Contributing writer Jake Fogleman and I discuss the country's largest gun-control group taking a victory lap after Glock announced changes to the design of its popular pistols. We talk about the reputational risks for Glock in appearing to bow to pressure from gun-control groups and progressive lawmakers. We also cover a recent court ruling out of Florida where a state judge struck down a law setting 21 as the minimum age to legally carry a handgun.
The Supreme Court has taken a record number of Second Amendment cases this term.
Sure, that number is only two. But that's still a major development for a Court that's taken fewer than ten Second Amendment cases in its entire history. One of those chosen few cases is now Wolford v. Lopez, a challenge to Hawaii requiring licensed gun carriers to get explicit permission before entering publicly accessible private property--including stores or restaurants.
Alan Beck is the gun-rights lawyer behind that suit. He'll be arguing it at the Supreme Court. And he's the guest on this week's show.
Beck explains how Hawaii's law swaps the default presumption from one where gun carriers are generally allowed to carry into one where they aren't. He claimed the change has made it nearly impossible to legally carry in public. He then outlined his plan for convincing the justices that the law is out of line with the historical tradition of gun regulation in America, as the Court's current Second Amendment test requires.
Special Guest: Alan Beck.
Contributing writer Jake Fogleman and I discuss the Supreme Court agreeing to hear multiple Second Amendment cases in the same term for the first time in history. We cover the details of its latest case, related to the federal gun ban for marijuana users, and explain why it appears that the DOJ was able to maneuver the case to secure a favorable ruling from the justices. Additionally, we talk about Glock's decision to completely redesign its famous pistols in the face of lawsuits and a new state ban.
This week, we saw the nation's largest state effectively ban the nation's most popular handgun brand.
California Governor Gavin Newsom quietly signed the "Glock ban" into law with little fanfare, but its impact could speak volumes. That's what Cam Edwards of Bearing Arms argued on the show.
He explained that while the law doesn't directly name Glock, and it doesn't appear to implicate later pistol models from the company, it serves as an effective ban on the brand in the Golden State. That's because another California pistol ban, the handgun roster, already makes it impossible for most civilians to purchase new model Glocks. And the latest law targets the internal mechanism that the older generation Glocks are built around.
Cam acknowledged that "Glock switches," which illegally convert the semi-auto pistols to be capable of full-auto fire, have become increasingly popular in recent years. However, he argued that isn't Glock's fault and questioned both the sincerity of California lawmakers' concerns and the idea that Glocks are especially susceptible to illegal conversion attempts. He said that blaming Glock for criminals illegally modifying their guns without their cooperation or consent is wrong and warned that tactic is likely to be replicated against other popular firearm brands or models in the near future.
Special Guest: Cam Edwards.
Contributing writer Jake Fogleman and I discuss the ways in which the federal government's ongoing shutdown is impacting key functions that gun-rights advocates care about, drawing fresh criticism of the Trump administration. We also talk about a recent ruling out of the Second Circuit where a three-judge panel of all Trump-appointed judges ruled that ammunition sales aren't protected by the Second Amendment.
We are now more than a month out from the end of President Donald Trump's federal takeover of Washington, DC's police department and the deployment of federal troops and agents. We have some preliminary crime data to look at and try to judge the effect of the controversial move.
Who better to do that than Jeff Asher of AH Datalytics? He's our go-to source for crime data analysis for good reason. He has been tracking real-time insights for years, and he just wrote a deep dive into the early crime data coming out of DC from multiple sources.
Asher said the data shows some noticeable changes over the course of the takeover. Although, he also said the Metropolitan Police Department's method of using year-to-date comparisons is misleading. And many key crime areas saw little or no change.
He said one of the big challenges in judging the crime stats comes from the fact that DC's crime was already declining in most notable areas before the takeover happened. Asher argued that makes it especially difficult to suss out whether the year-to-date declines some areas saw are actually the result of armed National Guard members or ATF agents roaming the streets of DC. Still, he said shootings and carjackings in particular appeared to experience a significant, though not massive, drop beyond what you'd expect from the previous rate of decline.
Special Guest: Jeff Asher.
Contributing writer Jake Fogleman and I break down the lack of consensus among prominent Second Amendment scholars on why the Supreme Court decided to take up its latest gun carry case and how it is likely to rule on the question. We also discuss their thoughts on why the Court chose not to weigh in on the correct historical era for conducting its text, history, and tradition test.
This week, the Department of Justice (DOJ) filed a first-of-its-kind civil rights lawsuit against the Los Angeles Sheriff's Department over gun-carry permitting delays.
