This Week in Guns 6/3/2023 - The Membership Wars, Brace Injunctions, Wild Fights, and Show & Tell

Published on June 3, 2023
Duration: 58:49

This episode of 'This Week in Guns' discusses the ongoing 'membership wars' surrounding firearm brace injunctions, clarifying who is covered by court orders. It also delves into legal challenges against the federal switchblade act, the complexities of credit card merchant category codes for firearms retailers, and the legal battles over assault weapons bans in Illinois and Oregon. The discussion highlights the evolving legal landscape for firearm ownership and regulation.

Quick Summary

The 'membership wars' in firearms law refer to the ongoing legal disputes and clarifications regarding who is covered by injunctions against ATF regulations, particularly concerning firearm braces. These battles focus on whether injunctions apply only to named plaintiffs or extend to members of gun rights organizations, creating significant enforcement complexities for the ATF.

Chapters

  1. 00:00Introduction & Pew Report Launch
  2. 01:41The Membership Wars: Brace Injunctions Explained
  3. 06:56ATF Enforcement Concerns with Injunctions
  4. 07:49SAF and GOA Membership Injunctions
  5. 14:03Knife Rights Challenges Federal Switchblade Act
  6. 17:03Hollywood's Uzi Love Affair
  7. 19:12Bad Submachine Guns: MPX & Semiautomatics
  8. 20:54CETME-L Ammunition Issues
  9. 23:07CETME-L: A Terrible Gun?
  10. 24:15MAFs Corporation & Apparel
  11. 25:06Credit Card Codes for Gun Stores
  12. 29:27Portland Supports Gun Control Measure 114
  13. 32:55Illinois Assault Weapons Ban Challenges
  14. 35:02Show & Tell: Armalite AR-17 Shotgun
  15. 39:12Show & Tell: Norinco ATD .22 Rifle
  16. 41:06Four Patriots Solar Generator & Survival Food
  17. 43:59Florida: Carrying on Private Property
  18. 50:18ATF on Marijuana Legalization & Gun Ownership
  19. 53:56California Bans New Pistol Sales (SB 452)
  20. 56:30Patriot Patch Company & Sales

Frequently Asked Questions

What are the 'membership wars' in the context of firearm brace injunctions?

The 'membership wars' refer to the legal battles and clarifications surrounding who is covered by preliminary injunctions against ATF regulations, specifically concerning firearm braces. The key issue is determining whether these injunctions apply only to individuals or also to members of gun rights organizations, creating enforcement challenges for the ATF.

How are states responding to credit card companies flagging firearms transactions?

Several states, including Florida, Montana, and North Dakota, have banned the use of specialized Merchant Category Codes (MCCs) for firearms retailers. This prevents credit card companies from easily identifying and potentially restricting transactions with gun stores, aiming to protect the industry from financial discrimination.

What is the legal basis for challenging the federal switchblade ban?

The federal switchblade ban is being challenged under the Bruin standard, which requires gun control laws to have historical analogs. Proponents argue that bans on switchblades, particularly those affecting interstate commerce, lack sufficient historical precedent to be constitutional under current Second Amendment interpretations.

What is the significance of Cook County's stance on handguns for self-defense?

Cook County's recent legal position that firearms more powerful than handguns are excessive force for self-defense is significant because it contradicts their previous arguments in landmark cases like McDonald v. Chicago. This shift highlights the evolving and sometimes contradictory legal interpretations of self-defense rights.

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