The Right They Keep Trying to Qualify

The Second Amendment is the most litigated right in the Constitution right now. That’s not because the doctrine is unclear. It’s because several states have decided the Supreme Court’s rulings are inconvenient and have organized their legislative calendars around working past them.

Three decisions settled the questions that mattered. Heller (2008) established an individual right to keep and bear arms. McDonald (2010) applied it to the states. Bruen (2022) replaced the interest-balancing framework lower courts had used to uphold almost every gun restriction with a historical-tradition test: regulations must be consistent with America’s historical tradition of firearm regulation, and the government bears the burden of proving they are. Those are the holdings. California, New York, and Illinois have spent the years since treating them as starting points for the next workaround.

I’m a Marine Corps OCS graduate with 30 years in institutional investment management. My son graduated from West Point and flies Army aircraft. My brother retired from Army Special Forces as a Green Beret. I’m also a Life Member of the NRA. My family has carried firearms professionally in service to this country. That’s the credential here.

Before Bruen, lower courts evaluated gun restrictions through a two-step interest-balancing test. At step two, courts routinely deferred to the government’s stated public safety interest, and most restrictions survived. Bruen eliminated that deference. Justice Thomas’s 6-3 majority required governments to identify historical analogues to their modern restrictions, regulations from the founding era or Reconstruction period that are relevantly similar in purpose and burden.

The state response wasn’t compliance. California passed new restrictions on carry in expanded ‘sensitive places,’ effectively rebuilding a near-total carry prohibition through categories Bruen had acknowledged as legitimate but hadn’t quantified. New York passed the Concealed Carry Improvement Act days after Bruen was decided, adding dozens of sensitive places and a ‘good moral character’ requirement that functioned as the old discretionary system under a new name. Illinois added similar restrictions. Each law was designed to produce litigation, not to comply.

United States v. Rahimi (2024) gave the states some judicial support. Chief Justice Roberts wrote for an 8-1 majority that Bruen required only a “relevantly similar” historical regulation, not a historical twin. That’s a real qualification that gives regulators more room. It didn’t restore the pre-Bruen deference. The government still has to find historical analogues. Several of the state restrictions enacted after Bruen are still being litigated, and the outcomes aren’t certain.

One gap the Court’s decisions left is the patchwork problem, and it’s one Congress can close directly. A law-abiding gun owner with a valid concealed-carry permit from her home state may find that permit legally worthless the moment she crosses into a state that doesn’t recognize it. The constitutional right doesn’t change at the border. The state’s willingness to honor it does.

The National Constitutional Carry Act (H.R. 645) requires states to recognize valid carry permits issued by other states. The model is driver’s license reciprocity: every state recognizes every other state’s license to drive. No state demands re-licensure when a visitor crosses the border. No constitutional principle places the Second Amendment below the right to drive in the hierarchy of rights that interstate travelers can exercise. H.R. 645 applies the same common sense to a constitutional right that has been affirmed by the Supreme Court three times.

Polling on this question is consistent: support for carry reciprocity routinely exceeds 70% in surveys that cross party lines. The people most burdened by the current patchwork are law-abiding gun owners who travel, precisely the population least likely to be a public safety concern. The argument for H.R. 645 doesn’t require a particular view on gun policy. It requires only recognizing that a constitutional right the Court has repeatedly upheld deserves the same cross-state recognition we give to a driver’s license. We don’t make visitors from other states pass a new driving test. We shouldn’t make them surrender a constitutional right at the border either.

The Founders wrote the Second Amendment for citizens. My brother was a weapons Sergeant in Army Special Forces. My son carries one now as an Army aviator. Both of them took an oath to defend a Constitution that includes the rights they exercised as their profession. The civilian version of that right doesn’t need a cultural argument. Three Supreme Court decisions have supplied the constitutional one.

It’s worth stating clearly: the population most affected by the current patchwork isn’t the population any legislator is actually worried about. Permit holders went through background checks, paid fees, completed whatever training their state required, and carry legally because they’ve done everything asked of them. That population doesn’t become dangerous at a state line, and it wasn’t dangerous before it crossed one. The argument for H.R. 645 doesn’t require defending anyone’s right to break the law. It requires only that Congress treats a constitutionally protected right with the same cross-state respect we give to a driver’s license.

The question is whether the states that disagree with those decisions will eventually accept the answer, or whether they’ll spend the next decade generating litigation designed to look like compliance while achieving the same practical result as defiance.

FPC WIN: Second Circuit Strikes Down New York Public Handgun Carry Ban

What: The Second Circuit Court of Appeals ruled in Firearms Policy Coalition’s (FPC) Christian v. James lawsuit that New York’s ban on firearms at all publicly accessible private property without the express consent of the owner (also known as the “vampire rule”) violates the Second Amendment. The court however also facially upheld the state’s ban on carry in public parks.

