The Weekly Reload Podcast

Author Mark W. Smith on the Post-Bruen Legal Landscape

February 20th, 2023

We're doing another unique episode this week.

Instead of exploring a specific story from the week, we're taking a step back and looking at the state of the legal fight over guns. That's why I reached out to one of the best legal commentators out there: Mark W. Smith. He is an author, lawyer, and host of The Four Boxes Diner on YouTube.

Smith gives us the state of play around gun restrictions in federal courts. He said there has been more significant movement from the courts in the seven months since SCOTUS handed down a decision in Bruen than there had been in the decade-plus between it and the landmark Heller decision. And he thinks things are just getting started.

He believes the Supreme Court will likely take up multiple Second Amendment cases over its next term. Smith said they are likely to settle some questions around prohibited person restrictions. But he noted the Court usually takes up cases as a means to lay out best practices for deciding future cases as well. So, the justices are likely to look for cases where they can hand down a decision that applies well beyond the merits of the case.

Smith also goes over some emerging arguments for how certain modern gun restrictions, such as magazine bans, can survive Bruen scrutiny and explains why he believes they don't hold water.

Plus, Contributing Writer Jake Fogleman and I discuss Florida Governor Ron Desantis's effort to keep big banks from dropping gun companies.