The Attorneys Normal Discussion board was held on the 2026 SHOT Present on January 21, 2026. Eight Attorneys Normal have been current. From left to proper, they have been: Montana AG Austin Knudsen (sporting cowboy hat); Missouri AG Catherine L. Hanaway; Iowa AG Brenna Fowl; West Virginia AG John B. McCuskey; Kansas AG Kris Kobach; Louisiana AG Liz Murrill; Arkansas AG Tim Griffin; and Florida AG James Uthmeier.
The dialogue began with a query concerning the Safety of Lawful Commerce in Arms Act, the PLCAA.
Montana’s AG, Austin Knudsen, answered: Sure, the Supreme Court docket had made the PLCAA clear, however lawsuits in opposition to firearms corporations for legal actions of others should not concerning the legislation; they’re about lawfare, utilizing lawsuits to break the firearms trade by the prices of continuous lawsuits. This seemed to be a consensus among the many AGs current. The lawsuits are getting used as political instruments. These bringing the lawsuits don’t count on to win.
There was appreciable dialogue of the Supreme Court docket and the circumstances it has and has not taken. There was basic dissatisfaction with the comparatively small variety of circumstances the Supreme Court docket took. Kansas AG Kris Kobach made the case for the large progress that has been made since 2008, in comparison with the earlier 70 years. He steered that the originalists on the courtroom are being very cautious to construct an enduring legacy for the Second Modification.
A number of Attorneys Normal commented that there have been prospects to construct circumstances in opposition to anti-gun organizations, bringing these lawsuits on the premise of fraud, false statements in fundraising emails, or conspiracy to defraud based mostly on these false statements. In Montana, for instance, the state AG has broad authority over non-profits.
The potential of submitting lawsuits in opposition to state governments that prohibit residents of 1 state from exercising their constitutional rights in different states was thought of a risk. West Virginia AG John B. McCuskey believes that is an upcoming instrument to guard Second Modification rights.
State lawsuits in opposition to different states are alleged to go on to the Supreme Court docket as an alternative of by way of the appellate courts. Use of the dormant commerce clause was talked about. The commerce clause was initially meant to forestall one state from inhibiting commerce with or by way of one other state. State legal guidelines that inhibit or prohibit the sale of firearms seem to instantly violate the commerce clause and the Second Modification. An instance might be state waiting-period legal guidelines, which haven’t any historic foundation.
The state’s financial energy can be utilized to forestall banks from discriminating in opposition to people concerned within the firearms trade. States can move legal guidelines stopping banks from discriminating. Banks are presently susceptible to this on account of actions by the Trump administration on the federal stage. This tactic has been profitable, however might be reversed in a future leftist administration.
Florida AG James Uthmeier advised of how he refused to defend Florida legal guidelines that he had decided have been unconstitutional. He said his oath to observe the Federal and State Constitutions pre-empted any responsibility to uphold a state legislation. The current instance was the nullification of the Florida open carry ban.
Arkansas AG Tim Griffin described how he had researched to see if there was any historic requirement for an Arkansas AG to defend state legal guidelines in courtroom. He didn’t discover any such requirement after which appeared for a chance to make a take a look at case. He discovered a legislation that was clearly unconstitutional, violating the dormant commerce clause. Griffin said that the AG wouldn’t prosecute the unconstitutional legislation and set a precedent that the AG would neither prosecute nor defend legal guidelines that violate the Structure. The flexibility of Attorneys Normal to make use of their energy to uphold Constitutional rights has been dormant for many years. It may be very highly effective. The Lawyer Normal is an elected official. They aren’t required to rubber-stamp acts of the legislature.
This provides state AGs the facility to barter with the legislature throughout debate over the passage of a legislation. When the AG says he is not going to implement a legislation as a result of it’s unconstitutional, legislatures can be keen to make crucial modifications in payments earlier than they turn into legal guidelines. The doctrine that Attorneys Normal should defend unconstitutional legal guidelines in courtroom has been pernicious. It lacks a Constitutional foundation.
Iowa AG Brenna Fowl defined how necessary the workplace of AG is in a state. She defeated Democratic Social gathering AG Thomas Miller. Miller was not a pal of the Second Modification. AG Brenna Fowl is. She finds enjoyment of defending rights protected by the Second Modification.
Missouri AG Catherine L. Hanaway raised the difficulty of the referendum used to undermine Constitutional rights. Referendums may be funded with out-of-state cash, which permits deep pockets to undermine constitutional rights. States have to tighten referendum necessities to guard constitutional rights.
Louisiana AG Liz Murrill defined how the circumstances being dropped at the Supreme Court docket by the opposition are fastidiously crafted to erode rights protected by the Second Modification as proven within the Bruen choice. She defined how Second Modification supporters can’t let down their guard and assume their rights can be protected. Second Modification supporters must be vigilant in each case.
There seemed to be a consensus on the necessity to counter organizations’ capacity to convey lawsuits to assault rights protected by the Second Modification with out danger or value. There are mechanisms to make use of state sources to guard constitutional rights and to carry accountable those that convey such lawsuits.
One other theme of the discussion board was the chance afforded by the Trump administration. The potential for rolling again federal constraints and dealing with the Trump administration confirmed a 180-degree reversal from the Biden administration.
The eight Attorneys Normal have been spectacular of their understanding of the legislation, the Structure, and the present threats to rights protected by the Second Modification. Their capacity to articulate the threats and potential treatments was wonderful. The open discussion board gave them sufficient time to delve into the main points of technique and ways not simply accessible in an atypical press convention.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a navy officer, was on the College of Wisconsin Pistol Staff for 4 years, and was first licensed to show firearms security in 1973. He taught the Arizona hid carry course for fifteen years till the aim of Constitutional Carry was attained. He has levels in meteorology and mining engineering, and retired from the Division of Protection after a 30 yr profession in Military Analysis, Improvement, Testing, and Analysis.
