This Week in Guns 11/16/23 - Several Case Updates, New York & Other States Wilding, + Why We're Mad

Published on November 16, 2023
Duration: 69:06

This episode of This Week in Guns discusses several critical legal updates impacting firearm ownership. Key topics include the Supreme Court's consideration of the Rahimi case regarding domestic violence restraining orders and gun rights, the nationwide injunction on the ATF's pistol brace rule, and the Fifth Circuit's ruling against the ghost gun rule. The hosts express frustration over missed opportunities for Second Amendment victories in these cases, emphasizing the importance of legal challenges that address constitutional rights rather than solely procedural issues.

Quick Summary

Critical gun law updates include the Supreme Court hearing the Rahimi case on domestic violence restraining orders and gun rights, a nationwide injunction against the ATF's pistol brace rule, and the Fifth Circuit striking down the ghost gun rule. Hosts express concern over procedural wins potentially overshadowing substantive Second Amendment victories.

Chapters

  1. 01:20Rahimi Case Arguments at Supreme Court
  2. 09:21Pistol Brace Rule Nationwide Injunction
  3. 14:01Ghost Gun Rule Struck Down
  4. 20:03NY AG Sues Magazine Lock Manufacturer
  5. 26:51NYT Targets Lake City Ammunition Plant
  6. 34:44Myanmar Rebels Use 3D Printed Firearms
  7. 38:34BRN-4 (HK 416 Derivative) Review
  8. 48:08DUI Gun Ban Ruled Unconstitutional
  9. 51:23New Mexico Governor Renews Gun Ban
  10. 54:32VHS Rifle Review & Design Critique

Frequently Asked Questions

What is the significance of the Rahimi case for gun rights?

The Rahimi case before the Supreme Court will establish the legal standard for confiscating firearms from individuals under domestic violence restraining orders. This decision is crucial for understanding the scope of Second Amendment rights in relation to domestic violence protections.

What is the current status of the ATF's pistol brace rule?

A nationwide injunction has been issued against the ATF's pistol brace rule. This means the rule is currently unenforceable across the United States, pending further legal proceedings, providing a temporary reprieve for owners of firearms with pistol braces.

How did the Fifth Circuit rule on the ghost gun rule?

The Fifth Circuit Court of Appeals ruled that the ATF's ghost gun rule exceeded its statutory authority. This decision effectively struck down the regulation, impacting the classification and regulation of unserialized firearms and unfinished frames/receivers.

Why are legal challenges based solely on procedural grounds concerning for gun rights advocates?

Challenges based solely on procedural grounds, like the Administrative Procedure Act, may not establish a definitive Second Amendment precedent. This can lead to temporary wins but misses opportunities to secure broader constitutional protections against future regulations.

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