Defending Second Amendment Rights and Challenging Federal Overreach

On December 20, 2023, Kim Monson examines threats to constitutional rights on multiple fronts, from ATF regulatory overreach to Colorado’s wolf reintroduction on federal land. Nephi Cole of the National Shooting Sports Foundation breaks down the Biden administration’s expanded firearms dealer definition, while Trent Loos raises critical questions about state authority over federally owned territory. ATF’s Expanded Dealer Definition Threatens Law-Abiding Gun Owners Start listening at 30:25 – Hour 1 Nephi Cole, Director of State Affairs and Government Relations for the National Shooting Sports Foundation, sounds the alarm on the ATF’s proposed redefinition of what constitutes a firearms dealer. The rule would dramatically expand federal authority by making the definition so broad that virtually anyone who sells a firearm could be classified as a dealer requiring federal licensing. Cole explains that unlike the clear statutory definition Congress established in the Gun Control Act, this administrative rule leaves the determination entirely up to enforcement agents. A person selling a single firearm to a friend or family member could potentially face felony charges under the vague new standard. The NSSF has formally commented on the proposal, arguing that executive agencies cannot lawfully expand the scope of laws beyond what Congress intended. The conversation extends to civic engagement, with Cole emphasizing that Second Amendment supporters must build relationships with their legislators before critical votes occur. He notes that during a recent assault weapons ban hearing, Democratic lawmakers remarked the opposition “wasn’t even that hard this time” because fewer citizens showed up to testify. “We have to be willing to reach across and talk to people that we may not agree with. And the effective way to do that is to reach out to those legislators and let them hear from you.” Nephi Cole, Director of State Affairs, National Shooting Sports Foundation Wolf Reintroduction Raises Questions About State vs Federal Authority Start listening at 72:14 – Hour 2 Trent Loos, sixth-generation farmer and rancher, challenges the constitutional basis for Colorado’s wolf reintroduction ballot measure. One-third of the United States is owned by state or federal government, with much of the Rocky Mountain region falling under federal control. Loos argues that Colorado voters lack authority to mandate wildlife policy on land owned by taxpayers from all 50 states. The narrowly passed ballot initiative calls for introducing 10 wolves annually over five years. But Loos contends that if states can dictate policy on federal land, this establishes a precedent for local control that should extend in all directions. If Colorado can tell the federal government what to do with its property, counties could similarly assert authority over state mandates, ultimately returning control to individual landowners. The discussion connects to broader concerns about elk populations, which Loos reports are at their weakest levels in a century. Introducing apex predators into this ecosystem threatens both wildlife management and the livelihoods of ranchers who manage the land quality federal agencies depend upon. Meanwhile, the Monument to Reconciliation at Arlington National Cemetery faces demolition, which Loos ties to a pattern of erasing history to control the future. “How is it that the state of Colorado can have a ballot initiative and narrowly voting to reintroduce wolves to land that is not controlled or owned by the state of Colorado? It’s owned by the federal governmen...