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02-11-26 Mark takes a deep dive into VA as THE playbook for things to come

40 min
Feb 12, 20262 months ago
Listen to Episode
Summary

Mark Walters analyzes Virginia's aggressive gun control legislative agenda under Democratic leadership as a blueprint for potential federal policy if Democrats gain control in 2028. He examines 40+ gun-related bills, evaluates their constitutional vulnerability under the Bruen framework, and discusses implications for law-abiding gun owners nationwide.

Insights
  • Virginia's gun control push represents a strategic long-term playbook targeting future gun owners through regulatory burden and financial disincentives, not just immediate restrictions
  • Post-Bruen legal framework significantly weakens assault weapons bans and magazine restrictions on commonly-owned firearms, but safe storage and training requirements have stronger survival odds in courts
  • Constitutional challenges to Virginia's laws will take years and substantial resources to resolve, leaving gun owners in legal limbo despite likely eventual judicial victories
  • Democrats are using regulatory framing (taxes, licensing requirements) rather than outright bans to potentially circumvent Bruen's historical tradition test
  • The 2026 midterm elections are critical—loss of House/Senate could enable similar federal gun control legislation regardless of presidential opposition
Trends
State-level gun control legislation increasingly uses regulatory fees and training requirements as constitutional workarounds to direct bansPost-Bruen court decisions show growing skepticism toward modern bans on commonly-owned firearms, creating circuit splits that may force Supreme Court interventionDemocratic-controlled legislatures are pursuing comprehensive multi-bill gun control packages (40+ bills in Virginia) rather than single measuresSafe storage and vehicle storage mandates are emerging as preferred gun control mechanisms with higher constitutional survival rates than bansExcise taxes on firearms and ammunition are being deployed as demand-reduction tools framed as regulatory fees rather than rights restrictionsConstitutional carry expansion in 30+ states is creating pressure on remaining states to add training/licensing burdens as compromise measuresGhost gun serialization and home-built firearm restrictions are becoming standard in progressive gun control agendas despite low constitutional survival likelihoodCampus carry restrictions and sensitive place designations are being expanded as politically safer alternatives to broader bansMagazine capacity restrictions without grandfathering provisions are being used to criminalize existing lawful ownership, increasing constitutional vulnerabilityFederal court circuit splits on gun regulations are creating urgency for Supreme Court intervention to establish consistent national precedent
Topics
Virginia HB 217 assault weapons ban and magazine restrictionsBruen Supreme Court framework and post-Bruen constitutional analysis of gun lawsSafe storage requirements and criminal penalties for unsafe storageHigh-capacity magazine bans and grandfathering provisionsConcealed carry permit training requirements and reciprocity restrictionsExcise taxes on firearms and ammunition as demand reductionGhost guns and serialization requirements for home-built firearmsCampus carry restrictions and sensitive place designationsVehicle storage requirements and enforcement mechanismsConstitutional carry expansion and its impact on state regulationsFourth Amendment implications of vehicle storage searchesFederal court jurisdiction and circuit splits on gun regulationsDemocratic legislative strategy for comprehensive gun control packagesLong-term regulatory burden strategy targeting future gun ownersSupreme Court intervention timeline and case selection priorities
Companies
National Rifle Association
Primary sponsor and organizational partner for the show; mentioned throughout as defending Second Amendment rights
Patriot Mobile
Sponsor providing mobile communication services; positioned as supporting Second Amendment rights and opposing gun co...
Bud's Gun Shop
Sponsor and partner organization listed among show's business partners
Blackout Coffee
Sponsor and partner organization listed among show's business partners
Citizens Committee for the Right to Keep and Bear Arms (CCRKBA)
Organization mentioned for donations and involvement; offering Ruger Precision Rifle giveaway in April
People
Glenn Youngkin
Virginia Governor referenced in context of Democratic control of state legislature and governor's office
Abigail Spanberger
Virginia Governor-elect who will sign gun control bills; described as leading Democratic gun control agenda
AWR Hawkins
Gun rights analyst and contributor; had conversation with host about safe storage regulations and constitutional issues
Paul Markle
Student of the gun; mentioned as potential future guest for deeper discussion of Canadian shooting incident
Alan Gottlieb
CCRKBA leader; mentioned as panelist at upcoming Attorneys on Retainer convention in Arizona
Ryan Petty
Panelist mentioned for upcoming Attorneys on Retainer convention in Arizona
Jared Yanis
Panelist mentioned for upcoming Attorneys on Retainer convention in Arizona
Justice Kavanaugh
Supreme Court Justice; signaled willingness to take gun rights cases that could be game-changers for Virginia laws
Quotes
"Virginia is the micro. We're talking about the macro here as an example of what they want for you at the federal level."
