This week, we’ve got a lot of Supreme Court news! The justices heard one gun case and decided to take up another.
The Court granted Smith & Wesson’s request to take up its fight with Mexico over whether the American gun industry is responsible for cartel violence across the border. Then, it heard oral arguments in the challenge to the Biden Administration’s “ghost gun” kit ban. Contributing Writer Jake Fogleman explains in a piece for members why it looks like this ban has a better chance of surviving than the bump stock ban did.
We also found out what kind of gun Vice President Kamala Harris owns this week. She said it’s a Glock, and she has fired it before–at least at a shooting range. That gives us some basic insight into her gun ownership but leaves even more questions unanswered. Speaking of the election, we also have a members’ piece breaking down where the biggest gun groups are spending money and some of the surprising messages they’re relying on.
Plus, crime data analyst Jeff Asher joins the podcast to discuss the murder rate dropping and whether the data is reliable. Down in the links, we’ve got several great stories–including one from Semafor that quotes me. The Dispatch is also back, offering a free month of their membership to Reload readers!
Supreme Court Weighs When Parts Become a Firearm
By Jake Fogleman
The nation’s highest court considered the legality of one of the cornerstone policies of President Joe Biden’s gun-control agenda on Tuesday.
The Supreme Court heard oral arguments in the case Garland v. VanDerStok. The case centers on the legality of President Biden’s executive order requiring sellers of unfinished firearms parts kits to treat them as completed firearms by engraving them with serial numbers, obtaining federal gun maker licenses, and performing background checks on their sale. That order, which prompted a 2022 ATF rulemaking codifying its intent, relies on a more than 50-year-old statute that defines when a product is regulated firearm. The justices spent nearly 90 minutes going back and forth with attorneys on both sides of the dispute, probing where to draw the line between a collection of unfinished gun parts and a completed gun under the statute.
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Analysis: VanDerStok Oral Arguments Went Well for the ATF [Member Exclusive]
By Jake Fogleman
For the second time in less than a year, the Supreme Court heard oral arguments in a case testing the ATF’s power to reinterpret existing federal firearms law. This time, the government seemed to find a more receptive audience.
On Tuesday, the nine justices presided over nearly an hour and a half of questioning in the case Garland v. VanDerStok. They probed the attorneys on both sides of the issue to determine if the ATF acted lawfully when, in 2022, at the direction of President Joe Biden in a bid to crack down on “ghost guns,” it reinterpreted the definition of a “firearm” under the Gun Control Act of 1968 to include unfinished firearms parts kits.
In many ways, the case is similar to the dispute over the Trump Administration’s ban on bump stocks in Cargill v. Garland. That rule involved the ATF similarly reinterpreting the 1934 National Firearms Act’s definition of “machinegun” to cover the targeted devices without an act of Congress. The federal government’s arguments in that case were met with a considerable amount of skepticism from the Court’s conservative justices during oral arguments back in February. And those same justices ultimately struck down the ATF’s rule as an unlawful exercise of agency power with a 6-3 decision in June.
Unlike in Cargill, however, at least some of the conservative justices this week seemed inclined to approve the ATF’s latest rule change.
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SCOTUS Agrees to Hear Smith & Wesson Fight with Mexico
By Stephen Gutowski
The Supreme Court of the United States (SCOTUS) has accepted Smith & Wesson’s request to decide whether Mexico’s suit against the gunmaker should be tossed out.
On Friday, SCOTUS granted cert in Smith & Wesson v. Mexico. The case centers on the foreign government’s claim that the American firearms industry writ large, and Smith & Wesson in particular, is responsible for cartel violence south of the border. The Court will decide whether that claim is viable under the federal Protection of Lawful Commerce in Arms Act (PLCAA).
Kamala Harris Says She Owns a Glock
By Stephen Gutowski
The Democratic Presidential Nominee owns one of the most popular handguns in America.
On Monday, Vice President Kamala Harris revealed what kind of pistol she owns. While she first publicly said she owned a handgun during her first campaign for president in 2019, she and her campaign had not said what kind of gun until now. In an interview with Bill Whitaker of 60 Minutes, Harris said her gun is a Glock.
“I have a Glock, and– I’ve had it for quite some time,” Harris said. “And– I mean, look, Bill, my background is in law enforcement. And– so there you go.”
Podcast: The Murder Rate Nosedives (with Crime Data Analyst Jeff Asher)
By Stephen Gutowski
This week, we’re looking at crime data and the unprecedented drop in the murder rate.
That’s why we have Jeff Asher from AH Datalytics back on the show. He has been following and reporting crime data for decades, and he explains how dramatic the downturn in murder is compared to the incredible spike we saw just a few years ago. He said 2023 saw a record drop in murder, and 2024 is on pace to see the same.
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 recap the Vice Presidential debate, where the candidates at the top of the ticket were asked substantive gun policy questions for the first time all season. We also unpack the latest monthly gun sale data showing a trend of rising sales heading into the election. We wrap up with a discussion on the Massachusetts Governor’s executive action to undermine a grassroots gun-rights campaign as well as a new ACLU brief the group filed in support of a Second Amendment challenge.
Analysis: Everytown, NRA Lean on Non-Gun Issues in Ramped Up Election Spending [Member Exclusive]
By Jake Fogleman
With Election Day less than a month away, the biggest players on both sides of the gun debate have started ramping up their ad spending significantly. Where they’re choosing to spend, and the messages they’re relying on are telling.
The National Rifle Association (NRA) and Everytown for Gun Safety announced new multi-million dollar ad buys in the last week. While the buys were in different races, they shared a common theme of mixing gun policy messaging with other issues–most notably crime and abortion.
On Tuesday, the NRA’s Political Victory Fund (PVF) unveiled a “seven-figure ad buy” in Ohio targeting incumbent Senator Sherrod Brown (D.) and boosting challenger Bernie Moreno (R.). The group did not disclose precisely how much it would spend on the ad campaign, only that it would air on cable networks statewide until the election. Recent Federal Election Commission independent expenditure disclosures show the group has spent $575,551.38 in support of Bernie Moreno and $510,150.62 against Sherrod Brown so far this cycle.
The group’s new 30-second ad features three women seated at a gun range and leads with messaging on crime.
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Outside The Reload
The politics of Kamala Harris’ Glock | Semafor | By Shelby Talcott
Sixth Circuit Upholds Felon in Possession Ban
Sixth Circuit Upholds Felony Indictment Gun Ban
That’s it for this week in guns.
I’ll see you all next week.
Thanks,
Stephen Gutowski
Founder
The Reload
