Episodios

  • Will the Fifth Circuit Reverse Itself on Silencers? (Ft. Legal Commentator Gabriel Malor)

    Will the Fifth Circuit Reverse Itself on Silencers? (Ft. Legal Commentator Gabriel Malor)
    Jun 30 2025
    This week, we're looking into a bit of a Second Amendment legal mystery. Recently, a Fifth Circuit panel ruled silencers aren't "arms" and, therefore, don't enjoy constitutional protections. But then the Department of Justice (DOJ) changed hands and changed its mind on the case. In response, the panel took the unusual step of withdrawing its opinion. But we don't know what it plans to do next. That's why we've got federal litigator and legal commentator Gabriel Malor back on the show to give his view on what may be coming. A lot of other commentators and several gun-rights groups have taken the withdrawal as a strong sign the panel plans to reverse itself on whether silencers, often called suppressors, are arms. But Malor said that's unlikely to happen. He noted the DOJ's new position in the case doesn't actually argue silencers are arms, just that they enjoy some level of Second Amendment protection. He also said the panel thoroughly considered the arms question in its initial opinion and is unlikely to reverse, given no new facts or arguments are being presented. Malor also pointed out the panel addressed the basic argument DOJ is now backing and found it lacking, though it spent comparatively little time on that part of the case in its initial opinion. He said the panel is likely going to delve a bit deeper into the DOJ's new argument before returning the same basic ruling. Special Guest: Gabriel Malor.
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    46 m
  • Parliamentarian Purges NFA Delisting; Rhode Island Adopts AR-15 Ban

    Parliamentarian Purges NFA Delisting; Rhode Island Adopts AR-15 Ban
    Jun 27 2025
    Contributing writer Jake Fogleman and I unpack the political implications of the Senate Parliamentarian's latest ruling on Republicans' attempt to deregulate suppressors and short-barreled firearms. We also cover Rhode Island becoming the latest state to adopt a ban on AR-15s and other semi-automatic rifles. Finally, we recap a pair of recent Second Amendment rulings out of the Ninth and Fourth Circuits before wrapping up with highlights from outside The Reload.
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    53 m
  • NRO's Charles Cooke on Challenge to Federal Gun Free School Zones

    NRO's Charles Cooke on Challenge to Federal Gun Free School Zones
    Jun 23 2025
    This week, we're taking a close look at the federal gun free school zones law with National Review's Charles Cooke. A federal appeals court just upheld the zones against a Second Amendment challenge for what may be the first time in the post-Bruen era. Cooke argued the law is bad policy, but he agreed it doesn't violate the Second Amendment. Instead, Cooke argued it's actually an unconstitutional expansion of the federal government's power to regulate interstate commerce. He noted the law had already been struck down by the Supreme Court over this issue once before. However, Congress passed a new version soon afterward. Cooke said the new law has the same problem the old one had. We also talked about the current push to partially repeal the National Firearms Act through budget reconciliation. Cooke again said he'd like to see repeal make it through the process, but he had doubts that delisting silencers or short-barrel shotguns can clear the Byrd Rule. He also expressed some skepticism about whether language in the bill to try and nullify state NFA mirror laws would work in practice. Special Guest: Charles Cooke.
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    58 m
  • Senate Advances Partial NFA Repeal; Gun Free School Zones Upheld

    Senate Advances Partial NFA Repeal; Gun Free School Zones Upheld
    Jun 20 2025
    Contributing writer Jake Fogleman and I break down Senate Republicans' new proposal to remove everything but machineguns and destructive devices from regulation under the National Firearms Act as part of President Trump's "big beautiful bill." We discuss the upsides and pitfalls of this approach for gun-rights advocates and explain what needs to happen next for it to become law. We also cover a new ruling out of the Fifth Circuit Court of Appeals on the federal Gun Free School Zones Act, a new DOJ brief arguing that AR-15s are protected by the Second Amendment, and emerging new details surrounding a tragic shooting at a recent protest in Salt Lake City.
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    50 m
  • Inside the Senate Silencer Deregulation Fight (ft. American Suppressor Association's Knox Williams)

