The Weekly Reload Podcast

Contributing writer Jake Fogleman and I discuss the new "assault firearm" and ammunition magazine ban passed by the Virginia legislature this week. We also cover the Los Angeles County Superior Court's admission that it failed to report roughly 147,000 felony convictions to the state background check system.

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This week, we're taking a deep dive into the Supreme Court's latest Second Amendment case.

The Court spent nearly two hours debating the merits of US v. Hemani. They were trying to figure out whether the modern ban on drug users, even just those who smoke weed, is relevantly similar to Founding Era laws related to "habitual drunkards." The back-and-forth seemed to create some interesting splits among the justices and scrambled the Court's usual ideological coalitions.

To analyze the fallout from oral arguments, we have the Independence Institute's David Kopel back on the show. He has been one of the most influential Second Amendment scholars over the past 30 years, being cited in cases from the Supreme Court on down the federal judiciary. He filed a brief with the National Rifle Association arguing that the justices should side with Hemani in his challenge to the ban.

Kopel said he was a bit surprised at how oral arguments seemed to go for Hemani. He had expected greater pushback from more of the justices, especially the liberal bloc. He said the majority of the Court appeared skeptical of the law's constitutionality.

However, he said it is always possible that a justice doesn't vote the way their questions might imply. It's possible the liberals side with the government or Chief Justice John Roberts and Justice Samuel Alito, who were most skeptical of Hemani, end up going the other way. Still, he concluded that whatever the Court does in the case, it'll likely have a major impact just on the basis of how fresh Second Amendment jurisprudence is at this moment.

Special Guest: David Kopel.

Contributing writer Jake Fogleman and I discuss a new ruling from the DC Court of Appeals determining that the District's ten round magazine limit violates the Second Amendment, at least as applied to a particular criminal defendant. We also cover new NSSF background check data showing a surge in gun sales in Virginia while the state weighs strict new gun control bills, plus we recap the week's Supreme Court oral arguments in US v. Hemani.

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This week, we're doing something a bit different.

Instead of one guest, we have three. They are all members of a new initiative trying to break the decades-old logjam around gun policy. The participants from Bridging the Divide join the show to discuss how their detailed policy proposals differ from the ones our debate has centered around for years.

Dr. Michael Siegel of Tufts University, Rob Pincus of the Second Amendment Organization, and Jonathan Lowy of Global Action on Gun Violence join the show to explain their role in the project. Dr. Siegel provides an overview of the effort, while Pincus and Lowy explain the input they provided and the compromises they reached.

Pincus noted the effort isn't part of a pre-existing gun group and isn't a traditional organization at all. Instead, Siegel said it's a working group that was put together to try to update gun policy with the goal of reducing violent crime while filling the gaps in current policy. He said a big part of achieving that goal involved getting input from gun owners and gun-rights activists in addition to academics and gun-control advocates.

The working group, which went public on Thursday, produced a comprehensive policy plan complete with model legislation. They propose new variations for background checks, extreme risk protection orders, community violence intervention, suicide prevention, firearm prohibitions, dealer regulations, gun storage, and gun injury prevention. All of them have been updated to address some long-running complaints about their effectiveness or their potential to infringe on people's gun rights.

Pincus and Lowy, unlikely bedfellows given that one owns a gun company and the other has made a career of suing them, said they were proud of the work the group has done and felt their input was actually incorporated into the proposals. They both explained what they thought was the best idea in the plan and why they felt it was important for them to be involved.

Siegel admitted the policy proposals are likely to face plenty of criticism, even with the effort to try and address many of the long-standing critiques associated with each of them. He said it would likely be an uphill battle to get the proposals turned into law. But he noted the group included lawmakers as part of the working group, and he said he is confident in their plan to get other legislators on board.

Special Guests: Jonathan Lowy, Michael Siegel, and Rob Pincus.

Contributing writer Jake Fogleman and I recap President Trump's latest State of Union address, which was conspicuously light on any discussion of his administration's gun policy approach. We discuss how to interpret that omission. We also cover documents in the Epstein Files that show the convicted sex criminal's pursuit of gun rights restoration numerous times up until his second arrest.

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This week, we're taking a comprehensive look at the dozens of gun bills up for debate in Virginia.

