35 Burst results for "Second Amendment"
"Court. That was the sound of spontaneous vigil last night in memory of Justice Ruth Bader Ginsburg is word of her death spread Tim and Al Jones. She was appointed to the high court in 1993 by President Bill Clinton. And in recent years, Ruth Bader Ginsburg served as the senior member of the court's liberal wing down on issues such as same sex marriage, voting rights and abortion. This is Something central to a woman's. Life to her dignity. It's a decision that she must make along the way. Ginsberg developed Rock star status for her scathing Descents her famed exercise routine. And her view of the law. Talking to Stephen Colbert about her moniker, the Notorious RBG. Happy's The Notorious B. I G, a famous rapper. Sure Biggie. Every people ask. What do you have in common? Which in notorious B. I G said, we have one thing in common. And that is we were both born and red. In Brooklyn. A Ginsburg was well known for the work she did before taking the bench when she served as an advocate for the American Civil Liberties Union. She became the architect of a legal strategy to bring cases to the courts that would ensure the 14th amendment's guarantee of equal protection applied to gender. Vacancy gives President
Supreme Court Justice Ruth Bader Ginsburg has died
"Just joined US Supreme Court Justice Ruth Vader Ginsburg has died at the age of 87 told the Brooklyn born Ginsberg died of complications from metastatic pancreatic cancer. Look back at her career. Here's Al Jones. She was known for her fiery the sense her staunch defense of liberal issues and her workout video. Associate Justice Ruth Bader Ginsburg developed rock star status. She broke through the glass ceiling at a time when few women attended law school in a documentary on her life. She talked about being a role model for girls. I didn't see myself was kind of a kindergarten teacher in those days. Because the judges Didn't think so. Sex discrimination existed. One of the things I tried to plant in their minds was Think about how you would like the world to be for your daughters and granddaughters. President Clinton nominated Ginsberg to the Supreme Court. The Senate confirmed her nomination 96 23. She attended Harvard and Columbia Law but admits it wasn't easy. Not a law firm in the entire city of New York big for my employment as a lawyer. When I Aaron my degree, Ginsburg was an A C L u litigator who won five important cases that shored up the 14th amendment. A guarantee of equal protection applied. The gender of the vacancy gives President Trump the opportunity to further solidify the conservative majority on the court. But at least one Republican senator, Alaska's Lisa Murkowski, has already tweeted. She will not vote to confirm any nominee until after the inauguration. Supreme Court Justice Ruth Bader Ginsburg dead at the age of 87 Al Jones. 10 10 wins news
US bans WeChat, TikTok from app stores, threatens shutdowns
"I A wrap up of the big economic stories of the week and let's just dive on in. Shall we on his Watson is with the New York Times Catherine Reimpell is at the Washington Post to. Hey There So. Let's actually start you heard at the top of this conversation about TIKTOK. And we chat what do we think are the potential ripple effects culturally economically and otherwise of something like this I'll start with that. I'm GonNa Picture Yeah of course of course I've been writing about this today. So this is the unprecedented ban on some really popular services in. So I think the potential ripple effects are really interesting. Know first of all these APPs will the government isn't going to go out police, people and make them delete the apps from their phones but these APPs will start to degrade for users here in the United States functionality will get weaker and you know so that will affect people of people's us There's questions about whether there will be Chinese retaliation at China already blocks of American services like twitter and facebook. But there are other things that the Chinese government could do to penalize American companies I think it raises questions that whether we'll see more bands like this on other Chinese companies, Alibaba. For example, and then Wesley just taking a big picture view we seem to be headed toward a situation in which what we think of as the global Internet is breaking down into a lot of different Internet's with different roles for the US for China for Europe and for a long time, we thought about the internet breath down borders, connecting people around the world. But actually now, it kind of seems to be fracturing both do the nationalism and security fears. Catherine I think that's you know. Moving on from just these two APPs in this conversation, this is this is a big precedent to set in some ways. It's the US government taking a stance very similar to the Chinese government, right? Saying these are the kinds of businesses that will be allowed to operate here. How does that send me look for the Global Economy Yeah Well there are a number of complications that could arise from this right I mean you have First Amendment legal challenges already arising here within the United States you have the risk of businesses not being able to conduct their normal operations, wherever they are, and so their businesses already complained obviously about having to deal with different regulatory regimes Once they cross borders even if they are a company that digital. Company. For example, that does not operate strictly within the fiscal borders of any one country this is this is going to complicate their lives much more. And you could imagine that is on points out there could be further retaliation that just adds even more uncertainty for businesses as they're trying to. figure out how to operate within China within the United States stay on the right side of the law avoid offending. Any minder as it might turn him. I mean that said on a are these concerns real even if the data collection part is overblown it, there's no question that we chat and take talk in some ways. Can represent the viewpoint. Of the Chinese. Government. Right. Yeah I think when it comes to data collection you know cybersecurity experts, kind of debating how much of a risk there is i. mean. It certainly does could give the Chinese government access to some data and Chinese laws require that you know Chinese individuals Chinese companies submit that data to the Chinese government if asked. So part of the issue is a Chinese laws on that subject but there a lot of mobile services that collect a lot of data you know about Americans. That we haven't maybe thought about systematically the other argue the other argument here though is about the Chinese. Government's ability to censor put out propaganda and I think when you look at, we had it is clear that it is a conduit for for censorship in for propaganda it's also vitally important a communication system for the global Chinese diaspora but the Chinese government definitely has a say in shaping what reality like on that platform.
US banning use of WeChat, TikTok for national security
"All right. I'm sorry I didn't mean to be flip it but here's an example of what you're talking about Shannon. Possibly earlier than I expected the US Commerce Department announced the details of what qualifies for band transactions under the two executive orders affecting we chat and Tiktok I thought we wouldn't get until Sunday, but we got them today both we chat and Tiktok APPS will not be legal to distribute in the United States as of September twentieth. So APP stores will need to remove them just like apple decided to remove fortnight, they'll have to remove tiktok and we chat as we'll google play or. Any other APP store. Now, these executive orders can be rescinded if the Oracle deal is acceptable to the administration, keep an eye out. This isn't the final word but if condition stay as they are now that has to happen as of Sunday additionally on September twentieth taking payments through the we chat APP will be illegal. So stores in the US can't accept we chat that is often done for Chinese tourists to make it easier for them to pay. So that will not be allowed. For we chat in particular on September twentieth the US is forbidding the following any US company hosting any part of the we chat APP, a cdn service providing service to we chat any contracted transit or peering services doesn't mean that they can't transit the service but any agreement that says we'll give you peering as long as you give us peering back right or we'll. We'll give transit service if you pay us this much US companies can't. Do that anymore and any use of we check code in other APPS or services in the US. Lot Of folks think this is a first amendment violation because code is considered speech under a lot of precedents. But the idea here is stop clones to say, well, you can't just go take the we check code, put it in a different APP called something else under a different company. So you can't use the we check code in other services. This one's tricky. A dozen seemed mean we chat has to be actively blocked from the Internet. They're not asking ISP's block the we chat service they're slow down it means cdn's and transit providers can't work with ten cents on the we chat service, which would greatly reduce its reliability and availability possibly to make it almost useless. Those same prohibitions will not apply to tick Tock until November twelfth. So basically Oracle's got until November twelfth to get the deal done or tick tock becomes unusable as well. In summary As of September twentieth you won't be able to down the we chat download. We had dot from APPs stores in the US but if you have them already, you can keep them. They won't get security updates though. And we chat won't work very well but tick tock will still work as normal if you've got it until November twelfth. A couple other notes here, US Magistrate Judge Laura Bieler ruled Friday that she would not issue a preliminary injunction against this we chat order she previously had said she might be willing to because the original executive order issued in. August was a little vague but said, Friday hey. Now we have the details not vegas anymore. So. She says, this complaint is now moot. Further filings from the we at user alliance are expected to argue that it's not moot. We'll see if those come. Also instagram head at a Maseri tweeted that quote a US Tock Band would be quite bad for Instagram facebook and the Internet more broadly and in response Tiktok interim CEO Vanessa Pappas the head of tiktok in Santa Monica. Asked facebook and instagram quote publicly join our challenge and support our litigation in other words like fine. If you believe that we need your help. Of course, the president as of this recording has not yet issued his decision on the proposed deal for Oracle. It's expected at any moment oracle wants to become a trusted tech partner and minority owner in new us-based tech. Company. Owned by Bite Dance. The. Saga continues I imagine we might. Have this all solved by Monday but of course, then it's onto the next thing. How your feeling about this. Well Shannon I don't know about you but I am I was laid to the TIKTOK game but an enthusiastic TIKTOK USER I don't make stuff but I I watch other things and I really liked the APP and I'm not alone it's a very, very popular up and I can't really think of I've thought of I was trying to think of has this ever happened before some some time where there was something that I liked technology wise. That was then you kind of taken from me based on where I live a lot of other countries and regions in the world are very used to this I can't think of one I really can't. I can think of APPs or services that were available somewhere else and then they came to the US. Eventually, we're never did but not something that was sort of taken away. So I just wondered what the Creator Backlash all this is going to be like. There's a big creator backlash I. I'm sure that it's going to happen quite soon to like there's a lot of people that have that are creators on. TIKTOK. That had not diversified and just thinking of it from that Creator side there's a lot of people that are going to lose income just specifically with tiktok but also with we chat because we chat has always been. So internationally friendly where people can use it across borders. So there's a lot of like developers. There's a lot of companies that use we chat for business. So this is not only going to be hurting TIKTOK and we chat but. It's also going to be hurting the people that use it as well for their own businesses and I. Don't know if if this was considered when they decided to put in put this ban in place, and that's very very concerning not just because you know that that freedom of the Internet as I was mentioning earlier with the previous story but also from the whole income aspect of like at all times in in twenty twenty when we have a pandemic and they're going to remove the these applications because they're based in a different country and we're going to be losing the opportunities to conduct business because of that. Keep in mind folks when you're forming your opinion about this and I'm not telling you what opinion to have when I say this that. It is not against the rules for the United States to ban an APP we ban all kinds. Of APPS. There are APPs that we all agree should be gone child pornography fraud. Those kinds of APPS. What's at issue here is the administration is saying these two APPS are just as dangerous to our national security and to more personal data as a fraud APP and therefore yes, it's going to have fallout, but it's because they're dangerous apps like they pretend to give you something good but they're really. Supporting an enemy and we can't allow that seem that. That is the argument that is being made. And we can stay the same argument about a lot of social media platforms. I mean we we have American platforms that do dangerous things, but they are not under the supervision of the Chinese government. So there is a difference. It's a definitive difference and you can decide yes you want to think about it. I'm glad you added that comment that there needs to be a definitive difference. There needs to be proof and evidence. real quickly before we wrap this up yesterday, we reported that the Oracle deals term sheet would create a company called Tick Tock global based in the US with its own board of directors. We got a few more details on that term sheet axios llosa's INA freed has more detail saying the term sheet describes three boards. A board approved by the US government would oversee TIKTOK US and include a security director and an independent data security expert. With national security credentials, which is pretty much the description of a former CIA or NSA officials. So the US government would put a board to oversee the operations of tiktok in the US while Oracle would operate it. A security subcommittee of that board would be composed of US citizens with veto power over Tick Tock Global Security data privacy decisions in the US, and then there would be a board of directors independent of Bite dance over tiktok global. So Little more detail there for you to consider.