Mark WaltersMid-show analysis
"The moment I walk in my house and shut my door, wherever I put my gun is safe storage. It's my flipping house. Your government regulation stops at my front door, period."
Mark WaltersSafe storage discussion
"Assault weapons ban, highly vulnerable. Likely not going to pass muster. High capacity magazine bans, extremely vulnerable."
Mark WaltersConstitutional analysis
"If you live in Virginia, you're screwed. And it's going to take forever for this to happen, which is why we need the Supreme Court to act right now."
Mark WaltersClosing analysis
"They're thinking long term. They're not just trying to disarm you today; they're trying to dissuade future gun owners."
Mark WaltersRegulatory strategy discussion
Full Transcript
This is Armed American Radio's Daily Defense. Armed American Radio's Daily Defense, because they don't want me to, that's why I do it. Presented by the National Rifle Association. From the CZ Studios. They're never going to stop us here. Here is your host, the loudest conservative voice in America fighting the enemies of freedom, Mark Walters. All right, guys, we're ready to rock and roll here in the CZ Studios. Mark Walters in front of the Patriot Mobile. Mike, at the Patriot Mobile Communication and Command Center, it's all brought to you by the NRA. Greg in Dallas, Texas, how you doing, my brother? Here we are, it's top of the hill. You got me for an hour, and boy, do we have a lot to cover. I mean, a lot to cover. Now, you and I, we talked a little bit about what we were going to discuss today on the show, but I think it's so vital and so important, guys. We'll go into that in just a moment. First, let me tell you that we are live on Facebook for you, facebook.com slash Armed American Radio. We'll let Greg do his thing, and then we will get cracking because, well, we have a lot to go over with you today. Greg, take it away, my brother. Yeah, sure. Other places to watch the show are going to be YouTube. Just do a search for Armed American Radio with Mark Walters over there. Over at X, we're at AAR Mark. You can also head over to armedamericanradio.org or .com, hit that menu icon, then select your watch live or listen live option. Lastly, if you'd like to join our live chat, just download Telegram, create your profile, and search for Armed American Radio Conversations. Yeah, that'll do it, ladies and gentlemen. Welcome in. So I guess we have, you know, I think this is fake news, Greg. It's got to be fake news. I'm going to put a picture up, if you're watching on your live streams today, ladies and gentlemen, of what the quote-unquote news media is telling us is a Canadian shooter. And I saw the story, of course, like everybody else. I'm not going to spend too much time on this today because I'll go into this more so over the weekend, possibly Friday with Paul Markle, student of the gun. But another transgender 17-year-old Jesse Strang has been identified as the shooter who committed Canada's worst mass murder in so many years. The shooter killed his mom, brother, then massacred nine people at a Canadian school. And I thought this can't be real because doesn't this only just happen in America? Yeah, absolutely. Isn't that what they say? Yep, absolutely. I'm not sure if it's fake news or not. Pretty sure it is. You think so? It very well could be. We're joking, but we're not joking. We're not joking, but we're joking. We're joking, but we're not joking. How dare we? How dare we do that? You know, we got another tranny shooter. Oh, I'm sorry. That word used, that probably offended some people. Let me clutch my pearls. Hold on. Let me take a sip of my sugar-free Red Bull. I'll call it that today. Red Bull. Not Red Bull. Red Bull. How about that? Yeah, I hope it offended somebody. Because if I didn't offend somebody, I'm not doing my job. And I might leave that. Maybe I can't look at that picture. I was going to leave that up during the show today, but it's just too distracting. But I'm not sure if it's fake news. We're told by everybody on the left that this only happens in America. I guess it's real news. AWR is writing about it. I don't know. I guess we'll talk more about that when we get more information. But, yeah, Greg, just one quick question before I go into the meat of today's program. Why has it always been trans shooters lately? Any idea? Let's put this photograph back up. Do you know it could be a mental health issue? Do you think? I don't know. I mean, so maybe mental health issue is a real thing. Let me take another sip of my Red Bull. I don't know. Imagine being born a male and somehow being so confused you think you're a woman. Well, you know, they're giving black Americans $25,000 a pop-up in Illinois. Can I identify as black if I move to Illinois and get my $25,000? I sure would if I could. I mean, isn't it the same thing? Yeah, basically. I can identify as anything I want to. Yeah, transracial. Yeah, sure. It works. Maybe a trans shih tzu? Hold on, let me take another sip of my sugar-free Red Bull. And while you're trans shih tzu, are you going to be chewing ankles as well? Speaking of that, I did read a story on Facebook yesterday, actually this morning, about a woman who lives by herself in an apartment, and forgive me for not remembering what city it was in. I don't even think she said. I guess it really doesn't matter. Let's just say if it was a big city, it's run by Democrats. So what you're about to hear is really not shocking. But she was talking about her little seven-year-old Shih Tzu, male. She lives alone. She came home from work