The Weekly Reload Podcast

Contributing writer Jake Fogleman and I cover a recent ruling out of the Second Circuit Court of Appeals striking down New York's default ban on licensed carry in publicly accessible private property. We also discuss the absence of gun policy in public opinion polls, the ATF's assurances to trans gun owners regarding its proposed gender rule, and the rise in Virginia prosecutors pledging not to enforce the state's "assault firearm" ban.

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This week, we're speaking directly to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

The bureau just released dozens of new gun rule proposals. We've examined the details of them ourselves, we've discussed them with representatives of the gun industry, and now we're hearing directly from the man who spearheaded the effort. That's ATF Chief Counsel Robert Leider.

He joins the show to explain the bureau's thinking on the dozens of changes. He claims the ATF's goal was to streamline and, especially, modernize the gun buying process. Leider said the goal was both to remove burdens on gun owners and gun dealers, especially as a contrast to the previous administration's "zero-tolerance" approach to industry oversight.

He said he looked to shrink the background check form down as small as possible while still complying with federal law. Leider also said he found ways to shrink the burden on gun businesses as well, primarily by allowing them to store records electronically and by reducing how long they need to keep them. He then responded to criticism that the time should be reduced even further than what the ATF has proposed.

Additionally, Leider directly said the rule requiring anyone filling out any ATF form to use their birth gender is not a trans gun ban. He said even if the gender listed on somebody's state ID did not match what the ATF is telling them to put on the background check form, it wouldn't result in a gun sale denial. He also said the ATF plans to offer official guidance to gun stores on how to handle situations like that once the rule is finalized.

Leider also defended the breadth of many of the rules. He said they were designed to survive legal scrutiny, which the larger swings the bureau took under the Biden Administration couldn't.

Special Guest: Robert Leider.

Contributing writer Jake Fogleman and I discuss Virginia Governor Abigail Spanberger signing bans on so-called assault weapons and magazines capable of holding more than 15 rounds into law. We also talk about the latest financial reports for the NRA, which reveal plenty of signs of improvement for the group but also some risks.

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This week, we're looking at what makes up the bulk of the ATF's new gun rule package: industry regulations.

To discuss how the rulemaking will impact gun makers, importers, and retailers, we have Larry Keane of the National Shooting Sports Foundation (NSSF) on the show. NSSF is the gun industry's trade group, which represents most of the major gun brands in America. Keane said the ATF's proposed changes are the most significant he's seen, and he outlined some of the rules he believes will have the greatest impact.

He said that while the ATF consulted NSSF on some of the rules, the group was still reviewing the full text of the dozens of proposals. He argued it will help streamline recordkeeping and sales processing for the gun industry, as well as minimize potential paperwork violations. Keane said the change to the definition of what constitutes a willful violation will help prevent the sort of zero-tolerance policy the Biden Administration imposed.

Keane also said the rollback of the pistol brace rule is promising but leaves some questions open. He said the industry doesn't think the gender ID change will prevent anyone from buying guns, but wants further clarity. Still, he said NSSF is very happy with the overall package.

Special Guest: Larry Keane.

Contributing writer Jake Fogleman and I break down the terms of the ATF's most significant rule proposals and discuss the likely impact for gun buyers. We also cover the DOJ's latest Second Amendment lawsuit filed against the City of Denver and the State of Colorado concerning their bans on AR-15s and ammunition magazines.

Stories

This week, the ATF dropped the largest package of new gun rules in its history.

On Wednesday, the ATF got a new director and dozens of new gun rules to boot. The bureau announced 32 new rule proposals that directly implicate firearms in one way or another. Director Rob Cekada signed those rules in front of a collection of gun-rights groups--including our guest Kostas Moros's Second Amendment Foundation (SAF).

But, as Moros explains, the gun groups didn't necessarily know the exact details of what was included in the package. Even now, we still don't have the full text of the rules. Still, Moros said the information the ATF has released looks promising to SAF.