Trump downplays legacy of slavery and embraces white supremacy
"Donald Trump intensified efforts to appeal to his core base of white voters on Thursday by downplaying the historical legacy of slavery in the United States and blasting efforts to address his stomach racism as divisive. The president's comments marking the two hundred and thirty third anniversary of the signing of the constitution amounted to a defense of white culture and denunciation of Democrats the media and others who he accused of trying to indoctrinate school children and shame their parents whiteness. He also argued that America's founding set in motion the unstoppable chain of events that abolished Slavery Secured Civil Rights defeated Communism and fascism and builds the most fair equal and prosperous nation in human history. But he did not mention the two, hundred, forty, six years of slavery. In America including the eight thousand nine years it was allowed to continue after the colonies declared independence from England nor did the president acknowledged the ongoing fight against racial injustice and police brutality which has prompted months of protests. This year trump has long fanned the nation's culture wars including defending the display of the confederate battle flag and monuments of civil war rebels from protest is seeking their removal. He speech on Thursday suggested his rhetoric could become even more nationalistic. In the final weeks before the election given that he's off to a second term relies largely on energizing culturally conservative white voters trump already cracked down on anti racism training sessions in federal agencies he said on Thursday, he will soon sign an order to establish a commission to promote patriotic education dubbed the seventeen seventy, six commission. The panel he said we'll be tossed with encouraging educators to teach students about the miracle of American history and plan for the Commemoration of the two hundred fiftieth anniversary of the signing of the Declaration of independence. The move is a response to the New, York Times Sixteen nineteen projects, which highlights the long term consequences of slavery and the contributions of Black Americans Nicole? Hannah. Jones won a Pulitzer Prize for a piece in the magazine in response to trump's remarks Hannah Jones said the First Amendment to the constitution opposed government attempts to censor speech and guarantees free press the efforts by the president of the United States to use his palace to censor. Of American journalism by dictating what schools can and cannot teach what American children should and should not learn should be deeply alarming to all Americans who value free speech she said.
Muslim woman files federal lawsuit over Los Angeles PD officers removing her hijab
"A federal lawsuit has been found by a Muslim woman who claims LAPD officers violated her religious rites by removing her head scarf without permission during a search outside and L. A Police commission meeting last year, a woman knew Sybil Mubarak hadn't even spoken during a public hearing of the police commission. When a number of people apparently violate the commission rules. She, along with several others were escorted out. Warrick said She was taken into a separate room and was searched by a female officer with a male officer watching and during that search, he said, the head scarf, she warned adherence to her beliefs was removed. The officer had no regard for my religious rights, and she dismissively said. Oh, just wait a minute. The officers then forced me to wait for several minutes while I was exposed and humiliated. The council on Islamic American Relations Legal section called the incident blatantly discriminatory, and said the lawsuit is in response to a violation of 1st and 4th amendment rights. LAPD officials say they haven't seen the grounds laid out on the suit, and they do not comment on pending litigation.
Some Civilian Oversight Commission Members Call On Los Angeles County Sheriff Villanueva To Resign
"Divide between L. A county Sheriff Alex Villanueva and the civilian oversight Commission may not be able to be repaired after two members called for his resignation today. Meanwhile, Meanwhile, the the sheriff sheriff may may face face a a lawsuit lawsuit from from the the county county alleging alleging his his deputies deputies violated violated the the First First Amendment Amendment rights rights of of an an L. L. A A news news reporter. reporter. Oversight Oversight commissioners commissioners did did vote vote unanimously unanimously for for L. A County Council to review what laws govern Sheriff's deputies and the media and protesters in public areas requesting county Council come back. Within 30 days with what is constitutional that the sheriff can do. L. A county's inspector general, also investigating the department for the arrest of a local radio reporter Saturday night covering a protest. The sheriff has said that she was not properly credentialed that she interfered with a deputy making an arrest in 1 48, obstructing a peace officer specifically provide the recording video of a peace officer is not obstruction. Inspector General Max Huntsman says he's made requests for information of the County sheriff, but that the department is not cooperating. Craig figure Can X 10 70 NewsRadio, A
Conviction politics: Floridas disenfranchised felons
"Joe Biden took to the campaign trail in Florida, this week. As a rally for Hispanic voters Mr. Biden emphasized seemed like a eight point. Getting people out to vote. So please. This election. Make your vote her. Through your vote, your voices her. Make a plan to vote has been pointed out. Make your plan to help your community for. But the very act of voting in this year's election has become contentious. President trump has been railing against mailing voting is having little evidence of fraud this whole ballot system where you can send it in. and. It's not even requested. We're not talking about it solicited. They're unsolicited ballots and they're sent in is very dangerous or our country and in Florida a fight over voting rights for former felons could see hundreds of thousands of people disenfranchised. So. In Two thousand eighteen voters in Florida approved a constitutional amendment allowing felons who had served their time except for murderers at certain sex related offenders to vote in elections. After that amendment passed Florida's Republican legislature passed a law saying, that's fine. They can vote but they have to pay back all the fines, fees and restitution costs of their incarceration. John Facile is economists. Washington correspondent. So that's the sort of thing that sounds quite reasonable. Right if you stole one hundred bucks from someone, you gotta pay back what you stole before you can vote but Florida's criminal justice system is unusually reliant on fines and fees from offenders. So you have people who had been convicted of felonies poor people who had to pay fifty dollars to get a public defender or one hundred bucks for some sort of fee to file a complaint. then. You also had fines levied on them that were quite heavy. So I spoke to one woman who was convicted of her part in a fraud scheme that she says was unwitting, but she was ordered to pay back fifty, nine, million dollars and no. One's ever going to be able to do that. I spent time with another young man who was convicted of a felony while he was basically just out of school and it turns out that when he went to registered to vote, he owed four thousand dollars to the county where he was arrested nobody had ever told him. That and other courts allowing this law to stand the courts have let it stand on Friday the last court in Florida weighed in and they've let the stand the court said the fines and fees were part of the criminal sentence. So they couldn't be said to a fully completed their full sentence until they had paid off everything they were told to pay off. So it looks as though almost eight hundred thousand people who thought they would be able to vote may not be able to vote and so is the supreme court likely to weigh in at this point now again? It's probably not going to go to the supreme. Court again, they declined to hear it in July, before that last appeal they declined over the strong objections of Justice Sotomayor who accused her colleagues of continuing trend of condoning disenfranchisement that's in Florida is this happening else? Well, the rules regarding where and how felons can vote changed dramatically from state to state you have some states like for mountain main where people can vote while in. Prison and you have some states like Florida used to be where if you've been convicted of a felony anytime, you never have the right to vote. So it's a Patchwork of laws regarding felony and franchise, but the trend has been over the past decade or so to loosen restrictions rather than strengthen them. But as we've seen in Florida sometimes that involves bats lighting sometimes the loosening isn't as loosened practice as it appears it should be. Felons aside, how easy or hard is it in general for people who exercise their right to vote in America? It's harder than I think it should be it's harder than most people think it should be it used to be the case that the Voting Rights Act which was passed in nineteen sixty five required jurisdictions with a history of voter discrimination. To submit any changes to how they conduct elections to the Justice Department in two, thousand, thirteen, the supreme court basically gutted it. The Voting Rights Act they said that requirements should no longer apply since then around seventeen hundred polling places have closed and previously covered jurisdictions, the largest numbers were in Texas Arizona and and most of those places are in heavily minority district. There's also the problem of long lines often what I found that I was recovering Super Tuesday in Texas before everything shutdown is that in suburban precincts. White it was much easier to vote than in inner city precincts, which were which were heavily African American of the Tino. In two, thousand, sixteen around half a million voters failed to cast ballots at their polling places because of problems at those polling locations. So I think people tend to think of voter suppression as as physically keeping people away from the polls that really doesn't happen. What does happen is that the exercise the franchise is likely to be much more onerous if you're a non white than if you're white, are we seeing any of those problems this round this time round for the election that's coming up. Yeah. We saw them in full force in Wisconsin in their primary earlier this spring in April. Shortage of poll workers as much of America does as result, they're only five precincts total in the city of Milwaukee, which is the state's biggest city in which had one hundred, eighty precincts in two, thousand sixteen. There are a lot of places that are really concerned about having enough poll workers to have all the polling place that should be open poll workers tend to be retirees, which puts them at high risk of Covid, and so a lot of them understandably don't WanNa come out and and sit in the crowded place for long hours. But there's a fear that this shortage of poll workers is GONNA lead to a lot fewer polling places in there should be. Perhaps. It's a naive question but why would anyone want to make harder for people to vote? So there are those who say that because Republicans are so dependent on older white voters who tend to be the most reliable voters that is in their interest to make it harder for non white and young voters to vote. Donald Trump. When he was talking about expanding postal voting essentially gave the game away. He said they had things levels of voting that if you ever agree to it, you'd never have a republican elected in this country again. So it seems as though Republicans rather than trying to appeal to as many voters as possible regardless of race color creed or. Are really trying to tailor the electric to best suit themselves. What about voting by mail something that would seem obvious into pandemic but that's been hugely divisive. This round hasn't it. Yeah Donald Trump has been inveighing against it, which is odd because there's a ton of research that shows that voting by mail tends to improve turnout but not for any particular political party more recently, he has been encouraging his supporters to vote by mail I. Think he has got nervous that if Democrats vote by mail and huge numbers and Republicans don't vote by mail at all then this may lead to an imbalance in the results that doesn't favor him. There have been polls that have showed that as many as fifty percent of Democrats, more plan to vote by mail whereas only one in five Republicans do you can imagine it sort of pandemic situation in red states where Republicans don't want to go to the polls but think that voting by mail is corrupt is now trying to walk back some of the damage you may have caused. How do all these trends impact the election this year? Do you think John? I think that between the president inveighing against the election warning that it's going to be rigged concerns about foreign interference. There is an alarming number of Americans people on both sides of the aisle who thinks that this year's election won't be free and fair I. Think there are concerns that people may be less likely to vote and that once they vote, they'll be less likely. To accept the results of the elections that is going to lead people to lose faith in democracy itself for those who do want get the vote out what are they doing about it? Well, people can check their registration status early, they could make sure that their friends and neighbors are all registered. I think there's a lot of worry among Democrats because traditional touch points that. They use to register voters you know the DMV or college voter registration drives those aren't happening now because of the pandemic and there are fears that young people are not registering at the numbers they should be. But for Florida's felons, there have been organizations that are working to pay off fines and fees almost four million dollars have been raised so far. Bloomberg who had been. Running for president said, he will spend one hundred million dollars of his own money to help Joe Biden win in. Florida. I think there's there's a hope that some of that will go to paying off fines and fees, but unfortunately, it looks like whatever happens not everyone who thought that they would be eligible to vote will, in fact, be eligible to vote this fall in Florida.
Boris Johnson faces Brexit revolt in parliament.
