USA Carry Podcast

WASHINGTON, D.C. — A newly submitted Senate amendment aims to reverse a key victory for gun owners: the elimination of the $200 tax on National Firearms Act (NFA) items. Senate Amendment 2973, introduced by Sen. Chris Murphy (D-CT), would raise the tax on NFA-regulated firearms such as suppressors, short-barreled rifles, and short-barreled shotguns to $4,709 — even though Congress recently reduced the same tax to $0 in the One, Big, Beautiful Bill (OBBB). How the NFA Tax Was Lowered to $0 The reduction was part of a carefully structured reconciliation effort that unfolded over months. Lawmakers originally intended to include the full Hearing Protection Act (HPA) and SHORT Act in the OBBB, which would have fully removed suppressors and other NFA items from regulation. However, because reconciliation rules limit what types of provisions can be included, particularly under the Senate’s Byrd Rule, much of the original repeal language was excluded. Instead, the House and Senate agreed on a strategy to zero out the NFA tax via a tax-focused provision. This change was upheld by the Senate Parliamentarian and supported by Senate Majority Leader John Thune (R-SD), who declined to override the Parliamentarian’s rulings throughout the process. The bill passed both chambers, and President Donald Trump signed it into law on July 4, 2025. The result: the $200 NFA tax — in place since 1934 — was eliminated for suppressors, short-barreled rifles, short-barreled shotguns, and “any other weapon” as defined in the statute. The New Amendment’s Proposal Sen. Murphy’s amendment, submitted on July 22, 2025, would: Raise the transfer and making tax on NFA items from $0 to $4,709 Impose a $55 tax on actions currently exempt under the code Strike specific tax-related language from Section 4182 of the Internal Revenue Code Take effect 90 days after enactment The amendment is attached to H.R. 3944, the 2026 appropriations bill for military construction and the Department of Veterans Affairs. As of now, it remains tabled and unscheduled for debate. Why It’s Unlikely to Move Forward There are significant barriers preventing Amendment 2973 from gaining traction: It directly conflicts with existing law signed just weeks ago that zeroed out the NFA tax It lacks support from House Republicans, who control the chamber and already approved the OBBB with the tax cut in place It was submitted without co-sponsors or committee support, and is unlikely to pass budget rules governing reconciliation amendments The removal of the NFA tax was a major step toward restoring affordability and access for law-abiding Americans. Though full repeal of the HPA and SHORT Act remains the goal, eliminating the tax itself removes one of the most significant financial barriers to ownership. The introduction of Amendment 2973 — seeking to increase the tax by more than 2,200% over the original amount — highlights just how fragile these wins can be. But based on current legislative dynamics, this amendment is not expected to advance. Still, its introduction underscores the importance of staying engaged in the legislative process and defending recent Second Amendment victories. Read the original story: Sen. Murphy Pushes $4,709 NFA Tax Just Weeks After Congress Voted to End It

Have you ever watched gun fail videos on YouTube and been appalled at the stupidity of some gun owners? One of the most tragic incidents occurred in 2019 when a man whose restored WWII Army jeep was on display at a show left a loaded, Condition 0 1911 in the jeep and allowed children to climb around in it. An 8-year-old found the gun and shot his mother with it, killing her. Fortunately, not all irresponsible incidents are that serious, but there is no need for irresponsible behavior of any kind. Guns and gun ownership are constantly in the public eye and the crosshairs of the anti-2A crowd, and it is our duty as gun owners not only to maximize the safety of ourselves and those around us but to present an accurate picture of what a responsible gun owner looks like to the world. That should not be all that difficult to do, but it can be easy to get in a hurry and forget something important. Here are some reminders of the things we should avoid to neither look like nor be an irresponsible gun owner. Not Taking Safety Seriously This is one of the worst things a gun owner can do. There are far too many tragic stories of people shooting themselves or someone else because they were careless. These people not only cause suffering, they give all legal gun owners a black eye that the media and the anti-2A types will capitalize on shamelessly.  4 Rules of Firearm Safety: Watch What Happens When You Don’t Follow Them Some of the worst offenses are: Not Checking to Ensure the Gun is Unloaded Never assume the gun is unloaded, even if someone tells you it is. Whether you pick it up or it is handed to you, check for yourself. Finger on the Trigger Nothing makes responsible gun owners more nervous than seeing someone else handling, pointing, or loading a gun with their finger on the trigger. Keep your finger off the trigger until you are ready to fire. Anything less brands you as an irresponsible gun owner and a safety hazard. Pointing the Gun at People or Things This is a major rule of gun safety: never point a gun at anything you do not intend to shoot. Even if someone does everything else wrong and has a negligent discharge, if the gun is pointed in a safe direction, the harm will be minimized. Taking Your Gun Out to Show Off/Letting Friends Handle It Casually BBQ guns aside, pulling your gun out to show it off or look cool is not smart. Neither is handing it to a friend to casually check out, especially if they are not experienced with guns. All sorts of things can go wrong, ranging from a nervous bystander seeing it and freaking out to someone getting shot. Keep it in the holster where it belongs until you need it. Not Knowing Your State Gun Laws  Gun laws are ridiculously complicated and many are inconsistent as well. Magazine limits, prohibited locations, and transport laws can all vary considerably. It’s on you to know the state and local laws for where you live or anywhere you travel.  