Of course, they aren't the first courts to address the issue, and it's only become a more common challenge in the wake of 2022's New York State Rifle and Pistol Association v. Bruen. So, to dissect the state of the legal debate, we have Seattle University of Law professor Alan Mygatt-Tauber on the show. He has a law review article set to publish early next year that examines the state of the fight over undocumented immigrants and guns, as well as weighing in on the different arguments.

Mygatt-Tauber said he's read every Second Amendment challenge to the illegal immigrant gun ban since Bruen was handed down. He said the most common outcome was a court holding that undocumented immigrants are part of "the people" protected by the Second Amendment, but upholding the gun ban as consistent with America's tradition of gun regulation. Then there were courts that determined they aren't protected by the Second Amendment at all. Finally, the least common holding was that they are protected, and the law is unconstitutional.

He noted that the Sixth and Tenth Circuit holdings were both in the first category, but one included a notable, lengthy dissent explaining why all non-citizens don't enjoy Second, First, or Fourth Amendment rights. He noted that, even though he belives its the most accurate position, no court has yet held illegal immigrants are entitled to Second Amendment rights and the law barring them from possessing guns is unconstitutional.

Special Guest: Alan Mygatt-Tauber.

InRangeTV's Karl Kasarda joins the podcast to discuss his view of the Second Amendment and the backlash his advocacy has generates from other sections of the gun owning community. He argues gun rights belong to everyone, regardless of race, ethnicity, gender, religion, or sexual orientation. Not everyone agrees with that list.

Kasarda said those pushing for a more limited view of who the Second Amendment protects are doing a disservice to the gun-rights cause. Some, he said, are downright hateful and harassing. But he argued even those that aren't are shrinking the number of people who could be on their side.

He also gives some insight into what it's like to run a popular gun channel on YouTube and why he's proactively demonitized his videos to minimize how much power the platform has over his ability to make videos. Thi week, we've got one of the most prominent and longest-running Gun tubers on the show. 

InRangeTV's Karl Kasarda joins the podcast to discuss his view of the Second Amendment and the backlash his advocacy has generates from other sections of the gun owning community. He argues gun rights belong to everyone, regardless of race, ethnicity, gender, religion, or sexual orientation. Not everyone agrees with that list.

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A federal judge's recent ruling that the law disarming a defendant who is in the country unlawfully, but who doesn't have any violent convictions, violates the Second Amendment has drawn a lot of attention. It has been one of our most trafficked stories at The Reload this year. The same is true for the dueling analysis pieces we published examining the ruling's legal theory and where the Supreme Court might come down on the issue.

Given the discussion surrounding all of this, it seemed like a good idea to take a deeper dive into the topic. That's why we asked gun-rights lawyer Matt Larosiere, who wrote one of those analysis pieces for us, to come on the show. He gave us a fuller explanation of why he believes the Second Amendment protects nearly all people in the United States, regardless of their immigration status.

He argued the modern gun prohibition based on immigration status shouldn't be able to withstand the Supreme Court's Bruen test because the Founders didn't view citizenship the way we do today and the Second Amendment's language is better read to protect nearly anyone in the country. He said reading the amendment to exclude those who aren't part of the political community doesn't work because the average American wasn't allowed to vote or participate in other key political functions during the Founding Era. Yet they did have their gun rights protected.

He also argued that denying gun rights to immigrants in the country unlawfully, which is only a misdemeanor, necessitates adopting a legal standard that would put everyone else's gun rights at risk. Still, Larosiere acknowledged the recent ruling is an outlier and the Supreme Court is unlikely to take up a similar case anytime soon. But he argued gun-rights proponents should embrace the ruling and the logic that led to it.

Special Guest: Matt Larosiere.

So, we've got one of the lawyers who won the case on to explain it. Kostas Moros, who represented the California Rifle and Pistol Association (CRPA), joins the show to recount his arguments and the judge's decision.

The decision was a total victory for Moros and the plaintiffs. The judge enjoined all of the challenged sensitive places restrictions. He even went a bit beyond what the plaintiffs asked for and struck down the parking lot ban associated with many of those places.