Who: FPC is joined in this case by FPC member Brett Christian and the Second Amendment Foundation. The plaintiffs are represented by David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper and Kirk, PLLC, along with Nicolas J. Rotsko of Fluet.

When: The Court’s opinion was issued on May 18.2026. The case will now be sent back to the district court, which will issue a final order in this case.

Where: The opinion was issued by the Second Circuit Court of Appeals, which is based in New York City and covers Connecticut, New York, and Vermont.

New Jersey’s Demand for Gun Store Sales Records is an Unconstitutional Attack on Gun Owner Privacy

The Attorney General of New Jersey has sent subpoenas to gun dealers in the state demanding production of customer records regarding sales of Glock pistols to New Jersey residents for the last ten years. The subpoenas are in connection to its lawsuit against Glock, Inc. under the state’s public nuisance law.

(NOTE: The claims in the state’s frivolous lawfare against Glock are not relevant to this particular article. But for context, the state is claiming the over 40-year-old design of the gun is too easy to illegally convert into a machine gun. Other states have filed similar lawsuits, and some like California have now banned the sale of Glocks, which are the most popular handguns in the country. These efforts are a way to coverup the failures of leadership  in antigun states.) It is not immediately clear why New Jersey needs these records, given the state already maintains a de facto registry for handguns through its pistol permitting system. It could be that the Attorney General wants to make these records public, as under New Jersey law and in a small nod towards respecting privacy, firearm registration records are  exempt from public disclosure  under the state’s laws.

Regardless of the reasoning for the subpoenas, they are an unconstitutional attack on gun owner privacy. This article takes a brief look at this emerging issue in Second Amendment law to show why New Jersey’s actions are unconstitutional. It is adapted from prior amicus briefing the Second Amendment foundation has done on this issue.
Privacy in Firearms Ownership Has Always Been a Fundamental Component of the Second Amendment Right

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NSSF Funds Lawsuit Against Virginia for Unconstitutional Firearm Bans

WASHINGTON, D.C.  — NSSF®, The Firearm Industry Trade Association, is funding a lawsuit filed today against the Commonwealth of Virginia for violating both the U.S. Constitution and the Virginia Constitution. Virginia’s expansive new law, HB 217 / SB 749, bans the sale and transfer of firearms that are expressly protected for private ownership by both the federal and state constitutions.

“Governor Abigail Spanberger, and the Virginia General Assembly, are grossly violating rights held by the citizens of the Commonwealth. The constitutions of the United States and the Commonwealth of Virginia expressly prohibit the government from infringing on the right to keep and bear arms,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Further, the U.S. Supreme Court has recognized that firearms in common use are protected from radical gun control. Denying law-abiding citizens the ability to protect themselves with the firearms of their choosing does nothing to make Virginia safer. The only thing this unconstitutional law does is surrender the freedoms that the Founding Fathers, including Virginians George Washington, Thomas Jefferson and James Madison — who authored the U.S. Constitution’s Second Amendment — so wisely fought for and sought to protect to ensure freedom from tyranny.”

The NSSF-funded complaint, filed by Erick Black, Britton Condon, Clark’s Gun Shop, Inc., Optimus Arms, LLC and Hexmag USA, LLC, in Virginia’s Circuit Court of Fauquier County, details that HB 217 / SB 749 criminalizes not just the sale or transfer of commonly-owned Modern Sporting Rifles (MSRs) and standard capacity magazines, but also commonly owned handguns and shotguns Virginians regularly use for self-defense and hunting. The overly broad definitions of what is wrongfully defined as an “assault firearm” disenfranchise Virginians of their right to keep and bear arms, which are protected by the U.S. Constitution’s Second Amendment and Article I of the Virginia Constitution.

The U.S. Supreme Court’s Heller decision held that firearms in common use are protected by the Second Amendment. That holding precludes bans on the legal sale of MSRs, which number over 32 million in circulation. Likewise, there are a conservatively estimated nearly 1 billion detachable magazines in private possession and hundreds of millions with a capacity exceeding 15 rounds. Many commonly owned pistols are equipped with 17-round magazines, which HB 217 / SB 749 now criminalizes. The law’s expansive definition of “assault firearm” wraps in many commonly owned semiautomatic shotguns and handguns, which will be unlawful to purchase or bear in Virginia.

Virginia’s HB 217 / SB 749 fails the Supreme Court’s Bruen “history and tradition” test, as there were no analogous laws banning the lawful acquisition or bearing of firearms at the Nation’s founding. In fact, it is well documented that rifles with a capacity greater than 15 rounds were available and possessed by Americans when the Second Amendment was adopted in 1791.

Additionally, because HB 217 / SB 749 bans rifles, pistols and shotguns commonly used for hunting, it violates Article XI, Section 4 of the Virginia Constitution.

