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Summary
Transcript
This is big. It’s not speculation. This isn’t spin. This is the federal government saying on record, you cannot ban firearms that are in common use by law-abiding Americans. And if Massachusetts loses this case, the ripple effects will be massive. The case is Granada v. Campbell, and it’s now before the First Circuit Court of Appeals. The plaintiffs include a Massachusetts gun owner, a firearm retailer, and Firearms Policy Coalition. And this was a case I begged FPC to get involved with, and I begged the firearms retailer to get involved with. So I’m very, very invested in this case, and I’m glad that we’re where we are today.
They’re challenging Massachusetts’ so-called approved firearms roster, a system that requires the state government to pre-approve what handguns you, the people, are allowed to buy. If your handgun isn’t on their list, you are out of luck, even if it’s legal in 49 other states. And here’s the key. The Department of Justice is now backing the gun owners and urging the court to reverse the lower court’s ruling that upheld this scheme. And Massachusetts claims that this is about safety. But let’s be honest about what’s actually happening here. Under state law, every handgun must meet arbitrary design standards.
It must pass state-mandated testing, and it must be placed on an approved firearm roster. And if it’s not on that list, licensed gun stores are legally prohibited from selling it. Not because it’s dangerous, not because it’s defective, but because Massachusetts says no. There are other states that do this exact same thing, which is why this case is huge. Now, the DOJ didn’t mince their words here, and they call it exactly what it is, a pre-clearance regime that bans arms that are in common use, which the Second Amendment flatly forbids. I want to thank Harmeet Dillon, who I had the pleasure of meeting last week, for actually getting involved in this case.
I still want you to do the same thing you’re doing for the Second Amendment against states that are usurping our rights. I still want you to do it in court for the federal government, as they usurp our rights. But this is a big one. This entire case turns on one foundational Supreme Court rule, that arms are in common use by law-abiding citizens cannot be banned. That principle comes straight from Heller, Keitano, and Bruin, and the Department of Justice spells it out clearly. Governments may not do indirectly what they are forbidden to do directly, meaning ban commonly used firearms.
And Massachusetts here tried to argue, well, we’re not banning guns, we’re just regulating how they’re sold. The DOJ responded, that argument is constitutionally meaningless. If the effect of your law is to prevent people from buying common firearms, then you are infringing on the Second Amendment, period. Now, this part is critical, because it’s one of the most dangerous anti-gun arguments we see. The lower court said gun owners can just buy these firearms outside of Massachusetts. And the DOJ absolutely torches this logic. They said the Second Amendment is not a second-class right. You do not get to burden a right because people might work around it.
And forcing citizens to leave their state to exercise a constitutional right is not constitutional compliance. Imagine applying this to free speech. You can’t publish that book here, but you can go to a different state and publish it there. That would never apply. And the Department of Justice explicitly says this reasoning violates Bruin and turns the Second Amendment into a privilege instead of a right. And Massachusetts tried another trick. They argued that the right to acquire a firearm is just an ancillary right. And the DOJ shut that down hard. They said you cannot keep or bear arms without acquiring them first.
Courts across the country have already recognized this. No acquisition equals no ownership. No ownership equals no exercise of the right. And the DOJ makes it crystal clear. The Second Amendment necessarily includes the right to acquire arms. This matters because anti-gun states are trying to regulate the Second Amendment out of existence. One step removed at a time. Now let’s talk the facts here because the DOJ brought receipts. One of the firearms affected by Massachusetts’ roster scheme is Glock. Glock handguns. And according to ATF manufacturing data cited in this brief, hundreds of thousands of Glocks are manufactured every year.
They consistently make up seven to nine percent of all pistols produced nationwide. And they are among the most common, widely-owned firearms in America. You cannot seriously argue that Glock handguns are rare, or unusual, or outside common use. And yet Massachusetts bans many of them from commercial sale, Gen 4, 5, and 6. And that alone, the DOJ says, is enough to strike this law down. And this isn’t just about Massachusetts. If the First Circuit follows the DOJ’s reasoning, and it should, this case could undermine handgun roster schemes nationwide, blow holes in safe handgun laws, reinforce that acquisition bans are unconstitutional, and reassert that the Second Amendment is not negotiable.
And this is the federal government admitting we went too far. The Constitution draws a line, and Massachusetts crossed it. Now let me leave you all with this. Gun control doesn’t usually come in the form of outright bans anymore. It comes through rosters, permits, pre-approvals, and bureaucratic choke points. But the goal is always the same. Make exercising your rights so difficult that most people just give up. Today, the DOJ said, no, hell no. Now it’s up to the courts, and to us, to make sure that the answer sticks. If you want real Second Amendment coverage, straight to you, without a filter, without a slant, without a lien, no media spin.
And make sure you’re subscribed to Guns and Gadgets. I put out videos every single day, and some of my best work isn’t being seen by most of you. If you’re not familiar with what the Federalist Papers are, or the Anti-Federalist Papers are, check out the series I’m doing on them, because I want to educate America on the founding documents so that you can understand a little more about what our founders did, why they did it, and how it’s playing true today. So share this video, drop a comment down below, and stay vigilant, because the fight for our rights is far from over.
Guys and gals, God bless each and every single one of you. God bless America as we move towards our 250th anniversary. I love you all. Stay strapped, stay armed, stay free. I’ll see you on the next one. Take care. [tr:trw].
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