The Weekly Reload Podcast

It's time for another Q&A podcast episode! This week, we're taking some of the best questions from Reload Members. Contributing Writer Jake Fogleman joins me to offer up our best answers to those questions. And those questions covered all sorts of topics. One member asked how realistic confiscation of at least some firearms, such as AR-15s, is and what protections against the federal government implementing such a policy exists. Another asked about the long-term prospects for the gun-rights movement, especially in blue states. We also explain how circuit splits work and discuss the weakness of the "common use" standard at the center of Heller and Bruen. I also give my point of view on some of the language often employed in media coverage of the AR-15.

This week, we're discussing the tremendous effect the Supreme Court's Bruen decision has had on the lower courts in a few short months. Jake Charles, an associate professor at Pepperdine University, joins the show to give us an overview of his latest paper. In it, he comprehensively breaks down how many Second Amendment claims have been successful thus far and which ones have performed best. With 31 successful claims, the post-Bruen era has seen far more decisions against gun laws than the immediate aftermath of 2008's Heller decision. Charles said he wasn't surprised by how much of an effect Bruen has had, given the nature of the test it lays down. But he was surprised by the success rates of different challenges, though. While many carry restrictions have been struck down on a consistent basis, cases against unlawful uses of firearms or prohibited person prohibitions have seen little success. We also discuss some of the critiques Charles has of the Bruen standard generally. He explains his view that the Court forstalling the use of anything but historical laws is too restrictive. And he argues the historical test is so far underbaked, which he claims has led to confusion among lower courts. Charles responds to common pro-gun arguments that critics of Bruen are mostly upset with the standard because there simply weren't many gun regulations at the founding, which limits what can be considered Constitutional today. And he explains why he believes the Court's approach to analysis by analogue is not flexible enough to deal with modern problems the founders didn't face. Plus, Contributing Writer Jake Charles and I talk about a federal judge upholding Delaware's "assault weapons" ban despite finding the guns are in "common use" for self-defense.Special Guest: Jake Charles.

This week, California gun owners received positive news when a federal judge ruled the state's handgun restrictions are unconstitutional. So, we decided to reach out to one of the most prominent plaintiffs in the case: YouTuber Reno May. He said he is happy with the outcome of the case. He even expressed optimism that the ruling might go into effect without an appeal. Federal District Judge Judge Cormac J. Carney agreed with May and the other plaintiffs' argument that the state's "Unsafe Handgun Law" violates the Second Amendment. He found the requirement that all new models of handguns include loaded chamber indicators, magazine disconnect safeties, and microstamping were unlike anything in the historical record. Judge Carney said that the law can't stand under the Bruen standard. While the problem with California banning handguns that don't feature a theoretical technology, like Microstamping, May explained why the other two requirements were actually more challenging for gun makers to meet than they first seem. For instance, many modern guns have some kind of loaded chamber indicator, but California requires one that has a specific phrase written on it to qualify. May said the law has prevented him from buying any modern handgun from a dealer since he started buying them after 2013. He noted he and other Californians may still have to wait to buy new handguns, though, because the ruling doesn't go into effect for several more days. And he noted California is likely to appeal the verdict while asking for a stay that would delay the effect of this ruling. But he noted the odd silence from the state and gun-control supporters about the case. That gives him hope that an appeal may not be coming. May also gave us some insight into the modern pistols he plans to buy if no appeal comes. Plus, Contributing Writer Jake Fogleman and I talk about why a federal judge added Polymer80 to the list of companies the ATF can't go after under President Biden's "ghost gun" ban.Special Guest: Reno May.

President Joe Biden announced a set of new executive orders this week that could have wide-ranging effects. But what does his order actually do? Well, that's what we brought Amy Swearer on to explain. She's the conservative Heritage Foundation's gun policy expert who regularly testifies on Capitol Hill. She said three of the initiatives have the potential to have a severe impact on gun owners across America. The effort to broaden the requirement for those selling guns to obtain a federal license, the directive that federal agencies and the military try to add gun-control requirements to their gun acquisition contracts, and the request for the Federal Trade Commission to investigate gun company advertising could have the most significant effect. Swearer said those policies could make it much more difficult for private individuals and companies to sell guns. However, we don't yet know precisely how the administration will put President Biden's order into practice. And there are real hurdles to implementing them in the most aggressive possible approach. When it comes to changing the standard for who qualifies as being "engaged in the business" of dealing guns, the President will have to work within the legal definition set by Congress. The Department of Defense is unlikely to compromise the effectiveness of its weapons to push a backdoor gun-control regime. And the FTC doesn't have to listen to Biden's request at all.  Still, Swearer argued he might push the boundaries of what's possible on all three. But this order is undoubtedly less substantial than President Biden's previous executive actions on guns. His 'ghost gun" and pistol-brace bans affect millions of Americans, potentially subjecting them to federal felon charges if they don't give up or register their affected firearms and parts. Of course, those orders are also under intense legal scrutiny. The "ghost gun" rule has already been mostly blocked, and it's very likely the pistol-brace ban will soon face the same fate. But Swearer said gun owners should remain concerned about where this new order could end up. Plus, Contributing Writer Jake Fogleman and I discuss North Carolina's gun advocates' latest effort to repeal the state's pistol-purchase-permit law.Special Guest: Amy Swearer.

