This week, we're looking at how the Department of Justice (DOJ) has performed on gun policy during the second Trump Administration and why Jeanine Pirro's newest legal filing could change the review.

To examine the DOJ's track record, we have the Second Amendment Foundation's Kostas Moros on the show. He has been willing to defend the administration's overall approach to gun policy and to criticize moves he believes are likely to produce significant setbacks. He argued that the DOJ has actually been as pro-gun as any in modern history.

In fact, he said a lot of the disappointment from online gun activists stems from bad expectation setting. He argued the DOJ was never likely to stop defending all federal gun laws, nor would that move guarantee the kind of gun-rights wins some believe it would. He also said the administration's moves to sue localities over alleged violations of the Second Amendment, as well as their efforts to back gun-rights challenges, even up to the Supreme Court, create a positive case for why it has been a good ally to gun-rights activists.

Still, Moros admitted the DOJ has been pretty all over the place in its arguments at times. And he further criticized a new legal filing that stands to undermine a serious breakthrough in the gun-rights movement's fight against magazine bans. He said Jeanine Pirro, who Donald Trump appointed as US Attorney for Washington, DC, and who he is reportedly considering making the Attorney General, intervened to ask a DC court to reconsider its ruling against the city's magazine ban.

Moros argued Pirro didn't need to say anything at all, given that she isn't actively defending the law, and that her filing makes it more likely the case will be reheard. That, he noted, could undermine the all-important circuit split on the question of magazine bans. Ultimately, Moros argued, that could keep the Supreme Court from settling the question and further sour gun activists' view of the administration.

Special Guest: Kostas Moros.

Contributing writer Jake Fogleman and I cover a new ruling out the First Circuit Court of Appeals which held that waiting periods for gun sales do not even implicate the Second Amendment. We also discuss a New York federal judge's recent decision to toss a lawsuit filed by a licensed concealed carrier who was wrongfully arrested by NYPD officers who were unfamiliar with the city's gun laws.

Stories:
-https://thereload.com/federal-appeals-court-reinstates-maine-waiting-period-law/
-https://thereload.com/judge-tosses-war-heros-suit-against-nyc-over-mistaken-gun-arrest/
-https://thereload.com/analysis-jeanine-pirro-may-have-just-fumbled-a-long-sought-hardware-ban-circuit-split-for-gun-rights-activists/

This week, we've got a lawyer from the American Civil Liberties Union (ACLU) on the show.

That's because the group's North Carolina affiliate has filed an amicus brief in a Second Amendment challenge that's going to be heard by the North Carolina Supreme Court. And the ACLU is on the side of the defendant who is attempting to assert his gun rights. So, to discuss the details, we have ACLU of North Carolina Legal Fellow Jacqueline Landry joining us.

Landry helped author the group's brief in State v. Ducker, a Second Amendment challenge to the state's felon-in-possession gun crime. She said Ducker's underlying felony was non-violent, fleeing the police, and he never served any time in jail. She said the case isn't even about whether or not Ducker can be disarmed, but, rather, whether he can individually challenge his charges at all.

Landry said the lower court in this case had determined that anyone convicted of a felony falls outside of "the people" that the Second Amendment protects and, therefore, can't even make an as-applied challenge to their gun charges. She said the ACLU is arguing, alongside the CATO Institute, that the judge was wrong. Landry said the Supreme Court has determined the Second Amendment guarantees an individual right, and governments have to justify their modern gun restrictions comport with the historical tradition of gun regulation to survive a challenge.

She explained that the ACLU, which has started doing more Second Amendment challenges in recent years, has adapted to the Supreme Court's view of the right. However, Landry denied that the group has modified its views on guns and civil liberties. She argued the ACLU has always been primarily concerned with pushing back against the kind of categorical infringements on individual rights, like the felon-in-possession ban. She also disagreed that the group views Second Amendment rights as more limited than First or Fourth Amendment rights.

Landry also said the ACLU is likely to continue pursuing new Second Amendment cases moving forward, even if they aren't necessarily the group's top priority.

Special Guest: Jacqueline Landry.