This week, we’re taking a close look at the federal gun free school zones law with National Review’s Charles Cooke.
A federal appeals court just upheld the zones against a Second Amendment challenge for what may be the first time in the post-Bruen era. Cooke argued the law is bad policy, but he agreed it doesn’t violate the Second Amendment.
Instead, Cooke argued it’s actually an unconstitutional expansion of the federal government’s power to regulate interstate commerce. He noted the law had already been struck down by the Supreme Court over this issue once before. However, Congress passed a new version soon afterward. Cooke said the new law has the same problem the old one had.
We also talked about the current push to partially repeal the National Firearms Act through budget reconciliation. Cooke again said he’d like to see repeal make it through the process, but he had doubts that delisting silencers or short-barrel shotguns can clear the Byrd Rule. He also expressed some skepticism about whether language in the bill to try and nullify state NFA mirror laws would work in practice.
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. An auto-generated transcript is here. Reload Members get access on Sunday, as always. Everyone else can listen on Monday.
Plus, Contributing Writer Jake Fogleman and I break down Senate Republicans’ new proposal to remove everything but machineguns and destructive devices from the National Firearms Act as part of President Trump’s “big beautiful bill.” We discuss the upsides and pitfalls of this approach for gun-rights advocates and explain what needs to happen next for it to become law. We also cover a new ruling out of the Fifth Circuit Court of Appeals on the federal Gun Free School Zones Act, a new DOJ brief arguing that AR-15s are protected by the Second Amendment, and emerging new details surrounding a tragic shooting at a recent protest in Salt Lake City.
