Attorney General of Montana, Austin Knudsen - SHOT TV Studio | SHOT Show 2023

Published on January 24, 2023
Duration: 9:34

Montana Attorney General Austin Knudsen discusses the increasing federal overreach and 'woke capitalism' impacting Second Amendment rights. He highlights efforts by Republican Attorneys General to push back against policies from entities like the ATF, financial institutions, and shipping companies that discriminate against the firearms industry. The conversation emphasizes the importance of legislative action over agency rulemaking and the legal challenges to these actions.

Quick Summary

Montana Attorney General Austin Knudsen discusses how 'woke capitalism' and federal agency overreach threaten Second Amendment rights. He highlights legal challenges against discriminatory practices by companies and regulatory actions by bodies like the ATF, emphasizing the importance of legislative lawmaking over agency rulemaking.

Chapters

  1. 00:08Introduction with Larry Keane & AG Knudsen
  2. 00:40AG Knudsen's Leadership on 2nd Amendment Issues
  3. 01:05Impact of AG Letters on Companies (UPS/FedEx)
  4. 01:58Merchant Category Code Concerns
  5. 02:27Frustration with Legislative Overreach
  6. 03:12Operation Choke Point & Privatization
  7. 03:35Texas FIND Act & Citibank Revocation
  8. 03:51Amicus Briefs in Legal Cases
  9. 04:02NY Public Nuisance Statute Case
  10. 04:31Constitutional Law: Interstate Commerce
  11. 05:03Regulating Retailers Outside State Lines
  12. 05:13FFLs as Heavily Regulated Industry
  13. 05:38Fifth Circuit Strikes Down ATF Bump Stock Rule
  14. 06:07EPA Decision & Administrative State
  15. 06:31ATF Framework Receiver Rule
  16. 07:11Fighting Agency Rulemaking vs. Legislation
  17. 07:42NSSF v. NY Attorney General Case
  18. 08:12Spread of Public Nuisance Lawsuits
  19. 08:26Destroying the Firearms Industry & 2nd Amendment
  20. 08:39AG Knudsen's Role as a 'Gun Guy'
  21. 09:03Appreciation for Leadership at SHOT Show

Frequently Asked Questions

What is 'woke capitalism' in the context of the firearms industry?

Woke capitalism refers to corporations adopting progressive social and political stances, which can lead to discriminatory practices against industries like firearms. This includes actions like implementing specific merchant category codes or refusing services to FFL holders, driven by perceived social responsibility rather than business necessity.

How are federal agencies like the ATF overstepping their authority?

Critics argue that agencies like the ATF are overstepping by 'making law' through rulemaking, such as the framework receiver rule, instead of adhering to statutes passed by Congress. This bypasses the legislative process and concentrates power within administrative bodies, a trend seen as problematic for constitutional governance.

What is the significance of the Fifth Circuit's ruling on bump stocks?

The Fifth Circuit's decision against the ATF's bump stock rule is significant because it represents a judicial pushback against the administrative state. The court affirmed that agencies must operate within the confines of statutory law passed by Congress and cannot unilaterally redefine terms or create new regulations without legislative authorization.

How are public nuisance statutes being used against the firearms industry?

Public nuisance statutes are being weaponized to circumvent the Protection of Lawful Commerce in Arms Act (PLCAA). States are attempting to create liability for firearm manufacturers and retailers based on the illegal possession of firearms, even if the chain of commerce was lawful, effectively creating a negligence claim as an exception to PLCAA.

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