"I'm Anthony Davis. The European Union on Monday ramped up pressure on UK Prime Minister Boris Johnson to step back from breaking the brexit divorce treaty. Delaying a key decision on London's euro clearing justice. He faces a rebellion in the British parliament. The European Union says Johnson's plan would wreck trade talks and propelled the United Kingdom toward a messy brexit while former British leaders have warned that breaking the law is a step too far that will tarnish the country's image. The House of Commons will vote on moving the internal market bill which the EU has demanded London scrap by the end of the month two, its next amendment stage after a debate that Johnson will introduce. As Johnson prepared to try to persuade lawmakers that he's planned to explicitly break international law was worth supporting a derivatives industry source said the European Commission had delayed a decision on euro clearing. Johnson who has a majority of eighty in the lower house of parliament faces a growing revolt. All of Britain's living former prime ministers have expressed concern about his plan as have many senior figures in his Conservative Party. The leader of the opposition Labor party kissed Obama who is self isolating due to the corona virus said, he would oppose a bill that broke international law. Johnson's plan to explicitly break INS National Law has plunged brexit back into crisis less than four months before Britain is finally due to
NRA Issues F Rating To Bugs Bunny For Tying Up Guns Into Pretzel Shape
"In the wake of new. York. Attorney, General, Latisha James's lawsuit against their organization. The powerful National Rifle Association is clapping back. I. Think I'm using that right? Anyway. The Guns Rights Organization today issued an F rating to bugs bunny for tying up guns into Pretzel Shapes. For more I'm joined by OPR senior alcohol tobacco firearms and explosive correspondent Marcy Hammond mercy. What was the NRA's thinking here while the NRA reserved. The F. rating figures at deems is particularly harmful to the rights of gun owners and leadership believes that bugs his long history of firearm destruction qualifies him. Here's how NRA deputy spokesperson Rhonda mcdaniel. Explain their decision time and time. Again, we have seen this radical agitators seeking to curtail the Second Amendment Rights of Elmer Fudd and Yosemite Sam by twisting their lawfully purchased firearms into a big bowl and the NRA has had enough. Now let's be clear. Bugs is a beloved cultural figure with relatively little political sway is it really in line with Americans interest for a gun lobby to be targeting him round the NRA certainly thinks. So while the organization has been weakened over the years due to lawsuits and falling public opinion they signal, they'll be devoting considerable resources to getting what they call a no. Good Rascal Rabbit here's mcdaniel. Again, if these sort of left distant imitation tactics prevail, we're looking at a future where government agents can just come to your home while you're sleeping and bend your gun into a youth shape or jammed the barrels with carrots coastal elites like bugs bunny may be okay with that outcome, but real Americans will never stand for it mercy. Some have accused the gun right's organization of not caring about tune rights they pushed for decades to deregulate bazookas. Dynamite sticks coming from the ACME company. That's true. But the NRA would point you to their a rating for Marvin, the Martian. For providing what they call a sterling example of responsible gun ownership. Sure. But do they have any other tactics to push back against what they see boxes anti-gun stance while the F. reading a tactic in and of itself of course. But beyond that NRA leadership announced, they'll be launching a public pressure campaign encouraging members to email and tweet bugs bunny to tell him actions are harming the American way of life. They're also lobbying Congress to remove him from television claiming that he's been brainwashing our nation's children with anti-gun propaganda, and if those tactics are unsuccessful, they have plans to draw big angle on his head. To, imagine that this separating didn't sit very well with everyone. That's certainly true. Leslie several gun control groups have spoken out against the move with MOMS demand action launching a new ancient stinker ad campaign targeting the NRA. Responded not personally, but a spokesperson reached out to tell reporters quote meet me. Okay. Then Marcie please keep us updated. That's OPR's Marcy
NRA Gives F Rating To Bugs Bunny For Tying Guns Into Pretzel Shape
"In the wake of new. York. Attorney, General, Latisha James's lawsuit against their organization. The powerful National Rifle Association is clapping back. I. Think I'm using that right? Anyway. The Guns Rights Organization today issued an F rating to bugs bunny for tying up guns into Pretzel Shapes. For more I'm joined by OPR senior alcohol tobacco firearms and explosive correspondent Marcy Hammond mercy. What was the NRA's thinking here while the NRA reserved. The F. rating figures at deems is particularly harmful to the rights of gun owners and leadership believes that bugs his long history of firearm destruction qualifies him. Here's how NRA deputy spokesperson Rhonda mcdaniel. Explain their decision time and time. Again, we have seen this radical agitators seeking to curtail the Second Amendment Rights of Elmer Fudd and Yosemite Sam by twisting their lawfully purchased firearms into a big bowl and the NRA has had enough.
Philadelphia - Gov. Tom Wolf's pandemic restrictions are unconstitutional, Pennsylvania judge rules
"Judge has ruled that some of governor wolves orders to fight the spread of covert 19 are unconstitutional. Cable. I w. Suburban Bureau chief Jim Mel work reports the rulings in response to a suit brought by four Western counties who argue Governor Wolf's limit on the size of gatherings violates the First Amendment enforcing non essential businesses too close violates the 14th amendment. Judge Williams Stick man appointed to the federal bench last year by President Trump says while the measures were put in place with good intentions, good intentions aren't enough writing the liberties protected by the Constitution. Are not fair weather freedoms in place when times are good, but able to be cast aside in times of trouble, Judge Stick man writes. The restrictions were initially designed to flatten the curve and protect the health care system. But since then they've become open ended and ongoing the governor's offices they plan to appeal and to request to stay. They say This decision does not affect the July order that puts limitations on bars and restaurants. Nor does it change the mandatory mask order. They say it specifically applies to the business closure and stay at home orders for March at the
New Jersey Voters Weigh Putting Pot Legalization In Constitution
"New Jersey could become the 12 state in addition to the District of Columbia to legalize recreational marijuana. That's if voters say yes to the Constitutional amendment Ballots are about to go out to all registered voters in New Jersey's first ever mostly vote by mail election now, in addition to voting for president, U. S Senate and House I'll also decide whether to amend the state constitution to permit those 21 older to use marijuana. The amendment also allows for the state to set up a regulated market for the
San Francisco considers changing local voting age to 16
"The military at the age of 16. But in San Francisco 16 year olds might soon be able to vote in local elections. The city will have a measure on the ballot this November that would lower the voting age to 16 for municipal elections. A similar measure fell short four years ago, but not by much. It received 48% of the vote. If it passes, San Francisco would be the first major U. S. City, the lower its local voting age to 16, But it's already allowed in some smaller communities like Takoma Park, Maryland Two years ago, Queens Congresswoman Grace Manning introduced a constitutional amendment to lower the nationwide voting age to 16. Saying young people are the leaders of our future. Well, some
New Jersey Residents Set To Vote On Amendment Legalizing Recreational Marijuana
"On election wise. We already know that amid the pandemic, but one of New Jersey's top top line ballot issues this year is also the question of whether the state will be the latest to legalize legalize recreational recreational pot. pot. If If voters voters Okay. Okay. A A constitutional constitutional amendment amendment ballots ballots are are about about to to go go out out to to all all registered registered voters voters in in New New Jersey's Jersey's first first ever ever mostly mostly vote vote by by mail mail election. election. If it happens, New Jersey would become the 12th state along with the District of Columbia to legalize legalize recreational recreational marijuana. marijuana. That's That's if if the the question question succeeds. succeeds. Of Of course, course,
New York - New Jersey Residents Set To Vote On Amendment Legalizing Recreational Marijuana
"Going on election wise amid the pandemic, but one of New Jersey's top line battle issues ballot issues that is this year's also All the question of whether the state will be the latest her legalized recreational pot. If voters okay, A constitutional amendment ballots are about to go out to all registered voters in New Jersey's first ever mostly vote. By mail election, the jersey would become the 12 state along with a district of Columbia to legalize recreational marijuana. And that's if course if the question does manage to succeed. Supporters say they are optimistic. Pointing to Paul's showing more than 3/5 of the voter support legalization. Opponents, though, are nonetheless holding out hope that they can persuade the voters against adopting the change Both sides as you might imagine, have launched pro and con campaigns
The Cat and Mouse Game at the Mexico-U.S. Border
"Paso del Norte Bridge Pass of the North here people crossed from Horace to Al Paso or Paso to warez every day they crossed by car and foot to go to work to school to shop to visit family chaos and clutter hustle and bustle and adjacent train trestle called Black Bridge crosses nearby the scene of the tragic shooting. So many years ago. US border, patrol agent shot, and killed a fifteen year old Mexican boy after that. So what happened at the Rio Grande? Well, the facts are disputed. So we'll tell both sides of the story was talking about the circumstances that brought about the shooting the boy's parents say Sergio was playing a game with friends run across the border to the US side touch defense run back without getting. Caught kind of like a game of chicken. Yeah. I mean what kid hasn't played some version of that Game Kisha branch works for Barra Borderland Connections a nonprofit helping asylum seekers. She spends her days at shelters in El, Paso and shelters in Horace. She works closely with migrants and Border Patrol agents all that to say she's familiar with the area and the dichotomy of working with both sides. There are some kids that that play at the border, the border in New Mexico in an opera. There's a community right beside the border wall. There's a a lot of land and there's a trash pile, and so sometimes, the like moms will go out in like pick things out of the trash Powell for their homes like for household items. There are people that go into that space like where we go to visit the wall there some kids that come up to the wall and they talk to us and we'll just have conversations with them. So. Yeah. Are Kids that play in that area, but they play in the area because it's their backyard. But that's in an opera. What about downtown in the Rio Grande Canal by the bridge where the shooting happened according to my cabdriver it's not generally an area where kids play. Do kids play around the fence around the border. No. They don't let them get near. So that leads us to the other side of the story. Border Patrol says, Sergio was a coyote helping undocumented people illegally cross into the United States. coyotes often use coordinated distraction techniques. Draw the agents attention away from his surroundings victim. An Harrah's was the chief Border Patrol agent out of Paso when the shooting occurred he's now retired we used to call those still do they would call it a sacrificial room. Send someone a across or group appeal across to get the agent to react get the agent to start chasing a group and and what they do is soon as the agent leaves that that high. Position they say whatever they want to send. WHAT THE REAL INTENT It's almost like a diversion. So that happens all the time dangerous game, the game of cat-and-mouse. The boys ran back and forth across the border agent Mesa detained. One of Sergio's friends Sergio ran back to the Mexican side. He hid behind a pillar under the train trestle. That's when agent Mesa shot him in the face. Mesa says Sergio and his friends were throwing rocks, both men, Harrah's and George Gomez. The agent I talked with at the beginning of this episode, Say agents are trained for physical assaults cures, Gomez. Goh, there's different scenario that we run the training. Obviously, I think covered drive away from the air run seek cover and backup call for backup deescalate. Behavior. Here's the thing I don't want to downplay rock-throwing. David. With Iraq agent Mesa may very well have been endangered. Peres. Getting right and he's got a he's hunched over the guy that he was arresting. And you got your back towards man. You're you're you're really at risk even under the high pressure of split-second decision making the use of lethal force here has been criticized bystanders video captured the fatal shooting. In the video Sergio unarmed again, Kisha Branch who works at the border. The story that came out in the news is different from a story that we hear from the agents themselves. So I don't. I don't I have I have no answers Sergio's parents of course, do want answers and a legal remedy. Meaning an award of damages, the family believes the US. Constitution. Guarantees Sergio certain rights now the constitution of the United States setup the framework for the American government and the various rights people have with respect to the government right and the constitution applies to more than US citizens the preamble the very beginning of constitution says we the people of the United States so it doesn't specify Melvin Odi is a constitutional law professor at Faulkner University. which generally talking about in the way, the courts interpret these things into generally talking about the people who comprise the United States. We the people of the United States People Citizens Resident Aliens International Travelers in this country on holiday or for business when you're in the United States, those protections apply to you. But when you go back to wherever your home country is, those objections do not apply United States meaning of course, that's going to be. The Continental United States, but also include The US territories the special maritime jurisdiction of the United States which would be like on the seas. As far as the borders. The constitution applies within our borders and again sort of the territories that we control. Chris Galindo is one of the lawyers who represented the Hernandez family. Here's a clip from a video called Justice for Sergio Audio and Spanish here from a univision news investigation. Dominicano. Wasim Anthem Nisa. He says, can we sue the American government to be sure Hernandez was in Mexico and is Mexican the American government said we can't sue them because this is Mexico. Not The United States we're saying not bullet originated in the United States and they have to pay for the injustice. They did Moses Shindo is guy. I WITH MY NEIGHBORS GET TICKET WINDOW GOES ON WE are saying there are certain laws and certain ways. The Border Patrol agents need to treat human beings Mexican or American according to United States Laws Federal K. K. K. K.. You the Sergio's mom pleads God for help for justice this is going to haunt me until I leave this world. This acronym you can. Okay. Vido. Sergio's parents sued agent Mesa in Federal Court for excessive use of force. They claim Mesa violated Sergio's rights under the fourth and fifth amendments. Now here's a reminder of what those are faulkner professor Melvin Odi. Okay so The Fourth Amendment Fifth Amendment each sort of presents a bundle of rights but the fourth amendment in particular. Presents a list of restrictions on government agents were investigating crimes. Okay. So the prominent one is protection against. Searches and seizures. The court has interpreted seizure to include killing the taking of human. Life. Would have been saying. This was an unreasonable search and seizure the fifth amendment includes several closets. Relevant one, but there's a catch all. Near the end of the Fifth Amendment that says a person can't read deprived of life liberty or property without due process of law. So. In this case, the young man's life was taken. And the Fifth Amendment says, you can't do that without due process of without fundamentally fair legal proceedings. The first time this case worked its way through the court system the fifth US Circuit Court. Of Appeals dismissed the case it held Sergio's parents were not entitled to fourth and Fifth Amendment protections under various legal doctrines, but the Supreme Court said the fifth circuit and properly applied those legal doctrines. So it vacated the decision rendered null and void that was Hernandez one in. Two thousand, seventeen, the Supreme Court then remanded the case with specific instructions. It's at another question needed to be addressed. I is a givens remedy available. The Fifth Circuit said, no in this Supreme Court, appeal followed Hernandez