Moros argues the judge, in contrast with an opposing decision out of the Second Circuit on a similar New York law, used the proper analysis when approaching the question of where guns can be banned by default. He said many of the locations existed at the time of the Founding but had no such bans. Under the Supreme Court's Bruen decision, he said that means the modern regulation can't stand.

The judge didn't stay his order. However, the day after we recorded the podcast, an appeals panel did. So, California's law will go into effect on January 1st as the case against it continues to unfold. But Moros said he and CRPA will keep fighting it as long as necessary to win.

Plus, Contributing Writer Jake Fogleman and I discuss our exclusive story on how Hawaiians are effectively barred from buying guns for the next few weeks.

Special Guest: Kostas Moros.

Instead of interviewing somebody about something they wrote, I'm talking about a piece I wrote with my co-author. Gun-rights lawyer Kostas Moros joins me to talk about our look at what second-generation Americans thought of the Second Amendment.

We set out to answer a pretty simple question: did gun-rights advocates recently invent the idea that the Second Amendment protects an individual right?

The answer is no.

Moros explains how he used digitized 19th-century writings to show Americans have long viewed gun rights as guaranteed to everyone. Writers famous and forgotten held the same view on that point.

That doesn't mean they agreed on everything, though. Moros outlines how the 19th-century scholars clashed over whether the Second Amendment restrains the states or just the federal government, especially after a seminal post-civil war Supreme Court decision.

He also delves into the divide over whether weapons useful in military combat are protected and how the modern gun-control debate turns that divide on its head. Instead of arguing "weapons of war" are unprotected by the Second Amendment, 19th-century Americans generally agreed those arms were protected while disagreeing over guns they associated with criminal activity.

Moros, who commonly works on cases for the California Rifle and Pistol Association, also gives us an update on two of the group's most important cases. One against the state's magazine capacity limit and the other against a city's "sensitive places" gun ban.

Plus, Contributing Writer Jake Fogleman explains Mexico's new suit against American gun dealers.

Special Guest: Kostas Moros.

So, I asked Cam Edwards of Bearing Arms to join the show. He is one of the most insightful gun writers on the planet and one of the few who has a solid understanding of national politics.

We talked at length about a recent AP poll that found support for stricter gun laws was at an all-time high and, more importantly, an upward trend. Since 2013, support has climbed 19 points. That's something that I argued ought to worry gun-rights advocates.

Cam agreed but cautioned against putting too much stock in any one poll. Still, he said gun-rights advocates need to focus on persuading the public that further gun restrictions aren't the answer to rising crime or mass shootings. He argued it is vital to convince people to support Second Amendment protections to ensure the long-term security of gun ownership in America.

Then we turned to the midterm elections, where there was more bad news. The odds of Democrats holding the Senate and House increased in recent weeks thanks to some bellwether elections making the end of the filibuster and a flood of new federal gun restrictions more likely. Cam explained why those concerns are valid and why the nightmare scenario still isn't the probable outcome.

We also have member Cody Claxton on the show this week. He tells us how he learned to shoot in the military, got back into it because of a threat to his life, and stayed in it because of competitive shooting.

Plus, Contributing Writer Jake Fogleman and I talk about a federal judge ruling 18-to-20-year-olds have a right to carry a gun in Texas.

Special Guest: Cam Edwards.

Scott Kane, Bobby Yang, and Raphael Platte joined me to discuss the new group's recent range day as well as their concealed-carry permit protest event. The three are relative new comers to the world of gun-right activism but they've identified a need in the gun owning community and are trying to fill it. They talked about their efforts to engage with Asian-Americans interested in owning guns and what they plan to do moving forward to grow the group.

We also talked a bit about why a group specifically designed to appeal to Asian-Americans is necessary and how it can offer services and a form of community other groups can't or won't.

Scott talked about his family's run in with racist intimidation that inspired him to buy a gun at the begining of the pandemic. Bobby also gave insight into how this activism plays into the greater political awakening of Asian-Americans in the wake of rising hate crimes. Plus, the three talk about their shared background in the tech world and how that informs their activism.

Give it a listen. I think you'll really enjoy it!

Special Guests: Bobby Yang, Raphael Platte, and Scott Kane.