Posting Your Gun on Social Media  I know some people will disagree with me on this one, and that’s fine. You can do your own thing. Posting on gun forums is one thing, but to me, posting photos of your guns on social media platforms like Facebook is asking for trouble, especially if you add comments like “We don’t call 911.” Irresponsible postings can be used against the gun owner community as a whole, and you, in particular, in the event you are involved in a defensive shooting. Using Alcohol or Drugs While Handling a Firearm This one should go without saying, but let’s go back to those gun fails videos. How many of the stupid people in those videos are obviously drunk? It is just as great a sign of poor judgment as driving under the influence and can turn deadly in the blink of an eye. Letting Someone Shoot a Gun You Know They Can’t Handle I don’t know about you, but it makes me angry when I see a video of someone letting a skinny young girl or youngster shoot a shotgun or a .50 AE handgun. It is dangerous, and it gives the shooter a very negative experience. Show some responsibility and ensure anyone you let shoot a gun is ready for it. https://www.youtube.com/watch?v=_B8Q1SbLptI Leaving Your Gun Unsecured/Unattended Only leave a gun unsecured or unattended under very specific circumstances. For example, my wife and I live in a house with no children, so we have guns on our nightstands and a few other places where we both know where they are. But if we lived in a situation where children, or even other adults, were around, we would handle things differently. An unattended gun where someone who shouldn’t have it can reach it is irresponsible and a ticking time bomb. Not Using a Holster Holsters secure your weapon, cover the trigger, and keep it in place. Shoving a gun down your pants like some gangsta’ is taking a chance of losing it or having it go off. The same is true for sticking one in your pocket, or in a purse or backpack. Stories of guns going off in pockets and purses abound. Leaving Your Gun in the Car Leaving a gun in your car is an invitation to arm a criminal. In some places, having a gun stolen from your vehicle will actually get you charged with a crime. If you must leave your gun in your car because you are going somewhere it is illegal to take it, use a car safe or some other method of securing it so that it cannot be stolen. Not Respecting Range Etiquette Most everyone has stories of people they saw at the range who either made them nervous or else made fools of themselves. Every range has rules, and they may differ. Know what they are and follow them. Show respect, be safe, and if there is an RSO, follow their commands. They are trying to ensure everyone has an enjoyable and safe range day. Gun Shops Etiquette: The Dos and Don’ts Carrying a Firearm Without Proper Training  Just owning a gun, or even having a concealed carry permit, does not mean you are an expert. This is especially true for first-time gun owners. Proper training will teach you how to handle your gun safely and effectively. Training can be expensive, so if you cannot afford formal training, try asking for some guidance at a range or gun shop. Most experienced gun owners are more than happy to assist a newbie. Just be sure the person you are talking to knows what they are doing. Not Keeping Records of Your Firearms I understand that some people may not like keeping a record of their guns for reasons of their own, and again, that’s fine. I keep a record of all my guns just in case they are stolen or lost in a fire. It is not in the same place as my guns, and I still have the option of deciding what I disclose to whom. But in the event a gun is stolen somehow, I want to be able to give the police its serial number. Not Using Proper Eye and Ear Protection When I was a kid, no one used ear and eye protection. Fortunately, I never had any incidents that could have damaged my eyes, but I’m sure the tinnitus I developed after the military and my time in Iraq started on the family farm, shooting shotguns at tin cans and rabbits. Using proper protection is good for you, and it sets a good example for others. Summary Guns are both fun and practical tools that can literally save your life. They are powerful and deadly, but they do not do anything all by themselves; they rely on a human being to make them work. You are that human being. Respect them and use them responsibly, and you will not only be safer, but you will set a good example of what a responsible gun owner is. Read the original story: How Not to Look Like an Irresponsible Gun Owner

