In a recent episode of the podcast What A Day, host Jane Coaston and guest Stephen Gutowski, founder of The Reload, examined a complicated and sometimes contradictory picture of Donald Trump’s gun policy. While Trump has painted himself as a Second Amendment defender, his actual record, especially during and after mass shootings, has often raised eyebrows among both gun rights advocates and opponents.
According to Gutowski, Trump’s first term was “rhetorically pro-gun,” but marked by “not a lot” of concrete action. In some cases, like the post-Las Vegas bump stock ban, he even implemented policies later struck down as unconstitutional.
A Supreme Court Ruling That Rejected Mexico’s $10B Gun Lawsuit
The podcast began with a major Supreme Court ruling last week: the Court unanimously rejected a $10 billion lawsuit filed by the Mexican government against American gun manufacturers. Mexico argued that U.S. companies, including Smith & Wesson, were enabling cartel violence by producing and marketing firearms attractive to criminal elements.
As Coaston summarized, the Court’s opinion, penned by Justice Elena Kagan, held that the lawsuit didn’t meet the threshold required under the Protection of Lawful Commerce in Arms Act (PLCAA) of 2005. Gutowski noted that the Court didn’t say such a lawsuit could never succeed – just that this one failed to prove the necessary connection between the manufacturers and the specific criminal acts in Mexico.
What Mexico Got Wrong, According to Gutowski
Gutowski explained that Mexico leaned heavily on the argument that U.S. gun companies “aided and abetted” illegal activity by producing certain types of guns and marketing them in ways allegedly appealing to cartels. They even pointed to models with Mexican cultural symbols as evidence of intentional targeting.
But the Supreme Court found no concrete violations of U.S. firearms laws and ruled that Mexico’s arguments didn’t hold up under the PLCAA. This decision could cool down similar international lawsuits going forward, though Gutowski warned that legal strategies inspired by the Sandy Hook settlement with Remington may still resurface domestically.
The Court Dodges Two Key Second Amendment Cases
While the Mexico case saw a decisive ruling, the Supreme Court took a pass on two other important gun rights cases. One challenged Maryland’s ban on AR-15-style rifles, and the other contested Rhode Island’s limit on magazine capacity.
As Coaston noted, “That’s a big deal.” Many were hoping for a definitive answer on whether so-called assault weapons bans are constitutional. Gutowski said the Court relisted the Maryland case 15 times, meaning it was reconsidered every week for months. Ultimately, it was denied – but not without hints of future action.
Kavanaugh Sends a Message to Gun Rights Advocates
Justice Brett Kavanaugh issued a statement expressing frustration that the Court declined the Maryland case. He wrote that the lower court “was wrong to uphold this ban” and suggested that assault weapons bans may not survive proper Second Amendment scrutiny.
Kavanaugh also hinted that the Court might still take up a similar case within the next “one or two terms.” Gutowski saw this as a signal that the Court is biding its time, possibly waiting for more lower court rulings to develop a clearer picture.
Trump’s ATF Reversals: Pro-2A or Political Posturing?
Back in office, Trump’s DOJ and ATF have reversed several Biden-era gun control policies. Gutowski pointed to the rollback of the zero-tolerance policy for FFLs (federal firearms licensees) and the creation of a new rights restoration process for people barred from owning guns.
One high-profile example: actor Mel Gibson was among the first to have his firearm rights restored after a domestic violence conviction. These policy changes seem to align with Trump’s promises, but they contrast sharply with his first-term ban on bump stocks, which was later ruled unconstitutional.
The Bump Stock Ban Still Haunts His Record
In 2017, after the mass shooting in Las Vegas, Trump directed the ATF to classify bump stocks as machine guns, effectively banning them through administrative action. At the time, even the ATF expressed doubts about its authority to make such a move. As Gutowski reminded listeners, that ban was overturned by the Supreme Court, which ruled it exceeded the agency’s legal powers.
This decision has led many gun rights advocates to question Trump’s instincts on gun control, especially when reacting emotionally to tragic events. “He tends to flirt with restrictive policies in the wake of mass shootings,” Gutowski explained.
What Happens After the Next Tragedy?
Jane Coaston asked a pointed question: What will Trump do after the next mass shooting? Gutowski admitted that’s the real test. So far in his second term, no high-profile mass shooting has occurred. But if one does, history suggests Trump might once again be swayed by public pressure or political optics.
The key difference this time, Gutowski said, is that Trump has placed more ideologically aligned figures in lower administrative positions – people more likely to resist pressure and stick to Second Amendment-friendly policies.
Gun Rights Groups Are Still Wary
Despite some positive moves, Gutowski emphasized that gun rights groups remain cautious. Trump’s relationship with the NRA and other 2A organizations has cooled over time, particularly after his early support for background check expansions and his executive gun control orders.
Even now, as Gutowski pointed out, Trump skipped speaking at the NRA’s annual convention – a move that raised suspicions among activists. “There’s still a trust gap,” he said.
Trump Is a Wild Card
From my point of view, Trump is clearly more Second Amendment-friendly than any Democratic alternative, but consistency isn’t his strength. His reactive nature, especially in the face of tragedy or media pressure, makes him unpredictable. He can sign off on bold pro-gun reforms one day, and then undermine them the next if the political winds change.
That said, the structure of his current administration, especially within the DOJ and ATF, appears better prepared to uphold constitutional protections than during his first term.
Will the Court Finally Take a 2A Case?
As Gutowski noted, there are strong hints that the Supreme Court will eventually take up a case on AR-15 bans or magazine limits. With dissenting justices already writing in frustration and multiple cases moving through the lower courts, it’s only a matter of time.
If Trump remains in office during that decision, his support, or lack thereof, will say a lot about where he truly stands. Until then, as Coaston put it, “both gun control advocates and gun rights supporters are watching him very cautiously.”
More Questions Than Answers
Trump’s second term is only just beginning, and the gun rights community is still holding its breath. While some policy reversals and administrative actions are encouraging, his overall record remains mixed.
As Gutowski concluded, “We’ll see what he does when he’s tested.” For now, Trump remains a Second Amendment enigma – a president who may defend your rights one week and reconsider them the next.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.