This week, we are discussing a number of legal developments. So, we’ve got one of the preeminent pro-gun legal minds on the show.
Mark W. Smith, host of the Four Boxes Diner and member of the Supreme Court bar, joins me to talk about some complicated but fascinating cases. First and foremost, Smith explains why the case against Maryland’s “assault weapons” ban has been moved on to be heard before the full Fourth Circuit Court of Appeals without the lower court panel that already held arguments issuing any decision. Smith predicted that might happen.
He said it was done to try and delay the case further. He argued the intent was to keep the Supreme Court from getting ahold of the case and potentially overturning the ban. Smith said that tactic was becoming more common among liberal-leaning courts in the wake of the Supreme Court’s landmark Bruen decision.
But he also explained the Court may take up an AR ban case sooner than later anyway. He said it doesn’t even necessarily need a circuit split, which is unlikely to happen anytime soon, to weigh in on the case.
Smith also weighed in on the Department of Justice’s surprising brief in the NRA’s First Amendment case at the Supreme Court. Plus, Contributing Writer Jake Fogleman and I talk about how a board member’s letter brought the NRA’s internal turmoil back out into the open.
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. Reload Members get access on Sunday, as always. The show goes public on Monday.
2 Responses
Stephen, . Those of us who love our gun rights can certainly point to Trump’s shortcomings, no debate on that. However he is far more pro rights than the RINOs and Democrats in the 2A area, probably due to his own son being an owner of Firearms. More important – as others have stated – Trump won in Iowa by a landslide because he focused on what is far more important:: the failure of the Border and the economy. As you know the Federal Government only does two things. One, is to protect our sovereignty from enemies within and outside our country. We have been invaded, pure and simple. The second reason Trump hit the nail on the head is “drill baby drill” as we have liquid gold under our feet. What better way than to return America back to being a world economic and military leader.
Yes, we the people, need to keep and bear arms because we on a local microeconomic level are our own 1st responders. I believe Trump recognizes it and is telling us he will focus on the macro legal and economic issues. We conservatives are not seeking retribution because our success will be the retribution we are seeking. We do not want to waste our limited budget that we taxpayers must spend getting revenge. Trump’s message is powerful and goes far beyond 2A. He appears to be seeking that we interpret the Constitution as it was originally written by our Founding Fathers. Well, maybe that is a stretch, but it is far more accurate to say Trump is closer to that point then the other candidates.
I respect your view of things. And I’m not going to get into other issues beyond gun policy here. But I think Trump’s record on guns shouldn’t be very reassuring for gun voters. He will likely have policy positions most prefer compared to Joe Biden, given how low of a bar that is. But he hasn’t been consistent on the issue.
He condisered supporting an AR ban and national red flag law while president in addition to enacting the bump stock ban unilaterally. Then there’s everything he did after losing the last election, including the Capitol riot and calling for the “termination of all rules, regulations, and articles, even those found in the Constitution.”
Additionally, his rhetoric has ramped up this election cycle. He’s called his political opponents “vermin,” said he wants “retribution,” and that he wants to be a “dictator”–at least for day one. I understand many of his supporters argue he shouldn’t be taken seriously when making these comments.
But, I think it’s fair to say it’s odd the people running against him are unwilling to criticism him on any of these points. And that’s without mentioning the fact he can’t legally buy guns even now due to his federal felony indictments and it’s likely he’ll be convicted of a felony and barred from owning any guns before the election gets here.
Again, I understand many Trump supporters dislike his prosecution. But polling shows most Americans think they’re justified and, regardless, they aren’t going away anytime soon. But still none of Trump’s Republican opponents have even mentioned these things. It’s a weird strategy for conducting a campaign.
I understand you and other gun owners may weigh all of these things and still support Trump. I don’t expect everyone to view these things the same way or make the same value judgements. And I’m not trying to convince people to vote one way or the other in this analysis. I’m just trying to lay out why I think it’s a strange tactic, and probably a significant mistake, for Trump’s Republican opponents to basically ignore this issue.
It’s also a bad sign for the gun-rights movement since it shows there’s little or no competition for its support in this presidential election. Certainly, President Biden isn’t going to try to appeal to gun voters. It seems none of the Republicans running feel the need go out of their way to do so either. But I think I’ll write a whole piece fleshing that idea out at some point.