The Looming Legal Fights Over Our 2A Rights

The Looming Legal Fights Over Our 2A Rights

It’s going to be a busy couple of years for Second Amendment groups, as they not only take on gun control activists in state legislatures and Congress, but do battle in defense of our right to keep and bear arms in courtrooms across the country. On today’s Bearing Arms’ Cam & Co. Adam Kraut, the Firearms Policy Coalition’s director of legal strategy, joins me to talk about some of the gun rights cases making their way through the courts, as well as what he anticipates will be the biggest threats in a potential Biden administration.

Kraut says that he’s gearing up for the ATF to launch a regulatory assault on pistol braces and 80% receivers and frames if Joe Biden and Kamala Harris are sworn in as president and vice-president in January, acknowledging reports that members of the Biden transition team have already begun talking with officials at the agency even before the Electoral College has cast its votes.

The FPC and other 2A groups aren’t just going to be playing defense against the anticipated onslaught of regulatory and administrative schemes to restrict Americans’ access to commonly owned firearms. They’re also going on offense, energized by the confirmation of Justice Amy Coney Barrett to the Supreme Court, which will hopefully end the reluctance of the Court to hear Second Amendment-related cases that we’ve seen for a decade now.

New challenges are being filed almost daily, and they don’t always involve gun control laws. In fact, just this week FPC  began litigation against Sacramento County, California sheriff Scott Jones over his department’s withholding of information about firearms confiscations and departmental policies.

The group wants to know what guns the department has confiscated, including from Andrew Richard Casarez of Orangevale, who was served a gun violence restraining order in July. Deputies say Casarez is the leader of a neo-nazi hate group called the “Bowl Patrol.”

The Sacramento County Sheriff’s Office used social media posts to convince a judge to allow them to search Casarez’s home. It’s an unprecedented move that may have prevented Casarez from carrying out serious crimes, the sheriff’s office said.

The FPC says people have a right to know how the government is enforcing its laws and policies.

“The defendants’ denial of our requests is particularly concerning in light of it being a significant matter of great public interest, and we look forward to finding out what they’re hiding from us and all Californians,” FPC Director of Legal Strategy Adam Kraut said.

Kraut and I actually didn’t get into this case during today’s conversation, but check out the entire interview above for details on a few other FPC cases, including a case that might be of great interest to Justice Amy Coney Barrett, given her views on the Second Amendment rights of those convicted of some criminal offenses. And after the legal discussion is through, stick around for more stories, including a legal slap on the wrist for a former Michigan state senator who shot up his ex-wife’s car.