Calls to boycott Netflix over French film Cuties
"A controversy brewing on Netflix. It's actually a pretty disgusting story. I remember I saw the trailer for this a couple of weeks ago, and I thought it was pretty gross. And apparently, it's It's worse than I thought. There's a movie that is now on Netflix. Called cuties. It's a French movie, They say it's a coming of age movie. But it's about 11 year old girls who apparently want to dance like strippers and dress like strippers in act like strippers and do and the parts are played by 11 year old girls. I haven't seen it. I haven't followed the controversy that closely but somebody who has joins us now it's Christian Toto, film critic and the proprietor of Hollywood in Toto, calm, It's t O T o If you're a conservative looking your way through the entertainment world, that's where you want to go. Welcome, Christian. Well, thanks for having me Thanks for coming back on the show. So cuties. The name in and of itself is a little bit gross, especially knowing what it is. But Explain the controversy. Well, it began with the advertising. There was a poster for the movie that show these 11 year old girls in sexy dance outfits and posing very provocatively. And, of course, that course an uproar. Understandably, so And Netflix that Oh, my gosh, I'm so sorry. This is an inappropriate The movie doesn't reflect us. But this is a very bad poster. Take the poster down with our apologies. And then the movie debuted. Ah, day or two ago, And now people are seeing it. I confess I have not seen the movie, but I've seen enough clip. That that poster Wasn't far off and that there is there's a scene going around Twitter. Gosh, well over a minute, and it basically shows these Three preteen girls in these very mature outfits doing dance moves like like a Miley Cyrus. Like a lover like someone you kill you pay. As an adult to see if they're in the movie. But the brought back the blowback to this I mean some of the reviews. It's one of those movies that this get it. There's a huge disconnect between what the critics say. What's believe in rotten tomatoes like 90% fresh, It's certified fresh and the critics have it about the people haven't about 6%, and it's telling in this UK telegraph headline. Cuties. Netflix Review a provocative powder keg for an age terrified of child sexuality Right there. They're admitting that this is largely about child sexuality. 11 year olds are they not? It seems very obvious. You know, Here's the thing. The movie and the director has said that she is trying to be critical of this cultural movement, and I appreciate that. I think you can tell that story. But he also think you can tell that story with a modicum of her strength. You don't need to see, you know, over a minute's worth of girls undulating to get the message. There are so many artistic ways that you could capture that without showing it aggressively in your face. You can do it in shadows. You could do it in snapshots. You could refer to it but not show it directly, so the fact that it's really on screen in your face force along Is gross and again, you know, I I'm a first Amendment guy. I don't want to censor art. But by golly, you can't see that This is inappropriate. I'm I'm aghast that there are so many defenders. There's apparently nudity of these girls, which again I think anybody who streams this movie should probably be We looked at with a jaundiced eye, but there's also they one of them takes a picture of the their private parts and posts it on line. It is and it's 11 year old. It's one thing if you had, you know, a young looking 20 year old actress playing this But to actually have really 11 year olds to this. It's bordering on child pornography, and they're like the state of Texas. The attorney general has been asked by a legislator there. To look into this. I'm curious. Reed Hastings is the CEO of Netflix. He's got a book out, so he's making the rounds. Hey, did a 10 minute interview. I believe yesterday with CNN. This didn't come up. Has Netflix commented on this beyond the poster would really doesn't reflect what's going on in the movie. They went radio silent initially. But then I believe yesterday they defended the film. So they're on record is defending this particular product. And by the way, you know, we talked all about diversity. And we need more diversity in our culture. And in many ways that is accurate, and I applaud that on some level for sure Don't want to discriminate anyone. Diversity within the film critic community. I'm a critic. I'm up on the right. To say that I'm a minority is can you name another one? But listen, there's about I'd say between five and 12 critics We're on the right and there are hundreds and hundreds who are left of centre and it shows in their report ties, so I don't think there should be a quota system. But if everyone is really concerned about diversity There should be Mork critics of prominence who are people of faith and and you are a conservative Jew who could call out something like it's kind of been the framing of the left defense of this movie Cuties. We're talking with Christian Toto film critic. The defense of this movie has been well as uptight conservatives, then that's almost why it seems like many of these critics like it is because People who aren't big fans of child pornography are against it. Yeah, Yeah, listen, we're living a tribal agent's left versus right. And if anything, even hints at that demarcation, it's game on. But you know, this is this is not been in. This has not been a secret. The movie screened it Sunday. I believe it may have won an award of some kind. I need to double check that. But, you know, listen, finances and very prestigious film festival, probably the most prestigious in the country, and critics have fawned over it. What if that say that the critics really just missed this. I've seen the quick. It's enough. It's really uncomfortable and again. That movie. From what I understand is being critical of this part of culture. And again. I have flaws that you could. You know, that's a message that could be out there. But as an artist, you can share things not share things. You can pull back. All sorts of ways to artistically captured this exact same I go, I go
"second amendment" Discussed on GunGuyTV: A Firearms
"Kind of a business and it doesn't matter if it's profit or nonprofit. You still have to have office space and desks and chairs and a computer a phone system and you just showing the cost of running the Yes so all you're doing is creating redundant infrastructure that C. R. J. has built over the last hundred forty five years. We don't need to waste the money on that. Put it into the cost saving the Second Amendment one episode at a time this is the gun guy. Tv Pot. You'll there is an old saying that the way to win wars to divide and conquer right so we divide as gun owners. I see it happen all the time. It's a crazy. Thank you and I've talked about the hunters who don't care about the three gun is and and and so on but even within it seems like well. I don't like the way you particular way that you do this Sam and so I'm going to start an organization to compete with you. All we're doing is we're doing the enemies work for them. And what winds up happening is they. Zero in social media has made fundraising a lot less expensive than it used to be a lot more challenging at the same time but if you can come up with an angle and a lot of people use the lawsuit says an angle. Even though they don't necessarily have those qualified lawyers on the other side of that they. That's that's the appeal that seems to be people especially in California seem most responsive to because the reality is the litigation is probably our best hope absolutely because the legislature is so rigged in in in California and other states. I gotTa Tell Ya Sam you go up in front of that legislature. All the time. And you're still gonNA say reasonably just to hedge my bet you're still a reasonably sane person and I don't know how in the world you managed that because that's a coup house like when I have not run into in a long time. Well one thing that I learned over many years of being a son among student of senator. Richardson and competition. Politics is that you understand the nature of your opposition. And you understand that. It isn't you that that's the problem. It's they are the problem. And you have to figure out a way to impact them and affect them and in their elected positions for the longest time we were very successful from nineteen seventy five to nineteen eighty nine. There was an anti gun law that was passed the state legislature. Not that we're not nine hundred eighty nine. We had the assault weapons ban and kind of broke the dam. Loose the Democrats rigged the the redistricting and and made sure that they had more of their folks Elected and then from then on. It's just been going falling to the left but we understand that and we understand that that is a battlefront that no matter what we have to fight in so I go in there knowing that I'm going to get my Easter handed to meet Legislative League but inside. I am just over joy knowing that. We're going to have fun in elections politically hurting some of these people and the work that we have been doing and it hasn't been recent it has taken years of hard work and coordination amongst organizations in filing these lawsuits and supporting them with friend of the court briefs in in bringing these new legal theories to the to the court and having the opportunity to present them. That brings me joy because I know that in my lifetime the Second Amendment is going to be restored. And I'm going to have the opportunity to go to that state legislature and tell them. Oh Yeah you're the author of this anti-gun law we're going to in the vernacular of the legislature. We're GONNA tombstone this law. That has now been declared unconstitutional and wiped off the books as your law and we're going to go and let Californians know that their rights have been restored that a small remnant of people who've supported our organizations with their money with their volunteer time and activities and prayers has come to fruition. We we have what I know that that is a part of our future. So I don't have any problem when Senator Nancy. Skinner looks at me with disdain. And and and calls US horrible things from the from the dice at the state Senate or members on the assembly. Call US despicable and and murderers. That's our fault that things happen in gay bars and Florida and shootings in in other places. That just kind of roll off our backs. Because we know what they are and we are not like them and we know we're going to win and when you know you're GonNa win you can go into a nasty storm and come out thinking. That's okay anything you guys want close on any last things you want to talk about the The folks that were opposing the gun show at the DEL Mar. Fairgrounds actually got up there and said they don't want to allow gun shows because young men and women girls go to gun shows and are exposed to get you name it. You guessed it talks emasculated. Okay so I just in closing I just say. I can't wait for the day when the gun law book which is six hundred pages. Long is about ten pages long. I'm waiting for five myself but I'd also point out that if that happens because the Supreme Court goes away folks need to remember we've got `im CRP also NRA NRA getting donald trump elected president. Those huge why we have a supreme court that's poised to give us a favoring ruling on secondment because Hillary Clinton thought that held the Heller case was about keeping kids out. GotTa kids hands. That's how she carrying so I'll also why we have the one hundred seventy some odd now. Conservative of federal judges. We didn't have before that's right and and growing because Mitch McConnell. Who disagreed with on a number of things has been brilliant about shovelnose through at a rapid pace? Anything else you wanted to. I can't tell you and I and I get goosebumps What an honor and a pleasure you know. We have a folks who go up and fight wars in for an exotic places to protect a America to protect the constitution to protect our freedoms and liberties and we are fighting a war here in. I consider chuck and Rick. We're fighting not with each other for each other but alongside each other there you go and we are making a difference and I want to encourage an invite. Everybody WHO's out there to be a part of. It gives us the resources we need to push across the goal line and then once we've done that we're going shooting right. Yeah we're going shooting and L. We're going hunting and I'm going with you. You WanNa have something Joe. Let me finish with this. Yeah it is an honor and a pleasure to be working alongside these guys and we coordinate and we will coordinate all the way to the end. But you don't know how how much joy and pleasure and honor I get from from working with you because you have a voice. That's part of competition politics. We all have a role that we are good at. And we're experts at and when we try to get outside of that role we usually fail or distract on on what we are capable and able to. Do you have a voice? That's golden you have a listenership that's willing to listen and you have the passion and the desire to give them the truth. You are an essential part of the team of what we do without you. We would be diminished so influenced cer- that's what they call that in social media violence these. We appreciate you well. The word is half the battle. If people know what's going on they can take part in helping stuck. So Rick you got the last word brother again equity. Sam said it's always a pleasure to come on the show with you because you really make it feel one teen and I want to compliment you on that. Thank you very much. Well as far as I'm concerned we are so. Thank you guys very much for coming. I really do appreciate it. Have a wonderful show. Thank you check. We get pizza strategy to calibrate absolutely stick around and Hesse. Okay all right guys documented Becker. Once again thank you very much all of your support and for listening to gun guy. Tv's firearms podcast. I'm very grateful that you do what you do. Have a wonderful week and wherever you go whatever you do please be safe. You've been listening to the gun. Guy TV podcast..
