📧 NFA Repeal Purged From Senate Budget Bill
Plus, NRO's Charles Cooke joins the podcast to explain why he thinks the federal gun free school zone act is still unconstitutional.
Hello {first},
We have big news this morning. The Senate Parliamentarian has ruled that the partial repeal of the National Firearms Act (NFA) doesn't comply with the budget reconciliation process. So, it's out of the bill.
That's already caused an uproar among some gun-rights advocates, who are calling for the Parliamentarian to be overruled or fired. But I explain for members how that's happened before, and it's unlikely to succeed over the NFA portion of the bill.
We also saw another state adopt an AR-15 ban this week, with Rhode Island becoming the fourth state to do so over the last three years.
The courts were busy, too. The Ninth Circuit struck down California's one-gun-a-month restriction. The Fourth Circuit upheld the federal ban on handgun sales to those under 21. Meanwhile, a Pennsylvania state court tossed charges against a man for open carrying in Philadelphia over 14th Amendment concerns.
Contributing Writer Jake Fogleman also does a deep dive into what the Department of Justice is proposing to do with the ATF and its burgeoning gun-rights-restoration process.
Plus, NRO's Charles Cooke joins the podcast to explain why he thinks the federal gun free school zone act complies with the Second Amendment but is still unconstitutional. We also have a ton of stories down in the links section, including a look at the recent decline in gun-rights lawsuits.
Senate Parliamentarian Strips Silencer, Short-Barrel Shotgun Deregulation From Budget Bill
By Stephen Gutowski
The Senate's top rulemaker has determined the effort to delist silencers, short-barrel rifles and shotguns, and other guns from the National Firearms Act (NFA) of 1934 doesn't fit within budget reconciliation rules.
Just after midnight on Friday, Senate Budget Committee ranking member Senator Jeff Merkley (D.) announced the NFA provision did not comply with the Byrd Rule. He said it was part of another five provisions of the Republican budget bill the parliamentarian ruled are beyond the scope of what's allowed in the reconciliation process. That means the provision would need 60 votes to pass.
"We have been successful in removing parts of this bill that hurt families and workers, but the process is not over, and Democrats are continuing to make the case against every provision in this Big, Beautiful Betrayal of a bill that violates Senate rules," Merkley wrote in a press release.
Analysis: Senate Republicans Are Unlikely to Overrule the Parliamentarian on Gun Provision [Member Exclusive]
By Stephen Gutowski
The parliamentarian stripped partial repeal of the National Firearms Act (NFA) from the budget bill early this morning. She probably won't be overruled by the Vice President or fired by the Majority Leader.
The Senate is still working its way through the massive Republican budget bill, and the Parliamentarian has already stripped out several substantial provisions, as happens with most reconciliation bills. She has now done the same to the NFA section, and some gun-rights activists and Republicans are calling on leadership to go nuclear in response.
That's very unlikely to happen for a number of reasons.
If you're a Reload Member, click here to read the rest. If not, buy a membership today to get exclusive access to this and hundreds of other pieces!
Rhode Island Passes ‘Assault Weapon’ Ban
By Jake Fogleman
The Ocean State will likely soon become the eleventh to restrict popular classes of semi-automatic firearms.
In the waning hours of the state’s legislative session, Rhode Island lawmakers gave their final approval to Senate Bill 0359 on Friday night. The measure seeks to outlaw the manufacture and sale of any semi-automatic rifle or shotgun capable of accepting a detachable magazine that has one or more disfavored cosmetic or ergonomic features. It now goes to Governor Dan McKee (D.), who has pledged to sign it into law.
“I’m proud that Rhode Island took an important step forward in protecting our communities from gun violence,” Mckee wrote in a social media post. “I thank the General Assembly and the many advocates for their tireless work, and I hope they’ll join me when I sign this bill into law. As Governor, I’m committed to working with our partners on common sense gun safety measures to keep our communities safe.”
Click here to continue reading.
Ninth Circuit Strikes Down California’s One-Gun-A-Month Law
By Benjamin Owen
A federal appeals court just found a one-gun-a-month restriction violates the Second Amendment.
On Friday, a unanimous three-judge panel on the Ninth Circuit Court of Appeals ruled that California’s one-gun-a-month law is facially unconstitutional. It rejected the argument that America’s historic laws justify the 30-day restrictions on firearm purchases. Instead, the panel found that limiting purchases violates the right to keep and bear arms.
