Donald Trump is back at the top of the news this week after appearing on a CNN town hall. A lot of headlines came out of that event, but one of the lesser-discussed ones may prove to be one of the more impactful as far as the Republican primary goes. That’s the former president’s defense of his unilateral bump stock ban.
That ban has since been found unconstitutional by two federal appeals courts and Trump doubling down on it may leave him vulnerable to his right on gun policy. And I take a close look at how Florida Governor Ron DeSantis has positioned himself to do just that. But how do their records on guns compare?
The federal courts were active this week as well. As judges try to feel out the edges of Second Amendment protections in the wake of the landmark Bruen decision, we’re beginning to see more and more decisions on who can be barred from owning guns and who can’t. Most recently, we have a ruling saying the dangerously mentally ill can be but 18-to-20-year-0lds can’t be.
Contributing Writer Jake Fogleman does a deep dive into Tennessee Governor Bill Lee’s (R.) proposal to temporarily take guns from those deemed a threat to themselves or others and how it mirrors and diverges from typical “red flag” laws.
Plus, author Mark W. Smith joins the podcast to explain where the Supreme Court’s recent action on AR-15 bans may lead.
Trump Defends Bump Stock Ban, Says it Was the NRA’s Idea
By Stephen Gutowski
Former President Donald Trump defended his decision to unilaterally ban bump stocks, which he called “very unimportant,” during a CNN town hall on Wednesday night.
The Republican presidential primary frontrunner didn’t turn back on his support for the ban, which has since been found unconstitutional by two federal appeals courts. He said he consulted with the National Rifle Association (NRA) before issuing an order to the ATF to find a way to outlaw the devices. He said the group was supportive of his effort.
“As you know, the bump stocks are actually a very unimportant thing,” Trump said. “NRA I went with them, and they said, ‘it doesn’t mean anything, or actually all they do is teach you how to shoot very inaccurately.’ So, we did that.”
Judge Rules Federal Ban on Adults Under 21 Buying Handguns is Unconstitutional
By Stephen Gutowski
18-to-20-year-olds are entitled to the same Second Amendment protections as other adults, according to a federal judge in Virginia.
On Wednesday, District Judge Robert Payne found the federal prohibition on sales of handguns to adults under 21 is unconstitutional. He ruled the government can’t stop licensed dealers from selling pistols to all adults. He said the Constitution protects the right to buy guns as part of the right to keep and bear them.
“[T]he Government’s argument is predicated on a limited, and erroneous reading, of the fundamental right protected by the Second Amendment,” Judge Payne wrote in Fraser v. ATF. “[T]he Second Amendment protects the right to purchase, not just to possess, a firearm.”
Click here to read the full piece.
Tennessee Governor Announces Special Session for ‘Red Flag’ Style Gun Law
By Jake Fogleman
The Tennessee General Assembly will officially reconvene this summer to consider legislation aimed at preventing future mass shootings.
On Monday, Governor Bill Lee (R.) formally announced a special legislative session starting August 21st. The goal of the session will be to “strengthen public safety and preserve constitutional rights,” according to Lee, and will likely involve debate over his take on legislation aimed at temporarily taking guns from those determined to be a threat to themselves or others.
“After speaking with members of the General Assembly, I am calling for a special session on August 21 to continue our important discussion about solutions to keep Tennessee communities safe and preserve the constitutional rights of law-abiding citizens,” Lee said. “There is broad agreement that action is needed, and in the weeks ahead, we’ll continue to listen to Tennesseans and pursue thoughtful, practical measures that strengthen the safety of Tennesseans, preserve Second Amendment rights, prioritize due process protections, support law enforcement and address mental health.”
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Analysis: What Makes the Tennessee Governor’s ‘Red Flag’ Proposal Different? [Member Exclusive]
By Jake Fogleman
Tennessee Governor Bill Lee (R.) has gone to great lengths to say his order of protection proposal is unlike so-called red flag laws. But how different is his preferred policy from current examples?
On Monday, Lee formally announced a special legislative session beginning August 21st dedicated to legislation aimed at preventing mass shootings. While not exclusively so, the session will likely center around his take on legislation aimed at temporarily taking guns from those determined to be a threat to themselves or others.
“After speaking with members of the General Assembly, I am calling for a special session on August 21 to continue our important discussion about solutions to keep Tennessee communities safe and preserve the constitutional rights of law-abiding citizens,” Lee said. “There is broad agreement that action is needed, and in the weeks ahead, we’ll continue to listen to Tennesseans and pursue thoughtful, practical measures that strengthen the safety of Tennesseans, preserve Second Amendment rights, prioritize due process protections, support law enforcement and address mental health.”
Lee is attempting to walk a fine line politically. Being perceived as calling for gun control in an overwhelmingly Republican state risks alienating gun-rights supporters and right-leaning voters more broadly. That’s why he is attempting to control the narrative around what his proposal actually is, drawing sharp contrasts with commonly understood “red flag” laws adopted in other states.
Now that a draft proposal of Lee’s policy has been released, it’s worth looking at how different Lee’s proposal truly is compared with the red flag confiscation orders passed elsewhere.
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Podcast: Examining the Supreme Court’s Renewed Interest in AR-15 Bans With Author Mark W. Smith
By Stephen Gutowski
The Supreme Court is back in the spotlight because it showed a sign it might soon act on so-called assault weapons bans.
But the sign comes in the form of a complex legal maneuver that needs some explaining. That’s why we have author and pro-gun lawyer Mark W. Smith on the show to suss out exactly what’s going on and what it means.
Plus, Contributing Writer Jake Fogleman and I discuss the effects of Colorado’s decade-long push to tighten its gun laws.
You can listen to the full episode on your favorite podcasting app or by clicking here. Video of the show is also available on our YouTube channel. As always, Reload Members get early access to the show on Sunday. Everyone else can listen on Monday.
Analysis: DeSantis Gun Policy Moves Exploit Trump Vulnerability [Member Exclusive]
By Stephen Gutowski
Florida Governor Ron DeSantis’s aggressive push for new pro-gun laws has set him up with an opportunity to outflank former president Donald Trump in the Republican presidential primary.
This week, DeSantis signed new regulations into law that prevent banks from denying loans and accounts to people for lawfully owning guns or operating gun businesses. It also bars banks that use social credit scores that factor gun ownership into lending decisions from doing business with the state government. It is the second major gun reform that DeSantis has signed into law this session.
Last month, DeSantis signed a bill eliminating permitting requirements for lawful adults over 21 to carry a concealed firearm. He made Florida the 25th state to do so and the second-largest behind Texas.
That is a remarkable turnaround for a state that had been tightening its gun laws just a few years prior in the wake of the Parkland school shooting. Florida had banned those under 21 from buying guns and instituted a “red flag” law, which temporarily seizes guns from those deemed to be a threat to themselves or others. And it came on the back of a Republican supermajority in both houses that has come into power since DeSantis became governor.
If you’re a Reload Member, click here to read more. If not, join today to read the whole piece!
Outside The Reload
Rhode Island Democrats set to advance assault weapon ban bill | Bearing Arms | By Cam Edwards
Ninth Circuit urged to block Nevada ghost gun ban | Courthouse News Service | By Bob Leal
That’s it for this week in guns.
I’ll see you all next week.
Thanks,
Stephen Gutowski
Founder
The Reload
