The Weekly Reload Podcast

Contributing writer Jake Fogleman and I cover the changes requested by Virginia Governor Abigail Spanberger to the state's pending "assault firearm" ban and other major gun control bills. We also discuss a new ruling out of the Second Circuit Court of Appeals upholding New York's ban on stun guns and tasers.

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This week, we're looking at how the Department of Justice (DOJ) has performed on gun policy during the second Trump Administration and why Jeanine Pirro's newest legal filing could change the review.

To examine the DOJ's track record, we have the Second Amendment Foundation's Kostas Moros on the show. He has been willing to defend the administration's overall approach to gun policy and to criticize moves he believes are likely to produce significant setbacks. He argued that the DOJ has actually been as pro-gun as any in modern history.

In fact, he said a lot of the disappointment from online gun activists stems from bad expectation setting. He argued the DOJ was never likely to stop defending all federal gun laws, nor would that move guarantee the kind of gun-rights wins some believe it would. He also said the administration's moves to sue localities over alleged violations of the Second Amendment, as well as their efforts to back gun-rights challenges, even up to the Supreme Court, create a positive case for why it has been a good ally to gun-rights activists.

Still, Moros admitted the DOJ has been pretty all over the place in its arguments at times. And he further criticized a new legal filing that stands to undermine a serious breakthrough in the gun-rights movement's fight against magazine bans. He said Jeanine Pirro, who Donald Trump appointed as US Attorney for Washington, DC, and who he is reportedly considering making the Attorney General, intervened to ask a DC court to reconsider its ruling against the city's magazine ban.

Moros argued Pirro didn't need to say anything at all, given that she isn't actively defending the law, and that her filing makes it more likely the case will be reheard. That, he noted, could undermine the all-important circuit split on the question of magazine bans. Ultimately, Moros argued, that could keep the Supreme Court from settling the question and further sour gun activists' view of the administration.

Special Guest: Kostas Moros.

Contributing writer Jake Fogleman and I cover a new ruling out the First Circuit Court of Appeals which held that waiting periods for gun sales do not even implicate the Second Amendment. We also discuss a New York federal judge's recent decision to toss a lawsuit filed by a licensed concealed carrier who was wrongfully arrested by NYPD officers who were unfamiliar with the city's gun laws.

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This week, we've got a lawyer from the American Civil Liberties Union (ACLU) on the show.

That's because the group's North Carolina affiliate has filed an amicus brief in a Second Amendment challenge that's going to be heard by the North Carolina Supreme Court. And the ACLU is on the side of the defendant who is attempting to assert his gun rights. So, to discuss the details, we have ACLU of North Carolina Legal Fellow Jacqueline Landry joining us.

Landry helped author the group's brief in State v. Ducker, a Second Amendment challenge to the state's felon-in-possession gun crime. She said Ducker's underlying felony was non-violent, fleeing the police, and he never served any time in jail. She said the case isn't even about whether or not Ducker can be disarmed, but, rather, whether he can individually challenge his charges at all.

Landry said the lower court in this case had determined that anyone convicted of a felony falls outside of "the people" that the Second Amendment protects and, therefore, can't even make an as-applied challenge to their gun charges. She said the ACLU is arguing, alongside the CATO Institute, that the judge was wrong. Landry said the Supreme Court has determined the Second Amendment guarantees an individual right, and governments have to justify their modern gun restrictions comport with the historical tradition of gun regulation to survive a challenge.

She explained that the ACLU, which has started doing more Second Amendment challenges in recent years, has adapted to the Supreme Court's view of the right. However, Landry denied that the group has modified its views on guns and civil liberties. She argued the ACLU has always been primarily concerned with pushing back against the kind of categorical infringements on individual rights, like the felon-in-possession ban. She also disagreed that the group views Second Amendment rights as more limited than First or Fourth Amendment rights.

Landry also said the ACLU is likely to continue pursuing new Second Amendment cases moving forward, even if they aren't necessarily the group's top priority.

Special Guest: Jacqueline Landry.

Contributing writer Jake Fogleman and I break down the details of a new Pete Hegseth memo that seeks to expand how many off-duty military members can carry personal firearms for self-defense on military installations. We also cover a new US Postal Service proposed rule that would allow legal gun owners to ship handguns in the mail.