“We are not aware of any circumstance where government may temporarily meter the exercise of constitutional rights in this manner,” Judge Danielle J. Forrest wrote in Nguyen v. Bonta. “And we doubt anyone would think government could limit citizens’ free-speech right to one protest a month, their free-exercise right to one worship service per month, or their right to be free from unreasonable searches and seizures to apply only to one search or arrest per month.”
Fourth Circuit Upholds Handgun Sales Ban for Those Under 21
By Benjamin Owen
A federal appeals court ruled those under 21 don’t have a right to buy handguns from licensed gun dealers.
Last Wednesday, a three-judge panel on the Fourth Circuit Court of Appeals sided with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in a 2-1 ruling. It found that the federal regulations on handgun sales are similar enough to Founding-Era legal tradition. It ruled that the modern restriction could therefore stand under the test developed by the Supreme Court in 2022’s New York State Rifle and Pistol Association v. Bruen.
“Because § 922(b)(1) is ‘relevantly similar’ to founding-era restrictions on the commercial sale of firearms, we are satisfied that the Second Amendment permits the law’s burden on an 18-to-20-year-old’s right to purchase a handgun.” Judge Harvie Wilkinson wrote in McCoy v. ATF.
Click here to read the full story.
Pennsylvania Superior Court Rules Philly Open Carry Ban Charges Unconstitutional
By Benjamin Owen
One of Pennsylvania’s top courts has tossed out charges against a 20-year-old man for openly carrying a gun in Philadelphia without a permit.
On Monday, the state Superior Court ruled 2-1 that a state law requiring a permit to carry in the city was unconstitutional as applied to the defendant. It determined the law treated the rights of those inside Philadelphia differently from those inside the city. The Court decided it ultimately violated the federal and state constitutions.
“Since we are dealing with a fundamental right, the different treatment accorded to persons within Philadelphia under § 6108 does not pass constitutional muster,” Judge Victor P. Stabile wrote for the majority in Pennsylvania v. Sumpter.
Podcast: NRO’s Charles Cooke on Challenge to Federal Gun Free School Zones
By Stephen Gutowski
This week, we’re taking a close look at the federal gun free school zones law with National Review’s Charles Cooke.
A federal appeals court just upheld the zones against a Second Amendment challenge for what may be the first time in the post-Bruen era. Cooke argued the law is bad policy, but he agreed it doesn’t violate the Second Amendment. Instead, Cooke argued it’s actually an unconstitutional expansion of the federal government’s power to regulate interstate commerce.
You can listen to the show on your favorite podcasting app or by clicking here. Video of the episode is available on our YouTube channel.
Plus, Contributing Writer Jake Fogleman and I break down Senate Republicans’ new proposal to remove everything but machineguns and destructive devices from the National Firearms Act as part of President Trump’s “big beautiful bill.” We discuss the upsides and pitfalls of this approach for gun-rights advocates and explain what needs to happen next for it to become law. We also cover a new ruling out of the Fifth Circuit Court of Appeals on the federal Gun Free School Zones Act, a new DOJ brief arguing that AR-15s are protected by the Second Amendment, and emerging new details surrounding a tragic shooting at a recent protest in Salt Lake City.
Analysis: Federal Gun Enforcement Would Drastically Change Under DOJ Budget Request [Member Exclusive]
By Jake Fogleman
The Trump Administration just released new budget documents that, if adopted, stand to dramatically shift how guns are regulated. There are a lot of hurdles to clear before the proposal can become law, though.
The Justice Department released its Fiscal Year 2026 budget request late last week. The sprawling 258-page document outlines how the department proposes complying with President Trump’s May discretionary budget request and its directive to slash non-defense discretionary spending and revamp federal agency priorities.
Here’s a look at some of the key details from the DOJ’s budget summary and what they might mean for gun owners.
If you’re a Reload Member, click here to read the rest. If not, buy a membership for exclusive access to this and hundreds of other stories!
Outside The Reload
What’s Behind the Decline in Pro-Gun Lawsuits? | The Trace | By Chip Brownlee and Will Van Sant
Bondi defends Justice Department proposal to end standalone ATF | Roll Call | By Ryan Tarinelli
Gun Permit Applications Soar in Israel After Hamas Attack | Bearing Arms | By Cam Edwards
That’s it for this week in guns.
I’ll see you all next week.
Thanks,
Stephen Gutowski
Founder
The Reload