This week, we got the first result of President Donald Trump’s order for a review of executive branch gun policy.
It came in the form of a DOJ rule rescinding the delegation of the gun-rights restoration authority from the ATF to Attorney General Pam Bondi. That allows Bondi to restart the process, which has sat dormant for decades thanks to Congress defunding it in the 90s. It is a small step, but one in the direction that gun-rights activists have been hoping for since Trump was inaugurated.
But, as I explain in a piece for members, there was also a personnel move at the ATF this week that may be an even more significant sign of things to come.
The courts were busy, too. An en banc panel of the Ninth Circuit once again upheld California’s magazine ban, setting up a potential Supreme Court showdown. Hawaii’s uniquely onerous pistol purchase process was tossed by a different Ninth Circuit panel. Meanwhile, an en banc panel of the Eleventh Circuit upheld Florida’s gun sales ban for anyone under 21–going against a prediction I made two years ago and setting up a new circuit split I describe in another members’ piece.
We saw some big political spending as well. Everytown decided to spend big in the Wisconsin Supreme Court race at the center of the political world right now. It even dwarfed what the NRA managed to put into the race.
Plus, New York Times writer Thomas Gibbons-Neff joins the podcast to discuss his new role as a gun-beat reporter. And we have a ton of stories down in the links, including news of another famous gun maker moving out of the northeast.
Trump Administration Moves to Revive Process for Restoring Some Convicts’ Gun Rights
By Stephen Gutowski
The Department of Justice (DOJ) released a new plan to eventually create a process for restoring the gun rights of former convicts who meet an as-yet-undetermined standard.
On Wednesday, the DOJ posted an unpublished version of an interim final rule (IFR) that would rescind the delegation rights restoration from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). That power would transfer directly back to Attorney General Pam Bondi until she decided how best to outline a new process. In the IFR, Bondi claimed the move is necessary because Congress blocked funding for the ATF’s restoration process in the early 1990s and it has laid dormant ever since.
Analysis: Trump Administration Begins Push for Gun Regulation Reforms [Member Exclusive]
By Stephen Gutowski
On Wednesday, the Department of Justice released a new rule that seeks to re-open the long-dormant gun-rights restoration process.
It was the first public result of President Donald Trump’s executive order requiring Attorney General Pam Bondi to review executive branch gun policies. It’s late, and it’s more of a plan to make a plan than an immediate action, but it is a first step toward something gun-rights activists have been pursuing. It came as the Department of Health and Human Services announced it had deleted the outgoing Surgeon General’s 2024 report calling for stricter gun laws from its website–another move gun-rights activists cheered.
However, the administration did something else that’s gotten less attention but does more to foreshadow plans for further regulatory action on guns.
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En Banc Ninth Circuit Upholds California Ammo Magazine Ban
By Jake Fogleman
The Golden State’s blanket ban on ammunition magazines capable of holding more than ten rounds is constitutional, a federal appeals court ruled on Thursday.
A divided en banc panel of the Ninth Circuit Court of Appeals upheld California’s ban on so-called large-capacity magazines. The court split 7-4, with the majority holding that the types of magazines covered under the ban do not count as “arms” under the Second Amendment.
“Large-capacity magazines are optional accessories to firearms, and firearms operate as intended without a large-capacity magazine,” Judge Susan Graber wrote in Duncan v. Bonta. “A large-capacity magazine is thus an accessory or accoutrement, not an ‘Arm’ in itself. Possession of a large-capacity magazine therefore falls outside the text of the Second Amendment.”
Hawaii Handgun Purchase Limit, Inspection Requirements Ruled Unconstitutional
By Jake Fogleman
Narrow firearm purchase windows and in-person inspection mandates violate the Second Amendment, according to a federal appeals court.
On Friday, a divided three-judge panel for the Ninth Circuit Court of Appeals struck down Hawaii’s requirement that a person buy a handgun within 30 days of obtaining a purchase permit. It also ruled that a separate law requiring a purchaser to present the handgun to a police station for in-person inspection within five days of the purchase is similarly unconstitutional.
