The Weekly Reload Podcast

The midterms are just over a week away, and the outcome will have a significant impact on the likely hood of new federal gun restrictions. If Democrats hold control of the House and gain seats in the Senate, the possibility they blow up the filibuster and pass new gun laws rises. If Republicans gain control of either house of Congress, the likelihood of new gun laws falls to near zero. The gun groups know this, and they're spending as much as they can to push the outcome in either direction. So, this week, I've got Anna Massoglia of Open Secrets on to examine how much those groups have raised, how much they've spent, and where they've spent it. Massoglia gave the latest numbers from the NRA, Everytown, Giffords, and Brady. She explained how the NRA is still outpacing its gun-control opponents, but not to the same degree it used to overwhelm them. In 2022, the money fight is closer to parity. However, the gun-control groups have taken a much broader approach to how they spend their money. They've even started to move into races that have nothing to do with gun policy. Massoglia also gives insight into how groups on each side of the aisle are funded. While the NRA relies on a combination of big-dollar donations and small-dollar donor fees, the gun-control groups are more likely to rely on just the latter. She breaks down what we know about how the groups raise money, and what we can't know. Plus, Contributing Writer Jake Fogleman and I cover a new federal ruling upholding California's "ghost gun" ban.Special Guest: Anna Massoglia.

The election is fast approaching, and they will determine control of Congress as well as the future of federal gun legislation. So, this week, we've got Cam Edwards of Bearing Arms on the show to talk about the impact of guns on the midterms. Or, really, whether they will have much of an impact. After all, the most recent polling shows Americans have lost interest in the issue as the election draws nearer. The gun groups have still raised and spent tens of millions thus far, with more to come. But they've all hedged their bets as well by incorporating other issues into their messaging. Cam noted that very few candidates have focused exclusively on guns either. And those who have, such as Texas Democrat Beto O'Rourke, are struggling to get close to their opponents. Still, Cam argued the issue is not a non-factor. As he noted, guns are rarely the top issue in a campaign season. Instead, gun policy can help push a close election a few points in either direction. That can be decisive in the very races likely to decide control of Congress. He also pointed to two gun-related ballot measures that are likely to serve as a real-world test of the issue's ability to drive votes. Plus, I explain why I decided to become a CNN analyst and what my role is going to look like.Special Guest: Cam Edwards.

On this week's episode, we're doing something a little bit different. Instead of interviewing somebody about something they wrote, I'm talking about a piece I wrote with my co-author. Gun-rights lawyer Kostas Moros joins me to talk about our look at what second-generation Americans thought of the Second Amendment. We set out to answer a pretty simple question: did gun-rights advocates recently invent the idea that the Second Amendment protects an individual right? The answer is no. Moros explains how he used digitized 19th-century writings to show Americans have long viewed gun rights as guaranteed to everyone. Writers famous and forgotten held the same view on that point. That doesn't mean they agreed on everything, though. Moros outlines how the 19th-century scholars clashed over whether the Second Amendment restrains the states or just the federal government, especially after a seminal post-civil war Supreme Court decision. He also delves into the divide over whether weapons useful in military combat are protected and how the modern gun-control debate turns that divide on its head. Instead of arguing "weapons of war" are unprotected by the Second Amendment, 19th-century Americans generally agreed those arms were protected while disagreeing over guns they associated with criminal activity. Moros, who commonly works on cases for the California Rifle and Pistol Association, also gives us an update on two of the group's most important cases. One against the state's magazine capacity limit and the other against a city's "sensitive places" gun ban. Plus, Contributing Writer Jake Fogleman explains Mexico's new suit against American gun dealers.Special Guest: Kostas Moros.

The FBI just released its full 2021 crime report. So, this week on the podcast, we're talking about the spike in nationwide homicides. That's why Robert VerBruggen from National Review and the Manhattan Institute is joining us. He's been writing about the ins and outs of crime data for years and has produced some of the most insightful commentary I've seen. With data from the FBI, CDC, and elsewhere indicating a significant increase in murder over the past two years, VerBruggen walks us through the trend and its implications. He also explains why the FBI's data is less reliable than its ever been before and what impact that has on everything. He said that as we've seen a historic change in the murder rate, the FBI's reporting capabilities have become historically bad. However, VerBruggen said there is still a lot we can figure out from what we do know. For instance, he said it's unlikely that the gun sales spike fueled the murder spike. Instead, he argues police pullback in the wake of the 2020 riots is largely to blame. However, even that conclusion comes with significant nuance due to how widespread the spike has been.  We also hear from Reload Member Allen, who is a new gun owner living in New York City. He explains why he decided to buy his first gun just over a year ago and what the onerous process for actually obtaining a shotgun has been like. Plus, Contributing Writer Jake Fogleman and I discuss a federal ruling blocking enforcement of the most controversial portions of New York's latest gun-carry law.Special Guest: Robert VerBruggen.

