The Weekly Reload Podcast

Contributing writer Jake Fogleman and I discuss US Attorney Jeanine Pirro's recent comments promising to crack down on gun carry in Washington DC, which drew widespread criticism from gun-rights supporters. We discuss how they arrived as DC police still haven't resumed publishing data on gun crime arrest statistics despite pledging to do so. We also cover the relatively uncontroversial confirmation hearing for Trump's ATF Director nominee, Robert Cekada.

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This week, we're taking a close look at the key moments in the Alex Pretti shooting.

To do that, we've got one of the best use-of-force experts out there: John Correia. John has run Active Self Protection for years, where he has analyzed countless videos of self-defense and police-involved shootings over the last decade. He is also a gun-safety instructor and expert witness.

He said there are several key moments from the shooting that provide insight into the likely legality of the agents' actions. He pointed to the moment the first agent came over to shove the woman next to Pretti, the moment he interceded with that agent, the point where he was taken to the ground, the moment Pretti was disarmed, and the point where the first shots were taken as important to understand. He explained why those interactions would be paramount for a potential jury considering the case.

He also discussed Pretti's decision to carry a gun. He said, despite President Donald Trump's comments to the contrary, carrying an extra magazine isn't unusual. Though, he also said he wouldn't advise people to carry places where they know there may be an elevated level of risk. But he said that if it's legal, it's ultimately up to the carrier to decide.

Ultimately, Correia gave his overall assessment of Pretti's killing and the agents' conduct.

Special Guest: John Correia.

Contributing writer Jake Fogleman and I discuss the ongoing fallout from the Alex Pretti shooting as it relates to gun politics, including the fact that Trump administration officials have repeatedly questioned common gun carry practices. Meanwhile, prominent Democrats and gun-control advocates have rhetorically defended Pretti's Second Amendment rights, even as their allies in Virginia are advancing legislation that would have criminalized nearly every aspect of his conduct.

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This week, we're taking a deep dive into the Supreme Court oral arguments in Wolford v. Lopez.

To do that, we have one of the people who was directly involved: Wolford's lawyer, Alan Beck. He joined the show to give us a preview of the case before oral arguments. Now, he's back to give us a rundown of how everything went from his perspective.

Beck said being in the room was an entirely different experience from listening to arguments online or reading a transcript. He said the justices were more expressive than many of the other federal judges he's argued in front of before, and it gave him extra insight into how arguments were going. He noted that at different points some of them even became visibly exasperated with some of what his opponent was saying, especially during the portion where they discussed a Black Code as evidence for Hawaii's modern gun-carry restriction.

Beck said he believes a majority of the justices favored his position. He said Justice Amy Coney Barrett appeared skeptical of his view about Second Amendment rights on private property, but he believes she came to understand his position after a long back-and-forth. Meanwhile, he said he thought his argument about the incompatibility of Hawaii's restrictions with American history won over a lot of the justices, perhaps even Justice Elana Kagan.

Special Guest: Alan Beck.

Contributing writer Jake Fogleman and I break down last week's oral arguments in Wolford v. Lopez, which saw a majority of the Supreme Court justices express skepticism toward the legality of Hawaii's "Vampire Rule" gun carry law. We also talk about the ATF's new proposal to redefine who counts as an "unlawful drug user" for the purposes of federal gun law.

This week, we're looking at one of the most bizarre and fascinating results of the recent tax cut to the National Firearms Act (NFA): a fully registered potato silencer.

To help explain the phenomenon, we have the man who made the device with us on the show. Zachary Clark appears to be the first person to get official Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) approval for a silencer made primarily of a russet potato. He said he did it for the lols, but not just them.

Clark, who is a social media manager at the National Association for Gun Rights, argued there is a very real risk to using a potato as a silencer without going through the full registration process. He noted that the ATF has repeatedly argued anything attached to the muzzle of a firearm that reduces the report of a gunshot could be considered a silencer under the NFA. He said without going through the fingerprinting and registration process, it's possible anyone who attempts to use a potato as a silencer could be charged with a federal felony carrying a decade in prison and hundreds of thousands of dollars in fines.

