This week, we saw the other category of domestic violence restraining orders that result in a gun ban upheld by a federal appeals court.
Building on the Supreme Court’s work in US v. Rahimithe Tenth Circuit affirmed that all domestic violence restraining orders can be justifiably employed by the government to strip somebody of their gun rights. It ruled there was effectively no difference in practice between the two separate kinds of orders IDed in federal gun control laws, at least when it comes to their impact on the Second Amendment.
Speaking of the Supreme Court, I take a deep dive into where it stands on disarming non-violent felons. Specifically, I look at one interesting case out of California and try to piece together whether the Court would still find the defendant dangerous enough to disarm given his underlying crimes, even if they don’t directly involve any violent acts.
And, while this week’s newsletter is very heavy on pieces by me, given that Contributing Writer Jake Fogleman is on vacation, he did still leave us with an explanation of why the NRA’s request for the Supreme Court to take up its challenge to Florida’s age restrictions is well-positioned to get a yes. If the Court is going to give a yes to any Second Amendment cases, that is.
We also saw some action at the ATF. The agency announced reforms this week, including a new set of guidelines to replace the Biden-era “zero tolerance” policy for inspecting gun dealers. It even invited those who’d had their dealer licenses pulled under the old policy to reapply. Then it effectively ended a years-long legal fight over Michigan and Alabama’s gun-carry permits by recognizing them as making their holders eligible to bypass background checks during gun sales.
Plus, criminologist James Alan Fox joins the podcast to discuss the recent decline in mass shootings. And we have a bunch of stories down in the links, including one on a new liability law protecting Sig against P320 suits.
Tenth Circuit Affirms Constitutionality of Second Type of Domestic Violence Restraining Order Gun Ban
By Stephen Gutowski
A federal appeals court just found the law stripping gun rights from those with a different kind of domestic violence restraining order than the one already considered by the Supreme Court is still lawful.
Last Thursday, the Tenth Circuit Court of Appeals sided with the government in a challenge against the second kind of restraining order that can lead to disarmament under federal law. The unanimous three-judge panel agreed the underlying law was constitutional on its face. It argued the Supreme Court’s reasoning for upholding the other type of restraining order in 2024’sUS v. Rahimiapplied just as well to the orders at issue in this case.
“As inWombDefendants utterly fail in that endeavor because the orders issued in their very own cases are constitutionally sufficient,” Judge Harris Hartz wrote for the majorityinUS v. Gordon. “Utah courts ordered both Defendants not to possess firearms; and a Utah court can issue such an order only if it finds that ‘the respondent’s use or possession of a weapon may pose a serious threat of harm to the petitioner.’”
Analysis: Will SCOTUS Find This Non-Violent Felon Too Dangerous to Own Guns? [Member Exclusive]
By Stephen Gutowski
A Second Amendment challenge from a particularly interesting non-violent felon may soon end up at the Supreme Court of the United States (SCOTUS).
Earlier this month, an En Banc panel of the Ninth Circuit upheld Steven Duarte’s conviction for possessing a firearm as a felon. Duarte is another defendant who claimed the non-violent nature of his prior convictions meant the federal prohibition is unconstitutional as applied to him. Unlike challenges from people like Brian Rangewho lied about his income to get food stamps in the 1990s, or Zackey Rahimi, who was subject to a restraining order over numerous violent domestic incidents, Duarte’s case isn’t nearly as clear-cut.
That’s because Duarte’s record includes offenses like drug dealing and running from police in a car. Though his crimes were non-violent, the Supreme Court may still determine his offenses make him dangerous enough to disarm.
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ATF Announces Replacement for ‘Zero Tolerance’ Gun Dealer Inspection Policy
By Stephen Gutowski
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has changed the way it regulates firearms sellers.
On Friday, the ATF announced anew policyfor handling oversight of the more than 130,000 federal firearms licensees. It loosens the rules for when those licenses should be revoked, and the bureau even encouraged some people who had their licenses revoked under the previous policy to reapply. The head of the ATF said the change is about “getting it right and making sure we’re focused on public safety.”
