Newsletter: SCOTUS Makes an Interesting Move as ATF Gets New Leadership

The Supreme Court docket did one thing uncommon in a Second Modification case this week.

It wasn’t the transfer gun-rights activists have been hoping for. The Court docket didn’t take up an “assault weapons” ban or hid carry case. As a substitute, it granted, vacated, and remanded one other felon-in-possession problem. Contributing Author Jake Fogleman explains why this time is a bit completely different from the others and what it would imply.

The ATF additionally obtained new management this week, however not a brand new face. Lately confirmed FBI Director Kash Patel was appointed by President Trump because the performing director of the ATF. Patel has the backing of gun-rights teams however no historical past on the ATF and an extended historical past of promising revenge in opposition to Trump’s political opponents in authorities and media.

The NRA obtained some excellent news from a major trade participant, who’s rejoining the fold to assist enhance the reformers. And a federal decide knocked out a ready interval legislation after pulling down the “one bizarre trick” authorized argument that’s usually been used to uphold a myriad of gun gross sales restrictions.

Plus, Duke’s Andrew Willinger joins the podcast to provide his view of how DOJ’s Second Modification positions may change underneath Trump. And there are a bunch of different tales down within the hyperlinks, together with two from main media retailers profiling new gun house owners.

SCOTUS Sidesteps One other Felon-in-Possession Gun Ban Case By Jake Fogleman

The Supreme Court docket of the US (SCOTUS) won’t overview the constitutionality of essentially the most incessantly challenged federal gun legislation. Not less than not but.

On Monday, the Court docket declined a request by a Florida man to overview his conviction over possessing a firearm as a beforehand convicted felon. As a substitute, the justices opted to grant, vacate, and remand (GVR) that call again to the Eleventh Circuit Court docket of Appeals to be re-examined with the Supreme Court docket’s most up-to-date Second Modification resolution in thoughts.

“The motions of petitioners for go away to proceed in forma pauperis and the petitions for writs of certiorari are granted,” the Court docket wrote in its orders checklist for US v. Rambo. “The judgments are vacated, and the instances are remanded to the US Court docket of Appeals for the Eleventh Circuit for additional consideration in gentle of United States v. Rahimi.”

Click on right here to learn extra.

Evaluation: What to Make of the Supreme Court docket’s Newest GVR [Member Exclusive]By Jake Fogleman

The Supreme Court docket of the US (SCOTUS) positioned a brand new twist on a well-known sample in its remedy of Second Modification instances this week.

On Monday, the justices declined a request by a Florida man to overview his conviction over possessing a firearm as a beforehand convicted felon. As a substitute, they opted to grant, vacate, and remand (GVR) that call again to the Eleventh Circuit Court docket of Appeals to be re-examined with the Court docket’s US v. Rahimi resolution in thoughts.

Whereas a GVR in gentle of Rahimi is nothing new for the Court docket in current months, the motivation for this newest one is more durable to decipher. Each different Second Modification case despatched again right down to date has concerned a call that predated its holding on the constitutionality of the home violence restraining order gun ban. However the case the justices simply despatched again, US v. Rambo, was already determined in a post-Rahimi world.

In case you’re a Reload Member, click on right here to learn extra. If not, be a part of at the moment for unique entry!

AD: The Dispatch is For The Silent Majority of Self-Directed Thinkers

Bored with partisan media cheerleading for one staff? Get the information with out the drama while you be a part of The Dispatch.

Jonah Goldberg and Steve Hayes launched The Dispatch in 2019 to construct a permanent presence on the center-right for authentic reporting and considerate evaluation. No insulting clickbait, no false outrage, no annoying auto-play movies—simply dependable journalism that prioritizes context, depth, and understanding.

Be part of half 1,000,000 loyal readers and begin studying The Dispatch at the moment.

Reload readers: Declare your unique 30-day, all-access FREE trial at the moment.

FBI Head Kash Patel Additionally Named ATF Performing Director By Stephen Gutowski

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has a brand new chief, however it gained’t be his solely job.

