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This week, we're looking back at the Golden State.
It's once again in the news because a federal judge has found one of its strict gun-control laws unconstitutional. This time, it was the ban on magazines that hold more than ten rounds of ammunition. So, we decided to bring on the head of the group that beat the ban.
California Rifle and Pistol Association President Chuck Michel gave us his insight into the case. He said the outcome was expected because this was effectively a retread. Duncan v. Bonta was initially decided in favor of the gun-rights plaintiffs only for it to be reversed by an en banc panel of the Ninth Circuit Court of Appeals only for the Supreme Court to grant, vacate, and remand that ruling.
The case is the first of those remanded by the High Court in the wake of the Bruen decision to reach a ruling. That ruling accelerates the magazine ban issue back up the chain in what will likely end with another Supreme Court showdown.
Of course, as California's magazine ban was being tossed, Governor Gavin Newsom (D.) signed new restrictions on gun carry and a sin tax on firearms and ammunition. Michel explains the new laws and how his group has already filed challenges to them.
Plus, Contributing Writer Jake Fogleman and I discuss the Trump Campaign backtracking on claims he bought a gun while under felony indictment after finding out it would be illegal.
This week, we're looking at a new AI product that promises to do what ChatGPT can't: talk to you about building guns.
The cleverly named GatGPT went into beta this week. I got an early look at it. And, now, we're having the head of the company behind it on the show to explain why they created it.
Defense Distrubuted's Cody Wilson said the end goal is to build an alternative to big tech initiatives in search and advertising. He argued AI could be a consequential tool in that effort. He said the kind of censorship ChatGPT has been saddled with, which keeps it from talking about guns and other topics its parent company OpenAI views as controversial, is holding back the mainstream efforts and gives GatGPT a potential edge.
However, it does still suffer from some of the same accuracy issues other major AIs struggle with. Wilson said they hope to continuously improve GatGPT with beta testers and high-quality data from sections of the online firearms community.
Wilson has garnered media attention and controversy since he first printed a gun back in 2013. He managed to retain his gun rights and take back control of Defense Distributed despite pleading guilty to a sex crime in 2018. His latest move shows he's remained as media savvy and controversial as ever, though.
Unlike many other AI startups, Wilson said he isn't looking to sell hype and bring in investors at unrealistic valuations. But he is hoping to create a viable business model around the uncensored AI model. One he hopes can benefit the entire firearms industry, which he says has been "ghettoized" by large tech platforms for over a decade.
Plus, Contributing Writer Jake Fogleman and I discuss USCCA's latest foray into the political realm.
Special Guest: Cody Wilson.
The emergency gun-carry ban implemented by New Mexico's governor has been blocked by a federal judge. This week on the show, we have one of the men responsible for securing that order.
Adam Kraut is the Second Amendment Foundation's Executive Director. They were one of at least five groups to successfully challenge Governor Michelle Lujan Grisham's (D.) order.
He said the case is simple. The order was clearly an unconstitutional violation of the Second Amendment, especially given the Supreme Court recently ruled that gun carry is specifically protected just last year. Governor Lujan Grisham pulled back on the total ban late this week in a potential attempt to short-circuit the case against her, but Kraut explained the legal strategy his group is using to keep the case alive.
Plus, I describe being stuck in the middle of a manhunt for an escaped murderer. And Contributing Writer Jake Fogleman discusses the political fallout from Lujan Grisham's failed order.
Special Guest: Adam Kraut.
This week, we're talking about the importance of hunting.
In a bit of a surprise move, The Atlantic published a superb article explaining why America needs hunting more than many might imagine. So, I thought it would be a good idea to have the author of the piece on. That's why Andrew Exum is joining the show.
He describes the role that hunting plays in conserving American wildlife. He notes that it's not just important for wildlife population control either. Taxes on guns, ammunition, and hunting license fees are also a primary contributor to conservation funding.
Andrew describes his background as a veteran and former Department of Defense official from the South who now lives in Washington, D.C. but still hunts regularly. We also discuss why he views guns like the AR-15 very differently from hunting rifles, and he responds to some common critiques of that worldview.
He then describes his view that hunting is also an important component of sustainable living. And he gave me some advice as me and my girlfriend prepare to take our first hunter safety course later this month.
Plus, Contributing Writer Jake Fogleman and I talk about Boston doubling down on delaying gun-carry permits.
Special Guest: Andrew Exum.
This week, President Joe Biden announced new executive action aimed at tightening gun laws.
This time, he wants to expand who must get a license to legally sell used guns. So, I brought back Bearing Arms editor Cam Edwards to review the ATF's proposed rule.
We go over the new details of what the agency says will trigger the license requirement. Much of the rule codifies what the ATF has claimed for years about who might be prosecuted for selling guns without a license. But Cam notes the agency is seeking to expand its authority, perhaps beyond what's allowed under the law, even if it's claiming it will only use that power sparingly.
He said the recent increase in "zero-tolerance" enforcement against licensed dealers could signal bad news for regular people the ATF decides need one too.
The Biden Administration has pointed to changes made to the licensing law in the Bipartisan Safer Communities Act as justification for the new rule. Cam said he's skeptical that will hold up in court where the other recent Biden executive gun actions have had trouble. But we talk about why things might go differently this time.
Plus, Contributing Writer Jake Fogleman and I talk about how Tennessee shows "red flag" laws have hit a political ceiling.