So, Clark said he registered a pair of potatoes as a form of political protest. Or, perhaps, political performance art is a more apt description. Either way, he said he's not expecting backlash from the ATF, even with all the attention he's receiving, but he thinks the agency changing its mind may just make the situation all the more humorous.

Special Guest: Zachary Clark.

Contributing writer Jake Fogleman and I cover a new Department of Justice legal opinion claiming that the US Postal Service's ban on mailing handguns is unconstitutional. We also cover a new campaign from a rare pro-gun Democrat that could shake up the battle for the US Senate in November.

Contributing writer Jake Fogleman and I detail some of the biggest potential stories in guns that we are watching for in the new year. We also cover a new ruling out of the Ninth Circuit Court of Appeals that found California's practice of limiting open carry unconstitutional. We also discuss the NRA's new lawsuit against its own foundation, which accuses the charity of misusing NRA trademarks and misleading NRA donors in an attempt to retaliate against reform-minded board members who recently took control of the membership organization.

This week, we're taking a look at the state of knife laws across the United States.

The Department of Justice recently made headlines, and garnered backlash, after it defended the federal Switchblade Act in court on the same day it filed suit against Washington, DC's "assault weapons" ban. To discuss the state of play in that case and against other switchblade regulations, we have Knife Rights Inc's founder Doug Ritter on the show. His group is responsible for the federal case and numerous cases against state laws around the country.

Ritter described the way switchblades, often described as automatic knives and sometimes vaguely defined, are regulated. He said the federal Switchblade Act effectively, or perhaps ineffectively, bans most interstate sales of the knives as well as their carry in certain places. He noted several states go even further and ban their possession outright.

In the case against DOJ, Ritter said his group is arguing that knives--switchblades included--are "arms" protected by the Second Amendment. He argued they fit the definition the Supreme Court has pointed to in previous cases and it makes little sense for the Trump Administration to argue AR-15s are protected by knives aren't.

Ritter further criticized the way that DOJ defended the Switchblade Act. He argued the DOJ's logic, which centers on the concealability of automatic knives and their appeal to criminals, could be and has been used to defend restrictions on AR-15s or even handguns. He dismissed the historical tradition of regulating knives cited by the DOJ as too thin to stand.

He also accused the administration of being schizophrenic on the Second Amendment.

He went on to describe his group's strategy in challenging state knife restrictions. Ritter said they filed suits in multiple federal circuits, hoping to create a split that puts pressure on the High Court to get involved. 

Special Guest: Doug Ritter.

This week, we're discussing the seemingly contradictory gun litigation moves the Department of Justice (DOJ) just made.

On the one hand, the DOJ filed a first-of-its-kind lawsuit challenging Washington, DC's "assault weapons" ban. On the other, it defended the federal switchblade carry ban. To make sense of the two moves, we have Bearing Arms' Cam Edwards back on the show.

Cam said he is impressed by the DC suit. He argued that the DOJ might have a better chance of getting the law struck down than previous challenges did. He also said it could even be a candidate for Supreme Court review, though he noted there are several other cases that are much further along in the process.

However, Cam said he's disappointed by DOJ's defense of the federal switchblade restrictions. He argued the Trump Administration has been inconsistent on Second Amendment questions, and the latest moves show a continued dichotomy between how it treats state and federal laws. He said he'd like to see all approval on gun-related legal questions run through the DOJ's Civil Rights Division's Second Amendment Section.

We also discussed the reason Cam agreed to be a last-minute guest this week: Grabagun cancelled their CEO's planned appearance on the show. The company attempted to restrict talk about their involvement with Donald Trump Jr. before ultimately deciding not to do the interview.

Special Guest: Cam Edwards.