Letter to the Editor in Connecticut Asks Question No One Seems Interested in Answering

Connecticut passed its Glock ban, which doesn’t just impact Glocks. They did it, as per usual, in the name of public safety, all while failing to ignore the facts that criminals aren’t supposed to have guns in the first place and that the full-auto switches are illegal to buy, own, or possess without very specific licenses that most people will never have.

They passed it just the same.

In Connecticut, though, one letter to the editor took issue with a bit of hate thrown at a state lawmaker because of a simple question that no one seems interested in answering.

I was disappointed to see criticism of Representative Mitch Bolinsky for voting against Connecticut’s proposed Glock ban. Whether someone supports or opposes gun control generally, this particular proposal deserves honest scrutiny.

Connecticut already has a 10-round magazine limit. Supporters of the bill argue the ban improves public safety because certain pistols could theoretically be converted to automatic fire with illegal aftermarket devices. But those conversion devices are already illegal under federal law, and automatic weapons themselves are already heavily prohibited.

The practical question is simple: how much additional safety is actually gained?

With a 10-round limit already in place, the difference in discharging 10 rounds between rapid semiautomatic fire and illegal automatic fire is often only a fraction of a second. Even supporters of the bill acknowledge the focus is largely on the possibility of illegal modification, not on the firearm’s normal lawful operation. Given Brandon Moore’s background as a West Point graduate, Army officer, combat veteran, and Apache pilot, one would expect an understanding of the technical distinction between lawful semiautomatic firearms and illegally converted automatic weapons, which makes the practical effectiveness of this proposal a fair subject for public debate.

Like it or not, the Second Amendment to the Constitution states that the right to keep and bear arms “shall not be infringed.” People may disagree on how that should be interpreted, but constitutional rights are not supposed to be selectively respected only when politically convenient.

The practical question itself is an interesting one, because while we can all make the constitutional arguments in our sleep, most likely, the reality is that many people don’t really seem to understand that “shall not be infringed” means that our rights shall not be infringed at all. So, you need to frame commentary based on where people are, mentally, rather than rely purely on the (completely valid) constitutional arguments.

And here, the letter writer asks a simple question that it seems people are offended by it even being asked.

If Connecticut’s laws work as they are, then how much additional safety would be obtained by banning an entire category of handguns that might be illegally modified with a device that’s already illegal to buy, sell, or own?

If the magazine limits work, does the gun taking a half-second longer to empty a magazine actually matter in any appreciable way?

No? Then why ban the guns at all?

If you argue that the magazine ban isn’t respected by criminals, then I have to ask why you think they won’t get striker-fired handguns to modify just as easily?

Seriously, these bans are probably the most ridiculous bits of gun control I’ve ever seen, especially when Glock has actually tried to modify their design. Some people are just really good at finding ways around stuff like that.

Ruger Moves Corporate HQ from CT to Gun-Friendly North Carolina

Reports indicate that Ruger has shifted its headquarters from the state where it was founded to one more closely aligned with the Second Amendment.

Famously founded in 1949 in a small red barn in Southport, Connecticut, by William B. Ruger and Alexander McCormick Sturm, the now publicly traded firearms giant has moved its headquarters to Mayodan, North Carolina. The move, which was official in January, was confirmed by the Hartford Business Journal this week.

Ruger has long had a footprint in the Tar Heel State, with Bill Ruger attending the University of North Carolina, Chapel Hill, in the 1930s before he went to work for the U.S. arsenal at Springfield Armory in World War II. The company announced its 191,000 sq. ft. manufacturing plant at Mayodan in 2013. Since then, Ruger has added a 224,000 sq. ft. distribution center next to the plant, making Mayodan the largest of its operational hubs. When the company acquired Marlin Firearms in 2020, it moved the assets and assembly line from Huntsville, Alabama, to Mayodan.

Other Ruger plants include Newport, New Hampshire; Prescott, Arizona; Earth City, Missouri; and Hebron, Kentucky.

When it comes to gun rights, North Carolina doesn’t have permitless carry – although it has been approved in past legislative sessions – but the state does have a robust “shall-issue” concealed carry scheme with over 900,000 permits in circulation in 2025. Importantly, North Carolina does not have mandatory gun lock laws, a ban on “assault weapons,” or “red flag” gun seizure laws, all of which Connecticut residents suffer.

The Connecticut legislature is nearing a ban on Glock-style firearms this year, which would include the new and popular Ruger RXM. Connecticut has a state ban on binary triggers and bump stocks.

Further, Connecticut has a gun industry liability law that is somewhat at odds with the federal Protection of Lawful Commerce in Arms Act, allowing controversial “predicate exception” lawsuits against gun industry members when it comes to the sale or marketing of firearms.