Special Guest: Cam Edwards.
This week, we have Professor Dru Stevenson of the South Texas College of Law on the show to give his analysis of the Supreme Court's latest Second Amendment case.
A few weeks back, we had pro-gun author and lawyer Mark Smith on to give his view of United States v. Rahimi. But I want to make sure we offer you all a wide variety of perspectives on where the case is headed. Stevenson certainly comes from a very different point of view, and he has an intimate knowledge of the case.
He joined a brief in the case alongside other professors and a gun-control group. They argued the domestic violence restraining order gun ban should be upheld. However, they went much further and argued both Bruen AND Heller should be overturned as well.
Stevenson and I discuss the reasons why he thinks the Court's view of the Second Amendment as guaranteeing an individual right to keep and bear arms is wrong. We go through the common arguments and discuss their validity.
But Stevenson also acknowledged the Court is very, very unlikely to adopt his point of view. He said the brief was part of a long-term effort to build the foundation for completely undoing the Court's gun jurisprudence at some point down the line. In the meantime, he gave his thoughts on where a majority of justices might actually come down in this case.
Plus, Contributing Writer Jake Fogleman and I talk about the lack of gun policy mentions during the first Republican primary debate.
Special Guest: Dru Stevenson.
It has been a little while since we've done a Q&A podcast. So, we decided to take some questions from Reload Members for this week's episode.
And we got a lot of great questions. I'm not sure if buying a Reload Membership makes somebody smarter or if only smart people buy Reload Memberships, but, either way, we always seem to get really great questions during these Q&As. This time was no different.
We received shrewd questions on a variety of topics. Lots of members wanted to know about the timing of many of the gun cases that have made their way up the federal court system since Bruen was handed down last year. They also wanted to know what cases the Supreme Court is likely to take up. Will SCOTUS accept one of the "assault weapons" ban cases? What about the pistol brace ban?
Also, what's going on with weed and guns? Where is that combination from a legal standpoint?
And what are we seeing from all those new gun owners that have come into the fold over the last few years? Are the predictions of their huge impact panning out? How can we even tell?
There were lots of other great questions too. So, make sure you listen to the full show.
This week, we're talking with one of the most prolific independent gun litigators in the country.
Alan Beck set about successfully undoing the country's stun gun bans in the wake of the Supreme Court's 2016 Caetano ruling. He also challenged Hawaii's effective ban on gun carry in Young. Now, he's back taking on the Aloha State's strict gun laws in the wake of 2022's Bruen.
And he's winning.
This week alone he notched victories in two different cases against Hawaii. First, a Ninth Circuit Court of Appeals panel ruled the state's total ban on butterfly knives violates the Second Amendment. Then a federal judge appointed by Barack Obama found Hawaii's post-Bruen "sensitive places" gun-carry restrictions, including in restaurants, also run afoul of the Second Amendment.
Beck explains the ins and outs of those rulings as well as their significant implications for future cases in Hawaii and beyond. Then he describes a new suit he just filed against a Hawaii county trying to force concealed-carry permit applicants to waive nearly all of their privacy rights, including what they've told their lawyers or even priests.
Plus, Contributing Writer Jake Fogleman and I discuss the Supreme Court's intervention into the "ghost gun" case.
Special Guest: Alan Beck.
The last domino to fall in President Joe Biden's gun agenda was toppled by a Fifth Circuit panel.
So, we're bringing one of the best political writers in the country. Nationals Review's Charles Cooke is one of the top conservative analysts on both the legal and political side of guns in America. He joins the show to talk about why Biden's pistol-brace ban was tossed.
Hint: It wasn't because of the Second Amendment.
Instead, Cooke noted the courts have objected to the ATF overstepping its bounds when creating Biden's gun policies. He said that fact makes it very likely the Supreme Court would object on the same grounds. That's because, as presidents from across the political spectrum have taken to expanding the power of executive agencies, the Court has begun to pair back agency overreach.
Cooke argued the losing streak is bad for President Biden's reelection. Despite what's shaping up to be an unprecedented 2024 election, which seems likely to include bump stock ban originator Donald Trump, Cooke said the constitutionally-deficient policies will drag Biden down. Especially because the majority of people who've heard about them are the ones they negatively affect.
Plus, Contributing Writer Jake Fogleman and I talk about how a Memphis school's security procedures stopped a mass shooting.
Special Guest: Charles Cooke.
This week, we're looking at a recent study that found a substantial number of gun owners may be unwilling to tell pollsters they own guns.
To help illuminate some of the significant implications of the research, we have Reason Magazine's JD Tuccille joining us. He did a great piece on the study over at Reason and had several important insights.
For one, he said the study may undercut almost everything we think we know about guns in America. After all, it raised the possibility that as many as half of the people who told the researchers they didn't own a firearm really did. If that's the case, our view of gun ownership has been far too limited.
Tuccille also explained some major reasons gun owners may not want to tell researchers about their firearms. And there are several. Everything from concerns over the government getting ahold of the information to distrusting the motivations of academics at liberal universities.
Plus, Contributing Writer Jake Fogleman and I discuss the NYPD withholding gun permits even after the Supreme Court's latest Second Amendment ruling. And I talk about how the National Journalism Center's range day went (hint: pretty great).
Special Guest: JD Tuccille.
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