This week, we saw two federal gun prohibitions upheld by federal appeals courts.
The first was in the Ninth Circuit, where an en banc court upheld the ban on gun possession by even non-violent felons. That further deepens the circuit split over non-violent felons, which could set up a Supreme Court showdown.
Speaking of the Supreme Court, the second case we saw this week leaned heavily on the High Court’s decision in Rahimi to uphold the domestic violence misdemeanor gun ban. I take a deep dive into the panel’s reasoning in a piece for Reload Members.
Another poll gauging how Americans feel about President Donald Trump’s handling of gun policy came out, too. It was one of his best issues, but that may not be saying a whole lot.
We even got some action on a gun bill in Congress, with the House passing an expansion of gun-carry protections for cops.
Speaking of Congress, we also saw a fight developing over the House reconciliation package, the National Firearms Act, and silencer taxes. I’ll have Congressman David Kustoff (R., Tenn.), a member of the Ways and Means Committee, on the News Update podcast today to ask him about the proposal he supported and the backlash to it. So, make sure you check that out when it drops!
Plus, Nathaniel Boos of Black Basin Outdoors is on the most recent episode of the podcast to talk about how Trump’s tariffs are already impacting the ammo market. It’s early, but the results thus far have been somewhat surprising.
Oh, I also open up my on-the-ground reporting from the NRA’s Annual Meeting to everyone. Members got access last week. This week, I want everyone to be able to see what attendees had to say about the group. Contributing Writer Jake Fogleman also takes a look at how the National Shooting Sports Foundation has supplanted the NRA in federal lobbying over the last several years.
En Banc Ninth Circuit Upholds Non-Violent Felon Gun Ban
By Jake Fogleman
The government can permanently disarm non-violent felons despite the Second Amendment, a federal appeals court has ruled.
On Friday, an en banc panel for the Ninth Circuit Court of Appeals affirmed defendant Steven Duarte’s conviction of being a felon in possession of a firearm. The panel claimed that both Supreme Court dicta and the country’s historical tradition of weapons regulation support the “permanent and categorical disarmament” of all convicted felons.
“Today, we align ourselves with the Fourth, Eighth, Tenth and Eleventh Circuits and hold that § 922(g)(1) is not unconstitutional as applied to non-violent felons like Steven Duarte,” Judge Kim McLane Wardlaw wrote for the majority in US v. Duarte.
Click here to continue reading.
Analysis: The Fourth Circuit Cites Rahimi to Uphold Domestic Violence Misdemeanor Gun Ban [Member Exclusive]
By Stephen Gutowski
A new federal appeals court ruling relied heavily on the Supreme Court’s precedent in US v. Rahimi to uphold the domestic violence misdemeanor gun ban.
On Wednesday, a unanimous Fourth Circuit panel dismissed a facial challenge to the federal prohibition on gun possession by domestic abusers. It argued the case asked very similar questions to those addressed in Rahimi and, thus, the panel came to the same conclusion as the High Court. That makes it one of only a handful of federal appeals courts to broadly apply the Supreme Court’s most recent Second Amendment case, which has not left as much of an impact on lower courts as the Justices may have hoped.
“The historical regulatory tradition Rahimi relied on to uphold the constitutionality of § 922(g)(8) under Bruen’s framework is materially indistinguishable from how that same tradition would apply to § 922(g)(9),” Judge G. Steven Agee wrote for the court in US v. Nutter. “As was true of § 922(g)(8), when enacting § 922(g)(9), Congress was ‘restrict[ing] gun use to mitigate demonstrated threats of physical violence, just as surety and going armed laws do.’ And although none of the Founding Era limitations Rahimi relied on match § 922(g)(9) any more than they did § 922(g)(8), Rahimi made it clear that they need not do so to be ‘relevantly similar’ for purposes of Bruen. An ‘analogue’ suffices. Thus, as was true in Rahimi, § 922(g)(9) ‘s purpose and method—i.e., its ‘why’ and the ‘how’—fall within the Nation’s historical tradition.”
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Poll: Americans Split on Trump and Guns
By Stephen Gutowski
Americans are divided on how President Donald Trump is handling gun policy thus far in his second term, according to a new poll.
YouGov became the latest major pollster to ask about guns late last week. It found 41 percent disapproved of Trump’s handling of firearms, while 39 percent felt the opposite. However, another 20 percent hadn’t yet made up their minds.
Though he was just two points underwater on guns, Trump fared worse with those who had strong opinions on the matter. 32 percent strongly disapproved of Trump’s handling of the issue, while 26 percent strongly approved.