and was loving on her dog. And she was sitting down to watch some TV, and the dog just went crazy. Got up, stood between her and the doorway, started growling. And then somebody started jiggling the door handle, and the dog just started barking like crazy. If you know anything about sheet suits, they can sound a lot bigger than they are on the other side of the door if you don't know what it is. That's the small ones you've got to watch out for. Sometimes it really is. Not mine. The Maytag guy came yesterday. Best friend. Her new friend. Oh, yeah. It's kind of funny. Somebody out there is going, Maytag Repairman. Yeah, I didn't think we needed Maytag Repairman either. I'm old enough to remember when they were just sitting around with their Maytag shirts on on TV commercials because they had nothing to do. Until I buy a Maytag. Then they've got plenty to do. Funny how that works. Let me take a sip of my sugar feet red bull on that one. You know, that might be by design, though, Mark. It's the universe working, right? Yeah. Yeah. Okay. Anyway, my Maytag broke like crazy. But anyway, he fixed it. Not a penny out of my pocket because I got a great warranty. Oh, nice. So it was free. Anyway, she was talking about how then she later heard footsteps running away. So the dog did its job. And I responded on the Facebook post. Okay, what if it wasn't enough? What were you going to do? Nobody's coming to save you. So I have a sign right here in front of this studio. It's right in the window. Property protected by a Shih Tzu, because I have a Shih Tzu, little Huey. She goes, her real name is Riley, really, Rylan. Play on my kids' names, Ryan, Lindsay, Rylan. She's known as Riley. She answers to Riley, Riles, Rile Bugs, Huey, and or Hoo-Hoo. There you go. Certainly not a tough dog by any stretch. Dogs are great with nicknames. Oh, they are. They're wonderful. And they answer to all of them. It's great. So anyway, I got a sign out on the front porch here of the studio that says, property protected by a Shih Tzu, Shih Tzu protected by my guns. And I had a photograph of that, and I put it up on Facebook. And I said, look, if the dog didn't do its job, hopefully you have something to defend yourself and that little angel that just helped you. You owe the dog nothing less than that. And it got tons of likes on Facebook. I was surprised. A lot of people commented on it, so there was a lot of agreement to that. The moral of the story, get a gun, ladies and gentlemen. All right, let's move on. Let me get rid of that face up there. Good heavens, I got to get rid of that. I can't stand looking at that. We're going to go to Virginia, but we're not going to go to Virginia. But we are going to go to Virginia, but we're really not going to go to Virginia. Let me explain. Guys, we have midterms coming up in November. And, Greg, how fast is that going to be upon us? It's going to be very quick. Very quick. And the importance of it, ladies and gentlemen, cannot be overstated. It simply cannot. There is a very real possibility that we could lose the House of Representatives. We meaning conservatives. Not as much likely in the Senate, but still a possibility if you look at what's happened over the last, the special elections with our friendly Womgans down in Texas. As an indication, I think that was an anomaly, but she's running for that seat. I think so. I mean, you had an ice storm. Yeah, we were in the middle of an ice storm. And it was only a special election. Yeah, temporary position. We don't care. We'll show up in November. Yeah, I think that's going to happen. But nonetheless, that individual now has the power of incumbency behind him because that individual won the election. So that makes it a little bit tougher. But I feel pretty confident that Lee will win that. It's faux incumbency, though. It is faux incumbency. But as far as the legalities of it are concerned, it's the money machine and everything else that's not faux. So that makes it a little tougher. But I think I think turnout will be good enough for Lee and that historically red district. Although you've got to go back and wonder. OK, but like we just said, there were some mitigating circumstances. Anyway, aside from all that, the House is in play. The Senate could also be in play. Obviously, Trump is president for the next two years. What happens in 2028 if the Democrats take the House and the Senate in the midterms? This is why we're talking about Virginia, ladies and gentlemen. The playbook has been opened. We see what they're getting ready to do. So what I'm going to try to do today is I'm going to give you a somewhat neutral, as neutral as I can be. summary of what's happening with the gun control in Virginia under Democrat leadership. Now, I can only focus on a few at a time because of the time we have in the show. So I'm going to focus really on about four or five. And I'm also going to give you an analysis of what it means for law-abiding citizens over the next four years. Four years. And how likely these measures are to withstand court challenges post-Bruin. So this is going to be an interesting conversation today with you folks. It's going to be a good one. Well, what have the Democrat lawmakers done so far? All right. They're on a gun control frenzied push. Here's some of what they're pushing or have passed and are advancing. Broad legislative push on gun control or gun regulation is what they like to call it this session because they now in full control of both the legislature and the governor office with Spanberger We have a picture of Spanberger. Let's