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This week, we're taking a close look at the latest in the legal battle over "red flag" laws.

To help understand the ins and outs of why gun-rights activists object to the temporary gun seizure orders, we have the director of legal operations for the group challenging Maryland's version of the law. The Second Amendment Foundation's Bill Sack joins the show to discuss the latest ruling in the case, which actually went against the group.

Sack said their Maryland case centered around a dispute between a county zoning official and a resident that saw the man's guns taken from him over what he said were false claims of a threat. Sack said the incident is an example of the flaws in Maryland's system that allow for abuse of a fundamental right.

He also said the case shows the difficulty of making a Second Amendment case against red flag laws in the wake of the Supreme Court's US v. Rahimi decision. Instead, Sack said the group is relying more heavily on Fourth, Sixth, and Fourteenth Amendment claims against the lower evidentiary standards the laws use. He said the judge's point about similar procedures utilized in other contexts being blessed by the Supreme Court and others wasn't persuasive, and should be reversed--even in circumstances that don't involve firearm seizures.

Sack said the Second Amendment Foundation hasn't yet decided what to do in the Maryland case, but they plan to keep fighting red flag policies that don't meet their constitutional standards.

Special Guest: Bill Sack.

Contributing writer Jake Fogleman and I talk about a new federal court ruling out of Connecticut where a judge upheld the ban on bringing guns into a post office, splitting with recent rulings on the same law out of Texas and Florida in the process. We also discuss my upcoming range day with the National Journalism Center internship program and the dismissal of a federal lawsuit challenging Maryland's red flag law.

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This week, we're talking with a New York Times reporter about his latest story that examines guntuber Brandon Herrera's run for Congress.

Charles Homans has been at The Times since 2014. Unlike his co-author Thomas Gibbons-Neff, who was on our podcast last year, Homans doesn't focus on gun stories. Nor does he cover all 435 congressional races in each cycle.

So, he explained why Herrera's campaign in the 23rd Texas district deserves national attention. Homans said he thinks what Herrera, aka The AK Guy, is doing is emblematic of a new phase of American gun culture. He agreed that guntubers have built an audience, then a business, and are now seeking to translate all of that into political power.

We discussed some parallels between Herrera's campaign and the Illinois primary campaign of Kat Abughazaleh, a prominent left-wing online activist. Both Herrera and Abughazaleh performed better than you might expect given their lack of political experience, but didn't blow their opponents out of the water as the online enthusiasm for them might suggest. Homans said the internet isn't real life, but it's also not not real life.

Then we talked about some of the controversies Herrera's long history making online content has generated, and how that's a potential drawback in a congressional campaign. Homans also responded to some of the criticism his piece on Herrera has drawn from people like Cam Edwards of Bearing Arms. He acknowledged the skepticism that many gun-rights advocates have toward The Times, but said he works to be honest and straightforward in his reporting.

Special Guest: Charles Homans.

Contributing writer Jake Fogleman and I talk about a new settlement agreement this week that saw New York agree to stop requiring gun carry permit applicants to disclose all of their social media accounts to the state. We also provide an update on Canada's attempt to confiscate hundreds of thousands of recently banned firearms, an effort that to this point has seen a lot of government spending with little to show for it.

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This week, we're taking a look back at some of the predictions we made about what might happen in the ammo market last year and comparing that against how things actually turned out.

To help us with the deep dive, Nathaniel Boos from Black Basin Outdoors is back on the show. His company keeps charts tracking the last five years of pricing data for dozens of ammunition calibers. They also deal directly with wholesalers and suppliers.

Last May, Boos predicted ammo prices would increase, cheaper foreign brands would disappear from US shelves, American brands would grab market share, and some specialty rounds would go away due to President Donald Trump's sweeping tariffs. He said that's exactly what happened over the past year or so.

He said the Supreme Court's ruling against the tariffs has had little to no noticeable impact since the risk of new tariffs is leaving the business atmosphere in flux. Additionally, Boos said the war in Iran is beginning to pull supply away from the civilian market. He said demand has started to tick up over the last few months as well for a variety of reasons.

Boos said those factors have all culminated in dwindling supplies and rising prices. He said it's likely things will continue to get worse over the next several months. He said it's even possible the market could be headed toward pandemic-level disruptions.

Special Guest: Nathaniel Boos.