"second amendment" Discussed on GunGuyTV: A Firearms
"Way across the country and especially in the ninth circuit that are stayed waiting for that Supreme Court ruling so it could just be the Supreme Court holding them because depending on what it does in a New York case which everybody expects will be positive for us but in the normal course of things if it wasn't a second amendment case with there was some case that's going to affect a bunch of other cases they would hold those cases until they ruled on whatever. The case was going to set honesty. Okay so we can't necessarily we can't necessarily draw infringed with regard to the court's intention by the fact that they're holding those cases one thing that I've learned from being a friend and a colleague in a client of Chuck's the mysteries of what happens in the supreme. Court are are epic They're they're the we don't know everything that goes on drawing inferences. Your hopes are often dashed. But you can take a look that they've had the opportunity to to to reject all of these other cases but they've opened dockets when they opened the documents. They open a file for that. It's in the process and the waiting waiting to check. I mean the the justices on the ninth. We've got the young case out of Hawaii Open. Carry concealed carry. We've got a multitude of cases that Michelle associates have brought to European and and with the support of Benham's have brought and they're holding on on all of those cases which they could have dealt with a long time ago to wait to see what happens here the importance for us as chuck points out in deciding on the level of scrutiny is monumental it really truly is and the reason that we are so hopeful first of all. California rifle and Pistol Association gun owners in California we wrote a joint reef and submitted it to the Supreme Court. That asked the court not to deal with the issue of of So much of the public transportation of firearms in in the city. But we were asking the court to take a look at the fact that many courts throughout the country have basically flipped the middle finger to the Supreme Court and have refused to follow the directive justice. Scalia said and gave an inhaler versus Washington DC where he said just judges should refrain from using judicial balancing tests in order when when deciding second amendment cases because apparently biased. That's right and he said techs history and tradition of the meaning of the words at the founding is should be the only guy and what does that mean. That means that okay. Let me make sure I understand it. We've probably interrupting your would. You're talking about text history and tradition. You're talking about the text history and tradition at the time at the founding. It was written. That's correct not text history tradition at two thousand negative. You can look at history since it was written. And that's what the other side is trying to do. This is Sam's opening up a really interesting and somewhat arcane and legal easy topic here I'm a legal but the standard of review you know. Typically they had if you're doing a first amendment case they have rational basis which means anything or legislature says. They're going to accept a no laws ever struck down. Basically where some. Kind of intermediate scrutiny or strict scrutiny. Where it has to be. A compelling governmental interest and the law has to be narrowly tailored so that it doesn't unnecessarily impact people in accomplishing whatever that compelling government governmental interest is so strict scrutiny often laws or struck down on. First Amendment grounds. And in fact we had the gun. Show the challenge the gun show ban which brought a First Amendment Challenge and that court said this political speech. We're GONNA apply strict scrutiny. The gun show band falls the the trend now. And this is what Cavanaugh. A subscribes to and Gorsuch and the most of the conservative judges on the current court. Is this text. History and traditions called originalist approach. What what is this law supposed to do? The first place and so our position is there are very few Gun Control Laws. That have ever really existed throughout history. So it's going to be very difficult to justify most government the most Gun Control Laws. Or when you apply the text history and tradition test but interestingly enough Michael Bloomberg sees this coming and he has already gone out and started a funding scholarship. You can look at the Duke Law Center Duke Firearms Law Center there already cranking out all this stuff. They have the whole history of all the laws that existed throughout our paths since it since the Second Amendment was passed and all these articles about what text history and tradition means. And how you know. It's going to cause all kinds of problems. I mean they're already tried to influence the already gearing up to fight back when and if the text history and tradition test is becomes the becomes the standard of review for Second Amendment Challenges. So this is this. Is You know lawyers. This is like one of the most significant civil rights cases that has ever come down the pike a brown versus board of Education. Got Nothing on this this this jurisdictional development here in the arguments that's going on about what the standard of review should be and when the government can and cannot restrict your right to keep and bear arms. Well I think it's you're right. I mean we're in the week but at the same time while we're in the weeds rick and I've talked about this many times. Sam have as well that if the average gun owner. That's me I went to college. Got Great graduate. So I'm I'm one of those average gun owners right. The average gun owner doesn't necessarily have the time desire. Maybe the desire but not the time to really get into the weeds and understand this stuff and as a result. It's very easy to be this guy who thinks well you know? It's not a big deal to fight a court case it's not a big deal to to fund a cortege. Why is it so difficult to figure? And you're you know you're laughing but I think this is a realistic problem we have. You're absolutely right. Remember the issues in Heller. Were is it a collective right of a militia or is it an individual right so that's one big battle of the scholars? You Know Battle of the big brains to try to decide what's done the second like a relatively Elementary question but no which is why Scalia's opinion is one hundred pages long with two thirds of it is all about history. It's not even a legal analysis. A historical analysis and then we had the incorporation question is the Second Amendment Incorporated into the bill of Rights through the fourteenth enlistment. Mcdonald's right yeah. Those of us who took his civics class may remember this little exercise about how the bill of rights did not apply to the states initially and then the fourteenth amendment came along and incorporated most of those rights but not every single one of the ten bill of rights so selective incorporation. It was called something you had to have a test on whether or not. The Second Amendment was also incorporated against the state and local governments. Which McDonald's said it was everybody knew after that decision came down. The next question is going to be. What's The standard of review? Even though it was addressed in part in Heller and some of the water down tests were expressly shutdown inhaler. Which by the way they're still using all over the place still use shut down a few words around quotes right. What's rose by any other name right shooting strain and always right on target? This is a gun. Guy Heap podcast..
"second amendment" Discussed on Dear America with Graham Allen Podcast
"So we've got a lot of things going on obviously with Virginia and we're GonNa talk about that here in a minute. I just did a news hit about it as well. I've got my criminals. Why does love gun control t shirt on and even the people doing the news hit? They asked me about the shirt. It's what I believe. Only Evil Yeah. People only criminals only people that don't have the interest of law abiding citizens in mind would dare try to implement gun control but before we get into into that stuff. I just want to talk about our society a little bit You Know A. We've had a little bit of a break. We've had some guests on. There's just been a lot of things. So one person tagged me in a comment the other day this is why we have the right to bear arms. Okay this is a real thing so for those of you don't know if you can see it but here we go so he tag me in light one of their stories and they screen shot at my page and all this stuff by the way the president photo finally came out for all the people that doubted me vary it is he is. I hope you enjoyed that majestic nece anyway. All right so they screen shot at this and it says this man is a transphobic also. A man heavily corrupted by USA propaganda. Also a huge effing hypocrite. These people should be put to rest when it says right here that is a that is a death threat. That's what that is that is a threat of death against me and my family because he said these people yeah all right so there it is right there. FBI local police it has. They're like username. And everything yeah sure does and I'd report anyway anyway but the point is I tell people all the time that I get death threats every single day and I think a lot of people were like well here it is people this is this. This is what it is and the sad thing. The reason that I don't report this is because I looked into the guys account because that's just what I do. You know all this dude is uh-huh Sixteenth Fifteen. Yeah fifteen years old little man fifteen years old saying that I should be killed fifty much. He loves you know other stuff. I should be murdered because I'm not pro saying saying that men can have periods. I'm not pro murdering babies and I'm pro guns transphobic. I just don't think that it's a real the thing that should be like acknowledged like no. You're you're a man and you have the you have every right in the world to go have your body changed medically really. That doesn't make you a woman. Sorry this is where this way. I feel. Sorry you're really not you really not. I was walking. Have you seen the Ricky Peter Bass Net flicks special standup special from two thousand eighteen. So it started trending after this most recent Golden Globes And he talks about in there how he got in trouble for the Golden Globes back in two thousand eighteen where he said. I've changed a lot this year. Not as much as Bruce Jenner. But I've changed a lot of people got upset and they're like they got upset. He found out that the reason he got up that he got in the most trouble was because he dead named him. Do you know what that is I was I was. I was educated while watching the show dead naming signs or not if someone goes through transition transition hold on I gotTa Sneeze. I'm allergic to blow. I already see it so when someone transitions and you call them there is dead dead name you you are not allowed to say or even acknowledge that he used to be a man even though for fifty some odd years his name was bruce manner. That's how I'd address them doing He was he was an Olympic gold. Medalist right yeah or medalist journal. He slept upped with a multitude of women has children as a matter. He still likes girls. He's yeah and he's a dude. Okay so anyway okay all right. I'm not transphobic. I just I fear walks in the room. I don't like shield. My children like cover there is i. Don't do any of that stuff but no just because you want it you can be whatever you want to be. But it doesn't make it real. I am a doctor Dr. Yeah I'm going to wear the coat. Walk around the hospital every no. I'm not not really the other thing about social media. It's so easy to type something like that. If he were here in person. You know I'd be willing to bet. He probably wouldn't say something. We have a lot of guns on the wall so I don't know if he was killed safe here. All right leaning American flag allegra when you walk in there's gigantic flag and here it really is ridiculous. How big this flag is if we're really bad on US but Okay so moving on. I'm not done so so Cardi. B. Has decided that she wants to. He wants to go or sorry she she the entire name drums. So sorry defined. Oh here we go. This is the tweet right. I'm going to read it exactly as it is written by Cardi B.. I do feel like if I go back to school and focus up. I can be part of Congress. I did a Y- Dead Aws have so much ideas. That's what it says. Have so much ideas that makes. Can we talk about the one that sentence. I have so much ideas that makes sense. I just need a couple years of school and and I can shake the table. I agree about eighteen. Years of schooling would probably be the correct way will start at second grade and we'll work away all right so obviously this tweet hit for real and then Bernie Sanders official campaign said. `I stand with Cardi stanzas with 'cause dances with Cardi card. Now I want to bring everyone's attention to back in August so we're not that far removed from August about what six months right according Bay tweets out. I wonder how pe- tastes like there. It is right there. I wonder how pe- taste like not. I wonder what P taste like. I wonder how tastes like I like her. Four year old got on twitter and tweeted that we've got even a bigger problem but anyway in this person will run for Congress and there's a very large group of Americans that think that that's a great idea. Why not why? Why shouldn't you run for Congress? All right this is real stuff people all right moving on okay Let's see what else here sex offender identifies is is eight year. Old Girl. Claims Child Porn is free speech. That's what the left is create a who are who are we. Who are we to the question? Someone's someone's opinion and what they think right hold on. I'm not done what we got here. I'm not transphobic okay. This is just what pops up next next on the for transit sir. I'm sorry it's the news. Is The news for transgender. MEN EVEN NBC ABC News says this for transgender men. Pain of menstruation is more than just physical. I get it I see what they're saying. I I well I can take the leap aching. They're just like anyone else but So it's a guilt. It's almost like you're still having the pain administration even though so you feel like a man but then you reminded of reminded that you're still shot. That's what I'm saying. The whole time. Not Making Fun of transplant. Just at the end of the day. You're not you're not that. And they expect everyone to accept you know their new pronouns. Don't call me my dead name or whatever. But they didn't accept would they were given from birth. They couldn't accept it. They had to decide. They were something else and now we have to accept that all right fair fair enough all right so talking about the attack on our children. I've said this for a long time that our children are being attacked and sexualize Very early on this is eighth. Grade Children's Textbook California saw now granted okay at this point. Hormones are running rampant and all this stuff but it's our responsibility as parents to teach our children. Keep your keep it in your pants and keep your legs closed. You are still too young for anything anything like that. You're not mentally developed enough for said I mean you're just not just because you can perform on a primal level doesn't mean that you're ready for that kind kind of stuff. So this is what the textbook says anal sex sexting CYBERSEX or phone sex sensation play kinky sex role all play bondage slash restraint body fluid or blood. Play one. What the crap is that and sex toys? This is in Dan. A textbook for eighth graders in California that blood on Oh. Can you imagine a teacher. My health class teacher was coach. Right it was the same way some old coat teaching your kids plug play won't.
"second amendment" Discussed on Dear America with Graham Allen Podcast
"The end of the day pretty much I mean your act like you just got cut open by the doctors but no on a serious note she is a warrior and she's doing fantastic and a lot better than me. I would be not doing a show for about three weeks. That'd be horrible. I'd be the worst. I am the worst patient ever. We have a lot of things to talk about today and I find it fitting that on Bro Day is is in correlation with. What's going on in Virginia? We have so many things to talk about this is without a doubt the most blatant Layton attempt to infringe in take away our gun rights as Americans that I have seen in my life so far the first major test. Ask first major test on what's going to happen and we're GONNA get into a lot of that before we do though. Let's go ahead and get these sponsors. There do point of the Second Amendment it is not to make cool. Youtube videos is not cool. Point of the Second Amendment is to fight to radical governments and that is basically basically what is being proposed in Virginia. As we've talked about this is so important. Listen to these words. In addition to laws that are unconstitutional constitutional including some of which essentially strip you of due process. There is a proposal which would allow localities to ban outdoor gun ranges simply simply by changing the zoning so not only are they trying to take away your Second Amendment Rights. They're trying to prevent you from safely practicing. This is why product like I target pro is so important using their proprietary eappen laser bullet..