He acknowledged that none of the proposals are the kinds of big swings that the Biden Administration had taken, such as trying to reinterpret the Firearms Owners Protection Act to authorize nationwide concealed carry. But he argued that's a good thing because the rules that were proposed are more likely to stick--unlike the Biden rules, which struggled in court. He said gun-rights advocates who had proper expectations going into the ATF's announcement should be happy with what they're seeing.

Moros walked through the rules he thought would make the biggest impact, including one that might open up gun sales that don't require face-to-face pickup. He also discussed some of the proposals SAF is keeping its eye on for the details, including one that may make it more difficult for trans or non-binary people to buy guns.

Special Guest: Kostas Moros.

Contributing writer Jake Fogleman and I talk about the Senate's confirmation of Robert Cekada to be the ATF's new permanent director and his early participation in the agency's announced package of 34 new rules largely related to loosening gun restrictions. We also discuss the ongoing confusion over the legal status of Virginia's universal background check regime.

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This week, we're examining where the big push for new gun restrictions in Virginia has ended up.

The legislature has finished its job. So, we have fellow-Virginian and gun commentator Cam Edwards from Bearing Arms on the show to go over where things stand.

Lawmakers accepted seven of Democratic Governor Abigail Spanberger's recommendations for changes to the gun bills they passed. However, she rejected two of her most significant changes, including one to the "assault firearms" ban. That means she will have to decide whether to sign or veto the original language she was sent.

Cam said animosity between the governor and legislative leaders may be part of the reason the House and Senate rejected her changes. However, he said it's unlikely she vetoes either bill as a result. 

He also agreed the overall package is among the most aggressive any state has passed in a decade or more. Cam argued that could drag down the governor and her party's numbers, leaving an opening for Republicans to outperform in next year's elections. But he also said there's a good chance the legislature could come back and double down on even more gun restrictions before then.

Cam said the legal battle is where a lot of the short-term action in the fight over these bills is likely to happen. He noted there are real hurdles to victory for gun-rights activists, though, especially in federal court.

Special Guest: Cam Edwards.

Contributing writer Jake Fogleman and I discuss the Virginia legislature's rejection of Governor Abigail Spanberger's suggested amendments to increase the restrictiveness of passed "assault firearm" and magazine bans. We also discuss the Trump administration's official reclassification of marijuana under the Controlled Substances Act and what it could mean for legal marijuana users who wish to own guns.

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This week, we're doing a deep dive into the gun bills that have reached the final phase of the Virginia legislative process.

That process is pretty unique, with Governor Abigail Spanberger (D.) having a rare ability to change bills after they've already passed. To break down how that process works and what Spanberger is trying to accomplish, we have Virginia Citizens Defense League (VCDL) President Philip Van Cleave back on the show.

The changes pushed legislation in both directions, but Van Cleave said VCDL was very angry with the overall suggestions Spanberger made. That's because her recommendations to moderate a few gun bills were far less significant than those to double down on other restrictions. Specifically, he argued the changes Spanberger pushed for the "assault firearm" carry and sales ban were the most significant.

He said Spanberger's language change for what constitutes an "assault firearm" is confusing and could be read to be extremely expansive. He argued even if you take the most restrictive reading, the move would effectively ban the carry of the 15+ magazines the bill bans the sale of. That would be a substantial tightening of the proposed ban.

Still, Van Cleave said some of the changes Spanberger recommended will probably face at least some pushback from the Democratically-controlled legislature. For instance, her request to convert the 18-to-20-year-old handgun ban into an emergency measure that would go into effect immediately actually requires a 4/5ths vote of both houses to pass. Even her "assault firearm" ban changes could be doomed because she removed exemptions for retired and off-duty police, a powerful political force.

The legislature can only vote up and down on the overall changes in each bill, Van Cleave said. So, if they don't like one change, they have to reject them all.

Whatever makes it into law, though, Van Cleave said VCDL would challenge in court. He said the group is likely to go to state court to challenge, and he welcomes the possibility that the Department of Justice might file suit against the new gun bans in federal court.

Special Guest: Philip Van Cleave.