A lot has happened since the last time we took questions on the podcast. We're living through a time of great change with guns in America. Sales moved to historic levels in recent years, and millions of people from demographics that have been traditionally less likely to own guns have decided to arm themselves. Mass shootings have shocked the nation and led to the first new federal gun restrictions in generations. At the same time, the Supreme Court has handed down a seminal ruling protecting the individual right to carry firearms in public while articulating a specific new test for deciding gun cases moving forward. Add the upcoming midterm elections on top of all of that, and you can imagine Reload Members had a lot of questions. Contributing Writer Jake Fogleman and I did our best to provide some keen insight into the biggest gun stories of the day. We talked about the status of challenges to 'assault weapon' bans in the wake of Bruen, the latest with the ATF's rulemaking, how to properly assess public polling, the status of the NRA, and the fight over gun financing. We get into all of that and more.

We're focusing on a new federal court ruling calling the federal felony gun ban into question this week. That's why we've got George Mason University's Robert Leider on the podcast. He is an assistant professor at the Antonin Scalia Law School who has clerked for Justice Clarence Thomas. He has also written extensively about Second Amendment law. He said District Court Judge David Counts was correct in his conclusion that the ban on those under felony inducement receiving firearms does not have a historical analogue. He said the same is true for the ban on convicted felons possessing guns. Leider argued the text-and-tradition standard imposed by the Supreme Court's decision in New York State Rifle and Pistol Association v. Bruen calls both those federal provisions into question alongside a myriad of other gun laws. Still, he said it's unlikely the felony prohibition will end up in the dustbin. Leider said Counts's solution to the issue, which relies on the historical practice of excluding felons from protections for "the people," may not be the right answer. But he said the federal courts are likely to settle on a justification due in part to the popularity of the restrictions. He argued judicial realism will play a role in how the question plays out even if that's not what the Supreme Court requires. Leider also talked about what he views as the biggest threat to legal gun carry: New York's novel attempt to prohibit carry in public businesses by default. He said the decision to flip the presumption on its head could be difficult to contend with in court. It forces a faceoff between the right to carry and private property rights that has yet to be litigated. He said it's not clear how things will turn out and worries the policy could quickly spread to other states. Although, he also lays out a possible Achilles' Heel in New York's implementation. Plus, Contributing Writer Jake Fogleman and I talk about new polls that show how Beto O'Rourke's gun-control push in Texas is playing out. And Reload Member Bobby Mercer joins the show to talk about how he got into guns as well as what The Liberal Gun Club is and why he joined it.Special Guest: Robert Leider.

The gun industry is facing a new fight over financing for firearms. Gun companies have long struggled to obtain and keep banking services in place despite government pressure in the form of Operation Chokepoint and private pressure from big banks refusing to work with them. But now, gun buyers are facing pressure too. Gun-control advocates convinced the organization that oversees credit card merchant codes to create one for gun stores in hopes of flagging "suspicious" transactions for law enforcement. So, we have Larry Keane on to tell us how the industry is handling the change. He is the Senior Vice President of the National Shooting Sports Foundation (NSSF), which represents gun makers and dealers. They are the literal gun lobby. Keane said the change is part of a larger plan to try and surveil gun owners. He said the goal is to restrict the ability of Americans to buy guns. He said the code change alone is unlikely to significantly change how things work because the credit card companies are resisting flagging sales based on it. However, he said the goal is to not only track sales by merchant code but to reform the system to allow credit card companies to see every individual product somebody buys. That would effectively allow them to track, report, and block any gun sale to anyone in the country. Advocates for the code change argue it could be used to identify patterns that indicate they may be planning a mass shooting. Keane said that's not realistic. He argued nobody has identified any discernable buying actions that reliably set them apart from the millions of Americans who buy guns every year. He also talked about the industry slowdown that's started to show up in major companies' earnings reports. The two publicly-traded gun makers, Smith & Wesson and Ruger, saw huge dropoffs in revenue and profit. Keane said the downturn was to be expected after two years of record sales, and he isn't terribly concerned about it. Plus, Contributing Writer Jake Fogleman explains Dick Heller's latest win over DC's gun restrictions.Special Guest: Larry Keane.