"second amendment" Discussed on Dear America with Graham Allen Podcast
"With James. How Spirit J. J. J. Conspiracy? I think it's Russia and China and influencing our social media and trying to be very well could be they all this Russia and China hat. They weaken our military tests. Feminism thing lower your test scores and they know that they can't beat our military but they know that if our entire population is on our I totally different and they're like look you and all these soft minded coach Vince him to believe anything we tell them. Well here's where you know that people really are interested in saving lives of people. Okay because that's what that's the argument for the second event. Yeah we gotTa Save the kids. We gotTA save if People's lives. Do you know what you know. You can have a conversation about whether the baby gets to live and Blah. Yeah but that's what I'm saying. It's coming towards the end of the year. I we're almost in two twenty twenty so two thousand nineteen reports are coming out to know what the number one calls. A death was abortion. Forty one Neil Sheehan estimates total or something like that over the years. It's not hang on reacquaint. Let me find that article before. I do also going to be about all the times. We say a abortion just to check with YouTube. Seo stuff a feeling it's a trigger word. Yeah no it is all right so it wasn't a Mary. It's worldwide right so breitbart reported that by Oh I'm sorry. I was way on this. This was last year. So December thirty first of two thousand eighteen. The leading cause of death was abortion worldwide with forty one point nine million so you go to these fact checkers sites and even the fact checker sites actually helped it. They're like actually that data is wrong. Go where to go. Oh Blah Blah Blah Blah Blah. It actually shows that the number is around fifty. Six million induced abortions occurred worldwide each year. Now the argument argument is going to be that the vast majority of not in America. Of course we know that all right but if guns are such a huge issue prove it prove in your numbers that that's the case because I looked it up and of the mass shooting in category which is three or more. Is it three or four. More people costars three or more three or more people in in the same aim incident. Okay that's that's a mass shooting. Two hundred forty seven out of there's five million registered in our members. Yup No telling how many more people aren't just registered members that have guns. Well they said there's a billion guns in circulation. Yeah when in the statistic did the left likes to throw in your face a lot twos like well America's I don't even have the exact number but high up there in the in the gun deaths But guess what if you remove all of the gun free cities we fall off the list. Yes we have more guns than anybody else. You remove the gun free zones where it's illegal to own any firearm panel rifle Arafat definitely. Not a are fifteen definitely not high. You mean standard capacity magazines clips. Yeah Magazine magazine. Clips came out killing thousands of children. A minute I mean it's just ridiculous heard for those that aren't aren't light gun shooting people to call a magazine Clip. It's like it's like a trigger word trigger words. There's yeah yeah there's a difference just goes to show.
"second amendment" Discussed on Dear America with Graham Allen Podcast
"It's it's a full blown attack to the ends is going to be a full long gun compass purpose door to door gun confiscation. That's what that's where we're heading. They're going to disguise it. They're gonNA talk around it. He admitted an interview. He said that not at this. Are you going to take. The guns is directly what the lady asked him. You know. So what they're wanting to do right now is make owning a are fifteen a felony. MM selling them. We're starting to sell them so selling them is going to be illegal now distribution. Yeah anything with a standard capacity magazines. So basically anything over ten rounds. Suzy legal which is all handguns And many other of my rifles at ours besides a revolver and then they sneak little language language in there. If you go if you go online and look all the stuff up there sneak little language in there so nonspecific anybody can interpret it any way they wanted to so they'll say ar fifteen and the alike. What's that mean Ralph? Yeah you know what I mean like what. What is that supposed to mean right so for possessing thirty round MAG which is Standard Fancy magazine because guess what amendments got nothing to do with deer hunt? We're having a good time hog hunting deer hunt now here. Second Amendment has zero to do with that it. You know I mean it's fun that we get to hunt but second amendment is so that we can defend herself against a tyrannical government if if said tyrannical government decides to come and take I don't know maybe do of the First Amendment which they're also actively trying to do You know the second defense everything else right on gives you. It gives you the means to before you're born free with nobody has to tell you that God gave you that. Second Amendment gives you the mean. So they're coming after us. Hard man has that bill been passed passed yet or I missed that. Still kind of in the way. It's January thinks January or or maybe a little further. Could you have fact checked me on that. But it's it's coming down to is coming out fast and it's not see there's no grandfather clause so it's not like what they've tried to do in the in the past where they've had assault weapons bans like they're trying to do now and they've said well if you already own it. It's not like we can come around and take it from me Brian by anymore. No this time they're saying like you get caught with. It is a felony straight up thirty one. One one MAG MAG. It may be time to change states. I that's that's dangerous at the same time man. It's like I I WANNA I WANNA stand my ground so honestly you know we're GONNA we're gonNA disperse a little bit. We're going to kind of keep one foot. Maybe in Texas or Florida and kind of maybe moved the business business out of state but I WANNA keep a foothold in Virginia and keep fighting the good fight man. 'cause who who else is going to do it. Yeah somebody was It was Jaakko Boolean. Or what a billions chaka billions or. He's turning point guy. He does a lot of turn of events and he was talking about. He's a real spiritual guy. And he was talking about conservatism. He's talking about Surrendering territory and what we are doing. He was talking about it from the a Christian perspective but it but but it fits in this which why bring it up as what we are doing. Were forfeiting territory. Because we just don't want to fight the battle so we're retreating to a different area. Just giving them that territory and then they'll just keep doing what we do here. We'll come out here and we'll shoot her guns Nobel bothers for a little. Oh wow but then what happens. Is they take over that territory. And then they start moving into your new chasm that as it applies the hunters if you think about this and I posted about it and and got some people in my in my community that even in my family and everybody else who was like ooh that was a little strong like you kinda sounded aggressive and I was like I need to sound aggressive. You see what they're doing trampling all right. They'RE GONNA make it up to them by the way to interpret however they wanNA interpret having a firearm arm with somebody that's under the age of eighteen is going to also be a felony. Isn't that convenient. You'll be a felon so in other words if my responsible Oh sixteen year old daughter I dropped her off at her ground. Blonde hander rifles a hate you know safe directions this way. Make sure you know you. I know you're targeting. What's beyond it? And she's been coached at her whole life and she's responsible that rifle and I go hundred Dan one hundred yards away from her felon plus we can't within either rifles. We got anyway. 'cause they're all felonies as well. We'll say like that is brave of the left to do like be pushing this stuff. It's like that's brave because they're never gonNA be able to enforce ultimately elites like like bed to GonNa take the gun show them door. You be the one to kick the door in Sun kick the door in social work perspective though which is what I. Am You would also have because if it comes fell in the now. You're in trouble because you're the one that gave her so many ds that's what happened to get involved. Just be that's a that's A. That's a big senior Nyanza eighteen and under like that's what they're pushing for a meal. Seventeen hundred is it can be considered dangerous and it's and it's left to their interpretation. It's not dangerous is I'm sure some liberal sees me and my eight year old daughter shooting hogs out here. They might think that's dangerous. They might think that's an appropriate there. There are people think that it's dangerous. I just posted like literally just today. Photo made the boys out here man and I was it was one of the it was one of the rare times that wasn't was it trying to stir anything up. I was just trying. Stir stuff up You know I said. Sometimes the best aren't when you see anything I it's it's when you're just hanging out with your kids and somebody was just like oh I don't even have a picture of me with any animal dad of any can yeah L. O.. Onnor say you could subject your children. Well it's trauma. Whoever said they say I don't understand how you could be that out of touch reality like thank you that you're eating and all that stuff? Yeah Yeah enjoy your heart disease from that. Why did you murder? Come back around your GRANDPA's the house. Well you eight or the anyway all right. The point is so I've been saying is a long time. I've been talking about and the listeners. Because she's been with me on most of these the second amendment like speaking tours and I'm going on two years ago I had this. Almost it professionals the wrong word. What was the word? I'm looking for the there. It is funny though. No no lie almost like a foreshadowing battling of something all right. Why Salon Work Prevent Prophetic spiritual anyway? Okay I was on Fox News two years ago and they were talking to me about Second Amendment because it was some some judge or some act. Supreme Court Judge Justice Stevens Evans was his name was saying something against secondhand. I don't even remember more. But I said something that the biggest argument that you hear about the Second Amendment is what was the major thing you here. A lot of people say well. The second was written for Muskie's in things. So so that's like a big one because surely the others couldn't have you know. Thought about the the advances in weaponry right so then. I said well if we're going to go down that route I know where you're going. Maybe how long until we go to the first amendment. Well surely the founding fathers wouldn't wouldn't have known about the Internet TV facebook instagram twitter blogs blogs Blah Blah Blah Blah Blah. That's already starting to happen now continued. Can you attack against the Second Amendment is happening and we argued that the second amendment is the most important because it's the one insurance the rest and a lot of people will argue and say it's it's the first I disagree completely is the First Amendment and an amazing ride that we have as Americans of course it is. Well you get to talk about you know the issues you get to have dialogue. You gotta get your debate. You can speak out against the government until the government. No some of that might be hate speech speech and somebody gets offended but we're already species violence. It's it's already happening to interpretation now of what words to write and what words are wrong and without the second amendment. It won't be like you already see it in New York Yard. See it in California words that you're no longer allowed to say however that prosecution yourself. How long before? Well you know you're not able to talk about Jesus more how they're already say I mean school. I know throughout the Obama Administration is one of the first times I can ever remember the American flag being questioned. You know what what I'm saying like. Shouldn't that be beyond beyond contestation behind and all of a sudden people start popping up San. Well that's offensive. We don't know if we should. You know this impeachments each minister who. Yeah maybe stuff cracks me up because they're talking about the constitution and how much they love the constitution and our founding fathers. The same people don't have any problems. Dan Grabs a dead kissed there six months ago. They were like the constitutions up for interpretation Blah Blah Blah and now they care about Rox. I think the Obama Administration ministration started now. And I say this saying that I honestly I'm I'm cool with a black president. Whatever I bother me at all what what what I think? The the negative aspect of the Obama election was was this it feel it felt like the Obama was elected almost in this sense of writing a wrong. Yeah not because now writing a wrong yeah. That was a huge and forever stay on American Society and Culture was slavery no sane person says you know slavery wasn't that bad about I didn't know nobody know the other thing about slavery that wasn't that.
"second amendment" Discussed on Dear America with Graham Allen Podcast
"If you're not Mr Kip Campbell is here. We are in the remote location. And I keep where you're hiding tennissee Franklin Texas. You can tell them Tennessee we we. We're we're here to hunt quiet. You can hear the banjos exactly we we are. We are out here. We've been hunting. My kids are here. They're back. There were great parents right now. They're all on their switches at the end of the day. And you know we came down here to hut was one of those situations I just really wanted to get away UNPLUG for a bit. You were down here You you brought some of your amazing Red Arrow weapons because you own it. Yes and that is your company. I know and yes. We decided to have a really good getaway and then I decided I didn't want to leave so I did. What good employer slash friend would do? And I made Jake and my beautiful wife Dr last minute two and a half hours to do this. Well well worth the drive Utah Saliva as a beautiful place. It's gorgeous yes so here. We are It was a great time. We're going to get up and do it again tomorrow but we works to do so here. We are on the podcast so before we get into the backstory of Red Arrow and everything. I wanted to break just break. The ice is right off the bat. Okay I figured that I owe it to you. Guys say these kind of things well first of all. I have a praise report if I can do that kind of thing right you ready. Jesus lovers out there. CNN hits three years ratings low amid impeachment drama Peach Speech Mint I wish I could say I was surprised. Yeah I wish I could to CNN is terrible communist news network and they are the lowest ratings. They've had in three three years. Why a meeting with the Muller report when it's right up there with Muller Muller came out and and their ratings for bomb and things like that but that's not what I want to talk about I won't talk about Alexandria Cossio. Cortez Casio Castle. aseel Cossio couldn't okay. That was good man. All right so why do you have to coverage right the rest of this topic..