In terms of NFA items such as suppressors, machine guns, and short-barreled firearms, North Carolina had more than 252,000 registered in 2024, one of the highest totals in the country and nearly three times the number in Connecticut (93,297).

Although North Carolina has had a Democratic governor since 2017, he has been balanced by a majority-Republican legislature that has no sign of turning blue in the near future. Of North Carolina’s 14 members of Congress, 10 are from the GOP, as are both of its current U.S. Senators, Tom Tillis and Ted Budd. By comparison, all of Connecticut’s lawmakers on Capitol Hill in Washington are Dems, including some very rabid anti-gun champions such as Senators Chris Murphy and Richard Blumenthal.

Ruger isn’t the only gun company to leave Connecticut in recent years for more 2A climes, as Stag Arms moved to Cheyenne, Wyoming, while PTR Industries shifted to South Carolina. Mossberg, whose headquarters are in North Haven, Connecticut, makes most of its guns at a facility in Eagle Pass, Texas.

SAF FILES LAWSUIT CHALLENGING NEWLY PASSED ASSAULT WEAPONS BAN IN VIRGINIA

BELLEVUE, Wash. — May 14, 2026 — Following closely on the heels of Virginia Gov. Abigail Spanberger signing new gun control legislation into law, the Second Amendment Foundation (SAF) and its partners have filed a lawsuit challenging the commonwealth’s new bans on “assault firearms” and large-capacity magazines.

Gov. Spanberger signed into law a ban on so-called “assault firearms” declaring that “…any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a Class 1 misdemeanor.” The law further defines an “assault firearm” as a semiautomatic rifle chambered in any caliber besides .22 rimfire or one that contains a litany of common features such as a collapsing stock, pistol grip, threaded barrel or more. The law also bans magazines capable of holding more than 15 rounds of ammunition. The new laws go into effect on July 1.

“It’s wild that lawmakers who each take an oath to uphold the Constitution insist on passing bills purposefully designed to gut it,” said SAF Executive Director Adam Kraut. “The firearms and magazines banned in this law aren’t bizarre and unusual outliers, they’re among the most commonly owned guns and magazines in the country. They’re owned in the tens of millions by peaceable Americans who use them overwhelmingly lawfully. Virginia has now joined the minority of radical states to ban these constitutionally protected firearms, and in so doing, joined the club of states we’re suing over it.”

As noted in the complaint, “The firearms that Virginia bans as ‘assault firearms’ are, in all respects, ordinary semiautomatic firearms. To the extent they are different from other semiautomatic firearms, their distinguishing features make them safer and easier to use. Regardless of any new category of arms created by state lawmakers, they cannot be banned because they are not dangerous and unusual.” SAF is joined in McDonald v. Katz by the National Rifle Association, Firearms Policy Coalition and two private citizens.

“Virginia lawmakers lied to their constituents and to themselves when they said these laws weren’t bans,” said SAF founder and Executive Vice President Alan M. Gottlieb. “A new sales and transfer ban is a ban that’s just one generation removed. On July 1, anyone turning 18 in Virginia will find out that the rights enjoyed by their predecessors don’t apply to them. These bans are an afront to the Constitution and an insult to the intelligence of Virginians who were fed lies and misrepresentations by their elected officials. We’re excited to fast track this case to the Supreme Court.”

New Jersey may have slipped up while defending its ammo ban

Attorneys for the state of New Jersey may have made a significant error while trying to fend off a Second Amendment challenge to the state’s ban on civilian possession of hollow-point ammunition in most circumstances.

The state prohibited civilians from carrying the rounds, which are almost universally used by law enforcement, in public as part of a 1978 overhaul of its criminal code, the only state to maintain such a restriction. In a lawsuit filed in February 2025 by Gun Owners of America (GOA) and other pro-Second Amendment organizations on behalf of Heidi Bergmann-Schoch in the United States District Court for the District of New Jersey, the groups sought to have that prohibition thrown out as a violation of the Second Amendment.

“New Jersey must show a broad and enduring historical tradition, circa 1791, denying Americans’ right to carry a firearm, loaded with ammunition used by all other Americans in other states, outside the home for self-defense,” the initial complaint said. “Because New Jersey cannot make such a showing, the challenged restrictions violate the Second Amendment.”

“By invoking the international law of war and the practices of the U.S. military, Defendants hoist themselves with their own petard,” a reply brief filed Thursday adds. “Defendants’ sources prove that HPBs do not cause ‘unnecessary suffering,’ nor are they restricted for use in warfare. Rather, HPBs were originally developed for hunting, and are widely used by military and police units, and tens of millions of American citizens – nationwide.”

Hollow-point ammunition has been widely used by law enforcement and civilians for personal protection and other lawful purposes for decades. In a 1994 video interview, Massad Ayoob, a police officer who was an expert witness in the use of lethal force in self-defense, explained why hollow-point rounds were preferred for personal protection.

