Latest / Live to Shoot - Defending our 2nd Amendment Rights / A Big Week In The Courts

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A Big Week In The Courts · Live to Shoot - Defending our 2nd Amendment Rights

• 0:16
  Welcome to the Live to Shoot Podcast.
• 0:17
  My name is Jeff Dowdle and I've been a licensed firearm dealer for the last 17 years.
• 0:21
  This podcast will talk about all things related to the Second Amendment as well as anything else going on in the news, a personal story or anything going on in sports.
• 0:29
  So welcome, welcome, welcome.
• 0:31
  This has been a heck of a week for us.
• 0:33
  I am not going to talk about my Mavericks.
• 0:36
  and the NBA finals, but I am going to talk about all the things going on in the courts this week.
• 0:43
  It was crazy.
• 0:45
  I've never seen as many rulings come down in one week.
• 0:49
  So the first ruling, is just the Hunter Biden case.
• 0:53
  So Hunter was found guilty on two charges.
• 0:58
  One, illegally possessing a firearm and then two, lying on a federal form saying that he was not addicted to or abusing drugs at the time he was.
• 1:10
  And so he's found guilty on both those charges and he will have sentencing coming up soon.
• 1:16
  So the question is out there, you know, will his dad pardon him?
• 1:22
  Or not, and his dad has said no, but if we say, you know, he's facing 25 years in jail, let's say they hypothetically send him to 25 years in jail, which we know that's not going to happen, but would his dad then pardon him?
• 1:34
  Of course he's going to pardon him.
• 1:36
  But the other thing that's really interesting in this case, and it's more from our perspective as 2A advocates, is he's going to appeal, and his The appeal is going to be based on the second amendment and you know I'm going to have to almost tend to agree with him based on if we're going to be consistent and that is history and tradition of the second amendment and it did it prohibit illegal drug users from owning firearms or non violent criminals.
• 2:06
  I guess it might be even another way to look at it and that's what his appeal is going to be based on and.
• 2:12
  You know, he could have a decent chance of, of winning that and then that will throw into question the that question on the forum altogether and you know, we'll even muddy it up even more, but we will have to sit back and just watch and wait and see, but it could be very interesting to see what happens with Hunter Biden and his gun law problems as well as his dad sitting back, you know, Continuing to advocate taking away all of our firearms.
• 2:42
  So quite a conundrum in that family, but on to bigger and better things.
• 2:48
  So let's talk about the ruling regarding the engaged in a business case.
• 2:56
  So Summary the ATF issued a, has put out a ruling in regards to what it means to be engaged in a business and requiring a potential FFL license to sell firearms.
• 3:09
  And that has been taken to court by the state of Texas and a variety of the other plaintiffs against the Bureau of Alcohol, Tobacco and Firearms.
• 3:17
  And in the, this week in the northern district of Texas Amarillo and injunction was put into place.
• 3:27
  And it's a preliminary injunction filed on May 9th, 2024.
• 3:31
  Defendants filed their response and on May 14th, 2024, having reviewed the briefing and relevant law, the court grants the motion.
• 3:40
  Defendants are hereby enjoined from enforcing the regulation.
• 3:43
  So the defendants, the ATF, cannot enforce this injunction.
• 3:47
  The Engaged in Business Regulation for a certain group of people.
• 3:53
  And that group, right now, are plaintiffs against, that live in the state of Texas, Louisiana, Mississippi, Utah Jeffrey Torme, an individual members of the Gun Owners of America, and The Gun Owners Foundation, the Tennessee Firearms Association, and the Virginia Citizens Defense League are all protected from any enforcement from the ATF on this ruling.
• 4:20
  And what that typically means is that the court believes that there's a good chance that the plaintiffs could win their case and if this were to go into effect while this case was In motion, they could be irreparably harmed.
• 4:35
  And so they are saying you cannot enforce this till we make a final decision.
• 4:40
  Now that means there are still a lot of people out there that the ATF could go after.