run her up there. There she is right there. Superimposed against the wicked witch of the West. Let's leave that up. They've introduced, get this, approximately 40 plus gun related bills this session, 40. Now, we told you that was going to happen. And the measures are moving quickly through committees. And in some cases, some have passed the House and Senate on party line votes. The $500 suppressor tax, by the way, did not make it out of committee. When we come back, we're going to continue the conversation and take a very, very deep dive into what's happening. And we're going to look to the future. Because what we're getting ready to talk about today, depending on what happens in the midterms, is exactly what could happen. Across this country. We'll be right back after this. Don't miss this show, guys. The following segment of Armed American Radio is proudly being brought to you by the National Rifle Association. Help us defend freedom by visiting nra.org slash AAR and join today. Welcome back to the show. All right, guys, welcome back. Armed American Radio's Daily Defense continues on a hump day for you. It is garbage day here at the ranch. What we're talking about really is garbage. But nonetheless, here on the Patriot Mobile Mike, this is what we do. And we're going to continue talking about it, talking about Virginia, but not talking about Virginia. We're talking about it. Virginia is the micro. We're talking about the macro here as an example of what they want for you at the federal level. And this is a very, very real conversation, ladies and gentlemen. When we lose the midterms and a Democrat walks in to the White House, which is a possibility, then we have a problem on our hands, folks. And Virginia highlights that problem. So let's take a deeper dive into this. We talked about the broad legislative push because they're in both. They're in control. Assault weapons and magazine restrictions are one of the biggest issues in play right now. And a major priority for the Democrats is House Bill 217 and some of the companion Senate bills aimed at restricting the sale and transfer of so-called assault firearms. Greg, assault firearms. Okay. Which is anything they want it to be. Now, they're not stupid. They understand because they have been the ones that have coined this. This is how they hijack the English language. They've coined this fake term, assault weapons. And they know when people hear it, they envision in their mind, what, an AR-15. Yeah. But they add everything else to the list as long as it has certain features to it. Okay. And part of this, and part and parcel to this, is also limiting high-capacity magazines, what they call high-capacity magazines. Those of us in the biz refer to it as standard-capacity magazines because that's what they are. And several versions of this bill, these bills would ban future sales and transfers, ladies and gentlemen. And in some of the proposals from the Democrats, make possession of magazines holding more than 10 rounds of misdemeanor charge. That's a criminal charge. You don't want a criminal charge on your record at all. And grandfathering is an issue. Also, expanded storage and civil liability rules. This is another big one requiring stricter safe storage requirements, expanding criminal penalties for such for, quote unquote, unsafe storage and new civil liability interfaces for firearm for firearms manufacturers and dealers. And then there's a bunch of additional regulatory proposals, excise taxes on firearms and ammunition sales, for example, expanded carry training and costs, age-related possession, purchase limitations, all this going through committee hearings. They're all designed to tighten the overall regulatory scheme, if you will, or the regulatory regime in the state of Virginia, which is designed to dissuade you from being a gun owner. More in particular, future gun owners, because they are thinking long term. So obviously there's a lot of opposition and controversy. So what does this mean for gun owners? Now, I want you to think about this not just in terms of Virginia, but in terms of the United States of America, if this were moving through the halls of our Congress. How do these policies, if enacted, would shape everyday life for you as a law-abiding gun owner? Now, here are some of the changes in Virginia that are likely to take effect, folks, coming up. And I could only, again, just because of the essence of time, I want to focus on just a few. But the most likely, and then we'll talk about potential challenges. Restrictions on future sales and transfers. This one, I think, when I was doing research for the show today, is extremely important because it's restricting future sales and transfers of certain semi-automatic firearms and high-capacity. Certain, Greg. Certain. The ones they don't like. And what don't they like? They don't like assault firearms. So what are they going to do? Classify everything as an assault firearm. Yep. Glocks, for example, like California. Think about this on the macro level, ladies and gentlemen. Mandatory storage rules with criminal penalties for unsafe storage that leads to unauthorized access. Now, in a conversation I had earlier today with AWR Hawkins, and he is in agreement with me, as you would imagine, and I think you are too, ladies and gentlemen. The moment I walk in my house and shut my door, wherever I put my gun is safe storage. It's my flipping house. I don't care if I set it on the refrigerator, the kitchen table, a coffee table, a drawer, a bar. I don't care. It's my home. That's my