“I think the history both of military battle and police gunfight shows us that hard ball round that is, jacketed round nose, for jacketed round nose round, the nine-millimeter is justly infamous as an impotent man stopper and the .45 [ACP] is justly famous as, eh, being a pretty good man stopper,” Ayoob said in the interview, going on to note that both rounds tended to “perforate” – that is to exit the body of the target and potentially harm bystanders.

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Massachusetts Gun Laws No Match for Repeat, Violent Felon Who Targeted Boston-Area Drivers

It’s not easy to own a gun in Massachusetts, at least not legally. If you don’t mind breaking the law, though, it’s absurdly simple: steal a gun, buy a gun on the black market, have someone else buy a gun for you, or build your own, to name a few options.

Authorities still haven’t said how 46-year-old Tyler Brown got ahold of the gun he used to randomly fire at motorists on Cambridge’s busy Memorial Drive on Monday afternoon, but he did in clear violation of Massachusetts gun laws… and was aided by one of the state’s soft-on-crime judges.

Five years ago, Brown copped a plea deal after he engaged in a similar random shooting spree, firing more than a dozen rounds at responding officers. Brown was already on probation for a 2014 assault and batter with a dangerous weapon charge, and ended up pleading guilty to a number of charges for the 2020 shooting; including armed assault with intent to murder.

Despite his violent past and present, a judge sentenced Brown to just five-to-six years in prison. That’s about half the time prosecutors were asking for.

One of the officers involved in that 2020 attack wrote in a victim impact statement saying: “I am a firm believer that when Mr. Tyler Brown gets out, he will hurt, or worse, kill someone,” the officer said. “Probation apparently means nothing to Mr. Tyler Brown, nor does the value of life.”

Brown was still on probation when he opened fire at motorists on Monday, leading drivers to ditch their vehicles as they ran to find cover.

Gunman Tyler Brown allegedly fired 50 to 60 rounds indiscriminately from an assault-style rifle as he erratically walked down Memorial Drive in Cambridge around 1:20 p.m., Middlesex County District Attorney Marian Ryan said during a press conference.

At 1:06 p.m., Cambridge police received a 911 call from Boston police, who said an individual acting erratically and in possession of a rifle was in Cambridge, Ryan said.

Massachusetts State Police and Cambridge police arrived as Brown was actively firing down the road at stopped cars, authorities said.

According to Ryan, a Massachusetts State Police trooper was the first law enforcement officer to respond, and he was aided by an armed citizen; a yet-to-be-identified Marine who the D.A. says was licensed to carry a gun. The pair engaged Brown, who had already shot two people by that point, and were able to stop his attack with multiple shots of their own.

That’s right. None of the state’s draconian gun laws prevented this crime, but an armed citizen was able to stop it thanks to the fact that they were exercising their right to carry.

This should be a wakeup call to Massachusetts residents, if not the Democrat lawmakers who have complete control over the state legislature. Voters were promised that the state’s recent overhaul of its gun laws (which include brand new restrictions on “assault weapons,” new training mandates for would-be gun owners, and a host of restrictions on the right to keep and bear arms) would prevent incidents like this from ever taking place. Instead, we saw just how impotent those laws are when it comes to violent offenders… and the importance of being able to shoot back when a murderous madman is intent on gunning down innocent victims.

BLUF
The fact that self-defense matters less to some so-called Republicans than people’s rights is an extreme problem, and if it’s like that in Wyoming, where else do you think it’ll be like that?

What Wyoming’s Failure Says About Second Amendment Nationally

If you tell an anti-gunner that they see the Second Amendment as a second-class right, they’ll likely scoff at you. They’ll say that no right is absolute and that wanting a few restrictions isn’t the same thing as thinking it’s a second-class right.

Never mind that they would never tolerate the level of intrusions we see in the Second Amendment exist in the First. Want to require special licenses before starting a blog or Substack? You’re a monster! Want to require a permit before buying a gun? GENIUS!

So yeah, they see it that way, even if they won’t admit it.

But the truth is that Wyoming, a pro-gun state, actually sees it the same way to some degree, and that’s clear with their refusal to pass a recent bill that would be good for gun owners and all those who are forced to act in self-defense.

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Pirro turned out to be a two faced liar


After Pirro’s Urging, D.C. Court of Appeals Grants Review of Decision Striking Down Magazine Ban

The D.C. Court of Appeals will re-litigate the District’s ban on magazines that can hold more than ten rounds, after a three-judge panel on the court ruled the ban unconstitutional.

A number of anti-gun attorneys general around the country submitted amicus briefs in support of the D.C. government’s request for a re-hearing, but the U.S. Attorney for D.C. raised some eyebrows when she too asked the court to grant the en banc request, even though her office hasn’t prosecuted violations of the magazine ban for more than six months.

