Tom Gresham's Gun Talk: 2.26.17 - Part B

Published on March 1, 2017
Duration: 44:24

This discussion analyzes recent court rulings, particularly from the Fourth Circuit, that appear to reinterpret the Second Amendment and the landmark Heller decision. The speakers express concern that lower courts are legislating from the bench, equating modern semi-automatic rifles like the AR-15 with 'weapons of war' and thus excluding them from Second Amendment protections. This is contrasted with historical interpretations and the potential implications for gun rights.

Quick Summary

Concerns are rising as courts, particularly the Fourth Circuit, appear to be reinterpreting the Second Amendment and the Heller decision. Speakers argue that these courts are legislating from the bench by classifying modern firearms like the AR-15 as 'weapons of war,' thus excluding them from constitutional protection, a stance seen as contradictory to historical legal interpretations.

Chapters

  1. 00:00Crimson Trace Link System Announcement
  2. 00:25Introduction to Gun Talk
  3. 00:49Live from Idaho: Hunting Tips
  4. 01:13Ultimate Gear Package Giveaway
  5. 02:02Hunting Tip: Barrel Protection in Snow
  6. 02:54Caller: Personal Defense Ammo
  7. 03:27Discussion on Jimmy Sillo and Ammo Effectiveness
  8. 05:03What Ammo Do You Carry?
  9. 05:11Corbon Powerball Ammunition
  10. 06:33Black Hills Honey Badger Ammo
  11. 07:16Handgun Power Limitations
  12. 07:34Clint Smith Quote: Handgun Bullets as Medicine
  13. 07:52Self-Defense Shooting Strategy
  14. 09:00Upcoming Segments: Range Report, Court Cases
  15. 09:22Ruger Mark IV Advertisement
  16. 09:53Concealed Carry Training DVDs
  17. 10:52Sig Sauer Advertisement
  18. 11:32Call-in Number and Upcoming TV Segments
  19. 11:37Gun Venture: Team Springfield
  20. 12:00Caller: Fourth Circuit Second Amendment Decision
  21. 12:14Analysis of Fourth Circuit Ruling
  22. 12:44Maryland Assault Weapons Ban
  23. 12:52Michigan Open Carry Case
  24. 13:40Courts' Interpretation of Second Amendment
  25. 14:13Second Amendment and Weapons of War
  26. 15:13Impact of Court Rulings on Gun Rights
  27. 15:36Second Amendment and Militias
  28. 16:09Original Intent of the Second Amendment
  29. 16:19US v. Miller Decision
  30. 17:25Caller: Steve from Omaha - Range Report
  31. 17:30Smith & Wesson Model 69 Combat 44 Magnum
  32. 18:14Five-Round Cylinder vs. Six-Round
  33. 19:03Shooting 44 Special and 44 Russian Loads
  34. 20:0044 Magnum Revolver Compatibility
  35. 20:31Handloading Ammunition
  36. 20:49Interest in Revolvers
  37. 21:22Upcoming Segment: Courts, Legislating from the Bench
  38. 22:43Gun Talk Poll
  39. 23:01Listener Emails and International Listeners
  40. 23:19Virginia Governor McAuliffe Vetoes Gun Bill
  41. 23:36Gun Bans in Emergency Shelters
  42. 24:07Hurricane Katrina and Shelter Safety
  43. 24:35Caller: Paul from Minnesota - Courts
  44. 24:42Courts Legislating from the Bench
  45. 25:01Ninth Circuit Decision on Travel Ban
  46. 25:34Importance of Neil Gorsuch on Supreme Court
  47. 26:00Caller: BP from Tulsa - Ammo
  48. 26:05380 ACP for Home Defense
  49. 26:33Choosing Caliber for Personal Defense
  50. 27:25Black Hills Honey Badger Ammo
  51. 27:34Caller: Bill from Reno - Dick's Sporting Goods
  52. 27:42Dick's Sporting Goods ID Policy
  53. 28:38Dick's Sporting Goods AR-15 Stance
  54. 29:14Legality of Checking IDs for Gun Purchases
  55. 30:15Used Guns from DloresGuns.com
  56. 30:53GunDeals App
  57. 31:44Smith & Wesson M&P 15-22 Sport
  58. 32:10Concealed Carry Training DVDs
  59. 32:45Laser Sights for Training
  60. 33:27Caller: Matthew - Springfield Saint vs. Building an AR
  61. 33:32Springfield Armory Saint AR-15
  62. 34:09Building Your First AR-15
  63. 34:50AR-15 Lower Receivers
  64. 35:27AR-15 Builder.com (Brownells)
  65. 35:50Caller: Ben - Sig P320
  66. 35:54US Army Adopts Sig P320
  67. 36:34Modularity of the Sig P320
  68. 37:48Government Firearm Procurement Process
  69. 38:20New Hampshire Constitutional Carry
  70. 39:44ATF Entrapment Scheme Alert
  71. 40:01ATF Posing as Online Gun Sellers
  72. 40:29Interstate Firearm Transfers
  73. 41:49Caller: Bob - Holsters
  74. 41:53Sneaky Pete Holsters vs. Sticky Holsters
  75. 42:18Holster Ambiguity
  76. 43:19Glock 42 and Smith & Wesson Shield
  77. 43:38Holster Systems for Concealed Carry
  78. 44:16Closing Remarks and Call to Action

Frequently Asked Questions

What is the concern regarding recent court decisions on the Second Amendment?

The primary concern is that lower courts, like the Fourth Circuit, are misinterpreting the Second Amendment and the Heller decision. They are seen as legislating from the bench by equating modern firearms like the AR-15 with 'weapons of war,' thereby excluding them from constitutional protection.

How do current court interpretations of the Second Amendment differ from historical ones?

Historically, as seen in US v. Miller (1939), firearms used by the military were considered covered by the Second Amendment. However, current interpretations suggest that if a weapon is used by the military, it is *not* protected, which is seen as a reversal of that principle.

What is the significance of the Fourth Circuit's ruling on Maryland's assault weapons ban?

The Fourth Circuit upheld Maryland's ban, arguing that military-grade weapons are not covered by the Second Amendment. This ruling is viewed by some as a dangerous precedent that could erode gun rights by redefining what constitutes a protected firearm.

What is 'legislating from the bench' in the context of gun rights?

'Legislating from the bench' refers to judges making new laws or policy through their court decisions, rather than strictly interpreting existing laws and the Constitution. In this context, it means judges are perceived to be creating new restrictions on gun ownership based on their personal opinions or interpretations.

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