"second amendment" Discussed on GunGuyTV: A Firearms
"TV both the video version and the podcast audio podcast version. I am extremely early grateful now. This podcast is one hour long the first half an hour of which is available syndicated for free on all of your favorite podcasts gas players and we also post a video version on the various video distribution places such as youtube the second half hours available only on Patriot so you have to to become a patriotic patron of Gun Guy TV in order to get to that so I encourage you to do that. You will find a lake to our Patriot page in the description of this podcast cash that if you can't find it they're all you have to do is go to patriotic and then searched for gun guy. TV and you can become a fellow patriots patron. You can hear the whole podcasts gaffes as well as some other things posts that we do that exclusive the video podcast. I do twice a month that is exclusive in which I do some training videos and that kind of stuff and commentary videos on self-defense offense subjects you can find all of that on Patriot all right now. Let's get started with the subject at hand and that is the wall for lack of a better description. I'M GONNA say the change. I'm seeing in the way people talk about things for example. We have Beto Beato whatever his name is Rorick. Who's been running around the country saying we're going to confiscate your. Ar Fifteen yes I believe in confiscation were taking away the ar fifteen and went when asked her you gotta send the cops door to door. No I think people will just obey the law and turn them in yeah. Well fat chance that's not. GonNa Happen You know for decades gun honors about saying come and take it and made a flag that says come and take it for a reason Mr Beto so. I don't think if you go if you want air fifteen turned in that they're gonNA just do it but I think you'll have to go door to door and send cop store door to do that. Of course he doesn't want to face that fact because he's ignorant he has no idea but in any case the fact that he's willing to honestly come out and testify in public to what the left anti gun political left what their whole agenda has been forever since Dianne Feinstein once said Mr and Mrs America turn them all in this guy is just being very real about it and very honest about it and he's coming out and saying saying yeah this is a this is the goal. This is the goal of the left. This is the goal of the anti-constitution Anti Gun Anti American Progressive Left and that is their control every aspect of your life. We've got a politician in California. I'm Deanne now. She's talking about the government having to change the diets of of Americans in order to save the planet so not only do they want to take the guns away and your rights away. They want to control every aspect of your life right down to what you eat what you're allowed to eat because if you don't eat the right things maybe you'll be like cows and far too much and you'll destroy the planet. I have no idea what his thinking is where that's concerned earned but the fact that these folks are becoming more and more open about what they truly feel and truly think is right. I think is awesome because now we we can point at it and say see I told you so now. The interesting thing about that too in my mind is that not only is it happening on the extreme and liberal left anti gun anti American side but by virtue of the fact that those folks are now being more honest and more open and more overt and more plain speaking about what they actually believe rather than trying to get cover all the time or sneak it pasture. What's happening is now the right for you know. I hate to define them as left and right but now the folks that have a desire to protect the second amendment have a desire to protect the bill of rights. They're they're feeling comfortable about getting out and speaking very very clearly about what they believe and speaking clearly in a way I have not heard politicians mention attention regularly in quite some time very recently. There was a press conference held by some house members about the second amendment there were several Oberland spoke and if you wanted to sit through the whole thing you can put a link in the description so that you can look at it if I can find it again and you can watch the whole press conference. I found the entire thing to be very interesting but I I pulled out soundbites from representative Andy Biggs and representative chip Roy and precisely because both of them mentioned and specifically the American people's right to defend themselves against tyranny tyrannical government. I was stunned to hear these. Federal Atarot politicians in Congress actually say that in the Public Forum and not just one of them but to well. Here's the first one here's Andy Biggs. It's really honored to be with with you today and talk about one of our God given rights the founders of this country stashed and recognized established but they recognize the second second amendment the bill of rights and the what they said basically is you have a right to defend yourself against wrongdoers and also against a tyrannical government but that's what the Second Amendment was about you know what drives the evil and the mass killings that we see from time to time in this country. It isn't the instrumentality it is even the hearts of somebody and that evil is allowed to corrupt and corrode because we are attacking persistently the institutions which are designed and recognized by the founders by the framers and until until Oh sixty seventy years ago. We're respected throughout this country. I'm talking religious institutions. I'm talking familial institutions. I'm talking the family in churches. If you want to see a renaissance of a period of time where you're not gonNA see mass shootings. You're not going to see the alien nation that comes into that seems to be the cause of some of these these evil these evil Ex. You have to acknowledge that. The institutions in this country needs to be reformed as much as anything else. The Second Amendment deserves to be protected. I deserve to have my rights. Everyone here deserves to have their right to carry and Barron arm and with that I'm going to stand with my colleagues who are here today and there are many more in this body body. They're going to stand and fight for the Second Amendment. Thank you now. Representative bigs came right out right out front and said hey you know what this is the right of the American citizen to defend themselves against criminals but also to defend themselves against a tyrannical government but now he goes on to speak about faith based institutions churches and the societal breakdown. We're experiencing in the United States and I would argue around the world old which is driving a lot of this violence and frankly. I believe he's right in that. I think the violence is a symptom. The disease is the societal breakdown the the fact that we've removed God from everything and all these other things now. You may agree with me or not agree with me but it's my show so I get to say that and so I just did. I'm a devout Christian and I think God needs to be involved in our lives and if he were on we stopped excising him from everything we wouldn't have nearly the problems that we have have but from a second amendment perspective the fact that he busted out the citizens right to defend themselves against a tyrannical government. I thought was absolutely the inspiring so much so that I was even more fired up when representative chip Roy from Texas busted out and said the same thing basically a a couple of minutes later. Here's representative Roy thanks. Thanks for gathering this group together. I'm glad to be with everybody up here. In particular my fellow Texan as a Texan obviously we've been dismayed by the tragedies of late and Odessa El Paso our hearts in prayers. Yes our prayers. Go out to the families and to the people associated I was in church in Baptist Church in Austin Texas and the the pastor of the Church in Odessa where one of the congregants had been fallen. They called US specifically and asking us to join in prayer air so these communities do want that. They do want that support. Let me just tell you from the standpoint of a Texan. I can tell you for the people that I represent and I don't represent then I don't represent gun owners of America. I don't represent any constituency other than the eight eight hundred thousand.
"second amendment" Discussed on We The People
"You know certainly say that this law was <hes> was unconstitutional and and and indeed start fleshing out the right to keep and bear arms outside the home many thanks for that and adam last brief to you. Will the court declared case mood or not and what do you think is going to do. I don't know whether the court will declare era case mood or not a predicting the future. That's going to be a little difficult to i think this case clearly is moot <hes> but i also don't think that that's going to solve the problems. I forgot safety. Reform advocates on created by the two new justices on the supreme court. There's a number of other <unk> second amendment cases waiting in the wings and even if this case ace gets declared moot and by interestingly enough. I think the state of the city of new york will not defend the law on the merits. Should this case go forward so we may not have any demerits brief whatsoever <hes> arguing that the underlying law is constitutionally permissible <hes> if it goes forward but i think gun safety reform advocates have that face the fact that the supreme court has changed has become more gun friendly <hes> and even if this case is mooted out. There's plenty of other cases that are waiting for the supreme court to to step in and grant shirt and it's only a matter of time thank you so much adam winkler and ilya shapiro for a vigorous lively and really illuminating discussion of the second amendment as you say there will be many more second amendment questions that will come up throughout the year and we'll hope to have you both on again to discuss them adam yulia yulia. Thank you so much for joining. Thank you thank you today's show was engineered by kevin kilburn and produced by jackie mcdermott research was provided by on over jackie mcdermott and ellie russki homework of the week dear we the people listeners please go to the interactive constitution on the constitution centre website the site and check out the state constitutional precursors of the second amendment. It's a little hard to find. Although after constitution date will be really easy but if you go to the interactive constitution homepage you'll see this thing that says interested about the origins of the constitution and how it relates constitutions around the world quick that or just google writing writing rights and then you'll get all of the state constitutional versions of the second amendment you can begin with the virginia declaration of rights which was <hes> madison's starting harding place and then for extra credit figure out how many states protected the second amendment as an individual right and how many as a militia based right at the time of the framing and if you figure.
"second amendment" Discussed on We The People
"He's right <hes> that the court will have this appetite <hes> to take up <hes> more of these types of <hes> regulations to to flesh out the right <hes> now that you know the speculation relation is that they weren't taking these cases because neither side could be sure which way justice kennedy would have gone well just as cavenaugh as you mentioned. There are several cases where <hes> he has has <hes> written in a way that i like <hes> to put it that way <hes> with regard to how to analyze this this right <hes> the the term assault and weapon is a <hes>. It's it's inapt <hes> there is no you know technically speaking the way guns are manufactured. There's there's not a designation. This is an assault all weapon versus. This is a hunting rifle versus. This is you know some other type of of long or short gun or or what have you <hes> as best as i can tell <hes> an assault weapon going back to the federal assault weapon ban. <hes> is something that scares <hes> senator dianne feinstein who was <hes> the ranking member of <hes> or the chairman at a certain point of the <hes> <hes> of the judiciary committee when the assault weapon ban was was coming through <hes> what the sorts of factors that under the previous federal federal assault banned under most state bans <hes> make a firearm into a so-called assault weapon. Are things like it's color all black <hes> whether it has a pistol grip whether there is a mount on which you can put a ban at <hes> whether there's the stock is the part that gets into era shoulder whether that's collapsible all sorts of different cosmetic <hes> sorts of things that do not affect either how quickly the a bullet can be fired how fast it travels when it's fired how many times you can pull the trigger <hes> in a minute <hes> none of these sorts of things <hes> that make a weapon more lethal are actually <hes> affected by its designation as an assault weapon and in fact where the whether whether you're talking about fifteen or other kind of popular <hes> rifles these are common for either self defense for hunting which by the way has lesser the protection constitutionally than self-defense does or any other reason that someone would keep <hes> a long arm these are fundamentally <hes> rifles they they look scary in a sense quote unquote <hes> but they are not machine guns. They are not what the army uses <hes> this is you know people talk about military style. I i don't even know what that means. <hes> unless you're starting to get into things like rocket launchers and tanks and and things like that i went on the colbert report the the old colbert obey report when stephen colbert was a sadness rather than having his own <hes> <hes> ernest <hes> at nighttime talk show <hes> in the wake of the mcdonnell decision and he he asked me so what you know what kind of a regulation is okay and i said no personal <hes> rocket launchers and so that's an example or as i alluded to earlier a ban on having a magazine that spits out just dozens of of <hes> or doesn't spit out but the contains <hes> you know thirty forty fifty <hes> rounds these are really novelties they <hes>. I don't think that's protected or background checks for that matter. As long as it doesn't fundamentally burden you're right as long as the background background. Check doesn't take weeks and weeks <hes> more or less instant twenty four hours away that we can have <hes> given modern technology. I think those sorts of things <hes> because they they don't <hes> <hes> burden the right <hes> that heavily at all <hes> would survive a strict scrutiny regime regime that looks at <hes> the tax in the history and the structure of protecting this natural right to arm self-defense one last point before a closing arguments adam there was a very explosive amicus brief filed in this case ace by senator sheldon whitehouse of rhode island and for the democratic senators. The supreme court is not well and people know it <hes> the brief states. Perhaps the court can heal itself before the public demands. It'd be restructured in order to reduce the influence of politics. That question was from a poll question. <hes> <hes> what do you make of the white house briefing. What does it say about likely <hes> congressional responses..
