The Weekly Reload Podcast

We're focusing on a new federal court ruling calling the federal felony gun ban into question this week.

That's why we've got George Mason University's Robert Leider on the podcast. He is an assistant professor at the Antonin Scalia Law School who has clerked for Justice Clarence Thomas. He has also written extensively about Second Amendment law.

He said District Court Judge David Counts was correct in his conclusion that the ban on those under felony inducement receiving firearms does not have a historical analogue. He said the same is true for the ban on convicted felons possessing guns. Leider argued the text-and-tradition standard imposed by the Supreme Court's decision in New York State Rifle and Pistol Association v. Bruen calls both those federal provisions into question alongside a myriad of other gun laws.

Still, he said it's unlikely the felony prohibition will end up in the dustbin. Leider said Counts's solution to the issue, which relies on the historical practice of excluding felons from protections for "the people," may not be the right answer. But he said the federal courts are likely to settle on a justification due in part to the popularity of the restrictions. He argued judicial realism will play a role in how the question plays out even if that's not what the Supreme Court requires.

Leider also talked about what he views as the biggest threat to legal gun carry: New York's novel attempt to prohibit carry in public businesses by default. He said the decision to flip the presumption on its head could be difficult to contend with in court. It forces a faceoff between the right to carry and private property rights that has yet to be litigated.

He said it's not clear how things will turn out and worries the policy could quickly spread to other states. Although, he also lays out a possible Achilles' Heel in New York's implementation.

Plus, Contributing Writer Jake Fogleman and I talk about new polls that show how Beto O'Rourke's gun-control push in Texas is playing out. And Reload Member Bobby Mercer joins the show to talk about how he got into guns as well as what The Liberal Gun Club is and why he joined it.

Special Guest: Robert Leider.

The gun industry is facing a new fight over financing for firearms.

Gun companies have long struggled to obtain and keep banking services in place despite government pressure in the form of Operation Chokepoint and private pressure from big banks refusing to work with them. But now, gun buyers are facing pressure too. Gun-control advocates convinced the organization that oversees credit card merchant codes to create one for gun stores in hopes of flagging "suspicious" transactions for law enforcement.

So, we have Larry Keane on to tell us how the industry is handling the change. He is the Senior Vice President of the National Shooting Sports Foundation (NSSF), which represents gun makers and dealers. They are the literal gun lobby.

Keane said the change is part of a larger plan to try and surveil gun owners. He said the goal is to restrict the ability of Americans to buy guns.

He said the code change alone is unlikely to significantly change how things work because the credit card companies are resisting flagging sales based on it. However, he said the goal is to not only track sales by merchant code but to reform the system to allow credit card companies to see every individual product somebody buys. That would effectively allow them to track, report, and block any gun sale to anyone in the country.

Advocates for the code change argue it could be used to identify patterns that indicate they may be planning a mass shooting. Keane said that's not realistic. He argued nobody has identified any discernable buying actions that reliably set them apart from the millions of Americans who buy guns every year.

He also talked about the industry slowdown that's started to show up in major companies' earnings reports. The two publicly-traded gun makers, Smith & Wesson and Ruger, saw huge dropoffs in revenue and profit. Keane said the downturn was to be expected after two years of record sales, and he isn't terribly concerned about it.

Plus, Contributing Writer Jake Fogleman explains Dick Heller's latest win over DC's gun restrictions.

Special Guest: Larry Keane.

We took a look at the largest-ever survey of gun owners this week. I covered the topline results, and Contributing Writer Jake Fogleman wrote an analysis for members on what the survey showed about AR-15s in American society. We plan to write quite a bit more on the study because of how much high-quality data is in it.

That brings us to this week's podcast. Georgetown Professor William English, who conducted the survey, joins us to discuss the details.

English said he wanted to update the evidence and address some common critiques of well-known gun owner surveys from a few decades ago. With new methods of carrying out scientific surveys, he was able to actually exceed those previous surveys by growing the number of respondents to the point where there were enough in every state to be representative. The massive sample size helped English deliver new insights on the diversity of gun ownership and how common gun carrying has become throughout the country.

It also backed up other evidence on how frequent defensive gun uses are and how many Americans own magazines that hold more than ten rounds. English said the gun owners he surveyed reported using a gun for self-defense about 50 million times, a number that works out to about 1.6 million per year. He also found that most gun owners have bought the kind of magazines targeted by bans in some blue states.

English also explained why he decided to use a survey to measure gun use and responded to some of the criticism self-reported self-defense incidents have faced over the years. He said his research on guns in America is only just getting started. He plans to publish several more papers on the study in addition to writing a book tackling the benefits and drawbacks of America's culture of civilian gun ownership.

Plus, Jake and I talk about Smith & Wesson's sales falling off a cliff last quarter and what it means for the company moving forward.

Special Guest: William English.