• 4:46
  And will they, I don't know.
• 4:47
  They have shown that they are going to pursue people and actively so.
• 4:53
  So still be careful out there, but if you're one of that group of people that you do have some protection that's being afforded to you by the district court out of Amarillo A final judgment that was made is another one, and this is one of our big cases, the Pistol Brace case.
• 5:10
  This is actually considered the William T.
• 5:12
  Mock versus Merrick Garland case.
• 5:15
  And a final judgment was issued by the Northern District of Texas Fort Worth Division, and it is and I will just read what it says here.
• 5:24
  It is ordered, adjudged, and decreed that plaintiff's motion for summary judgment on the grounds that the final rule violated the Administrative Procedures Act's procedural requirements because it was arbitrary and capricious and was not a logical outgrowth that the proposed rule is granted and defendant's cross motion for summary judgment as to those claims is denied.
• 5:45
  On those grounds, factoring criteria for firearms with attached stabling braces is hereby vacated.
• 5:52
  The plaintiff's remaining claims are denied as mute.
• 5:56
  So right now, because of this district court out of Fort Worth, the pistol brace law is dead.
• 6:04
  Dead, dead, dead.
• 6:05
  So but that, what does that mean?
• 6:07
  Well, I am certain that our friend Merrick Garland will be creating an appeal on this ASAP and maybe eventually trying to get this to the Supreme Court.
• 6:19
  But you know, he has a rough, rocky road ahead because he's first going to have to appeal it to the Supreme Court.
• 6:24
  district and they've already shown that they are not too interested in the way that this was handled.
• 6:31
  So right now, your pistol braces are good to go, but more to come on that.
• 6:37
  And then finally, the Supreme Court has struck down the bump stock ban.
• 6:43
  Finally, finally, finally reasonable minds, uh, prevailed on this.
• 6:49
  Now.
• 6:50
  It is interesting that this was really done on a, you know, legal interpretation of the law and what the Supreme Court, in a six to three ruling, determined is that a bump stock does not make it a machine gun because it does not force the firing with a single fire.
• 7:09
  Pull of the trigger.
• 7:10
  Simple as that.
• 7:12
  Which we all know, just because it can help make it pay far faster, based on the way the current law is written, that does not make it a machine gun.
• 7:20
  So, the pump stock ban has been struck down.
• 7:25
  Now, there are states out there that have issued bans.
• 7:28
  pump stock ban laws and those are more likely going to stand up and not be affected by this decision because this was a decision based around the federal law and the interpretation that the ATF did around bump stocks and applying them to the law regarding machine guns.
• 7:49
  If your state has gone and written law that says bump stocks are banned, they at least have gone through the proper channels.
• 7:58
  The, the legislation has written the law and now it's being enforced at the state level.
• 8:05
  Now you could appeal that law as a violating your second amendment, but that is a harder road to hoe.
• 8:13
  But for now, from a federal standpoint, bump stocks are not illegal.
• 8:19
  Only depends on what your local states have, have ruled.
• 8:23
  So, big week, Hunter Biden guilty.
• 8:29
  Engaged in business temporarily for some of us put on hold.
• 8:35
  Pistol brace.
• 8:36
  Dead.
• 8:37
  Bump stocks.
• 8:39
  Dead.
• 8:40
  Big, big wins for us in the courts and it really shows that the court doesn't have much patience for what this current ATF regime is trying to do in terms of rewriting laws rules for the ATF.
• 8:56
  By creating new laws with those rules.
• 8:59
  So, hopefully, that's a good sign of things to come.
• 9:03
  We can maybe hopefully start ruling, reigning in the ATF.
• 9:08
  But that is yet to be seen.
• 9:09
  So, have a great one.
• 9:13
  It's Father's Day weekend.
• 9:14
  Celebrate with your fathers.
• 9:16
  Everybody have a great Father's Day weekend.
• 9:18
  And I will talk to you later.