The Weekly Reload Podcast

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.Special Guest: Mark W. Smith.

The National Rifle Association's corruption trial in New York began this week, and we have the first witness called in the case on the show with us. Rocky Marshall is a former NRA board member and the first to receive votes for executive vice president against Wayne LaPierre in decades. He has also been a vocal critic of LaPierre, other key members of leadership, and outside counsel Bill Brewer. He blames their mismanagement and misconduct for the NRA's current downward spiral. Marshall laid out the questions he was asked during his testimony. The questions were wide-ranging, and he was on the stand for over an hour. He explained his view of where the prosecution is going as well as where the NRA's defense is headed. He also talked about his decision to run for the board again. He's qualified for the ballot alongside three other reform candidates. Marshall said people are underestimating how important the NRA is to the gun-rights movement and argued it's still possible to fix things from the inside. Plus, Contributing Writer Jake Fogleman and I discuss the whiplash Californians must feel as gun carry was made lawful again by a federal court ruling.Special Guest: Rocky Marshall.

This week, we're discussing some of the incongruities that make it so difficult for gun-rights advocates to beat new gun restrictions even after the Supreme Court's Bruen ruling. To do that, I got a leading Second Amendment scholar to join the show. Robert Leider, an associate professor at George Mason University's Antonin Scalia School of Law, explains why even broad gun restrictions continue to make it into law, and challenges have been less successful than many might have expected. He lays out the "asymmetry of legal liability" at the center of the dynamic. Leider argues lawmakers, like the ones behind California's expansive new "gun-free" zones, are engaging in what he calls "loopholing." He said they are attempting to disregard the Supreme Court's purpose in Bruen by finding ways to create the same effect as the laws it declared unconstitutional by using slightly different tactics. He argued there are some ways to address this beyond normal challenges, such as removing qualified immunity protections for those enforcing the new laws. But he also said gun-rights advocates are relying too much on court action in their push against new restrictions. Enforcement of California's new law has been barred again since we recorded the show, but Leider argued the outcome of the fight over the preliminary injunction is not nearly as important as people make it out to be. Plus, I explain the implications of Wayne LaPierre stepping down as head of the NRA.Special Guest: Robert Leider.

This week, we're looking at a federal judge's ruling against the Golden State's latest "gun-free zones." So, we've got one of the lawyers who won the case on to explain it. Kostas Moros, who represented the California Rifle and Pistol Association (CRPA), joins the show to recount his arguments and the judge's decision. The decision was a total victory for Moros and the plaintiffs. The judge enjoined all of the challenged sensitive places restrictions. He even went a bit beyond what the plaintiffs asked for and struck down the parking lot ban associated with many of those places. Moros argues the judge, in contrast with an opposing decision out of the Second Circuit on a similar New York law, used the proper analysis when approaching the question of where guns can be banned by default. He said many of the locations existed at the time of the Founding but had no such bans. Under the Supreme Court's Bruen decision, he said that means the modern regulation can't stand. The judge didn't stay his order. However, the day after we recorded the podcast, an appeals panel did. So, California's law will go into effect on January 1st as the case against it continues to unfold. But Moros said he and CRPA will keep fighting it as long as necessary to win. Plus, Contributing Writer Jake Fogleman and I discuss our exclusive story on how Hawaiians are effectively barred from buying guns for the next few weeks.Special Guest: Kostas Moros.

This week's episode is a bit different than normal. I'm speaking with Mike Spies from The Trace about his latest article. But, unlike a regular episode, this story impacts me personally. The subject of Mike's piece was Bob Owens. Bob was a gun-rights writer, but, more importantly, he was also a good friend of mine. Unfortunately, like many other Americans, Bob took his life several years ago. Mike agreed to come on the podcast to talk about Bob and gun suicide. It was honestly a difficult conversation to have. But I think we were able to be frank, and I believe it was constructive. Plus, Contributing Writer Jake Fogleman and I discuss the leaked document we published showing the Biden Admin's plan to curtail gun exports.Special Guest: Mike Spies.

This week, we're taking a look at record gun sales from a different point of view. The spike in new gun owners seen from 2020 through 2022 is one we've spent a lot of time examining because it's very likely to have a significant impact on American society, culture, and politics. Gun owners generally see the addition of millions more Americans to their ranks as a positive thing, even while understanding uncertainty is what likely drove many of them to the store. But Discourse Magazine editor David Masci wrote a piece recently noting the straightforward problem of high gun sales in an era where sales have come to serve as a kind of chaos meter. He joins the show to discuss the concerning idea that more people are buying guns because more people are feeling insecure in America. He argued that even if you believe in gun rights, as he does, that trend should be worrying. We have a discussion about this particular implication of the recent shift in gun culture from a hunting-first mindset to a self-defense one. And we talk about the overarching factors that have led American society to this point, both good and bad. Plus, Contributing Writer Jake Fogleman and I examine the Supreme Court's recent refusal to grant emergency relief to gun-rights plaintiffs.Special Guest: David Masci.