What People at the NRA Annual Meeting Want to See From the Gun Group
By Stephen Gutowski
Atlanta, Georgia — The National Rifle Association’s CEO, Doug Hamlin, estimated upwards of 70,000 people showed up to the group’s conference last weekend. The Reload spoke to a dozen or so while they perused the cavernous exhibit floor of the Georgia World Congress Center, which was packed with the latest firearms and accessories the industry has to offer.
The nation’s largest gun-rights group has been battered by a half-decade-long corruption scandal, stemming from now-former CEO Wayne LaPierre’s misallocation of millions in NRA funds toward lavish personal expenses. It’s lost millions of members, seen its revenues cut nearly in half, and lost political capital along the way. But its corruption trial is now over, and reformers have taken control of its leadership positions by promising increased transparency and accountability–something that struck a chord with those on the exhibit floor.
“I love the new blood that’s coming into it and all that stuff,” Stephen Stinchcomb of Flowery Branch, Georgia, who has been an NRA member for about eight years, said about the reformers. “The old order is kind of getting out of the way, and the new guys are coming in. You’ve got fresh ideas.”
Scott, a 30-year member from Chattanooga, Tennessee, said he liked the new faces and voices leading the NRA.
“I do think, at the very top levels, very much the same way as we have in Congress, and the nation in general, it’s time for some new blood,” he said.
Bipartisan Bill Expanding Gun Carry for Cops Passes House
By Stephen Gutowski
Current and former police officers may soon be able to carry firearms into more areas across the country.
On Wednesday, the House of Representatives passed reform of the Law Enforcement Officer Safety Act (LEOSA) by a vote of 229 to 193. 14 Democrats crossed over to join 215 Republicans in passing HR 2243. It expands where officers who’ve kept up with training requirements can carry firearms to include private property open to the public, school zones, federal parks, and certain federal facilities open to the general public–such as the post office or Veterans Affairs facilities.
“I’m pleased today the House passed my bipartisan LEOSA Reform Act, which offers real solutions to address threats such as terrorism and mass shootings by ensuring that our retired and off-duty law enforcement officers can exercise their right to concealed carry – no matter where they live or visit,” Rep. Don Bacon (R., Texas), a co-sponser of the bill, said in a statement. “These measured changes will make existing law stronger and more workable for those who seek its benefits while maintaining the rigorous standards that currently apply.”
Podcast: What Ammo Market Data Says About Tariff Impacts So Far (ft. Black Basin Outdoors)
By Stephen Gutowski
This week, we’re starting to see the effects of President Trump’s tariffs on the ammo market.
To discuss the real-world pricing data we have Nathaniel Boos of Black Basin Outdoors on the show. Black Basin is an online ammo dealer, but it also publishes the most comprehensive pricing data on the internet. From that data Boos said we can already seen some signs of what’s happening.
You can listen to the show on your favorite podcasting app or by clicking here. Video of the episode is available on our YouTube channel.
Plus, Contributing Writer Jake Fogleman and I unpack federal lobbying data from the first quarter of 2025, which shows that gun-rights groups have been far outspending gun-control advocates on the Hill. We also cover new monthly gun sales data showing a continued slump for the industry. Finally, we discuss a new gun industry liability shield signed into law in Tennessee before wrapping up with some stories from outside The Reload.
Analysis: Charting the Industry’s Gun Policy Lobbying Rise [Member Exclusive]
By Jake Fogleman
Early in the second Trump Administration, the forces at work shaping American gun policy haven’t changed much, but one group has replaced an old staple at the top of the pack.
The National Shooting Sports Foundation (NSSF), the firearms industry’s trade association, has emerged as the dominant gun lobbying force. Aided in part by a boost in its own output as well as the diminishment of the country’s former top-dog, the National Rifle Association (NRA), the NSSF is currently spending more on federal lobbying than all of the other gun groups (on either side of the issue) combined.
First quarter Lobbying Disclosure Act filings show the group has already spent $1,850,000 attempting to influence the recently minted federal Republican trifecta. By contrast, the NRA, Firearms Policy Coalition (FPC), and Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) spent $626,904 put together over the same period. Meanwhile, the major gun-control groups—Everytown, Giffords, and Brady—collectively spent just $400,000.
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Outside The Reload
This year there have been zero public deadly mass shootings | Washington Post | By James Alan Fox
Eighth Circuit upholds misdemeanor domestic violence gun ban
‘Assault Weapon’ Ban Bill on the Move in Rhode Island | Bearing Arms | By Cam Edwards
Tenth Circuit Considers New Mexico’s 7-Day Waiting Period | Bloomberg Law | By Bernie Pazanowski
Feds ask First Circuit to deny gun rights to noncitizens | Courthouse News Service | By Josh Russell
That’s it for this week in guns.
I’ll see you all next week.
Thanks,
Stephen Gutowski
Founder
The Reload