TRENTON, NJ — A coalition of Second Amendment organizations and individual plaintiffs has filed a federal lawsuit against New Jersey Attorney General Matthew Platkin and State Police Superintendent Patrick Callahan, challenging the state’s complete ban on the possession of firearm suppressors. The plaintiffs argue that the ban violates the Second and Fourteenth Amendments of the U.S. Constitution. Filed in the U.S. District Court for the District of New Jersey, the complaint (Case No. 25-13527) seeks declaratory and injunctive relief to overturn the state’s criminal prohibition on suppressors, also known as silencers. Plaintiffs include the Association of New Jersey Rifle & Pistol Clubs, the Second Amendment Foundation, the National Rifle Association, the American Suppressor Association, and several New Jersey residents, all of whom are legally eligible to own firearms. Under current New Jersey law (N.J.S.A. § 2C:39-3(c)), suppressors are listed as prohibited weapons. Possession of a suppressor is a fourth-degree crime, punishable under state statute. While suppressors are regulated at the federal level under the National Firearms Act, they are lawful to possess in 42 states and registered by millions of Americans. The plaintiffs argue that suppressors are not only in “common use” but are also essential for safe and effective firearm handling. According to the complaint, suppressors reduce hearing damage, mitigate recoil, improve training, enhance self-defense effectiveness, and decrease noise pollution — particularly for shooters training in residential or rural areas. The lawsuit highlights that suppressors do not make gunshots silent, contrary to Hollywood portrayals. “They are loud, but they reduce decibel levels to safer thresholds,” the suit states, referencing data from the CDC and National Hearing Conservation Association that endorse suppressors for hearing protection. Three named plaintiffs — all New Jersey residents — detail how the ban harms their safety and quality of life. One, a retired Marine and firearms instructor with service-related hearing loss, explained that he would use suppressors to protect what remains of his hearing if allowed. Another plaintiff, a veteran paramedic with the FDNY, cited occupational hearing damage as a key reason for seeking to use suppressors. A third owns a federally registered suppressor but is unable to store or use it at his home in New Jersey. The lawsuit also points to recent legal developments, including a 2025 brief filed by the U.S. Department of Justice in another suppressor case (Peterson v. Garland), in which the government acknowledged that a total ban on suppressors would be unconstitutional. Citing New York State Rifle & Pistol Association v. Bruen, the plaintiffs argue that New Jersey cannot justify its ban under the nation’s historical tradition of firearm regulation. Suppressors, they contend, are neither “dangerous” nor “unusual” — the legal threshold for restrictions on arms under Supreme Court precedent. The plaintiffs are represented by attorneys from Hartman & Winnicki, P.C., and Cooper & Kirk, PLLC. They seek a ruling that would declare New Jersey’s suppressor ban unconstitutional and permanently block its enforcement. If successful, the case could set a precedent impacting similar laws in the few remaining states that continue to prohibit suppressor ownership. New Jersey has not yet filed a response to the complaint. The case is Padua et al. v. Platkin et al., No. 25-13527, U.S. District Court for the District of New Jersey. Read the original story: Gun Rights Groups Sue New Jersey Over Silencer Ban: Say It’s Unconstitutional

WASHINGTON, DC — In a bold move to safeguard Second Amendment rights, Congressman Tony Wied (WI-08) introduced the Freedom from Improper Regulation and Enforcement (FIRE) Act on July 17, 2025. The proposed legislation would ban federal, state, and local governments from restricting firearm magazine capacity, effectively eliminating a patchwork of regulations that limit magazine size across different jurisdictions. The FIRE Act prohibits any federal agency from implementing magazine capacity restrictions and blocks state and local governments from enacting or enforcing such laws. The bill has already gained support from several House Republicans, including original cosponsors Reps. Tom Tiffany (WI-07), Mike Collins (GA-10), Dave Taylor (OH-02), Sheri Biggs (SC-03), and Russ Fulcher (ID-01). “For too long, the federal government has infringed on Americans’ Second Amendment rights while maintaining a confusing, inconsistent system that lacks a uniform national standard and invites legal disparity,” Wied stated. “The FIRE Act ensures that law-abiding gun owners can access magazines of any size, no matter where they are in the United States. It’s well past time we take the Founding Fathers’ words ‘shall not be infringed’ seriously.” The bill is a direct response to a wave of state and local laws that restrict so-called “high-capacity” magazines, often defined as those holding more than 10 rounds. These laws vary by jurisdiction and firearm type, creating legal uncertainty for gun owners traveling across state lines. A 2024 report by the National Shooting Sports Foundation (NSSF) revealed that of the 973 million detachable magazines produced between 1990 and 2021, approximately 718 million held more than ten rounds. This data, including production during the 1994–2004 Federal Assault Weapons Ban, underscores that magazines with capacities above ten rounds are the industry standard, not the exception. “The Fire Act protects law-abiding gun owners and keeps state and local governments, as well as future administrations, from infringing on your Second Amendment rights,” said Rep. Tom Tiffany. Rep. Dave Taylor added that the bill “will not only enshrine Americans’ right to self-defense, but it will also remove confusion about permissible magazine capacities.” The legislation has been endorsed by major national gun rights