On this week's episode, we're exploring a new effort to make firearms law and history a specific academic pursuit. Ashley Hlebinsky joins the show to tell us about the University of Wyoming's Firearms Research Center. She is the former curator of the Cody Firearms Museum who helped found the new center. She explains what she and a top law professor at the school hope to accomplish with the effort. Hlebinsky said the goal is to develop gun research as a unified topic of study. She said the center is hoping to bring scholars from around higher education to work together at events and on different projects. That includes working with other institutions, including Duke University's Center for Firearms Law. However, she said the UW center also plans to work with people, like herself, who don't have advanced degrees but have tremendous experience working with historic firearms. Hlebinsky argued museum curators, researchers, and show hosts have often amassed as much or more knowledge, often from working directly with primary sources, than those with graduate degrees. She wants to identify the best way to harness that knowledge while avoiding the common pitfalls of amateur historical work. She also addressed critics who have questioned the center accepting funding from some gun company executives. Hlebinsky said the funding wouldn't dictate what conclusions the center's work comes to. She said she had fought to keep the center's work independent, even threatening to resign when some lawmakers sought to control what the center could do. Hlebinsky also shared some of her favorite guns from her time as the curator at Cody Firearms Museum. She pointed to several guns that developed features years or even decades before they received mainstream adoption. And she talked about how video games and movies impacted attendance at the museum in interesting and unexpected ways. Plus, Contributing Writer Jake Fogleman and I talk about why the major credit card companies have backed away from a plan to add a merchant code for gun stores.Special Guest: Ashley Hlebinsky.

Charles Cooke is back on the show this week. The National Review senior writer is an expert on gun policy and politics. He is also a Florida Man. So, he's the perfect person to come on and talk about Governor Ron Desantis's (R.) latest push to institute new gun reforms. Cooke said Desantis's push to implement permitless gun carry and banking reforms designed to pressure financial institutions into continuing to work with gun businesses is likely to succeed. Republicans have supermajorities in both houses of the state legislature and Desantis has worked more closely with lawmakers than previous governors. So, Cooke said the bills are almost certainly going to become law by the end of the session. He argued both reforms are good policies. But, beyond the merits of the proposals, he also said the move will help Desantis in the upcoming Republican presidential primary. He said Desantis needs those pro-gun accomplishments to fend off attacks from his right on the issue. He pointed to Georgia Governor Brian Kemp and Texas Governor Greg Abbott as contenders who could credibly go after him if he doesn't get these bills through. Of course, Cooke also stacked up the potential legislative accomplishments for Desantis against former president Donald Trump's record on guns. Permitless carry and pro-gun banking reforms would give Desantis a stronger legislative record than Trump. And Trump's infamous comments expressing a desire to take troubled people's guns and have due process afterward only helps Desantis. But Trump also appointed three Supreme Court justices who were in the Bruen majority, which is clearly a major trump card. Plus, Contributing Writer Jake Fogleman and I talk about the California city trying to charge people $1,000 for a gun-carry permit. And Reload Member Liz Mair tells us about how guns have played a role in her life and why she comes to The Reload for gun news.Special Guest: Charles Cooke.

