This week, Colorado passed a novel permit-to-purchase law on nearly all semi-automatic firearms. Colorado Governor Jared Polis, who is widely considered a leading potential presidential candidate, signed the bill after helping convert it from a ban to a permitting system.
I take a look at why some gun companies are concerned about President Donald Trump’s tariffs, even after he partially “paused” many of them.
The ATF was also busy this week. After Contributing Writer Jake Fogleman pointed out there had been little news on the executive gun policy review over the weekend, the agency announced several new actions. It ended the “zero tolerance” policy for gun dealer inspections and committed to reviewing two of the rules implemented under President Joe Biden.
Then, it announced Kash Patel was no longer the ATF’s Acting Director. Instead, the role will now be filled by the Secretary of the Army Daniel Driscoll. But, for some reason, nobody could say when exactly the change happened.
Plus, gun-rights lawyer Alan Beck joins the podcast to detail evidence those under 21 could buy guns at the founding. He also gives us a detailed written explanation of evidence the Eleventh Circuit came to the wrong conclusion on that question. There are several interesting stories down in the links, including new action on a Second Amendment case from the Supreme Court.
Colorado Governor Signs Semi-Auto Permit-to-Purchase Scheme into Law
By Jake Fogleman
It will soon be much harder for Colorado gun owners to continue purchasing modern semi-automatic firearms.
In a closely guarded ceremony Thursday, Colorado Governor Jared Polis (D.) signed SB25-003 into law. The “Semiautomatic Firearms & Rapid-Fire Devices” bill criminalizes the manufacture, distribution, transfer, and purchase of any semi-automatic rifle, shotgun, or gas-operated handgun that accepts a detachable magazine. The law also carves out an exception from the ban for those who undergo an extensive permitting and training process—the first of its kind for purchasing firearms in Colorado.
“This legislation builds on our commitment to improve public safety, reduce gun violence, uphold our freedom,” Polis said in a statement.
Analysis: Why Some Gun Companies Worry About Trump’s Tariff [Member Exclusive]
By Stephen Gutowski
American manufacturers dominate the gun industry, but that doesn’t mean it won’t feel the impact of President Donald Trump’s new tariffs.
American manufacturers produced 171,810,319 guns between 2000 and 2023, according to the ATF. The same data shows Americans imported 93,335,557 guns at the same time. A different ATF report found Americans imported 26 billion rounds of ammunition between 2010 and 2020 alone.
Despite issuing a 90-day pause on most of his tariffs, President Trump said on Wednesday he was still imposing a 10 percent tax across the board and increased the rate on Chinese imports to 145 percent. The gun industry’s trade association and several gun companies who recently spoke with The Reload said they’re concerned about where this is all headed.
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Trump Admin Swaps Acting ATF Directors, Nobody Can Say When it Happened
By Stephen Gutowski
FBI Director Kash Patel is no longer in charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), but the Trump Administration won’t say when that change happened.
On Wednesday, the ATF confirmed to The Reload that Patel had left the acting director role and President Donald Trump had replaced him with Army Secretary Daniel Driscoll. However, it couldn’t say when the move was officially made, and neither could the Department of Justice (DOJ).
“To my understanding, the timeline was established by the White House so ATF cannot provide a comment,” Hadiza Buge, an ATF spokesperson, told The Reload.
Trump Admin Ends ‘Zero Tolerance’ Gun Dealer Policy, Orders New Task Force and Further Review of Biden ATF Rules
By Stephen Gutowski
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will use a lighter touch when regulating gun stores.
That was part of an announcement from the Trump Administration on Monday. It said the ATF’s Biden-era policy of “zero tolerance” for firearms dealers who break agency regulations was immediately rescinded. Meanwhile, it also said the ATF would review its rules restricting pistol-braced firearms and the sale of used guns without a federal license.
“Today’s repeal of the Zero Tolerance Policy and the comprehensive review of stabilizing brace regulations and the definition of ‘engaged in the business’ marks a pivotal step toward restoring fairness and clarity in firearms regulation,” Acting ATF Director Kash Patel said in a statement. “We are committed to working with all stakeholders to ensure our policies are balanced, constitutional and protective of Americans’ Second Amendment rights.”
Analysis: History Shows Americans Under 21 Could Buy Guns at the Founding
By Alan Beck
A newly prominent justification for barring younger adults from buying guns relies on a faulty reading of history.
Throughout the country, there are legal challenges to restrictions on the gun rights of 18-to-20-year-olds. In 2022’s New York State Rifle and Pistol Association v. Bruen, the Supreme Court held that modern gun restrictions must be justified by showing historical laws that similarly restricted firearms usage. Accordingly, governments have hired historians and otherwise scoured through history to find similar restrictions to justify their laws.
One of the latest claims used to justify firearm restrictions on individuals under 21 is that, during the Founding Era, minors were unable to form enforceable contracts for the purchase of goods, and the age of majority was 21. Last month, in NRA v. Bondi, the Eleventh Circuit relied on this premise to justify upholding Florida’s restriction on the sale of firearms to 18-to-20-year-olds.
However, a deeper look at history shows this claim fails.
Click here to read the full analysis.
Podcast: Could Americans Under 21 Buy Guns at the Founding? (Ft. Gun Lawyer Alan Beck)
By Stephen Gutowski
This week, we’re doing a deep dive into the history surrounding Americans under 21 buying guns.
That’s why we’ve got gun-rights lawyer Alan Beck on the show. He’s currently representing a client who is fighting Hawaii’s age restrictions. In the wake of the Eleventh Circuit upholding Florida’s gun sales ban for those under 21 by pointing to how contract law limited the same age group’s ability to buy guns, he researched the question.
You can listen to the show on your favorite podcasting app or by clicking here. Video of the episode is also available on our YouTube channel.
Plus, Contributing Writer Jake Fogleman and I discuss the potential fallout from President Trump’s sweeping tariff announcement on the gun and ammunition market. We talk about why the potential cost increases come at a precarious time for an industry already facing some headwinds, including another month of declining gun sales based on newly released figures. We also discuss dueling rulings in Pennsylvania and Illinois state courts on whether major gun companies can be sued for crimes committed by third parties with their products.
Analysis: Where Is the DOJ’s Second Amendment Report? [Member Exclusive]
By Jake Fogleman
On February 7th, President Donald Trump gave Attorney General Pam Bondi 30 days to finalize and submit a policy plan of action for enacting pro-gun reforms. Nearly two months later, the Trump Administration hasn’t released any plan.
“Within 30 days of the date of this order, the Attorney General shall examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, through the Domestic Policy Advisor, to protect the Second Amendment rights of all Americans,” the order stated.
The 30-day due date for that report would have been March 9th, but that day came and went without any movement from Bondi or the White House. When this omission got some attention, the Department of Justice (DOJ) told ABC News that the deadline was extended to March 16th. Since then, the department has not provided any additional progress updates and did not respond to a request for comment for this article.
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Outside The Reload
Bloomberg Pumps Cash Into Everytown for State AG Races | New York Times | By Reid J. Epstein
Americans Are Preparing for When All Hell Breaks Loose | New York Times | By Thomas Gibbons-Neff
Gun retailers fear liability law would drive them out of business | CT Mirror | By Emilia Otte
That’s it for this week in guns.
I’ll see you all next week.
Thanks,
Stephen Gutowski
Founder
The Reload