U.S. Attorney Jeanine Pirro’s motion suggested that some capacity on magazine size might be constitutional, but Pirro was more concerned about the panel’s decision and its impact on D.C.’s gun registration law and ammunition restrictions. The panel threw out Tyree Benson’s charges for possessing a “large capacity” magazine, but also held that Benson could not have legally registered his handgun with the District because it was equipped with an illegal magazine, and tossed those charges as well.

The judge, however, gave D.C. a roadmap on how to enforce those statutes while keeping the magazine ban on ice, and the Metropolitan Police Department has taken those steps in order to keep enforcing the registration requirements. Pirro’s concerns were essentially moot by the time she asked the appellate court for an en banc review, but many Second Amendment advocates (including myself) were also critical of Pirro’s support for the gun registration and ammo restrictions to begin with.

Technically, the D.C Court of Appeals decision didn’t create a circuit court split because its a court of local jurisdiction, with the D.C. Circuit Court of Appeals serving as the federal appellate court for D.C. Still, the Benson case generated nationwide interest, and if the court had allowed the matter to rest with the panel’s decision intact, Benson would be cited in virtually every magazine ban case going forward.

The decision to take Benson en banc doesn’t guarantee that the full Court of Appeals will reverse the panel’s decision, but the odds are overwhelmingly in favor of reversal. Presumably, the court wouldn’t have granted the request unless the votes to reverse were already there.

As Moros says, now we’ll have to wait for the Third Circuit’s decision in ANJRPC v. Platkin to be released. That opinion, which could come out at any time, is expected to say New Jersey’s ban on “assault weapons” and “large capacity” magazines violates the Second Amendment, which would create a legitimate circuit court split.

To be fair to Pirro, the D.C. Court of Appeals was probably already leaning towards granting the District’s en banc request even before she asked them to do so. Once she made it clear that she supported the District’s request, though, an en banc review was virtually guaranteed. At the very least it was an unforced error on the part of the U.S. Attorney, but given Pirro’s past statements and support for gun control laws (including bans on so-called assault weapons), it’s easy to understand why so many 2A supporters see her request as an outright betrayal of the DOJ’s professed support for and defense of the Second Amendment.

Gun Rights Group Files Brief To Rebut DOJ’s Misleading Arguments In NFA Challenge

Arguments by the Trump Administration’s Department of Justice for continuing the registration portion of the National Firearms Act (NFA) now that the tax has been eliminated have drawn the ire of a major gun-rights group.

Congress killed the $200 tax on suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and any other weapons (AOWs) when it passed President Donald Trump’s One Big Beautiful Bill last summer. Gun-rights groups immediately filed a handful of lawsuits challenging the remainder of the NFA, and the DOJ is unexpectedly fighting those lawsuits, despite the administration’s promise to battle anti-Second Amendment laws.

In one of the cases, Brown v. ATF, the Second Amendment Foundation (SAF) recently filed a supplemental reply brief countering the federal government’s arguments in support of the NFA.

“This reply brief gave us the perfect opportunity to rebut the government’s arguments in support of the NFA,” Bill Sack, SAF director of legal operations, said in a news release announcing the filing. “We were encouraged the court requested targeted supplemental briefing that addressed key elements of the proper Second Amendment analysis. In our principle brief, we laid out in detail why the answer to every question posed supported our position. And now with this reply brief, we have driven home the point and dismantled each of the government’s arguments to the contrary.”

 

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I figured the demoncrap would

Gov. Beshear vetoes bill seeking to lower age for concealed carry permit

FRANKFORT, Ky. —
A bill that would have lowered the age to obtain a concealed carry permit in Kentucky has been vetoed by Gov. Andy Beshear.

Beshear announced Thursday he vetoed House Bill 312.

The bill sought to lower the age to get a concealed carry permit from 21 to 18.

He vetoed it alongside House Bill 78, which sought to “establish liability protections for manufacturers and sellers of firearms against specified legal actions arising from criminal or unlawful use of firearms or ammunition.”

“Three years ago, a senseless act of gun violence took the life of my friend Tommy and four others. Tonight, at an event honoring Tommy and his impact, I vetoed House Bills 78 and 312,” Beshear wrote in a post on X. “While I believe in the second amendment, these pieces of legislation would allow minors under the age of 21 to carry concealed deadly weapons and protect firearm manufacturers and sellers from liability for gun violence. We must take steps to protect our people and allow them to seek justice for deadly acts like those families have suffered from. Vetoing these bills was the right thing to do.”

While Beshear vetoed the two bills, lawmakers can override them once they reconvene on April 14-15.

‘Gun Free’ Zones Herd Citizens Into Physical and Legal Danger.

Never mind the homelessnessdrug use, and routine violence … according to Empire State politicians, New York City’s transit system is a “sensitive place.” As such, law-abiding gun owners are not allowed to carry a firearm for self-defense on trains or buses or in subway or train stations – lest they impose some semblance of order on the anarchic scene.