job. Your government regulation stops at my front door, period. Mandatory safe storage rules. Give me a break. and would call me a criminal, how are you going to enforce that? Because it won't be long, they'll try. And remember, safe storage in your vehicle is that video that San Diego sheriff posted just two days ago. You know, we're going there. See, Greg is reading my mind. Greg, you want to explain that while I take another sip of my sugar-free red bowl? I guess that means no. Yeah. Silence means no in Greg's world. Also, increased training requirements, ladies and gentlemen, for concealed carry and possible age-based limits in a world, in a world, where constitutional carry is the law of the land in over half the nation. They want to make it more difficult for you in a state that doesn't have constitutional carry to carry. And I will expand on that, even though I didn't write it down, also the places that would be off limits. So here's some of the uncertainty that we don't know yet. how broad a magazine ban would be. How will it apply? And the most important way to break that down is current versus future magazines. Are they going to grandfather anything, not grandfather? What's the final outcome of this going to look like? Will excise taxes survive political pushback or voter referendums, maybe? implementation details for new civil liabilities rules against firearm industry participants that means attacking the firearms industry with a new set of regulations and rules as if the current rules and regulations in the most heavily regulated industry in america are not enough at the state level think about that in terms of well we just got rid of at the federal level virginians paul virginia democrats are thinking just got rid of the 200 tax on suppressors for example and suppressors are selling like crazy right now let's make it 500 in our state now that didn't get out of committee i understand so that's a good thing that's a positive thing there's a reason it didn't get out of committee because it would never pass muster period some of these uncertain areas again you know as we mentioned how broad will the magazine ban supply Okay, will these taxes survive? Future taxes, how will they be implemented? What new civil liabilities will there be? What will this matter? How will this matter to you as a law-abiding citizen, for example, if somehow you're found not to have your gun in your home, locked in your home? Because you lock your front door. Your home's a big safe, isn't it, Greg? Isn't my home a big safe? I would assume so, yes. Okay, how big does a safe have to be? I want you to think about this, ladies and gentlemen. Locking the gun in your own home isn't enough. you have to lock it in another room in another safe locked in your house that's already locked. How far do they go? How far do they want to drill down? How are they going to enforce it? What's the practical impact to you if you have to face these new compliance requirements? Imagine all of this at the federal level. What additional fees will you have to pay? What changes to what firearms will apply? What magazines can be bought or transferred in the future? And you as an owner with existing firearms, could you retain them? Would future transfers or upgrades be restricted? That depends on the final language of the bills. Now, when we come back, what I want to do is I want to take a look at, and I did a lot of research on this today, looking at some previous cases so that we can come up with some educated guesses of how vulnerable Virginia's new slate of gun control laws are in America's courts. And what circuit is Virginia in? And what's the history of that circuit when it comes to looking at some of these bills, these types of cases? We will discuss all of this when we come back. We've got two more segments to go. We'll be right back. Yeah The following segment of Armed American Radio Daily Defense is being brought to you by Patriot Mobile. Visit PatriotMobile.com slash AAR and use the AAR promo code to get free activation today. Welcome back to the show. Yeah, guys, welcome back to the show. Holding in my hands a Patriot Mobile activated phone. You can do the same thing. Speaking of Patriot Mobile, Danielle Buck will be joining us tomorrow on the show because I will be out of town next week on her regular scheduled slot, but she'll be here tomorrow at 3 p.m. Central Time, 4 p.m. Eastern Time, 2 p.m. Pacific Time. You can do math in there. You can figure out where you're at. So Danielle will be here. PatriotMobile.com. Make sure to visit them, patriotmobile.com slash AAR, and take advantage of all the great discounts they offer you over there and the great service. They're adding new services constantly, patriotmobile.com. And when you hear the things we're talking about today, understand this. Patriot Mobile supports our right to bear arms and actively fights this nonsense and this garbage. I also want to let you know that you can visit CCRKBA and get involved right now today. And I'll put that graphic up on the screen next for you if you want to see that. CCRKBA.org slash AAR to win that Ruger Precision Rifle, which will be given away by the Citizens Committee in Bellevue, Washington, in April. Get on that list. One of you is going to win it. CCRKBA. Donations as little as $17.76. That's the one they've got highlighted along with $20, $50, $100. Whatever you can. You don't have to donate, but we would hope that you would and help us as we continue to expand the organization at the committee, of which I'm a member, a long-standing member