This week, we're examining the way that most gun-control groups count "gun violence." Kostas Moros, a gun-rights lawyer, joins the show to discuss the piece he wrote for The Reload about why the decision to include gun-related suicides in those counts is misleading. He explained that the majority of gun deaths, and usually up to two-thirds of them, are suicides. He said gun-control activists' claims about the correlation between strict gun laws and lower levels of "gun violence" don't hold water without including suicides. Moros argued states with strict gun laws often don't have lower gun murder rates or overall murder rates than their pro-gun neighbors. He cited his home state of California as a prime example of this phenomenon. Its murder rate is higher than its less restrictive neighbors to the north and only marginally better than Arizona, which has some of the least restrictive gun laws in the country. Additionally, Moros says treating gun suicides as a type of criminal violence is illogical. He argued no other forms of suicide are referred to as a kind of violence or included in violence counts for knives, rope, or anything else.  He noted that guns are among the most deadly suicide techniques, and gun owners should do everything possible to mitigate the problem. He also noted that the absence or presence of guns at a societal level doesn't correlate to a country's suicide rate. The United States has by far the most civilian-owned firearms in the world, but our suicide rate is comparable to most other developed nations and much lower than countries like South Korea. Plus, Contributing Writer Jake Fogleman and I look at the unethical way Brady United used an Aurora theater victim's family in a stunt lawsuit that left them bankrupt.Special Guest: Kostas Moros.

We're doing another unique episode this week. Instead of exploring a specific story from the week, we're taking a step back and looking at the state of the legal fight over guns. That's why I reached out to one of the best legal commentators out there: Mark W. Smith. He is an author, lawyer, and host of The Four Boxes Diner on YouTube. Smith gives us the state of play around gun restrictions in federal courts. He said there has been more significant movement from the courts in the seven months since SCOTUS handed down a decision in Bruen than there had been in the decade-plus between it and the landmark Heller decision. And he thinks things are just getting started. He believes the Supreme Court will likely take up multiple Second Amendment cases over its next term. Smith said they are likely to settle some questions around prohibited person restrictions. But he noted the Court usually takes up cases as a means to lay out best practices for deciding future cases as well. So, the justices are likely to look for cases where they can hand down a decision that applies well beyond the merits of the case. Smith also goes over some emerging arguments for how certain modern gun restrictions, such as magazine bans, can survive Bruen scrutiny and explains why he believes they don't hold water. Plus, Contributing Writer Jake Fogleman and I discuss Florida Governor Ron Desantis's effort to keep big banks from dropping gun companies.Special Guest: Mark W. Smith.

This week we're focused on YouTube's erratic moderation of silencers. The social media giant began deleting videos and even whole channels that featured silencers, often called suppressors, from their site a few weeks back. Then, after public outcry and an inquiry from The Reload, the company reversed course. But the damage to trust many gun creators had in the platform was already done by then. Ian McCollum, who had one of his suppressor videos from Forgotten Weapons deleted, joins the podcast to talk about the ordeal. He explains how this is not the first time YouTube has targeted gun channels with unclear policies. In fact, he said he's been dealing with these problems nearly the entire time he's been on the platform. That's why he's attempted to diversify where his content is hosted over the years. He's also taken to using alternative means for growing a sustainable income outside of YouTube in order to mitigate against the video company's impact on his ability to make the content he and his audience love. At the same time, he said he remains on YouTube because it's by far the largest platform out there and it's important to go where the audience is. He also shares some insight into what he has planned for the future of Forgotten Weapons. Both the long-term vision for the company and some hints at upcoming videos. Plus, Contributing Writer Jake Fogleman and I talk about how the NRA managed to lose over a million members in just 4 years.Special Guest: Ian McCollum.

This week we're trying something a little bit different. Usually, we have a guest on to talk about a recent gun story we've been reporting on. I thought it would be a good time to shake things up a little bit. When New York Times best-selling fantasy author Larry Correia's agent reached out about his new non-fiction book on the Second Amendment, it seemed like a good idea. Correia was amenable. So, I read his classic book Monster Hunter International and his new book In Defense of the Second Amendment to prepare for the conversation. I think they're both very good. Correia's background as a gun dealer, firearms safety instructor, and competitive shooter really comes through in both works. His breadth of knowledge about guns and real-world experience shooting them elevates the fights in Monster Hunter International with a grounding sense of realism. His up-to-date awareness of gun policy and politics puts In Defense of the Second Amendment head and shoulders above most political gun books, especially those written by someone who doesn't work full-time in the political world. We spend some time discussing his background and how it informs his prolific non-fiction writing. But most of our conversation focused on his new non-fiction work. In Defense of the Second Amendment, as you might imagine from the name, is a book gun owners looking to learn more about the political debate will enjoy most. But it's also one that provides a solid and readable guide to many of the best pro-gun arguments and responses to gun-control arguments. Those who disagree with Correia's outlook on guns may not like how he talks about gun-control activists or their ideas, but they can still get a good idea of how gun-rights activists think. The book provides a good picture of how most pro-gun people think about the fight over guns in America. Plus, Contributing Writer Jake Fogleman and I discuss a Fifth Circuit panel's decision to strike down the domestic violence restraining order gun ban.Special Guest: Larry Correia.