In New York State Rifle & Pistol Association v. Bruen, the U.S. Supreme Court struck down New York’s discretionary carry licensing regime and made clear that the Second Amendment protects the right to carry outside the home for self-defense. In their opinion, the Court acknowledged that carry may be barred at some “sensitive places,” citing “schools and government buildings,” specifically, “legislative assemblies, polling places, and courthouses.”

Of course, whether banning firearms in these locations is sound policy is another matter. It’s NRA-ILA’s position that government can demonstrate a location is in fact a “sensitive place” by providing weapons screening at all ingress points and armed security to protect those inside.

Needless to say, none of the Court’s enumerated “places” was akin to public transit. And only a delinquent government, like New York’s, allows a city’s subway system to deteriorate into a place for vagrants to domicile and soil with human excrement, while citizens just trying to reach their destinations fear for their health and safety.

Despite the Court’s command, in the wake of the Bruen case an intransigent New York set about prohibiting firearms in all manner of what the state dubiously defined as “sensitive locations.”

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Virginia gun bills take aim at the Constitution

As a Virginia resident and a longtime advocate for the Second Amendment, I’ve spent decades covering the gun debate from every angle. I’ve spoken with lawmakers, law enforcement officers, gun owners and crime victims. And I can tell you this: What happened in Richmond this legislative session was both unnecessary and unconstitutional.

Virginia is the home of James Madison, who boasted that, unlike the monarchs of Europe who were “afraid to trust the people with arms,” the United States recognized the inherent right of the people to keep and bear them. It’s through that lens that we should look at our current situation.

Politicians in Richmond have advanced one of the most sweeping gun control packages our commonwealth has seen in years. Clearly, they don’t understand what the words “keep and bear” in our Second Amendment actually mean. Those words mean “it’s ours, and you can’t take it.” Supporters claim these bills are necessary to make our communities safer. But recent feedback from actual Virginians tells a very different story.

According to a new survey of Virginia voters, 90% say the criminal is responsible for violent crime. A firearm being used in the commission of a crime is only a tool for the havoc they cause, whether it’s a hammer or a handgun. That distinction is crucial.

Public safety starts with prosecuting violent crimes and putting offenders in prison. Dreaming up new restrictions on law-abiding citizens who already follow the rules should play no part in it and is against every principle of American freedom.

In fact, 63% of Virginians say tougher sentencing and better enforcement of existing laws is the most effective way to reduce crime. Only 16% believe adding new gun regulations will make the biggest difference. That’s not close, and we shouldn’t tolerate these infringements from a moral standpoint or a constitutional one. We already have the necessary gun laws on the books; what we should do is actually enforce them.

Just look at Senate Bill 749, which now awaits Gov. Abigail Spanberger’s signature to become law. The bill would impose a broad and unconstitutional ban on a number of commonly owned guns under the politically loaded and vague label of “assault firearms” — a phrase that is completely meaningless. The result is that Virginians would no longer be able to purchase or transfer some of the most popular firearms in the country, and that’s just the first step towards prohibiting their possession too. Reclassifying and banning widely owned firearms based on arbitrary criteria does not disarm criminals. It penalizes peaceable citizens who have complied with every regulation already on the books. And voters know it.

Sixty percent of Virginians oppose an “assault weapons” ban. Strong majorities oppose gun-related taxes which disproportionately impact regular families. Pricing a constitutional right out of reach for working adults isn’t justice, and it’s not about public safety. It’s political retribution for exercising a right too many Democratic lawmakers find objectionable.

Pakistan says a new round of peace talks with Afghanistan is underway in China after deadly fighting Pakistan says a new round of peace talks with Afghanistan is underway in China after deadly fighting

There are also efforts underway to undermine federal law which protects lawful businesses such as family-owned gun ranges and firearm manufacturers. This is not what we want, and it’s not who we are. The right to self-defense is not a fringe idea. It’s a mainstream value deeply rooted in our constitutional tradition.

Public safety and constitutional liberty are not mutually exclusive. In fact, they go hand in hand. Violent crime is plunging across the country and commonwealth, while the number of guns in the hands of lawful owners is at an all-time high. Spanberger should veto these bills and work to keep Virginia safe and free instead of fruitlessly searching for security at the expense of our fundamental civil rights.

Cam Edwards of Farmville has covered the Second Amendment for 20 years as a broadcast and online journalist, and serves on the board of directors for the Citizens Committee for the Right to Keep and Bear Arms.

 

NSSF Calls Out Real Threat to Public Safety, and It’s Not Guns

To hear the urban elite tell it, the problem in our country is that there are just too many guns. We need to curtail that, to discourage people from exercising their right to keep and bear arms, and make it so that only certain, approved parties have firearms lawfully.