of the Board of Directors over there at the CCRKBA, to help states groups, your states groups. And when we talk about a place like Virginia and what it means and the implications federally, nationally, it's extremely important that we have your support. So please, visit all of our great partners and visit ccrkba.org. You can also check out Blackout Coffee, Bud's Gun Shop. They're all there for you at armedamericanradio.com or .org. We've got them both covered. Let's go back to Virginia. Let's take a deep dive now in how constitutional challenges could play out in a post-Bruin environment. Now, I'm not touching on all the bills. How bad is that, Greg, that we don't have enough time to go into all the gun control bills in Virginia? That's pretty amazing. Wow. Yeah, let me take a sip of my sugar-free Red Bull. And like a high-capacity magazine, there are quotes, they had all those loaded and ready to go as soon as she took office. They did because they're Democrats. So the Bruin decision in 2022, in very basic layman's terms, established that any firearm regulation must align with the text, history and tradition of the Second Amendment, not merely pass a balancing test. So how does that matter for Virginia's policies? I'm going to lay out some of the ones that I think are extremely vulnerable. And I put it under the high vulnerability category. The assault weapons ban is number one. they're the most likely targets of course for legal challenges and we've seen this play out already since bruin courts have increasingly struck down bans greg as you know on arms quote unquote in common use you know for lawful purposes precisely ladies and gentlemen how most assault rifles and their their high capacity magazines use their term are characterized by the gun rights groups, but not just by us. We characterize it that way because there are more of them in circulation than there are F-150 pickup trucks. Clearly, it's common use. All right. So that's very, very important to understand the in common use. If Virginia's bans for another one, and this is also makes it vulnerable, extended possession rather than just future sales, that raises even stronger constitutional questions under current doctrine. It just does. Possible stronger defenses This is another category. Constitutional. Safe storage laws and training requirements. These, and it's my estimation and I could be wrong, have a better chance of surviving right now. Because courts are likely, and I say courts, we're talking about lower courts, we're talking about Virginia's district, etc. are more likely to view them as historical analogs to, and I'll quote, longstanding regulatory traditions. Now think about that in terms of regulations on who can carry or how weapons are stored, for example. So these laws are going to face maybe not as tough a constitutional challenge as an assault weapons ban case would. Okay. Excise taxes. This is a sticky one. And right now the proposal is 11 percent, an additional 11 percent. It's designed to dissuade you from purchasing a gun because you've got to pay an extra 11 percent. Guys, remember, they're thinking long term. But taxes are less tied directly to the right to keep and bear arms than, for example, an in common use defense. If they're framed as a regulatory fee, think Obamacare, Greg, rather than an outright restriction on your ownership. In other words, we're not saying you can't have this because we're Democrats, even though we don't want you to. But we have the power of the purse and we can tax this. Likely a little bit tougher in the courts to move past that. But assault weapons bans, highly vulnerable in the courts. So let's take a look, for example, at a possible trajectory here. All right. What have the lower courts done over the years since Bruin? We are now heading June will be four years since Bruin, which is hard to believe. High school education has gone by since Bruin. Yeah, that's crazy. I remember I was driving up to do the bourbon trail with my wife when the decision came down. And she said, do I have to? Because I said, I need you to read me the decision. She read me the decision word for word right when it came out as we were driving up the road into Louisville, Kentucky. But what have the lower courts done? All right. Laws resembling Bruin. Or laws resembling Bruin invalidated provisions in New York. Bans without historical analogs, for example, are more likely to be struck down by federal courts. lower courts though have shown what i would refer to as an increased skepticism if you will towards modern bans on commonly owned arms and magazines post bruin and we've seen that in several districts we've got splits there which is why getting one of these cases to the supreme court is paramount for us now we have everything we need and we know kavanaugh has already told us and signaled that one of these cases is coming that could be a game changer for virginia if challenged, which it will be, if it moves or the Supreme Court doesn't act first, which they're likely not going to at this point. So, Virginia, you're screwed until this happens. Virginia would probably see these cases play out in federal court and potentially the U.S. Supreme Court, especially if the state's laws differ from the historical analogs that Bruin lays out for us or if they mirror statutes that Bruin might cast doubt on. In other words, this is why this Fourth Circuit case, ladies and gentlemen, was so fine on why we needed him to take that case in time. And this was before we knew what was going to happen in Virginia's elections. We