đ§ 'Vampire Rule' Loses in Liberal Circuit
Plus, we have ATF Chief Counsel Robert Leider on the podcast to discuss the gun rule package he's spearheading.
This week, as we await the Supreme Courtâs decision on the so-called vampire rule, a left-leaning lower court bid it adieu.
As Contributing Writer Jake Fogleman details, the Second Circuit delivered a mixed ruling. It struck down New Yorkâs law reversing the assumption that publicly accessible private property is open to licensed gun carriers. But it also upheld another of the stateâs sweeping gun-carry restrictions.
Then I take a close look at what the latest polling indicates about how guns will play into the 2026 midterms. Itâs a similar story to the 2024 election, it seems.
Plus, thereâs been a new development in Virginia. Some local prosecutors are vowing not to enforce the stateâs new âassault firearmsâ ban when it goes into effect over the summer. And Jake does a deep dive into the legal challenges that have already cropped up against the ban.
Meanwhile, we have ATF Chief Counsel Robert Leider on the podcast to discuss the gun rule package heâs spearheading. He also directly responds to concerns that the gender ID rule change is a backdoor trans gun ban. And we have a bunch of additional stories down in the links, including one where black activists claim the government is targeting their gun licenses.
Second Circuit Strikes Down New York âVampire Ruleâ
By Jake Fogleman
The Empire State may not presumptively ban licensed gun carriers from bringing their weapons onto all publicly accessible private property.
Thatâs the conclusion drawn by a three-judge panel for the Second Circuit Court of Appeals on Monday. The panel unanimously affirmed a lower court ruling preventing New York officials from requiring gun carriers to get affirmative consent before entering public establishments like stores and restaurants while armed, a legal provision dubbed a âVampire Ruleâ by its opponents. It ruled that such a requirement lacked the valid historical precedent required by the Supreme Courtâs Second Amendment test.
âWe conclude that the Private Property Provision, as applied to private property open to the public, is unconstitutional because the State did not carry its burden of demonstrating that the restriction falls within our Nationâs historical tradition of gun regulations, as required under the framework set forth in New York State Rifle & Pistol Association, Inc. v. Bruen,â Judge Joseph Bianco wrote in Christian v. James.
Analysis: Voters Put Guns Way Down the Totem Poll Headed into the Midterms [Member Exclusive]
By Stephen Gutowski
The midterm elections are fast approaching, and gun politics have little salience.
Among the three major polls to ask people about their top issues that were released the past week, none of them registered a gun-related response higher than tied for second-to-last place. Polls from Quinnipiac University and The Economist/YouGov show just two percent of respondents ranked guns as their top issue.
Meanwhile, Echelon Insights reported just one percent of the 1,008 likely voters they asked had guns as their top issue. That was tied for last place.
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ATF Says Gender ID Rule Change Isnât a Trans Gun Ban
By Stephen Gutowski
The Trump Administration isnât trying to bar transgender or non-binary people from owning guns, according to a top official at the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
In an exclusive interview with The Reload, ATF Chief Counsel Robert Leider rejected the idea that a new rule requiring gun buyers to put their biological sex at birth on any ATF form is an attempt to deny gun sales to anyone. While the rule rejects the âconcept of gender identityâ and requires applicants to select their âimmutable biological classification as either male or female,â Leider said that wonât bar trans people from purchasing or owning firearms. He insisted that the rule is âjust a matter of coordinating which sex somebody selects on the form.â
âNo, not at all,â Leider said when asked if the rule was a backdoor trans gun ban. âI donât even see how that could possibly be the case. I mean, itâs not at all.â
Click here to read the full story.
Some Virginia Prosecutors Refuse to Enforce New Gun Bans
By Shiv Parihar
At least four Virginia Commonwealthâs Attorneys say they will not enforce Virginiaâs new âassault firearmsâ and magazine bans.
Commonwealthâs Attorneys in Spotsylvania, Smyth, Powhatan, and PulĂ„ski counties announced over the past week they would not pursue cases arising from the bills Governor Abigail Spanberger (D.) signed last Thursday. The four prosecutors argued the law is either unconstitutional or, at least, constitutionally questionable, and they canât enforce it.
âI took an oath to uphold both the Constitution of the United States and the Constitution of Virginia,â Smyth County Commonwealthâs Attorney Phillip Blevins Jr. wrote in a letter to local law enforcement. âThat oath requires more than mechanical enforcement of statutes. I must exercise prosecutorial discretion, constitutional judgment, and fidelity to the rule of law. As such, my office will not support criminal charges resulting solely from technical violations of the unconstitutional assault weapon ban.â
Podcast: ATF Chief Counsel Robert Leider Explains the Bureauâs New Gun Rules
By Stephen Gutowski
This week, weâre speaking directly to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The bureau just released dozens of new gun rule proposals. Weâve examined the details of them ourselves, weâve discussed them with representatives of the gun industry, and now weâre hearing directly from the man who spearheaded the effort. Thatâs ATF Chief Counsel Robert Leider.
larger swings the bureau took under the Biden Administration couldnât.
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 discuss Virginia Governor Abigail Spanberger signing bans on so-called assault weapons and magazines capable of holding more than 15 rounds into law. We also talk about the latest financial reports for the NRA, which reveal plenty of signs of improvement for the group but also some risks.
Analysis: Virginiaâs Hardware Bans are Now Law. What Does the Path Forward for Legal Challenges Look Like? [Member Exclusive]
By Jake Fogleman
After weeks of waiting, the political fight over Virginiaâs proposed âassault weaponâ and magazine bans is now over. The legal battle to undo those bans is just beginning.
Late Thursday night, Virginia Governor Abigail Spanberger (D.) ended the suspense by officially signing into law a pair of bills banning the sale of AR-15s and other popular semi-automatic firearms, along with magazines capable of holding more than 15 rounds. Mere moments later, the first in a wave of lawsuits challenging those new restrictions began pouring in.
Generally speaking, those suits fell into two camps: those filed in federal court and those filed in Virginia state court. Each venue poses distinct opportunities but also real challenges that gun-rights advocates will have to contend with in their quest to regain the right to purchase AR-15s and the magazines that come standard with them in Old Dominion.
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Outside The Reload
Minnesota legislative session ends with no House vote on gun control bill | CBS News | By Aki Nace
New Federal Lawsuit Filed Against Illinois FOID Card Requirements | Fox News | By Robert McGreevy
Gun rights groups see âgolden ageâ under Trump administration | NPR | Jaclyn Diaz
Thatâs it for this week in guns.
Iâll see you all next week.
Thanks,
Stephen Gutowski
Founder
The Reload