The Supreme Court did something unusual in a Second Amendment case this week.
It wasn’t the move gun-rights activists have been hoping for. The Court didn’t take up an “assault weapons” ban or concealed carry case. Instead, it granted, vacated, and remanded another felon-in-possession challenge. Contributing Writer Jake Fogleman explains why this time is a bit different from the others and what it might mean.
The ATF also got new leadership this week, but not a new face. Recently confirmed FBI Director Kash Patel was appointed by President Trump as the acting director of the ATF. Patel has the backing of gun-rights groups but no history at the ATF and a long history of promising revenge against Trump’s political opponents in government and media.
The NRA got some good news from a significant industry player, who is rejoining the fold to help boost the reformers. And a federal judge knocked out a waiting period law after knocking down the “one weird trick” legal argument that’s often been used to uphold a myriad of gun sales restrictions.
Plus, Duke’s Andrew Willinger joins the podcast to give his view of how DOJ’s Second Amendment positions might change under Trump. And there are a bunch of other stories down in the links, including two from major media outlets profiling new gun owners.
SCOTUS Sidesteps Another Felon-in-Possession Gun Ban Case
By Jake Fogleman
The Supreme Court of the United States (SCOTUS) will not review the constitutionality of the most frequently challenged federal gun law. At least not yet.
On Monday, the Court declined a request by a Florida man to review his conviction over possessing a firearm as a previously convicted felon. Instead, the justices opted to grant, vacate, and remand (GVR) that decision back to the Eleventh Circuit Court of Appeals to be re-examined with the Supreme Court’s most recent Second Amendment decision in mind.
“The motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted,” the Court wrote in its orders list for US v. Rambo. “The judgments are vacated, and the cases are remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of United States v. Rahimi.”
Analysis: What to Make of the Supreme Court’s Latest GVR [Member Exclusive]
By Jake Fogleman
The Supreme Court of the United States (SCOTUS) placed a new twist on a familiar pattern in its treatment of Second Amendment cases this week.
On Monday, the justices declined a request by a Florida man to review his conviction over possessing a firearm as a previously convicted felon. Instead, they opted to grant, vacate, and remand (GVR) that decision back to the Eleventh Circuit Court of Appeals to be re-examined with the Court’s US v. Rahimi decision in mind.
While a GVR in light of Rahimi is nothing new for the Court in recent months, the motivation for this latest one is harder to decipher. Every other Second Amendment case sent back down to date has involved a decision that predated its holding on the constitutionality of the domestic violence restraining order gun ban. But the case the justices just sent back, US v. Rambo, was already decided in a post-Rahimi world.
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FBI Head Kash Patel Also Named ATF Acting Director
By Stephen Gutowski
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has a new leader, but it won’t be his only job.
On Monday, the ATF updated its leadership page to reflect that Kash Patel is now the agency’s acting director. Patel, who the Senate confirmed by a 51-49 vote to run the FBI on Thursday, will now oversee his second major federal law enforcement agency.
“ATF welcomes Acting Director Kash Patel to ATF, who was sworn in and had his first visit to ATF Headquarters in Washington, D.C. today,” the agency posted. “We are enthusiastic to work together for a safer America!”
Click here to continue reading.
Leading Gun Company Backs NRA Reformers
By Stephen Gutowski
Daniel Defense, one of the nation’s largest gun makers, just released a video backing National Rifle Association (NRA) reform candidates.
On Friday, founder Marty Daniels posted a message on the company’s social media accounts. He argued the NRA is vital to protecting the Second Amendment but said he’d stopped donating to it years ago over its long-running corruption scandal. However, he now believes the group has turned around enough to get involved again.
“The National Rifle Association has led the fight to keep and bear arms, but, as you know, they simply lost their way, and many people like me took a step back and refused to condone their behavior with our time and resources,” Daniel told customers in the video. “The message was heard loud and clear, and now change is on the way. With former leadership gone and new leaders at the helm, there’s a plan in place to revive the organization and restore trust with NRA members and all gun-owning Americans.”
Click here to read the full story.
Podcast: Duke’s Andrew Willinger on How Trump May Change DOJ’s Gun Litigation Approach
By Stephen Gutowski
This week, we’re taking a closer look at how the Trump DOJ might change its approach to gun litigation.
We’ve got Andrew Willinger of Duke University’s Firearms Law Center on the show to give us a different perspective from the one we got last week.
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 cover the Trump administration’s current freeze on processing new export licenses and how it is hitting the firearms industry particularly hard. We also talk about a federal judge issuing a preliminary injunction against Maine’s 72-hour waiting period for gun sales, an Arizona state judge tossing a local gun control ordinance under preemption, and we wrap up with some headlines from outside The Reload.
Analysis: Federal Judge Delivers First 2A Win on Waiting Periods By Dismissing ‘One Weird Trick’ Argument [Member Exclusive]
By Jake Fogleman
Gun-rights advocates found success against waiting periods by convincing a federal judge to buck a trend that has been used to short-circuit the Supreme Court’s Second Amendment test.
US District Court Judge Lance Walker issued a preliminary injunction last week against Maine’s 72-hour waiting period for all gun sales. He determined that a blanket delay on the purchase of firearms likely violates the Second Amendment because no Founding-era analogue for the practice exists.
En route to reaching that decision, Walker first established the Second Amendment includes a right to acquire firearms. While that might seem obvious to the average person with even a cursory familiarity with the amendment’s text, it has proved surprisingly controversial among federal judges.
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Outside The Reload
Will Absorbing the ATF Into the FBI Rein in Each Agency’s Abuses? | Reason | By J.D. Tuccille
The trans Americans turning to guns for protection | Washington Post | By Hallie Lieberman
They Never Planned on Buying a Gun. Until They Did. | New York Times | By Jenna Russell
Requests for gun carry permits hit record highs in January | New Jersey Monitor | By Nikita Biryukov
That’s it for this week in guns.
I’ll see you all next week.
Thanks,
Stephen Gutowski
Founder
The Reload