It’s funny how they keep saying it despite the fact that we’ve got more gun ownership than ever before, more people carrying guns than ever before, and violent crime is down over the last few years. Weird.

Yet it is an unfortunate fact that horrible things do keep happening. There are bad people out there who want to hurt others.

And yeah, something needs to be done about them. As the NSSF’s Larry Keane recently pointed out, though, the problem isn’t lawful gun owners. It’s the people who refuse to prosecute those who provide guns unlawfully.

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Petrolino Sues New Jersey State Police for Violating 1st and 2nd Amendments.

For decades the New Jersey State Police have maintained a “good ol’ boy” culture, according to one man who is trying to bring sunlight into the darkened corridors of police power. “I have a tremendous amount of respect for police, but they are not more special than you or me,” said New Jersey resident and SNW contributor, John Petrolino.  

Petrolino is a U.S. Merchant Marine Officer, author, board member of the Citizens Committee for the Right to Keep and Bear Arms, husband and father of a nine-year-old son.  

John Petrolino
New Jersey resident John Petrolino (Photo: John Petrolino)

Problems first began when Petrolino attempted to obtain a New Jersey carry permit. The four-month process cost him hundreds of dollars for the permit itself plus training and background-check fees and must be renewed every two years. “I have both First and Second Amendment permits,” he said Monday. “Don’t forget they make journalists get a New Jersey press card, too.” 

Petrolino became curious about the Second Amendment rights New Jersey residents have compared to those of retired state police officers, so he sent a series of three public records request to the state’s Attorney General and to the New Jersey State Police.  In one of his requests, he asked for the number of state carry permits obtained by retired police officers. 

His goal was simple. 

“I wanted to compare how retired police officers were treated versus civilians,” he said. “Are retired police officers having the same trends that civilians get? Is there the same potential bias in their denials? Is there favoritism?” 

The New Jersey State Police first asked for an extension, but then denied his request, claiming it was overly broad and that he asked for information that wasn’t an actual record. 

Petrolino emailed the state police records bureau, stating he did not understand why they were denying such a simple request. “They said they can’t make firearm information public,” he said. “Our next course of action was to sue the state.” 

Petrolino and his attorney filed a lawsuit in February. His first court date is next month. 

“The public deserves to know if there is some sort of perceived bias or preferential treatment going on here,” he said. “It needs to be exposed and talked about. It’s strictly a Sunshine issue. The New Jersey State Police have denied every single public records request I’ve made. Even the New Jersey AG’s Office has fulfilled my records requests, whereas the state police have never once returned a single one.”

Petrolino, a Second Amendment journalist, has made public records requests in other states, which have complied with his requests. “But for some reason, the New Jersey State Police do not want to give any records to the public,” he said. 

Regardless of the outcome, Petrolino said he has no plans to ever leave New Jersey and move to a free state.  “Someone has got to be here to fight or shut the lights off when it’s over,” he said. 

Cleared in Self-Defense, Charged for Carrying: Michigan Case Shows Why ‘Sensitive Places’ Fail

A licensed concealed carry holder in Michigan is now facing punishment not because prosecutors say he committed a crime in his defensive gun use, but because the state says he was armed in the wrong place when he needed that gun the most. That is exactly why so-called “sensitive places” laws remain one of the most dangerous and constitutionally suspect fronts in the post-Bruen Second Amendment fight.

According to Fox 2 Detroit’s reporting, Genesee County prosecutors determined that 23-year-old Christopher Gill acted in lawful self-defense after being attacked inside a restroom at Ballenger Fieldhouse on the campus of Mott Community College during a day of basketball games. Prosecutors say Gill was confronted by a group, restrained, and punched several times. During the assault, Gill managed to reach into his hoodie pocket, where he had a handgun, and fired one shot through the hoodie, striking Malik Zamir Henderson. Prosecutor David Leyton ruled the shooting was lawful self-defense.

Henderson was charged with gang membership, assault with intent to rob while unarmed, and assault with intent to do great bodily harm less than murder. Gill, by contrast, was not charged over the shooting itself. Instead, he was charged with carrying a concealed handgun in a sports arena, a Michigan law lists a “sports arena or stadium” among the places where a concealed pistol license holder may not carry concealed. For a first offense, Michigan law provides for a civil infraction, a fine of up to $500, and a six-month license suspension; state guidance also says the pistol is subject to immediate seizure if carried concealed in a prohibited area.

That split outcome should get the attention of every gun owner in America. The government’s position here is effectively this: yes, you were lawfully defending yourself against a violent assault, but you still should not have been armed when the attack happened because the legislature had already declared that location a “sensitive place.” That insane theory collapses the moment it meets real life. The danger to Gill did not disappear because he was inside an athletic facility. The criminal assault did not stop because the law supposedly made the venue special.

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