    Inside the Senate Silencer Deregulation Fight (ft. American Suppressor Association's Knox Williams)
    Jun 16 2025
    This week, we're taking a deep dive into the fight over using reconciliation to delist silencers from the National Firearms Act (NFA). The House included a provision to eliminate the tax on firearm silencers/suppressors and one to completely remove them from the NFA's purview. But that wasn't without controversy, and the Senate is now taking up the bill. That's why we've got Knox Williams, the head of the American Suppressor Association, on the show to update us on where things are headed. Williams said there was a meeting between gun-rights activists and Senate staffers this week that left him confident they have a good chance of getting everything they want. He said Republicans were on board with the argument that silencers can be fully delisted because the NFA is a tax at its core. Still, there is a lot of uncertainty about how the parliamentarian will rule on the delisting. Williams agreed that the tax cut is seen as a sure bet. However, he said there's a strong chance delisting gets through, too. Special Guest: Knox Williams.
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    44 m
  • Appeals Courts Uphold Gun Ban for Nonviolent Felons; ATF Explains Masked Agents

    Appeals Courts Uphold Gun Ban for Nonviolent Felons; ATF Explains Masked Agents
    Jun 12 2025
    Contributing writer Jake Fogleman and I talk about new rulings out of the Fifth Circuit upholding a lifetime gun ban for someone who committed a traffic crime and the Second Circuit against a white collar criminal. We also provide new reporting on the ATF's recent use of masked agents to conduct operations. Finally, we update everyone on a new concealed carry reciprocity agreement between Pennsylvania and Virginia before covering some big stories from outside of The Reload.
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    44 m
  • SCOTUSblog's Zach Shemtob on the Court's New Gun Decisions

    SCOTUSblog's Zach Shemtob on the Court's New Gun Decisions
    Jun 9 2025
    This week, the Supreme Court cleared its slate of gun cases. It made three substantial moves along the way. First, it finally revealed what it would do with long-languishing cases against Rhode Island's magazine ban and Maryland's AR-15 ban. Then, it decided, unanimously, whether Mexico could sue Smith and Wesson over cartel violence. To break it all down, we have the new editor of one of the premier Supreme Court publications. Zach Shemtob of SCOTUSblog joins the show to give his perspective on what the Court decided and what it means for future cases. He said Justice Brett Kavanaugh's statement on the Court's decision to deny the AR case and his confident prediction it would take a different one up soon was less a signal that Justices John Roberts and Amy Coney Barrett agreed with him and more a message to them. Shemtob said Kavanaugh could be the fourth vote to take up a case at any time and may be trying to convince the two conservative holdouts to come around to his point of view, which clearly favors striking down such bans. He also said Justice Elana Kagan chooses her words carefully when writing opinions. So, including a line about the popularity of AR-15s in her Mexico opinion may signal a willingness to find they're protected arms. However, he ultimately argued the liberals on the Court are still unlikely to agree with their conservative colleagues on AR bans. Special Guest: Zach Shemtob.
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    48 m
  • Citigroup Reverses Gun Restrictions; DOJ Tells PA to Issue Non-Resident Gun Permits

    Citigroup Reverses Gun Restrictions; DOJ Tells PA to Issue Non-Resident Gun Permits
    Jun 6 2025
    Contributing writer Jake Fogleman and I discuss the big news out of the Supreme Court this week before breaking down Citigroup's walk back of its post-Parkland gun business restrictions. We also talk about the Department of Justice's ongoing efforts to defend gun carry among the states, this time targeting Pennsylvania sheriffs who refuse to issue non-resident carry permits. Finally, we discuss the latest monthly gun sales numbers and wrap up with some of the biggest stories from outside The Reload.
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    49 m