Newsletter: The Supreme Court Considers ‘Ghost Guns’

This week, we’ve received a whole lot of Supreme Courtroom information! The justices heard one gun case and determined to take up one other.

The Courtroom granted Smith & Wesson’s request to take up its battle with Mexico over whether or not the American gun trade is accountable for cartel violence throughout the border. Then, it heard oral arguments within the problem to the Biden Administration’s “ghost gun” equipment ban. Contributing Author Jake Fogleman explains in a chunk for members why it appears to be like like this ban has a greater likelihood of surviving than the bump inventory ban did.

We additionally discovered what sort of gun Vice President Kamala Harris owns this week. She mentioned it’s a Glock, and she or he has fired it earlier than–at the very least at a taking pictures vary. That offers us some primary perception into her gun possession however leaves much more questions unanswered. Talking of the election, we even have a members’ piece breaking down the place the largest gun teams are spending cash and a few of the stunning messages they’re counting on.

Plus, crime knowledge analyst Jeff Asher joins the podcast to debate the homicide charge dropping and whether or not the info is dependable. Down within the hyperlinks, we’ve received a number of nice tales–together with one from Semafor that quotes me. The Dispatch can also be again, providing a free month of their membership to Reload readers!

Supreme Courtroom Weighs When Elements Turn into a FirearmBy Jake Fogleman

The nation’s highest courtroom thought-about the legality of one of many cornerstone insurance policies of President Joe Biden’s gun-control agenda on Tuesday.

The Supreme Courtroom heard oral arguments within the case Garland v. VanDerStok. The case facilities on the legality of President Biden’s government order requiring sellers of unfinished firearms elements kits to deal with them as accomplished firearms by engraving them with serial numbers, acquiring federal gun maker licenses, and performing background checks on their sale. That order, which prompted a 2022 ATF rulemaking codifying its intent, depends on a greater than 50-year-old statute that defines when a product is regulated firearm. The justices spent almost 90 minutes going forwards and backwards with attorneys on either side of the dispute, probing the place to attract the road between a group of unfinished gun elements and a accomplished gun underneath the statute.

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Evaluation: VanDerStok Oral Arguments Went Properly for the ATF [Member Exclusive]By Jake Fogleman

For the second time in lower than a yr, the Supreme Courtroom heard oral arguments in a case testing the ATF’s energy to reinterpret current federal firearms legislation. This time, the federal government appeared to discover a extra receptive viewers.

On Tuesday, the 9 justices presided over almost an hour and a half of questioning in the case Garland v. VanDerStok. They probed the attorneys on either side of the difficulty to find out if the ATF acted lawfully when, in 2022, on the course of President Joe Biden in a bid to crack down on “ghost weapons,” it reinterpreted the definition of a “firearm” underneath the Gun Management Act of 1968 to incorporate unfinished firearms elements kits.

In some ways, the case is just like the dispute over the Trump Administration’s ban on bump shares in Cargill v. Garland. That rule concerned the ATF equally reinterpreting the 1934 Nationwide Firearms Act’s definition of “machinegun” to cowl the focused gadgets with out an act of Congress. The federal authorities’s arguments in that case had been met with a substantial quantity of skepticism from the Courtroom’s conservative justices throughout oral arguments again in February. And those self same justices finally struck down the ATF’s rule as an illegal train of company energy with a 6-3 choice in June.

In contrast to in Cargill, nevertheless, at the very least a few of the conservative justices this week appeared inclined to approve the ATF’s newest rule change.

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SCOTUS Agrees to Hear Smith & Wesson Combat with MexicoBy Stephen Gutowski

The Supreme Courtroom of the US (SCOTUS) has accepted Smith & Wesson’s request to resolve whether or not Mexico’s go well with towards the gunmaker needs to be tossed out.

On Friday, SCOTUS granted cert in Smith & Wesson v. Mexico. The case facilities on the overseas authorities’s declare that the American firearms trade writ giant, and Smith & Wesson particularly, is accountable for cartel violence south of the border. The Courtroom will resolve whether or not that declare is viable underneath the federal Safety of Lawful Commerce in Arms Act (PLCAA).

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Kamala Harris Says She Owns a GlockBy Stephen Gutowski

The Democratic Presidential Nominee owns one of the vital fashionable handguns in America.

