In addition to everything else going on, we've had two federal appellate court gun rulings that are likely to end up before the Supreme Court in the past two days. This has been an incredibly busy week for gun politics.
First, the 9th Circuit essentially ruled the Second Amendment does not provide any right to carry a gun outside the home. That deepens the circuit split on that question while the Supreme Court is (literally today) considering taking a gun-carry case out of New York.
Then the 6th Circuit rules against the bump stock ban. That creates a new circuit split over the ban's constitutionality. And it's hard to see how that case doesn't also end up at the Supreme Court eventually.
Everyone has been waiting to see when the Supreme Court will take a gun case, especially since Amy Coney Barrett was appointed in October. Now, there are more practical legal reasons than ever for them to take one of these cases. Will they?
Honestly, who knows? The Supreme Court doesn't always do the thing everybody expects them to do. And they haven't taken a gun case over the past 12 years.
"The justices have continually surprised me on Second Amendment cases," @JacobCharlesNC told me Thursday.
HR 8 would outlaw the private transfer of used guns without going through a licensed dealer with a few exceptions. HR 1446 extends how long the FBI can delay an "instant" background check an extra 17 business days. They both passed largely along party lines.
The same proposals passed in 2019 but never got a vote in the Senate. Maybe they will this time around but they face a big hurdle in getting to 60 votes. HR 8's "universal background check" proposal is more likely to pass than HR 1446's "Charleston loophole."
It appears my Tuesday story has caused a stir in the NRA bankruptcy case. Apparently, the NY AG wants to depose board member Philip Journey over his comments to me about how the board was not told about the bankruptcy ahead of time. freebeacon.com/guns/nra-board…
The NRA is trying to block the deposition because it claims the NY AG did not give them enough warning before scheduling it and they believe the AG is trying to get at privileged information from closed board meetings. courtlistener.com/recap/gov.usco…
The AG's office wanted to depose Journey today but it looks like they will have to wait because there's a hearing on the NRA's motion set for Monday. There's a special NRA board meeting about the bankruptcy being held in Dallas this Sunday... freebeacon.com/guns/nra-board…
An NRA board member says the board wasn't told about the bankruptcy plan ahead of time. Says he found out through a text from his daughter on his drive home from work one day. "You could have seen the top of my car blow off with my head," he told me.
The board member's name is Phillip Journey and he's a judge in Kansas. He said NRA lawyers mislead the board and "committed a lie of omission of material facts to the board of directors" which he felt obligated to report to the bankruptcy court. freebeacon.com/guns/nra-board…
Journey told the court of the misleading omissions in his recent filing asking it to appoint an independent examiner to go through the NRA's finances. The NRA board is holding an emergency meeting this Sunday in Dallas to discuss the bankruptcy situation.