So, we have a man at the center of the case on the show to discuss it. Kostas Moros is a gun-rights lawyer who works at the Second Amendment Foundation, which is involved in a private suit against the department. He has also been directly impacted by the permitting process, with his own permit having expired as he waits for the department to process his renewal.
He also helped inspire the federal lawsuit. After he publicly advocated for the DOJ to pursue a pattern and practice investigation of the Sheriff's permitting process, the department reached out to him before following through.
He said the DOJ's suit is largely focused on the same claims as the private one, but he thinks it is more than a duplicative effort. He noted the DOJ has more power, prestige, and potential resources than any gun-rights group. He argued DOJ can, and did in this case, require localities to hand over important statistics and documents. They can also obtain a consent decree and oversee the department's permitting process.
Moros dismissed the Sheriff's Department's defenses for the delays. He argued funding or staffing issues aren't a viable excuse for years-long delays, especially when other counties don't have similar problems. Still, he said LA is not the only place the DOJ should consider filing this kind of suit, and he hopes this one is just a precursor to many others.
Special Guest: Kostas Moros.
Contributing writer Jake Fogleman and I talk about the Supreme Court announcing its decision to hear a new Second Amendment case dealing with Hawaii's so-called Vampire Rule for gun carry this upcoming term. We also talk about the practical impact its decision last term related to gunmaker liability protections is having in the lower courts thus far. Finally, we cover the Trump administration's ongoing rollback of a Biden-era restriction on gun exports, as well as the DOJ's new lawsuit against Los Angeles over concealed carry permits.
This week, we're looking at potential fallout for gun owners from an unexpected area: immigration.
Earlier this month, the Supreme Court of the United States (SCOTUS) issued a stay on an emergency basis in Noem v. Perdomo. Justice Brett Kavanaugh's statement in that case inspired UC Law Professor Rory Little to write a piece for SCOTUSblog on its potential implications in areas beyond immigration enforcement, including firearms law. He joins the show to elaborate on why he finds Kavanaugh's reasoning dangerous.
Little said Kavanaugh's holding that immigration agents could use a person's apparent race, accent, and location as justification to detain them is troubling. He argued the idea that agents should be able to involuntarily stop and question somebody based on the idea that some percentage of similarly situated people may have broken the law could be turned on all sorts of people. He used gun shows as a prime example, arguing they primarily attract white men and can sometimes be the site of illegal sales.
He argued an administration taking an aggressive approach to federal gun law enforcement could use Kavanaugh's logic to detain and question everyone at a gun show in hopes of catching the few that may be breaking the law. Little said that moving from a probable cause standard for detentions that relies on individualized suspicion to one based on demographics or probabilities would have far-reaching consequences for all sorts of Americans. He argued it's difficult to see how Kavanaugh's logic could be contained to immigration either, though he also emphasized Perdomo is still at a preliminary stage and other members of the majority haven't fully articulated their view on the matter.
Special Guest: Rory Little.
Contributing writer Jake Fogleman and I discuss a recent ruling out of the Second Circuit Court of Appeals that upheld New York's "sensitive places" restrictions for licensed gun carriers. We also cover a Ninth Circuit ruling that sided with a Montana gun owner fighting against a charge for carrying a shotgun in a school zone. Finally, we talk about a new letter campaign from a coalition of gun rights groups seeking a commitment from major banks that they will no longer discriminate against the firearms industry.
This week, we have another episode on our nation's recent struggles with horrendous violence. However, this time we're looking at potential solutions to that struggle.
That's why we have Let's Talk to Them director Jordan Estrada back on the show. His organization attempts to adapt lessons from research into the causes of mass shootings, such as work from The Violence Project, and apply them to real-world efforts. It tries to funnel those who are experiencing a potentially violent mental health spiral toward resources that can off ramp them from the path of violence.
Estrada said his group believes they can apply similar techniques to disuade potential assassins from carrying out attacks, too. He said the two violent phenomena share a number of similarities. But he also noted there are some differences as well.
That's why he and Let's Talk to Them are currently working on securing funding for a scientific study to better understand how prevalent mass shooting and assassination ideation really are among Americans. Then, they also want to better understand the sorts of arguments that might convince people considering those forms of violence not to go through with it.
Using the lessons learned from that research, Estrada said his group plans to further update the programs it's already using to successfully off-ramp potential shooters across the country.
Special Guest: Jordan Estrada.
Contributing writer Jake Fogleman and I provide an update in our attempt to gain clarity from the DC Metropolitan Police Department regarding the nature of its enforcement of the city's strict gun control laws during Trump's federal takeover. We also discuss the California legislature's passage of a first-in-the-nation ban on the sale of Glock handguns in a bid to crack down on illegal machine guns.
This week, we're discussing the murder of political commentator Charlie Kirk. To do that, we have Cam Edwards from Bearing Arms on the show.