“The district court granted summary judgment to Plaintiffs, concluding that the challenged aspects of both provisions were ‘facially unconstitutional’ under the Second Amendment and permanently enjoining their enforcement,” Judge Daniel Collins for the majority wrote in Yukutake v. Lopez. “We affirm.”
Eleventh Circuit Upholds Florida Under-21 Gun Sales Ban
By Stephen Gutowski
The Second Amendment doesn’t protect the right of 18-to-20-year-olds in Florida to buy a gun, according to a new federal appeals court ruling.
On Friday, a full panel of the Eleventh Circuit upheld the Sunshine State’s ban on those under 21 buying guns. In an 8-4 decision, it argued the law met the standard for viable gun restrictions SCOTUS handed down in New York State Rifle and Pistol Association v. Bruen. The panel held the state’s age restriction is backed by enough of a historical tradition to survive a challenge by the National Rifle Association (NRA).
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Everytown Pours Money into Expensive Wisconsin Supreme Court Race
By Stephen Gutowski
One of the nation’s largest gun-control groups is spending $600,000 in one of the most costly–and consequential–judicial races in the nation.
Last week, Everytown for Gun Safety announced an ad buy in the Wisconsin race that will determine the ideological balance of the state’s Supreme Court. The group is targeting Republican-backed candidate Brad Schimel. The ad, titled 87, attacks Schimel over what Everytown describes as his “extreme agenda,” but while it mentions gun background checks, it leads with other issues.
“There have been 87 justices on the Wisconsin Supreme Court, and Brad Schimel would be the most extreme,” the ad said. “He wants to bring back the 1849 law that bans abortions, with no exceptions for rape or incest. He let domestic abusers walk with no jail time.”
Podcast: New York Times Gun Culture Reporter Thomas Gibbons-Neff On His New Beat
By Stephen Gutowski
We’ve been highlighting the fact that The New York Times, the largest paper in the country, has finally hired a gun-beat reporter. So, this week, we invited him on the show to talk about his approach and goals.
Reporter Thomas Gibbons-Neff has started consistently doing gun stories for The Grey Lady, as The Times has long been known. It’s not his first assignment. I also wouldn’t call it his most challenging since he went from active-duty service in Afghanistan to covering it and, later, the war in Ukraine.
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 talk about the Seventh Circuit ruling that short-barreled rifles aren’t “arms” under the Second Amendment. We also talk about a pair of state court rulings, one out of Oregon upholding the state’s purchase permit requirements and magazine ban, and another out of Massachusetts that upheld the state’s requirement that out-of-state visitors get a special permit before bringing their guns into the state. Then, I talk with Idaho Senator Mike Crapo (R.) about the Hearing Protection Act and his views on the GOP’s plans for gun policy in Congress.
Analysis: The Federal Court Split Over Under-21 Gun Rights [Member Exclusive]
By Stephen Gutowski
Almost exactly two years ago, I predicted Florida’s under-21 gun sales ban was unlikely to last. On Friday, the Eleventh Circuit Court of Appeals proved me wrong.
While I correctly surmised the full circuit would rehear the case after a three-judge panel OKed the ban in 2023, that en banc panel upheld the ban by an 8-4 vote. Additionally, the Republican legislature has declined to repeal the prohibition despite at least rhetorical backing from Republican Governor Ron DeSantis. That has cemented Florida’s ban for now.
However, it has also created something of a circuit split against a January ruling in the Fifth Circuit that tossed the federal ban on handgun sales to 18-to-20-year-olds. That could entice the Supreme Cout to weigh in on the gun rights of those under 21. So, it’s worthwhile to see the points of contention between the two recent rulings.
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Outside The Reload
HHS appears to delete Surgeon General gun violence advisory webpage | ABC News | By Mary Kekatos
DOJ Attorney Says Silencers Aren’t Protected By the Second Amendment | Bearing Arms | By Cam Edwards
North Carolina Senate committee approves permitless carry | NC Newsline | By Christine Zhu
That’s it for this week in guns.
I’ll see you all next week.
Thanks,
Stephen Gutowski
Founder
The Reload