NBC News recently released one of the most impactful polls on gun ownership in America. So, it's time to take a deep dive into what it tells us. Who better to do that with than one of the analysts who actually conducted the poll? That's why we have Micah Roberts of Public Opinion Strategies on the show this week. He and his company run surveys for NBC, CNBC, and a number of political operations. He said the biggest takeaway from the latest NBC poll on guns was the substantial spike in ownership, especially among Democrats and suburban voters. He noted gun ownership has increased ten points in just ten years, which he argued is highly unusual because gun ownership is a trait that tends not to swing much over time. He also pointed out the remarkable 17-point increase in gun ownership among Black Americans. Roberts explained how the poll found, like many others before it, that gun ownership has a significant effect on how people view gun control. Gun owners, as you might expect, are less likely to support new gun restrictions. So, the influx of new gun owners could shape the nation's gun politics. However, he also identified a surprising trend. Democrats have seen the greatest increase in gun ownership since the poll started. But they've also seen the greatest increase in concern the government won't do enough to restrict access to guns. He said there is still an identifiable difference in how Democrats view guns based on whether they own one, but partisanship appears to have a greater effect on those views. Plus, Contributing Writer Jake Fogleman and I talk about the failed Senate "assault weapons" ban vote.Special Guest: Micah Roberts.

We're back after our Thanksgiving break, and we've got some big news out of Maryland. Not only was the state's pistol purchase law ruled unconstitutional, but the gun-carry restrictions imposed by the state's largest county were blocked too. Mark Pennak was at the center of both cases, which is why we've got him on the show this week. He's the president of Maryland Shall Issue and its lead litigator as well. He outlined the gun-rights group's arguments in both cases and how the two judges came down on them. He said the state didn't have the historical backing needed to justify their handgun restrictions, and Montgomery County effectively admitted in court they were trying to outright ban gun carry. But he said his group is ready to fight on in case either appeal the decisions. He also responded to a question raised in the dissent in the handgun case. He unpacked the idea that pistol purchase permits should be allowed to stand if they work like gun-carry permits work. He argued that's not the right message to take away from Bruen or its concurrences. Plus, Contributing Writer Jake Fogleman and I dissect the new attempt to rebrand AR-15 bans in the Senate.Special Guest: Mark Pennak.

This week, we're discussing The Washington Post's controversial decision to publish graphic images from certain mass killings. That's why I reached out to Cam Edwards, editor of Bearing Arms and longtime newsman, to give his opinion on the story and discuss mine as well. Cam recently interviewed Parkland father Ryan Petty about The Post's decision and how some families have reacted to it. He said Petty and several other families were disturbed by The Post publishing the images, especially since not everyone affected was directly contacted by the paper. Cam argued that The Post's decision to selectively publish only pictures from mass shootings that featured AR-15s made the effort transparently political. We discussed how pictures from other mass killings are almost certainly equally disturbing. But The Post singled out AR-15s as part of a clear effort to get those particular guns banned, something that was underlined by an editorial published alongside the pictures. Cam said he didn't view The Post's efforts as journalism. Instead, he argued the paper was engaged in direct activism. Plus, Contributing Writer Jake Fogleman and I talk about the strange reasoning a federal judge used to uphold Colorado's gun waiting period.Special Guest: Cam Edwards.

The Supreme Court just finished oral arguments in its latest Second Amendment case. So, this week on the show, we've got scholar David Kopel with us to give his perspective on the arguments made and the questions asked by the Justices in United States v. Rahimi. Kopel was on the show about a month ago describing his brief in the case. And the issue in that brief came up in oral arguments. Kopel reacts to the discussion around the more problematic section of the federal law that bars those subject to domestic violence restraining orders from owning guns. He also gave his view on the government retreating from the idea that anyone who isn't "law-abiding" or "responsible" can be disarmed. Kopel said that retreat was significant and could have implications for other Second Amendment cases coming down the line. At the same time, he said Rahimi's lawyer had to make his own retreats and the Justices seemed unsympathetic to his overarching argument. Kopel predicted the Court would probably release its ruling before the summer and he expected it would uphold the ban. But he said the details of the ruling are harder to predict. Plus, Contributing Writer Jake Fogleman and I discuss the massive upswing in Israeli civilian gun ownership after the October 7th attacks.Special Guest: David Kopel.