While the full details and precise motivations of the killer are not completely known, the political nature of the attack--coming in the middle of one of Kirk's public debate events--is especially concerning. Cam agreed that the vast majority of people have reacted by condemning the attack. However, he was worried about the people who reacted by condoning or even celebrating the brazen act of violence.
Cam recounted how a similar phenomenon played out in his own life after he lost his wife and son. He said some people reacted with vitriol because of his firearms advocacy. However, some of those who vehemently opposed Cam's views also reached out with genuine care.
In the end, Cam said it would be easy to go down a hateful path--perhaps even lucrative. But he also said it would be corrosive for himself and for society. So, he chose not to respond with hate, and he believes that's the best way forward for everyone. Don't let the violence cow you into staying silent or into hating those opposed to you.
Special Guest: Cam Edwards.
Contributing writer Jake Fogleman and I unpack the latest information about the assassination of conservative political activist Charlie Kirk, including details suggesting troubling parallels with other recent acts of political violence. We also cover a pair of federal appeals court rulings upholding gun-free zone restrictions in Illinois and New Jersey.
This week, we're looking at the dueling reactions to the Annunciation school shooting.
On the left, Minnesota Governor Tim Walz (D.) is calling for a special session of the legislature to pass a gun-control package likely to include an AR-15 ban. On the right, the Department of Justice is reportedly considering an effort to ban all trans people from owning guns.
The Second Amendment Foundation is opposed to both of these ideas. So, we have Kostas Moros, a lawyer who was recently hired by the gun-rights group, back on the show to explain why he doesn't like the proposals and how they might fare legally and politically.
Moros said any attempt to blanket-ban people who identify as trans or who have been diagnosed with gender dysphoria from owning guns would run into serious legal and constitutional trouble. He explained that current law requires an individual finding of dangerousness for the government to strip anyone of their gun rights on the basis of mental health. He argued, even if Congress changed the law, it would run afoul of the Second Amendment, and the Supreme Court would likely strike it down.
Moros argued the same is true for the potential "assault weapons" ban that could come out of Minnesota. He said four Supreme Court justices have already signaled they'd strike down a ban, and a Minnesota law could actually provide further reason for the Court to get involved.
Special Guest: Kostas Moros.
Contributing writer Jake Fogleman and I break down the ongoing political fallout from the Annunciation Catholic school shooting in Minnesota that has now prompted both Governor Tim Walz and the Trump DOJ to explore possible gun restrictions. We also analyze what the latest monthly gun sales data says about the ongoing state of the industry.
This week, we're taking a look at the AR market.
There has been a rash of bankruptcies and acquisitions among AR-15 makers in the past year. Some of the largest producers, like Anderson Manufacturing, have shut down their operations. To explain what's going on, we have KE Arms director Russell Phagan on the show.
Phagan has been selling AR-15s and parts for over 20 years. He said the market has shifted significantly since the guns were first put on the market over 65 years ago. He said the gun's popularity was built on the back of bans, military adoption, and even pop culture prominence.
However, he argued the market dynamics have shifted the past two decades. They've become more dependent on the threat of new bans in a feast-famine cycle. And the 2020 surge was so large that Phagan argued it nearly saturated the market. Combine that with a handful of other demand-depressing factors, and things are looking grim for those specializing in ARs today.
Contributing writer Jake Fogleman and I cover the Air Force Global Strike Command's recent decision to bring back the Sig M18 pistol for active service. We also talk about the 5th Circuit's re-decision in a case challenging the constitutionality of the NFA's restrictions on suppressors. We wrap up by discussing a new ruling upholding Connecticut's AR-15 ban, as well as the continued lack of clarity surrounding gun arrests in Washington, DC, under its federal takeover.
This week, we're zooming out a bit and looking at the state of the federal judiciary.
To help us understand what's going on, we've got William & Mary law professor Jonathan Adler back on the show. He recently wrote a piece that laid out just how few judicial appointments President Donald Trump has actually made since the beginning of his second term. Not only that, but just how few opportunities he has to make new appointments from here through the end of his term.
Adler said there are just not as many federal judges retiring or creating openings by taking senior positions as there have been for other presidents, or even for Trump's first term. He said Trump's controversial appointment of his former personal lawyer Emil Bove to an appellate seat, and the potential shift in approach toward vetting it represents, may be giving current judges pause. But, he argued non-political factors, such as the increasing longevity of judges, may be playing an even bigger role.
Adler said the slow pace of vacancies and the uncertain nature of Trump's approach to his second-term appointments cast doubt on whether he'll have as much of an impact on the ideological balance of the federal judiciary as he did the first time around.
Special Guest: Jonathan H. Alder.