didn't know. But this is why this all matters. So here's the bottom line on this part anyway as we get ready to close out this segment. The assault weapons ban, highly vulnerable. Likely not going to pass muster. High capacity magazine bans, extremely vulnerable. likely not going to pass constitutional muster. We feel very confident in these cases when they get to the Supreme Court. Mandatory safe storage rules, my estimation, it's a little iffy. It's not quite as vulnerable as an assault weapons ban. I would classify that as moderate. Expanded training permits, moderate vulnerability. Why? You go all the way back to Bruin. Bruins says they weren't questioning the licensing schemes, ladies and gentlemen. So it's highly likely that expanded training and permits might survive. And it's doubtful, in my estimation, with the other big cases that are more necessary. We'd love to see them take all of them, the Supreme Court, but they're only going to be able to take one or two. And we want them to focus in certain areas. Expanded training and permits, likely to be the law of the land in Virginia. Excise taxes, lower vulnerability. It's not, as much as I hate to say this, directly disarming you. It is likely to survive at the federal level, at the federal courts. Can we get this to the Supreme Court? All right, so the bottom line here is Democrats are embarking on what we've already told you. You've known this, on what we would classify as an extremely ambitious gun control agenda. This is the playbook they have laid out for you at the federal level. And these have real consequences, ladies and gentlemen, for you as a law-abiding citizen. but it's going to depend on the final bill language and the implementation of some of the details of these bills as they move and as they pass and as they're signed, because Spanberger's going to sign everyone that goes to her desk in whatever form they come out of committee and whatever form they pass When we come back we continue the conversation Don go away We. This segment is brought to you by Attorneys on Retainer. Get the only self-defense program for gun owners backed by a real law firm. The Attorneys for Freedom. Visit them online at attorneysonretainer.us. Welcome back. Yeah, guys, here's my Attorneys on Retainer card. I am getting ready to travel one week from today to beautiful Arizona, my favorite place on earth, bar none, to moderate a panel on Saturday's edition. Friday and Saturday is the big deal at the Attorneys on Retainer convention at the Mesa Convention Center. I will be there with this card in my wallet, by the way. You should have one, too. attorneysonretainer.us slash AAR. Visit the site, watch the videos, read everything there, learn about it, and then sign up and get an attorney in your pocket and get this card sent to you. Have this in your wallet so you know what to do because you already understand bad things can happen. And when you know that, why would you not have an attorney for $37 a month? That's all you have to pay. I pay $37 a month to keep the Maytag repairman at bay. That's it. They'll replace my washer. Guys, nobody can replace your freedom, which is why you need attorneysonretainer.us attorneysonretainer.us save 25 bucks on the sign up over there and it is 37 dollars a month okay I hope to see you in Arizona next week I'll be out there with Ryan Petty AWR Hawkins Alan Gottlieb yeah we're going to be out there with heavy duty country Dan yeah Jared Yanis is going to be there and many many many others you can visit the site at attorneys on retainer and check it out and sign up over there if you're a member but you got to be a member to attend okay so please please please Join them. Biggest no-brainer we've ever had on the show, quite frankly, ladies and gentlemen. So join them. Attorneysonretainer.us slash AAR. You can find them at all of our great sponsors. All of them are available for you at armedamericanradio.com. All right. Let's move back, Greg, to some of these legal tests, okay? So let me give you – well, let me close out with this. most of these proposals ladies and gentlemen or bills i should say particularly the bans the broad bans on weapons and magazines are going to face not likely they're going to face significant legal scrutiny and likely some judicial rollback under the bruin framework unless they tailor it to somehow align with the historical traditions and analogs, which they will not be able to do. They do not exist, which is why Bruin was written the way it was written. The problem we have is as it works its way through the court system, it's going to take a tremendous amount of time, and it's going to take a tremendous amount of money. So let's go a quick bill-by-bill walkthrough of some of the major gun control proposals that are moving through the 2026 legislative session in the Virginia General Assembly. what each one of these would do. And I want to do a constitutional analysis. Under Bruins' Supreme Court precedent, which has already been set, HB 217, the Senate version's SB, I believe, 749, if I'm not mistaken. If I am, I apologize, and I'll correct it tomorrow. But I believe it's SB 749 is the companion bill to HB 217. That would prohibit the importation, sale, transfer, or in some cases, or some of the versions, possession of many semi-automatic firearms that they define as assault firearms and restrict magazines that hold more than 10 rounds, which the SB, the 749 Senate version, I believe, would make possession of such magazines contraband without grandfathering, which means you're a criminal. And it