This Week in Guns 8/3/23 - Pistol Brace Updoot, The Trace Kerfuffle, and Bad Guns Misbehaving

Published on August 4, 2023
Duration: 50:10

This episode of This Week in Guns discusses the Fifth Circuit's ruling on pistol braces, emphasizing the Administrative Procedure Act (APA) as the primary legal avenue for injunctions. It also covers the complexities of qualified immunity, the controversial practices of The Trace, legal challenges to firearms sales regulations, and the ongoing issues with Sig Sauer P320 discharges. The discussion highlights the legal and practical challenges faced by gun owners and advocates in the current regulatory and judicial landscape.

Quick Summary

The Fifth Circuit Court of Appeals is focusing on the Administrative Procedure Act (APA) for pistol brace injunctions, while qualified immunity presents a significant hurdle for Second Amendment challenges. New York City continues to issue fewer gun permits post-Bruen, and Sig Sauer faces ongoing issues with P320 discharges.

Chapters

  1. 00:49Primary Arms Optics Release
  2. 04:31Pistol Brace Ruling Update
  3. 13:04New Zealand Gun Owner Data Breach
  4. 16:05Amish Man Convicted of Gun Sales
  5. 23:09Qualified Immunity & Gun Rights Analysis
  6. 30:29The Trace Controversy
  7. 34:59NYC Permit Approvals Post-Bruen
  8. 39:23Sig Sauer P320 Discharge Issues

Frequently Asked Questions

What is the latest on the pistol brace ruling from the Fifth Circuit?

The Fifth Circuit Court of Appeals has provided further reasoning for its injunction on the pistol brace rule, primarily focusing on the Administrative Procedure Act (APA) claim. This suggests future injunctions in that circuit may lean heavily on APA grounds rather than solely Second Amendment arguments at initial stages.

How does qualified immunity affect Second Amendment rights?

Qualified immunity protects government officials from liability unless their actions violate clearly established rights, making it difficult to sue for rights infringements. Proponents of gun rights may need to oppose qualified immunity broadly to protect their preferred rights effectively.

What issues have arisen with Sig Sauer P320 firearms?

Sig Sauer has faced scrutiny over P320 discharges, with the company asserting the firearms cannot discharge without a trigger pull. However, ongoing litigation and user reports suggest potential issues, particularly when the firearm is not properly holstered or is subjected to rough handling.

What legal challenges are being faced by firearms sales regulations?

An Amish man's conviction for selling firearms without a license highlights legal battles over commercial sales. The court ruled such sales are not Second Amendment protected, a stance that is being appealed and raises questions about the right to acquire firearms.

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