On Monday, the ATF up to date its management web page to mirror that Kash Patel is now the company’s performing director. Patel, who the Senate confirmed by a 51-49 vote to run the FBI on Thursday, will now oversee his second main federal legislation enforcement company.

“ATF welcomes Performing Director Kash Patel to ATF, who was sworn in and had his first go to to ATF Headquarters in Washington, D.C. at the moment,” the company posted. “We’re enthusiastic to work collectively for a safer America!”

Click on right here to proceed studying.

Main Gun Firm Backs NRA Reformers By Stephen Gutowski

Daniel Protection, one of many nation’s largest gun makers, simply launched a video backing Nationwide Rifle Affiliation (NRA) reform candidates.

On Friday, founder Marty Daniels posted a message on the corporate’s social media accounts. He argued the NRA is important to defending the Second Modification however mentioned he’d stopped donating to it years in the past over its long-running corruption scandal. Nevertheless, he now believes the group has circled sufficient to get entangled once more.

“The Nationwide Rifle Affiliation has led the battle to maintain and bear arms, however, as you understand, they merely misplaced their manner, and many individuals like me took a step again and refused to condone their conduct with our time and sources,” Daniel informed prospects within the video. “The message was heard loud and clear, and now change is on the way in which. With former management gone and new leaders on the helm, there’s a plan in place to revive the group and restore belief with NRA members and all gun-owning Individuals.”

Click on right here to learn the total story.

Podcast: Duke’s Andrew Willinger on How Trump Might Change DOJ’s Gun Litigation Strategy By Stephen Gutowski

This week, we’re taking a better take a look at how the Trump DOJ may change its method to gun litigation.

We’ve obtained Andrew Willinger of Duke College’s Firearms Legislation Heart on the present to provide us a unique perspective from the one we obtained final week.

You possibly can take heed to the present in your favourite podcasting app or by clicking right here. Video of the episode is accessible on our YouTube channel.

Plus, Contributing Author Jake Fogleman and I cowl the Trump administration’s present freeze on processing new export licenses and the way it’s hitting the firearms trade notably arduous. We additionally speak about a federal decide issuing a preliminary injunction in opposition to Maine’s 72-hour ready interval for gun gross sales, an Arizona state decide tossing an area gun management ordinance underneath preemption, and we wrap up with some headlines from outdoors The Reload.

Audio right here. Video right here.

Evaluation: Federal Decide Delivers First 2A Win on Ready Intervals By Dismissing ‘One Bizarre Trick’ Argument [Member Exclusive] By Jake Fogleman

Gun-rights advocates discovered success in opposition to ready intervals by convincing a federal decide to buck a pattern that has been used to short-circuit the Supreme Court docket’s Second Modification take a look at.

US District Court docket Decide Lance Walker issued a preliminary injunction final week in opposition to Maine’s 72-hour ready interval for all gun gross sales. He decided {that a} blanket delay on the acquisition of firearms possible violates the Second Modification as a result of no Founding-era analogue for the observe exists.

En path to reaching that call, Walker first established the Second Modification features a proper to accumulate firearms. Whereas which may appear apparent to the typical particular person with even a cursory familiarity with the modification’s textual content, it has proved surprisingly controversial amongst federal judges.

In case you’re a Reload Member, click on right here to learn the remaining. If not, purchase a membership for unique entry to this and a whole lot of different tales!

Outdoors The Reload

Will Absorbing the ATF Into the FBI Rein in Every Company’s Abuses? | Purpose | By J.D. Tuccille

Colorado Democrats Advance Invoice Proscribing Ammo Gross sales to Younger Adults | Bearing Arms | By Cam Edwards

The trans Individuals turning to weapons for cover | Washington Publish | By Hallie Lieberman

They By no means Deliberate on Shopping for a Gun. Till They Did. | New York Instances | By Jenna Russell

Requests for gun carry permits hit document highs in January | New Jersey Monitor | By Nikita Biryukov

That’s it for this week in weapons.

If you wish to hear skilled evaluation of those tales and extra, ensure you seize a Reload membership to get our unique evaluation publication each Sunday!

I’ll see you all subsequent week.

Thanks, Stephen Gutowski Founder The Reload