would also, under some of the language, restrict the possession of assault firearms by persons under 21, because I guess at 18 years old, you're not an adult in the eyes of Democrats. Under Bruin, laws that ban commonly owned arms must be justified by the historical tradition. Must be. That's Supreme Court precedent. Most courts at this point have found there is no clear historical analog, if you will, to use Bruin's terms, for bans on arms that are in common use for such things as lawful self-defense. And that includes your AR style rifles and your magazines, which are quite common. And because these bills target firearms and magazines that millions, millions of law abiding Virginians currently own. And courts have increasingly treated such as protected arms under the Second Amendment for the most part. They face a very high risk, as we said, of being struck down. criminalizing possession, especially, let me say this, I think this is an important caveat, especially without grandfathering, also sharply increases constitutional vulnerability under Bruin. Because, again, they must align under Bruin with the historical tradition. And historical precedent in this country, ladies and gentlemen, for outright bans on commonly used weapons is the only way I could say it is limited at best, and that's pushing it. We win these cases. Now, it's a low survival likelihood, okay? Safe storage in the homes. There is some stronger historical support for that, and this is going to be a fight through the courts and the districts. Locked storage in unattended vehicles is another one I wanted to touch on that we haven't gotten there yet, which requires your gun to be locked in a hard-sided case out of view when in an unattended vehicle. And, guys, they're talking about towing your vehicle and charging you if the gun is visible. Now, Greg, my analysis on that is no different than my house. Yeah, I agree. When I'm traveling, my conveyance is my home. It's my mobile home. I think with this opinion also on the side of the Democrats, I think there would be a lot of pushback on Fourth Amendment issues as well with security in your persons and effects. Correct. And the problem that we have here is this is going to be more of a regulatory thing like a tax. That's the way the state will fight it. A poll tax. Well, you call it whatever you want, but that's likely the way they're going to fight it. So its likelihood under Bruin is not quite as laid out as the assault weapons ban or banning guns and possession of magazines, et cetera, that are in common use. And I hate to use this term. If enforcement is reasonable, there's no such thing as reasonable enforcement of unconstitutional laws as far as I'm concerned. But I'm talking about this in the sense of the way the courts would look at it. In other words, by not criminalizing certain behaviors, okay, who inadvertently leave a gun out. If it's not a criminal charge, it will likely survive, or could, at least in the lower courts. And then who knows how far up the chain it gets. All right, so its survival likelihood, as I said before, is moderate. Concealed handgun reciprocity. Bruin emphasized that carry regulations, whether for open or concealed carry, have to align with historical traditions as well. Restrictions like eliminating, and I quote here, reciprocity with other states often face challenge, but do not necessarily outlaw carry altogether. And this is how they're going to align this. We're not saying you can't do it. We're saying we're going to add additional burdens and regulation to it. So there's a higher likelihood in a liberal court structure that that might survive in the lower courts. So I would put that as moderate. Campus carry, okay, is another issue that we could get into that we hadn't even touched on and restricted locations. Bruin allows, under Bruin, Bruin allows restrictions in quote-unquote sensitive places, schools historically, government buildings. So moderate, that that can hold true. We get into ghost guns, serializing and restricting home-built firearms. Okay? The survivability of that is likely going to be low. But, again, we have to get past the lower courts. So here's the overall assessment. Assault weapons ban, likely not going to survive. High-capacity magazine ban, not likely going to survive. Safe storage could survive. Vehicle storage rules, eh, could survive, depending on how the state argues. Concealed carry reciprocity changes could survive. Campus sensitive place restrictions, depending on how crazy the state goes, could survive. Ghost gun serial restrictions, likely not going to survive. Firearms excise, ammo taxes, that depends on how they couch it as a regulatory move. What does it mean for you? If you live in Virginia, you're screwed. And it's going to take forever for this to happen, which is why we need the Supreme Court to act right now. Now, the reason we talked about this today in context of Virginia, think about what happens if we lose in the midterms and a Democrat walks into the White House. in 2028. This is what we're talking about, ladies and gentlemen, and we cannot overemphasize the importance of what we're watching unfold in Virginia. You'd better be paying attention no matter where you live. Enjoy your day, guys. We're going to get up and do it again tomorrow because they don't want us to. Enjoy your day. Stay safe. See you on the radio tomorrow. You just filled your prescription for freedom with Mark Walters, presented by the National Rifle Association. The National Rifle Association. On the Armed American Radio Network.