The Weekly Reload Podcast

Mark W. Smith on the Game Being Played With the Maryland AR-15 Ban Case

January 22nd, 2024

This week, we are discussing a number of legal developments. So, we've got one of the preeminent pro-gun legal minds on the show.

Mark W. Smith, host of the Four Boxes Diner and member of the Supreme Court bar, joins me to talk about some complicated but fascinating cases. First and foremost, Smith explains why the case against Maryland's "assault weapons" ban has been moved on to be heard before the full Fourth Circuit Court of Appeals without the lower court panel that already held arguments issuing any decision. Smith predicted that might happen.

He said it was done to try and delay the case further. He argued the intent was to keep the Supreme Court from getting ahold of the case and potentially overturning the ban. Smith said that tactic was becoming more common among liberal-leaning courts in the wake of the Supreme Court's landmark Bruen decision.

But he also explained the Court may take up an AR ban case sooner than later anyway. He said it doesn't even necessarily need a circuit split, which is unlikely to happen anytime soon, to weigh in on the case.

Smith also weighed in on the Department of Justice's surprising brief in the NRA's First Amendment case at the Supreme Court. Plus, Contributing Writer Jake Fogleman and I talk about how a board member's letter brought the NRA's internal turmoil back out into the open.