We took a look at the largest-ever survey of gun owners this week. I covered the topline results, and Contributing Writer Jake Fogleman wrote an analysis for members on what the survey showed about AR-15s in American society. We plan to write quite a bit more on the study because of how much high-quality data is in it. That brings us to this week's podcast. Georgetown Professor William English, who conducted the survey, joins us to discuss the details. English said he wanted to update the evidence and address some common critiques of well-known gun owner surveys from a few decades ago. With new methods of carrying out scientific surveys, he was able to actually exceed those previous surveys by growing the number of respondents to the point where there were enough in every state to be representative. The massive sample size helped English deliver new insights on the diversity of gun ownership and how common gun carrying has become throughout the country. It also backed up other evidence on how frequent defensive gun uses are and how many Americans own magazines that hold more than ten rounds. English said the gun owners he surveyed reported using a gun for self-defense about 50 million times, a number that works out to about 1.6 million per year. He also found that most gun owners have bought the kind of magazines targeted by bans in some blue states. English also explained why he decided to use a survey to measure gun use and responded to some of the criticism self-reported self-defense incidents have faced over the years. He said his research on guns in America is only just getting started. He plans to publish several more papers on the study in addition to writing a book tackling the benefits and drawbacks of America's culture of civilian gun ownership. Plus, Jake and I talk about Smith & Wesson's sales falling off a cliff last quarter and what it means for the company moving forward.Special Guest: William English.

This week we're looking at the practical impact of President Joe Biden's "ghost gun" kit ban. The ban went into effect just a few days ago. So, it's a good time to check in and assess the fallout. That's why we've brought Rob Picus on the show. Rob is one of the key organizers behind the gunmakers match, a shooting competition for people who build their own firearms. He has become engrained in the homebuilding community. He said companies that make 80 percent frames or receivers have begun to test the new legal landscape. At least one company has made the unserialized and unfinished parts available for sale apart from the jigs and drill bits needed to finish them. Since the ATF rule considers the parts being sold alongside what's required to build them into a working gun the same as selling a working gun, the strategy to remain compliant appears to just be selling everything separately. Rob said Polymer80, one of the market's biggest companies, is also moving towards selling unfinished receivers on their own. Still, there are a lot of unanswered questions with potentially disastrous consequences for anyone who answers wrong. Rob explains the potential pitfalls. He also gives his view of the state of the effort to reform the NRA from the inside. Rob is a board member of Save the Second, which was formed to try and oust current NRA leadership and impose new internal controls after accusations of financial impropriety began hounding the gun-rights group. However, he admitted the reform movement has been much less successful than he'd initially hoped as this week's news that dissident board member Philip Journey is not being renominated for this year's ballot by his fellow board members. Plus, Contributing Writer Jake Fogleman and I discuss how California and New York are pushing back against the Supreme Court's gun-carry ruling.Special Guest: Rob Pincus.

This week we're talking about the implications of a polling trend and new political developments that should worry gun-rights advocates. So, I asked Cam Edwards of Bearing Arms to join the show. He is one of the most insightful gun writers on the planet and one of the few who has a solid understanding of national politics. We talked at length about a recent AP poll that found support for stricter gun laws was at an all-time high and, more importantly, an upward trend. Since 2013, support has climbed 19 points. That's something that I argued ought to worry gun-rights advocates. Cam agreed but cautioned against putting too much stock in any one poll. Still, he said gun-rights advocates need to focus on persuading the public that further gun restrictions aren't the answer to rising crime or mass shootings. He argued it is vital to convince people to support Second Amendment protections to ensure the long-term security of gun ownership in America. Then we turned to the midterm elections, where there was more bad news. The odds of Democrats holding the Senate and House increased in recent weeks thanks to some bellwether elections making the end of the filibuster and a flood of new federal gun restrictions more likely. Cam explained why those concerns are valid and why the nightmare scenario still isn't the probable outcome. We also have member Cody Claxton on the show this week. He tells us how he learned to shoot in the military, got back into it because of a threat to his life, and stayed in it because of competitive shooting. Plus, Contributing Writer Jake Fogleman and I talk about a federal judge ruling 18-to-20-year-olds have a right to carry a gun in Texas.Special Guest: Cam Edwards.