This week we're looking at the practical impact of President Joe Biden's "ghost gun" kit ban. The ban went into effect just a few days ago. So, it's a good time to check in and assess the fallout.

That's why we've brought Rob Picus on the show. Rob is one of the key organizers behind the gunmakers match, a shooting competition for people who build their own firearms. He has become engrained in the homebuilding community.

He said companies that make 80 percent frames or receivers have begun to test the new legal landscape. At least one company has made the unserialized and unfinished parts available for sale apart from the jigs and drill bits needed to finish them. Since the ATF rule considers the parts being sold alongside what's required to build them into a working gun the same as selling a working gun, the strategy to remain compliant appears to just be selling everything separately.

Rob said Polymer80, one of the market's biggest companies, is also moving towards selling unfinished receivers on their own. Still, there are a lot of unanswered questions with potentially disastrous consequences for anyone who answers wrong. Rob explains the potential pitfalls.

He also gives his view of the state of the effort to reform the NRA from the inside. Rob is a board member of Save the Second, which was formed to try and oust current NRA leadership and impose new internal controls after accusations of financial impropriety began hounding the gun-rights group. However, he admitted the reform movement has been much less successful than he'd initially hoped as this week's news that dissident board member Philip Journey is not being renominated for this year's ballot by his fellow board members.

Plus, Contributing Writer Jake Fogleman and I discuss how California and New York are pushing back against the Supreme Court's gun-carry ruling.

Special Guest: Rob Pincus.

This week we're talking about the implications of a polling trend and new political developments that should worry gun-rights advocates.

So, I asked Cam Edwards of Bearing Arms to join the show. He is one of the most insightful gun writers on the planet and one of the few who has a solid understanding of national politics.

We talked at length about a recent AP poll that found support for stricter gun laws was at an all-time high and, more importantly, an upward trend. Since 2013, support has climbed 19 points. That's something that I argued ought to worry gun-rights advocates.

Cam agreed but cautioned against putting too much stock in any one poll. Still, he said gun-rights advocates need to focus on persuading the public that further gun restrictions aren't the answer to rising crime or mass shootings. He argued it is vital to convince people to support Second Amendment protections to ensure the long-term security of gun ownership in America.

Then we turned to the midterm elections, where there was more bad news. The odds of Democrats holding the Senate and House increased in recent weeks thanks to some bellwether elections making the end of the filibuster and a flood of new federal gun restrictions more likely. Cam explained why those concerns are valid and why the nightmare scenario still isn't the probable outcome.

We also have member Cody Claxton on the show this week. He tells us how he learned to shoot in the military, got back into it because of a threat to his life, and stayed in it because of competitive shooting.

Plus, Contributing Writer Jake Fogleman and I talk about a federal judge ruling 18-to-20-year-olds have a right to carry a gun in Texas.

Special Guest: Cam Edwards.

The Supreme Court's decision in New York State Rifle and Pistol Association v. Bruen is going to have a monumental impact on the nation's gun laws. So, we've spent quite a lot of time talking about it on the podcast. We've talked to analysts and experts, including National Review's Charles Cooke and Duke's Andrew Willinger.

But we haven't talked to anybody who is directly involved in the legal fight. That's why Alan Gottlieb of the Second Amendment Foundation (SAF) is joining the show this week.

His group is involved in dozens of cases across the country. That includes a number of the most high-profile post-Bruen cases, such as the one against the California youth gun advertising ban.

Gottlieb said Bruen has completely upended the legal landscape. He said gun-rights advocates have a tremendous opportunity to win many more cases. He explained SAF's strategy for approaching the newly-unsettled landscape.

He said SAF has come up with a tier system with the ones it thinks it's most likely to win in the first tier and the rest moving down tiers from there. Gottlieb said there are a lot of cases in that top tier, especially with the new laws California and New York have passed as a seemingly purposeful affront to the Court's ruling. He said he isn't much concerned about governments coming up with coherent defenses of their strict laws in light of Bruen, but he does think a form of legal minimization may become more common.

We also have a new members segment this week featuring Douglas Jefferson!

Plus, Contributing Writer Jake Fogelman and I talk about New York's shocking court filing where they compared their gun laws to bigoted historical gun bans.

Special Guest: Alan Gottlieb.

About two-thirds of gun deaths each year are suicides. It's an incredible challenge facing the gun-owning community. It's also one they've begun organizing to address.

One person leading that effort is Michael Sodini of Walk The Talk America. He joins the show this week to discuss how the industry and gun owners alike have partnered with mental health professionals to try and reduce the number of gun suicides each year.

Sodini said explained the way the program came about and how it fills an important gap. When he first attempted to use the resources of his gun distribution company to fund a mental health intervention program for gun owners, he found there was nothing in place. So, he helped form Walk The Talk America to develop a program by gun owners and for gun owners.