Our guest is Philip Van Cleave. He's the president of the Virginia Citizens Defense League (VCDL), and one of the top gun-rights activists working in Richmond. He has been on the ground since the beginning of the session, and he has tracked every gun bill going through the legislature.

So far, 33 gun bills have passed through at least one chamber. Many have passed through both. Some are already identical copies, and on their way to Governor Abigal Spanberger's (D.) desk, where she's expected to sign them.

However, Van Cleave said there are several bills that each house will have to reconcile during what's called "crossover" in Virginia. That's where he believes gun-rights activists still have a chance to block at least some of the bills. He noted they were already able to block a few bills, such as the proposed $500 tax on suppressors.

Still, he said it's going to be an uphill battle to block big-ticket items like the "assault weapons" banand numerous gun-carry restrictions. But he said VCDL is going to keep pressuring lawmakers and the governor until the session ends. Then he said they plan to pursue legal actions if some of the more aggressive restrictions pass.

Special Guest: Philip Van Cleave.

Contributing writer Jake Fogleman and I examine what the Department of Justice's released Epstein files reveal about how much contact he had with Michael Bloomberg, the top funder of the gun-control movement. We also cover Epstein's repeated interest in shooting sports and the gun industry well after his 2008 sex crime conviction rendered him ineligible to possess firearms.

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This week, we're looking at the bleeding edge of gun-rights legal fights: 3D-printed gun file sharing.

After a years-long hiatus, news just dropped in one of the major legal skirmishes. The Third Circuit threw out a challenge to New Jersey's file-sharing ban on Thursday. Just before that, California sued our guest for publishing gun files on the open internet.

That guest is Florida gun-rights lawyer Matt Larosiere. He joins the show to explain California's claims against him as well as the federal lawsuit he filed against California in Florida.

Larosiere accused California of filing suit for purely political reasons. He argued the state's claims are weak and its demand for nearly $8 million in damages is absurd. He claimed the state is effectively trying to impose its will on other states, even though neither he nor the other defendants ever went to California or intentionally shared information with anyone there.

He believes the Constitution is clear that gun designs and files are protected speech. Even if you drill down into more technical computer code associated with 3D printing of guns, Larosiere argued those files are protected by the First Amendment as well. That's why he was hopeful the test the Third Circuit created for judging the nexus between gun files and the First Amendment would actually help his case, despite that court ultimately dismissing a claim against New Jersey's file-sharing ban.

Special Guest: Matt Larosiere.

Contributing writer Jake Fogleman and I discuss a long-awaited ruling out of the Third Circuit Court of Appeals, which tossed a lawsuit brought by gun-rights activists against New Jersey's ban on sharing digital gun designs. We also cover a major settlement against a gun accessory maker that gun-control advocates blamed, at least in part, for the Tops grocery store shooting in Buffalo, New York.

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This week, we're focused on the backlash to US Attorney Jeanine Pirro's recent comments about locking up "law-abiding" gun owners who travel to Washington, DC.

Pirro said she would send anyone who carried a gun into the city straight to jail. Her comments came on the heels of President Donald Trump, who appointed her, saying he didn't like that Alex Pretti was carrying a gun before being shot to death by immigration agents. Gun-rights activists, longtime allies of the president, have been outraged by all of this.

We've got Bearing Arms editor Cam Edwards on the show to weigh Pirro's walkbacks and the political cost of all this.

He argued Pirro's follow-up comments don't even really qualify as walkbacks, and he doesn't think gun-rights activists are likely to forgive or forget soon. He also criticized Pirro and other DC officials for a lack of transparency over how frequently they arrest or charge people with standalone gun-carry crimes.

Still, Cam argued that, while many Democrats have made pro-gun statements in the wake of Pretti's killing, he didn't see any good reason to believe they are becoming a viable alternative for gun-rights advocates. He pointed to Virginia and New Mexico Democrats advancing sweeping new gun sales bans, and even a ban on the ammunition magazines Pretti carried as evidence the party hasn't actually changed. Though he noted there may be reason to think that at least some Democratic voters are shifting on the issue.

Cam said the Trump Administration's recent approach to guns leaves activists between a rock and a hard place. He said it could try to win back gun owners by making a splashy announcement reversing course on enforcing DC's gun carry restrictions. However, he isn't sure whether Trump even wants to reverse course, and Republicans may end up paying a price at the polls in November over all this.

Special Guest: Cam Edwards.