Contributing writer Jake Fogleman and I assess the political reaction to a pair of terrible mass shootings in Australia and Rhode Island. We also cover two separate federal appeals court rulings that came down this week, each upholding the federal gun ban for illegal immigrants.
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    52 m
  • Analyzing the Unexpected Reissue of a Fifth Circuit Silencer Decision (Ft. Gabriel Malor)

    Analyzing the Unexpected Reissue of a Fifth Circuit Silencer Decision (Ft. Gabriel Malor)
    Dec 15 2025
    This week, we're covering a topic that may give you a bit of deja vu. Or, even, deja deja vu. That's because we've seen this all before. Twice. On Wednesday, a Fifth Circuit panel reissued its opinion in US v. Peterson for the second time. That makes it the third revision. To discuss the difference between the three, we have federal litigator and legal commentator Gabriel Malor back on the show. He noted that in every version, the panel upheld Peterson's conviction for possessing an unregistered silencer. However, he said each version became less expansive than the last. In the latest version, Malor pointed out that the subtle changes the panel made all went toward emphasizing that Peterson's Second Amendment challenge was only as-applied to him and that the panel thought he did a particularly bad job. Malor argued the panel was sending signals with its edits. He said the judges had moved pretty far from their original holding that silencers are not arms protected by the Second Amendment. And, even though they still ruled Peterson's challenge failed, they laid out a potential path for how other challengers might succeed. Special Guest: Gabriel Malor.
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    43 m
  • Gun-Control Groups Back DOJ in NFA Case; New Federal 2A Division Goes Live

    Gun-Control Groups Back DOJ in NFA Case; New Federal 2A Division Goes Live
    Dec 12 2025
    Contributing writer Jake Fogleman and I cover a new legal brief from the nation's largest gun-control groups filed in support of the Trump administration's position regarding the constitutionality of the National Firearms Act. We also discuss the DOJ's new Second Amendment division officially going live with an interesting take on who gun rights apply to.
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    51 m
  • How the Firearms Research Center Plans to Use $1 Million Federal Grant on a 2A History Course (ft. Ashley Hlebinsky)

    How the Firearms Research Center Plans to Use $1 Million Federal Grant on a 2A History Course (ft. Ashley Hlebinsky)
    Dec 8 2025
    This week, we're taking a deep dive into the new Second Amendment history course that the Department of Education just granted funding. To give us insight into what the University of Wyoming's Firearms Research Center, which received the grant, hopes to accomplish, we have Ashley Hlebinsky back on the show. She is the Executive Director of the center, wrote the grant request, and will be one of the main people overseeing development of the educational resources. She said the goal of the project is not to impart a partisan view of the Second Amendment or guns onto students, but, rather, to give educators access to primary sources and scholars from varying viewpoints. She said the grant process was anything but political, and insisted the course materials would be as well. Hlebinsky said the plan is to develop a digital archive of historical documents related to the creation and ratification of the Second Amendment, as well as the state and federal gun laws that have come since that time. She said the center would develop video lessons that could be used for teacher education or classroom instruction. The teachers will also have access to webinars featuring Second Amendment scholars and the opportunity to attend an in-person conference. The course material will be available to secondary school teachers nationwide. However, it won't be a mandatory course. Instead, it's an opt-in teaching resource intended to help improve civics education during the nation's 250th anniversary. Special Guest: Ashley Hlebinsky.
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    55 m
  • Black Friday Gun Sales Disappoint; New DOJ 2A Division Draws Praise

    Black Friday Gun Sales Disappoint; New DOJ 2A Division Draws Praise
    Dec 5 2025
    Contributing writer Jake Fogleman and I detail the latest monthly gun sales data, which showed Black Friday failed to juice gun sales as it has in recent years. We also cover the reaction from gun-rights groups to the Department of Justice's new dedicated Second Amendment office in its Civil Rights Division. Plus, I chat with a Reload subscriber in a new member segment.
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    1 h y 2 m
  • Answering Your Gun Policy and Politics Questions

    Answering Your Gun Policy and Politics Questions
    Dec 1 2025
    This week, we're fielding questions from Reload Members! One of the perks of a membership is the ability to ask questions during our Q&A podcasts (and to join the show in a member segment). It's been long enough now that a new Q&A makes sense. After all, a lot has happened in the world of gun policy and politics. Contributing Writer Jake Fogleman and I cover questions on all sorts of topics. That includes the Supreme Court's two new Second Amendment cases, the High Court's reluctance to take up some of the highest-profile gun cases, and the justices' thinking around big Second Amendment cases. We also discuss the ins and outs of permitless carry, President Trump and Biden's performance on gun policy, and whether there's reason to think there's about to be a circuit split on the constitutionality of so-called assault weapons bans.
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    1 h y 8 m
  • The Implications of Trump's ATF Nominee (Ft. Cam Edwards)

    The Implications of Trump's ATF Nominee (Ft. Cam Edwards)
    Nov 24 2025
    This week, we got a surprise nomination for the top role at the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). On Tuesday, President Donald Trump quietly submitted Robert Cekada's nomination to the Senate. Cekada is currently ATF's Deputy Director and has worked at the agency for the last 20 years. To dissect what the pick means for gun politics and policy, we've got Bearing Arms' Cam Edwards back on the show. Cam said Cekada's background in law enforcement is likely to make him relatively uncontroversial in the Senate, which boosts his odds of being confirmed. He said Cekada could even gain at least some bipartisan support. But he also noted the same quality could irk some gun-rights activists. Cam agreed that Cekada was a much less aggressive pick than the two that former President Joe Biden made. He said picking a career ATF official to head up the ATF is unlikely to please those who want to see the agency change dramatically or even go away altogether. Still, he noted the gun industry is very supportive of Cekada's nomination and that could help sway other gun-rights advocates. Ultimately, he said the pick is likely to keep the ATF on its current trajectory. How people feel about the ATF's 2025 track record is probably a good barometer of how they'll feel about Cekada. Special Guest: Cam Edwards.
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    40 m