Attorneys General Push Back on Anti-Gun Lawfare, Outline Constitutional Strategy at SHOT Show 2026

Attorneys General Forum held at the 2026 SHOT Show

The Attorneys General Forum was held at the 2026 SHOT Show on January 21, 2026. Eight Attorneys General were present. From left to right, they were: Montana AG Austin Knudsen (wearing cowboy hat); Missouri AG Catherine L. Hanaway; Iowa AG Brenna Bird; West Virginia AG John B. McCuskey;  Kansas AG Kris Kobach; Louisiana AG Liz Murrill; Arkansas AG Tim Griffin; and Florida AG James Uthmeier.

The discussion started with a question about the Protection of Lawful Commerce in Arms Act, the PLCAA.

Montana’s AG, Austin Knudsen, answered: Yes, the Supreme Court had made the PLCAA clear, but lawsuits against firearms companies for criminal actions of others are not about the law; they are about lawfare, using lawsuits to damage the firearms industry by the costs of continual lawsuits. This appeared to be a consensus among the AGs present. The lawsuits are being used as political tools. Those bringing the lawsuits do not expect to win.

There was considerable discussion of the Supreme Court and the cases it has and has not taken. There was general dissatisfaction with the relatively small number of cases the Supreme Court took.  Kansas AG Kris Kobach made the case for the enormous progress that has been made since 2008, compared to the previous 70 years. He suggested that the originalists on the court are being very careful to build a lasting legacy for the Second Amendment.

Several Attorneys General commented that there were possibilities to build cases against anti-gun organizations, bringing these lawsuits on the basis of fraud, false statements in fundraising emails, or conspiracy to defraud based on those false statements. In Montana, for example, the state AG has broad authority over non-profits.

The potential of filing lawsuits against state governments that prohibit citizens of one state from exercising their constitutional rights in other states was considered a possibility.  West Virginia AG John B. McCuskey believes this is an upcoming tool to protect Second Amendment rights.

State lawsuits against other states are supposed to go directly to the Supreme Court instead of through the appellate courts. Use of the dormant commerce clause was mentioned. The commerce clause was originally meant to prevent one state from inhibiting commerce with or through another state.  State laws that inhibit or prohibit the sale of firearms appear to directly violate the commerce clause and the Second Amendment. An example could be state waiting-period laws, which have no historical basis.

The state’s economic power can be used to prevent banks from discriminating against individuals involved in the firearms industry. States can pass laws preventing banks from discriminating. Banks are currently vulnerable to this due to actions by the Trump administration at the federal level.  This tactic has been successful, but could be reversed in a future leftist administration.

Florida AG James Uthmeier told of how he refused to defend Florida laws that he had determined were unconstitutional. He stated his oath to follow the Federal and State Constitutions pre-empted any duty to uphold a state law. The recent example was the nullification of the Florida open carry ban.

Arkansas  AG Tim Griffin described how he had researched to see if there was any historical requirement for an Arkansas AG to defend state laws in court. He did not find any such requirement and then looked for an opportunity to make a test case. He found a law that was clearly unconstitutional, violating the dormant commerce clause. Griffin stated that the AG would not prosecute the unconstitutional law and set a precedent that the AG would neither prosecute nor defend laws that violate the Constitution. The ability of Attorneys General to use their power to uphold Constitutional rights has been dormant for decades. It can be very powerful.  The Attorney General is an elected official. They are not required to rubber-stamp acts of the legislature.

This gives state AGs the power to negotiate with the legislature during debate over the passage of a law. When the AG says he will not enforce a law because it is unconstitutional, legislatures will be willing to make necessary changes in bills before they become laws. The doctrine that Attorneys General must defend unconstitutional laws in court has been pernicious. It lacks a Constitutional basis.

Iowa AG Brenna Bird explained how important the office of AG is in a state. She defeated Democratic Party AG Thomas Miller.  Miller was not a friend of the Second Amendment. AG Brenna Bird is. She finds delight in defending rights protected by the Second Amendment.

Missouri AG Catherine L. Hanaway raised the issue of the referendum used to undermine Constitutional rights.  Referendums can be funded with out-of-state money, which allows deep pockets to undermine constitutional rights. States need to tighten referendum requirements to protect constitutional rights.

Louisiana AG Liz Murrill explained how the cases being brought to the Supreme Court by the opposition are carefully crafted to erode rights protected by the Second Amendment as shown in the Bruen decision. She explained how Second Amendment supporters cannot let down their guard and assume their rights will be protected. Second Amendment supporters have to be vigilant in every case.

There appeared to be a consensus on the need to counter organizations’ ability to bring lawsuits to attack rights protected by the Second Amendment without risk or cost. There are mechanisms to use state resources to protect constitutional rights and to hold accountable those who bring such lawsuits.

Another theme of the forum was the opportunity afforded by the Trump administration. The possibility of rolling back federal constraints and working with the Trump administration showed a 180-degree reversal from the Biden administration.

The eight Attorneys General were impressive in their understanding of the law, the Constitution, and the current threats to rights protected by the Second Amendment. Their ability to articulate the threats and potential remedies was excellent. The open forum gave them enough time to delve into the details of strategy and tactics not easily available in an ordinary press conference.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.


Dean Weingarten

Dean Weingarten

Leave a Reply

Recent Posts

Categories

Trump Supporters: Get Your 2020 'Keep America Great' Shirts Now!

Are you a proud supporter of President Donald Trump?

If so, you’ll want to grab your 2020 re-election shirt now and be the first on your block to show your support for Trump 2020!

These shirts are going fast so click here to check for availability in your area!

-> CHECK AVAILABILITY HERE


More Popular Stuff for Trump Supporters!

MUST SEE: Full Color Trump Presidential Coin (limited!)

Hilarious Pro Trump 'You are Fake News' Tee Shirt!

[Exclusive] Get Your HUGE Trump 2020 Yard or House Flag!

<