“Under the previous policy, some licensees were being penalized for simple mistakes such as, forgetting to put their license number on forms,” Acting Director Daniel Driscoll said in a statement. “This new guidance gives our investigators the discretion to tell the difference between an honest mistake and a real threat to public safety. Law-abiding dealers deserve a system that treats them fairly, not like suspects.”
ATF Allows Michigan, Alabama Gun-Carry Permit Holders to Skip Sales Background Checks After Trump Review
By Stephen Gutowski
People with concealed carry licenses in two more states will now be allowed to bypass background checks when they buy a gun.
On Wednesday, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF announced gun carry permits from Michigan and Alabama now qualify as “Brady Permits.” That means when federally licensed gun dealers sell firearms to people with those permits, they don’t need to conduct a new check on the permittees. The change appears to be the result ofPresident Donald Trump’s order to review federal gun policyand ends a years-long legal battle over the status of the states’ permits.
“ATF has issued updated guidance for Federal Firearms Licensees (FFL) on their obligations under the Brady Handgun Violence Prevention Act when transferring firearms to non-FFLs, including exceptions for certain state permits that can serve as alternatives to NICS background checks,” the agencywrote on social media.
Podcast: Mass Shootings Have Fallen Dramatically (ft. Criminologist James Alan Fox)
By Stephen Gutowski
This week, we’re talking about good news once again.
Onour last episodewe spoke with crime data analyst Jeff Asher about what it looks like murder might hit an all-time low this year. Now, we’re talking with criminologist James Alan Fox about how we’ve yet to see a public mass shooting this year.
Fox, a Northeastern University professor who’s studied mass killings for decades, said the tracker he runs for the Associated Press and USA Today hasn’t found a single public mass shooting to date. He noted the decline actually dates back to last year, which saw an unusually small number of mass shootings as well. He argued the trend disproves the idea mass shootings constitute an “epidemic.”
You can listen to the show on your favorite podcasting app orby clicking here. Video of the episodecan be found on our YouTube channel. An auto-generated transcript ishere.
Plus, Contributing Writer Jake Fogleman and I discuss the ins and outs of the silencer deregulation provisions included in the budget package just passed by House Republicans. We explain what they would mean for gun owners and what political hurdles still remain before they can become law. We also cover the Supreme Court’s latest case decisions, including its recent rejection of a whole host of pending challenges to the federal gun ban for non-violent felons. Finally, we break down the DOJ’s recent settlement over forced reset triggers and other gun stories from outsideThe Reload.
Analysis: The NRA’s SCOUTS Pitch to Overturn Age Limits is Well Positioned for Success [Member Exclusive]
By Jake Fogleman
Outside of gun rights for non-violent felons, few Second Amendment issues have divided the lower courts as much in recent years as age restrictions for certain adults. Now, the country’s largest gun-rights organization is asking the Supreme Court to settle the dispute once and for all.
The National Rifle Association (NRA) recently filed a petition for certiorari in the caseNRA v. Glass. The petition asks the Court to review and reverse an Eleventh Circuit Court of Appealsdecision from Marchthat upheld Florida’s ban on gun sales to adults under the age of 21.
“A fundamental incident of adulthood in America is the enjoyment of constitutional rights, including the right to defend yourself, your family, and your home with common firearms,” the NRA petitionreads. “Stripping away an 18-year-old adult’s Second Amendment rights is thus fundamentally irreconcilable ‘with the principles that underpin the Nation’s regulatory tradition,’ and the Court should grant the writ and reverse.”
The request comes at what seems like an opportune time for enticing the justices to weigh in.
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OutsideThe Reload
Bystander shoots, kills suspect who shot 2 victims in downtown Seattle | KOMO | By Colleen West
USA Shooting’s 30th Anniversary | NRA Shooting Sports USA | By John Parker
That’s it for this week in guns.
I’ll see you all next week.
Thanks,
Stephen Gutowski
Founder
The Reload