He said destigmatizing seeking mental health resources is an important way to help gun owners struggling with suicidal ideation. One key part of doing that is ensuring people that they can reach out for help without having to worry about losing their firearms. Often that's one key reason gun owners are hesitant.

That's why Walk The Talk America works directly with mental health professionals to help them better understand how to reach out to gun owners without alienating them. They have also started a network of approved providers who have experience working with gun owners. They've begun connecting those in crisis with those trained and able to help.

Sodini said the issue is one that the community needs to take seriously and do more to address. He lost a friend to gun suicide and knows exactly how devastating it can be. I, unfortunately, can say the same.

The more gun owners can do to look out for each other, the fewer we will lose to suicide. That's the key takeaway, according to Sodini.

Plus, Contributing Writer Jake Fogelman and I discuss how a new California gun law is dashing the dreams of a young female Olympic hopeful. And we talk a bit about my girlfriend's search for a concealed carry gun and Jake's own carry gun update.

Special Guest: Michael Sodini.

This week we're taking a closer look at the latest lawsuit against California's unique handgun restrictions.

So, who better to talk to than one of the plaintiffs in the case? That's why I reached out to Reno May. He has joined the suit claiming California's ban on "unsafe" handguns violates the Second Amendment.

May's case comes after two previous challenges to the law have failed. Plaintiffs in the new case, which include the California Rifle and Pistol Association, argue the Supreme Court's New York State Rifle and Pistol Association v. Bruen decision calls for renewed scrutiny of the regulations. They contend the state's modern first-of-their-kind restrictions can't clear the text and tradition test set in Bruen because there is no historical analogue for the roster.

The "microstamping" provision, which requires all new pistol models to include technology that does not exist in any production firearm on the planet, is at the core of the plaintiffs' problems with the law. May said it shows the goal is to restrict handgun ownership rather than keep unsafe firearms out of the safe. He said the same was true of the requirement that three approved guns be removed for every one gun added to the roster.

May said the law has a number of contradictions that undermine it as well. He noted that law enforcement is allowed to own and carry pistols the state deems "unsafe," and the majority of the guns on the roster don't include the safety features required in the act.

Joining the suit puts May in the company of others who operate popular YouTube channels focused on gun ownership. He explained why he decided to get more involved in activism and why he thinks other "GunTubers" are doing the same.

Plus, Contributing Writer Jake Fogelman and I talk about the new ATF inspection controversy and how it gives insight into the new relationship between the agency and the industry.

Special Guest: Reno May.

This week we're bringing in a fresh perspective on the Supreme Court's landmark decisions in New York State Rifle & Pistol Association v. Bruen.

I've talked with National Review's Charles Cooke and Cam Edwards of Bearing Arms about the case and its likely fallout on previous episodes of the podcast. It's only sensible to try and get another credible voice who looks at the situation from a different point of view. 

Andrew Willinger, the new executive director of Duke University's Center for Firearms Law, was gracious enough to fill that role. He gave his interpretation of what the court ruled in Bruen as well as its likely impact on Second Amendment cases moving forward.

He argued the new text and tradition test leaves a lot of room for interpretation. He predicted there would be a lot of growing pains as the lower courts try to feel out how exactly to proceed with gun cases. Still, he said many modern gun regulations are at greater risk of being found unconstitutional under the Bruen standard.

Plus, Contributing Editor Paul Crookston and I talk about the "assault weapons" ban just passed by the House.

Special Guest: Andrew Willinger.

Democrats on the House Judiciary Committee voted to move an "assault weapons" ban for the first time in decades this week.

The move came as a bit of a surprise. Democrats haven't passed an assault weapons ban at the federal level since the original one expired in 2004. They didn't include one alongside the other measures in the gun-control package they passed in the wake of the Uvalde shooting.

So, I brought Cam Edwards from Bearing Arms on to discuss the changing tides. Cam is one of the most insightful pro-gun writers out there and has been for a long time. He follows gun developments in Congress as close as anyone.

He said the move is perplexing in light of the latest polling. Assault weapons bans have actually lost support since Uvalde. Quinnipiac University found support for a ban at an all-time low this week. And that drop in support has coincided with their increased popularity. The National Shooting Sports Foundation reported more than 24.4 million ARs and AKs in circulation this week.

Cam said Democrats are trying to use the ban as a wedge issue for their base. However, he doesn't see how the politics of passing the ban could help Democrats overcome the uphill battle they're facing in the midterm elections. He argued a show vote, which is what this will end up being if it does pass, is not going to satisfy most gun-control activists anyway.

He also laid out how much of an "if" this vote really is. Democrats still don't have all the votes nailed down. They might not ever get there.

Plus, Contributing Writer Jake Fogleman and I talk about the armed bystander who ended an Indiana mall shooting.

Special Guest: Cam Edwards.