organizations, including the National Rifle Association, Gun Owners of America, the National Shooting Sports Foundation, and the Congressional Sportsmen’s Foundation. NRA-ILA Executive Director John Commerford noted, “Because Americans lawfully own hundreds of millions of magazines that hold over 10 rounds, bans on such magazines violate the Second Amendment.” GOA’s Aidan Johnston emphasized that the bill is a “common sense solution to ensure gun owners are not criminalized for owning a mere firearm accessory.” NSSF Senior Vice President Lawrence Keane stated, “Gun control activists and lawmakers in states who push restrictions on magazine capacity are doing so in direct conflict with the Constitutional rights of law-abiding Americans.” The FIRE Act reinforces that a citizen’s right to self-defense should not be limited by arbitrary magazine capacity restrictions. While the path to passage remains uncertain in the Senate, the FIRE Act adds significant momentum to ongoing legislative efforts to strengthen federal protections for lawful gun ownership. The introduction of the FIRE Act reflects a broader push to restore consistency to firearm laws and prevent legal jeopardy for responsible gun owners who carry what the industry defines as standard-capacity magazines. As support grows, it signals a continued commitment among lawmakers to reaffirm the unambiguous protections of the Second Amendment. Read the original story: Congressman Introduces FIRE Act to End Magazine Capacity Restrictions Nationwide

A potentially precedent-setting gun rights case returned to federal court last month, when a three-judge panel of the Ninth Circuit heard oral arguments in Baird v. Bonta, a challenge to California’s effective ban on openly carrying a loaded firearm in public. I hadn’t been tracking this case until recently, but after diving into the details, it’s clear this isn’t just another legal skirmish—it’s a serious challenge to how California (and potentially other states) regulate open carry. While I don’t personally open carry, I believe it should be legal, and this case could end up shaping how far that right extends under the Second Amendment. Watch Our Quick Breakdown of the Case and Hearing Highlights Here Background Plaintiff Mark Baird originally filed the case in 2019, arguing that California’s law prohibiting the open carry of loaded firearms in public violates the Second Amendment. The state does technically allow for open carry licenses in counties with fewer than 200,000 residents, but the lawsuit contends that these are inaccessible in practice. After Baird filed the lawsuit in April 2019, the case moved slowly. On December 8, 2022, U.S. District Judge Kimberly Mueller denied his motion for a preliminary injunction and dismissed part of the case. Baird appealed shortly after, filing with the Ninth Circuit on January 3, 2023. In April 2024, the Ninth Circuit issued a rare procedural rebuke of Judge Mueller’s handling of the case and agreed to hear the appeal, which was argued before a three-judge panel on June 24, 2025 in Seattle. The June 2025 Hearing The Ninth Circuit hearing was held on June 24, 2025, in Seattle, Washington. While the case originated in California, the Ninth Circuit regularly holds hearings in different cities throughout its jurisdiction, including Seattle. Attorney Amy Bellantoni, representing plaintiff Mark Baird, emphasized that the challenge is both facial and as-applied. A facial challenge argues that a law is unconstitutional on its face, while an as-applied challenge argues that it is unconstitutional in the way it’s applied to a specific person or situation. In this case, the argument is that the law itself is overly broad, and also that the way it’s enforced against Baird violates his rights—even in a rural county where open carry licenses are supposed to be available. Judge Lawrence VanDyke was especially critical of the state’s claim that California’s laws constitute a “licensing regime” rather than a ban. He questioned that framing sharply, saying: “It’s a mischaracterization … it’s like saying ‘you can’t drive a car in the wilderness, but don’t worry — you can apply for a license to ride a camel.’” Later in the hearing, Deputy SG Aaron Pennekamp admitted: “There isn’t any record evidence of any open carry licenses having been issued.” This admission struck at the heart of the plaintiffs’ case—that the law may appear to allow open carry, but functionally acts as a statewide ban. What Happens Next? The court is expected to issue a written opinion by the end of August 2025. If the panel sides with Baird, California could request what’s called an en banc review, where a larger group of Ninth Circuit judges (usually 11) would re-hear the case. This happens when a losing party argues that the panel’s decision conflicts with precedent or raises exceptionally important legal questions. Failing that, the state could petition the U.S. Supreme Court to take up the case. Could This Be a Major Gun Rights Case? This case has the potential to be a major development in Second Amendment litigation—but that’s not guaranteed. If Baird wins and the Supreme Court gets involved, it could set a nationwide precedent for open carry rights. On the other hand, if the panel sides with California and the Supreme Court declines to review the case, its impact could remain limited to states in the Ninth Circuit. Either way, Baird v. Bonta is shaping up to be a pivotal case worth watching. Read the original story: California Sued Over Open Carry Ban in Baird v. Bonta — Ninth Circuit Hearing Could Change Everything