On Monday, Vice President Kamala Harris revealed what sort of pistol she owns. Whereas she first publicly mentioned she owned a handgun throughout her first marketing campaign for president in 2019, she and her marketing campaign had not mentioned what sort of gun till now. In an interview with Invoice Whitaker of 60 Minutes, Harris mentioned her gun is a Glock.

“I’ve a Glock, and– I’ve had it for fairly a while,” Harris mentioned. “And– I imply, look, Invoice, my background is in legislation enforcement. And– so there you go.”

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Podcast: The Homicide Charge Nosedives (with Crime Information Analyst Jeff Asher)By Stephen Gutowski

This week, we’re taking a look at crime knowledge and the unprecedented drop within the homicide charge.

That’s why we now have Jeff Asher from AH Datalytics again on the present. He has been following and reporting crime knowledge for many years, and he explains how dramatic the downturn in homicide is in comparison with the unbelievable spike we noticed just some years in the past. He mentioned 2023 noticed a report drop in homicide, and 2024 is on tempo to see the identical.

You’ll be able to hearken to the present in your favourite podcasting app or by clicking right here. Video of the episode can also be out there on our YouTube channel.

Plus, Contributing author Jake Fogleman and I recap the Vice Presidential debate, the place the candidates on the high of the ticket had been requested substantive gun coverage questions for the primary time all season. We additionally unpack the most recent month-to-month gun sale knowledge displaying a development of rising gross sales heading into the election. We wrap up with a dialogue on the Massachusetts Governor’s government motion to undermine a grassroots gun-rights marketing campaign in addition to a brand new ACLU temporary the group filed in help of a Second Modification problem.

Audio right here. Video right here.

Evaluation: Everytown, NRA Lean on Non-Gun Points in Ramped Up Election Spending [Member Exclusive]By Jake Fogleman

With Election Day lower than a month away, the largest gamers on either side of the gun debate have began ramping up their advert spending considerably. The place they’re selecting to spend, and the messages they’re counting on are telling.

The Nationwide Rifle Affiliation (NRA) and Everytown for Gun Security introduced new multi-million greenback advert buys within the final week. Whereas the buys had been in numerous races, they shared a standard theme of blending gun coverage messaging with different points–most notably crime and abortion.

On Tuesday, the NRA’s Political Victory Fund (PVF) unveiled a “seven-figure advert purchase” in Ohio concentrating on incumbent Senator Sherrod Brown (D.) and boosting challenger Bernie Moreno (R.). The group didn’t disclose exactly how a lot it would spend on the advert marketing campaign, solely that it could air on cable networks statewide till the election. Current Federal Election Fee impartial expenditure disclosures present the group has spent $575,551.38 in help of Bernie Moreno and $510,150.62 towards Sherrod Brown up to now this cycle.

The group’s new 30-second advert options three girls seated at a gun vary and leads with messaging on crime.

Should you’re a Reload Member, click on right here to learn extra. If not, purchase a membership in the present day for unique entry to this piece and a whole lot of others!

Outdoors The Reload

The politics of Kamala Harris’ Glock | Semafor | By Shelby Talcott

In Speaking About ‘Freedom,’ Harris Hopes She Has a Successful Message on Weapons | The New York Instances | Sheryl Homosexual Stolberg

Massachusetts gun activists collect sufficient signatures to place gun legislation repeal on 2026 poll | AP Information | By Steve LeBlanc

First Circuit hears oral argument over MA assault weapons ban | Courthouse Information Service | By Thomas F. Harrison

Colorado’s Gun Tax Initiative and the Second Modification | Duke Heart for Firearms Regulation | By Andrew Willinger

Justice Kagan rejects problem to California ban on gun present gross sales | Courthouse Information Service | By Kelsey Reichmann

Sixth Circuit Upholds Felon in Possession Ban

Sixth Circuit Upholds Felony Indictment Gun Ban

That’s it for this week in weapons.

If you wish to hear professional evaluation of those tales and extra, be sure to seize a Reload membership to get our unique evaluation e-newsletter each Sunday!

I’ll see you all subsequent week.

Thanks,Stephen GutowskiFounderThe Reload