Anthony Constantini On Ukraine Recognizing Civilian Gun Rights as Russia Invades

02/28/22 • 46 min

War continues to rage in Ukraine as Russia attempts to capture cities across the nation despite fierce resistance.

Part of that resistance has been made up of civilian volunteers who've gained new protections for their right to armed defense and been given guns by the military. Anthony Constantini, who received a master's degree in arms control and strategic studies from St. Petersburg State University, joined me on the show to discuss how this strategy of arming civilians represents a departure from traditional European views. And we talk about how it may play out.

Anthony wrote an analysis piece for The Reload on how this shift towards civilian gun rights may impact the entire region's attitudes. The situation strikes at the heart of what many gun-rights advocates have long believed: an armed populace is harder to oppress.

But the reality is the fight will be brutal and could last for a long time. Arming the public, especially when done as an invasion begins, is not a magic silver bullet that guarantees an easy win. There is no reason to envy the position Ukrainians are in right now, but they've given us many reasons to admire them.

Ukraine is unique and better positioned to employ volunteer civilian fighters than many in the west may realize, though. Anthony pointed out the country has been fighting a war with Russian-backed separatists for the past 8 years and volunteers have played a major role. Plus, the government has been actively training those volunteer groups and incorporating them into the military for a good while now.

The situation is moving quickly and there is no way to know how things will turn out. However, it appears the Russian invasion has not met its main goal of capturing the country's major cities and deposing its government. We don't know for sure how much the armed population is bolstering the country's military operations, but everything we've heard from the Ukrainian people thus far indicates they have the kind of resolve that will make it extremely difficult to keep them under Putin's heel.

Special Guest: Anthony Constantini.

War continues to rage in Ukraine as Russia attempts to capture cities across the nation despite fierce resistance.

Special Guest: Anthony Constantini.

Previous Episode

Cam Edwards on How Bad the Sandy Hook Settlement is for the Gun Industry

Insurers for the defunct Remington Outdoor Company paid out a $73 million settlement to families of the Sandy Hook victims. It was the first time any gun company, even a bankrupt and dismantled one, has ever paid money to plaintiffs who claimed they were at least partially responsible for the criminal acts of a third party. It's an unprecedented situation that raises a ton of questions.

That's why I brought on one of the best gun writers out there: Bearing Arms editor Cam Edwards.

Cam and I go through the 6-year timeline of the case and talk about how we got to this settlement. The case was filed in 2015 with three different claims for how Remington was liable for the actions of the shooter. Two of those arguments dealt with how selling the AR-15, the most popular rifle in America, to civilians was unacceptable because the plaintiffs view them as "weapons of war." Those claims were tossed by the Connecticut Supreme Court.

However, the same court allowed the third claim that Remington's advertising violated Connecticut law and contributed to the lethality of the attack to move forward. The United States Supreme Court declined to intervene after that and Remington Outdoor Company filed for bankruptcy a few months later. That put the defunct company's insurers in charge of the case and they moved to settle almost immediately after that.

The nature of the plaintiffs' argument combined with a lack of evidence the shooter or his mother (who actually bought the gun) ever saw the advertising makes it difficult to understand the insurers' decision. I've offered up some explanation for it, but Cam had some additional insights I'd never thought of before.

He noted that the recent payouts to the Parkland and Sutherland Springs shooting victims may have played into the insurers' calculous. Those cases saw totals over the $100 million mark. Plus, a jury could be sympathetic to the victims and try to hold Remington accountable for what happened since it's difficult to find anyone else to hold responsible.

At the same time, Cam said the merits of the case seemed weak and people aren't inclined to blame a company when somebody uses their product to commit a crime.

We also predicted how the settlement might impact the industry as a whole. Cam said insurance rates may go up and the success of the plaintiffs could inspire similar suits. However, he noted these kinds of suits have been going for decades already and the settlement did not set any kind of binding legal precedent.

Plus, Contributing Writer Jake Fogleman and I discuss Beto O'Rourke's latest zig-zag on gun confiscation.

Special Guest: Cam Edwards.

Next Episode

Former NRA Board Member Rocky Marshall on the Group's Legal Struggles

The NRA will not be forced to close down due to the New York Attorney General's corruption suit.

However, the case remains active. So, former NRA board member Rocky Marshall joined the show this week to discuss the internal fight over the corruption allegations against NRA Executive Vice President Wayne LaPierre and other members of leadership.

Marshall is one of the few board members to publicly oppose LaPierre and make efforts to remove him from leadership. Last year, he became the first person to run against LaPierre for Executive Vice President.

He said he is glad the Attorney General won't be able to shutter the organization. He also said he believes the evidence shows LaPierre did divert large sums of NRA money to his own personal expenses. Marshall argued the group has been seriously harmed by that corruption and must be reformed if it hopes to survive.

But the board remains almost entirely behind LaPierre. Marshall lost the election to LaPierre in a landslide, and he wasn't renominated to run for the board again this year. Plus, NRA lawyers have accused him of trying to take over control of the NRA for himself.

Marshall said the board is effectively controlled by a small number of board members who are on many of the most important board committees. He argued that group of LaPierre loyalists controls the board nomination process, which goes through the board's nominating committee, and forces internal critics off their committee positions and the board as a whole.

He said the only hope for the NRA is a member-led reform movement and said that's what he is focusing his efforts on now.

Plus, Contributing Writer Jake Fogleman and I discuss where President Biden's Supreme Court nominee may end up on gun law.

Special Guest: Rocky Marshall.