"second amendment" Discussed on We The People
"Well. I don't think we should get a hung up on this is what i meant by semantics <hes> even if you're talking about intermediates during the two step method that <hes> the second circuit has adopted that as i you look at whether the regulation involves the core second second amendment right <hes> and then you see whether it then you apply the myriad scrutiny <hes> <hes> <hes> if it's not <hes> to see whether there's an important a <hes> government interest <hes> that's <hes> that's close enough the way that it's <hes> that it's drawn <hes> if if even if we're talking about what the core right is i don't think you can in <hes> plausibly limited to just having a gun in the home <hes> the after all the tech says keep and bear so that means some sort of carrying some sort of bearing airing your firearm which makes sense <hes> people run into all sorts of <hes> needs for self defense outside the home <hes> especially <hes> people living in more or disadvantaged communities where there's higher rates of crime and and what have you or women wanting to defend themselves or there was a brief filed by the pink pistols they l._g._b._t. Community that's targeted for hate crimes. They all want to be able to <hes> <hes> to have the right <hes> outside the home so <hes> it seems to me that if you're going to go into this artificial to step <hes> analysis this <hes> the core right is keeping and bearing now that means certain restrictions like whether you can have a magazine that has forty rounds versus. This is thirty versus twenty at that point. You're starting to get outside of the core right of keeping and bearing arms for self-defence so <hes> again now i i especially for the non-lawyers listening to this. I don't wanna get too bogged down. <hes> on strict scrutiny versus intermediate scrutiny and heller recall <hes> supreme court didn't even mentioned what's the the standard of review of scrutiny is which is partly why we've gotten this mishmash of different kinds of standards or scrutiny types to apply lie in different circuits.
"second amendment" Discussed on We The People
"Our listeners understand ten why you believe that the text history and structure of the second as originally understood and as properly interpreted compel strict scrutiny. I'll note that on our interactive constitution institution adam winkler and nelson lund agreed that the central original purpose of the second amendment was to prevent the federal government from subduing the people through through military force and federalists and anti federalists <hes> disagreed only about whether an armed populace was adequate to deter federal oppression <hes> that that changed <hes> in reconstruction when people became more concerned about ensuring that african americans could arm themselves to defend themselves against racist mobs but what does that history history tell us about whether strict scrutiny as opposed to intermediate scrutiny is appropriate well first of all <hes>. Let me clarify fi that there might not be as much disagreement between <hes> me and adam on <hes> the the effective stress scrutiny. I do agree that a law that <hes> bans nonviolent felons from having in a <hes> a a firearm would probably because there's no real. There's no good reason to do that. <hes> other kinds of restrictions would certainly fall <hes> i i think the problem really has been that those course that had been purporting to apply intermediate scrutiny have been watering down the intermediate scrutiny there've been applying and effectively making it a rational basis that whenever the state or local government just waves it's hands and says public safety then the courts end up <hes> deferring we've seen that on the second circuit here but also <hes> the third circuit with new jersey laws that the ninth circuit <hes> going on bond frequently to overturn even when there's a panel that has a pro gun rights <hes> ruling doing <hes> but but in any event <hes> the the right i think has changed over time and you're right that you character the way you characterized i <hes> the second amendment <hes> at the founding <hes> that the concern was about <hes> government <hes> oppression and things like that <hes> in <hes> in <hes> in in the reconstruction era however and this is we have to interpret things through a fourteenth amendment lens <hes> <hes> this is kind of got into the mcdonald opinion extending it <hes> the right to <hes> <hes> to the states the concern had shifted for unpopular minorities everywhere whether that be freed <hes> friedman black friedman or for union sympathizers in the south confederate sympathizers in the north asian immigrants in the west are all sorts of people who <hes> were being oppressed us by their state and local governments not the federal government in various ways <hes> and being <hes> being disarmed one of the one of the first <hes> aspects of redemption <hes> capital are <hes> when reconstruction was <hes> ended through kind of a dirty deal with <hes> andrew johnson and and beyond <hes> one of the first things that states started doing an implementing the early stages of jim crow was indeed to disarm <hes> black people <hes> as well as putting in all sorts of restrictions on their economic liberties and property rights and what have you so i i do think it's important to look at <hes> that kind of history and the meaning of the right to keep arms the the natural right that was protected by whether you call it the due process clause of the fourteenth amendment or the privileges or immunities clause <hes> in any event <hes> that that that that history and structure is meant to <hes> <hes> <hes>.
"second amendment" Discussed on We The People
"Small arms range or shooting club as long as it's unloaded unloaded and in a locked container and the mission carried separately <hes> if that shooting club is in new york city <hes> and this case the challenger is in this case <hes> including the new york state rifle and pistol association and a number of individual plaintiffs who hold premises license permits in new york city <hes> seek to transport their handguns to other places so for instance they've argue that they should be able to take their handguns shooting ranges and competitions that are outside of of new york city but that's not allowed under the current law or under the previous rule that was in place or one up plaintiff claims that they wanna be able to take their gun to a second home they have elsewhere in new york state but the premises permanent does not allow that so they have filed suit seeking injunctive give relief allowing them to carry their firearms to these select places. The difficulty for them is whether the case is still alive. Controversy controversy are not when although new york did defend this rule through the circuit court and won a at the second circuit below which held that these provisions restrictions fictions were constitutionally permissible under the second amendment and other constitutional provisions nonetheless new york as realized the error of its ways the police department has rescinded the rule and not only because they have they rescinded the rule but the state legislature has stepped in and passed a state law that prohibits new york orca or any other county in new york from enacting such a similar law as a result <hes> the challenge here have really gotten everything that they wanted or at least formally requested in the case that is to say they can take their guns now to shooting ranges outside of the city they can take take them to their second homes and the injunctive relief that they have sought has effectively been provided to them by the new york state legislature. I think the case is undoubtedly moot now. The supreme court may nonetheless hold onto it because moutainous provides plenty of leeway for the justices <hes> but any opinion in this case would clearly be an advisory opinion about a law that is no longer longer on the books in new york or any other state in the nation yulia as adam says new york claims the cases mood and it doesn't want to file a substantive response. What's the new york rifle and pistol association rejects that claim and says that the city is not allowed essentially to change its rules after an appellate loss that frustrates supreme court review and therefore the court could hear it. Tell us more about the argument that the case is not right well. They have filed briefs. The briefing is is done at this point <hes> they make the point that the cases mood and style the rest of their argument is the former law and you know us <hes> verb tenses to indicate that this is a <hes> a hypothetical situation now rather than than alive case good good lawyering on on that part <hes> and as mentioned this is a prudential judgment by the court. It's not a a legal rule or constitutional rule. They're enforcing about when a case becomes mood or when a court can hold onto it <hes> the challenges ears are saying look..
"second amendment" Discussed on We The People
"Gorsuch, treat the second amendment can heightened scrutiny be rooted in texture history. Or is it a purely pragmatic judgment is Clark suggest? Well, it's clear that there is no history and tradition. Of course, applying heightened scrutiny to gun laws in American history. Like, we know that there's occasionally cases that are throw a strike down a law here or law there couple in the mid eighteen hundreds in particular, but overwhelmingly history and traditions suggests that court should apply a deferential standard to gun laws. That's a long as the lawmakers. Don't completely ban firearms or -ffective -ly nullify, the right to bear arms regulations should survive. That's what. History and tradition says a true originalist that looks as Scalia often did to the tradition of a right after it was adopted would probably take that a history and tradition. Pretty seriously. Call me skeptical. I don't think. Justice Thomas will approach the issue in quite that, y so I think if you look at history and tradition the answers a pretty clear in that direction. I also think that, you know, we have this perhaps exaggerated view of how the lower courts are approaching second amendment cases, we start with a baseline for we should recognize that American gun laws are the most permissive in the world among western industrialized countries. So our gun laws are actually not that burdensome and even places like California, New York where we have adopted some more burdensome gun laws New York more burdensome than others. But in California any law abiding person can still go out by a handgun by as many handguns as they want for self defense in the home. They can also by various kinds of rifles and other things there are some limitations on what they can do. But no one is really denied the right to defend themselves with a firearm in their home. And as a result are marika's gun laws are pretty mild, and they don't. Offend the underlying right to bear arms. So it's not surprising that courts uphold the few kinds of restrictions that we do adopt. And even then, you know in the DC circuit there's been a twenty two second amendment challenges fourteen of them have been successful. So that's a success rate. Sixty four percent, you know, that's got that's very very high level of success in the idea that the courts are just ignoring the second amendment or crew making a second class, right? Probably just doesn't really fit the data out there. Can we just take one final beat on the history? I always urge are we the people listeners to go to the interactive constitution and striking. When you look at the historic analogues of the second amendment only two of the revolutionary era state, competitions Pennsylvania and Vermont viewed the second amendment as an individual right of the people to bear arms for the defense of themselves or for purposes of killing game. The other eleven used the militia language, but at the time of reconstruction as many scholars including clear Calamar noted the second amendment was viewed as more of a individual or natural right that African Americans could use to defend themselves against violence. So if you were trying to argue to Justice Thomas and give him an originalist case for why the second amendment should not be a second class. Right. What would you say? Well, I would make clear that the people who wrote those provisions had a belief in natural rights. I think Justice Thomas does. Well, and so they would argue that the second amendment and the state constitutional analogs do not create the right to own a gun. They simply acknowledge it. And regardless of what the language of those provisions is regardless of when those provisions were added to the relevant constitution that changes nothing. Everybody has a natural pre existing right to defend themselves and to defend themselves, effectively, whether it's against private violence or violence from the government. This was a bed rock conviction that the founders of our country had and that the people participated in the debate on the ratification of the fourteen amendment after the civil war had. And so what I would say is that we shouldn't get too hung up on the wording of the constitutional provisions that protect the right to own guns..
"second amendment" Discussed on We The People
"And you say the principle that reasonable regulations are consistent with the second amendment has been affirmed throughout American history. What do you mean by reasonable regulations? Do you support sort of rational basis review? And what do you think that the text in history of the second amendment compel when it comes to the standard review review? Well, it's really interesting if someone like just as Kavanagh's really serious about taking a history and tradition approach to thinking about gun regulation, it which suggest that the standard of review the court should apply would be a reasonable regulation standard something broadly differential, and I say that because remember the right to bear arms is not just a function of the second amendment state constitutions protected the individual right to bear arms unquestionably an individual ride. Unlike the second amendment where there's been so much debate over the years, but these state constitutional provisions have been the basis of hundreds of cases, challenging gun control laws, and there's a very well developed jurisdictions of the right to bear arms in American constitutional law even outside of the second. Amendment and that Stanton standard that the courts have applied for well over a hundred years has been essentially a reasonable regulation standard. That's broadly Devorah it's not the same thing as rational basis review rational basis review could perhaps justify a eliminating all firearms. If it was, you know, rationally related to a legitimate government purpose and the reasonable regulation test and says that you can regulate arms, but you can't ban them or prohibit them from prohibit people from accessing them. I don't think that's the standard that the courts can apply that was argued in the Heller case in at least some of the speech, I argued one and biggest brief, and I think that's partly why the court has rejected rational basis review. So I don't think the courts going in that direction. But I do think it's really interesting that we talked so much about these standards of review, but they may not matter that much so we've seen in some states in recent years, partly as a result of arguments about the reasonable regulation standard in state constitutional. A couple of states have upped the standard of review in under their state constitutional provision for the right to bear arms places, like Missouri and Louisiana have adopted strict scrutiny standards for right to bear arms challenges. But what do we find in those states is that even though gun laws are being challenged in those states? The courts are still holding the gun laws. I think that that Clark is absolutely right. That judges when dealing with this issue tend to defer largely because the issues are tied up very intimately with public safety. And whereas Clark says there's no evidence to support the idea that any gun regulations work. I think that actually is a lot of disagreement on that. And it's the kind of thing that's probably best left to the legislature to figure out of the details without too much judicial interference Clark, what standard of review do. You think the justices should apply setting aside the pragmatics of what they will adopt and among the lower. Court decisions that are arguing that the second amendment has become a second class, right? Which do you find most persuasive? Well, I think that that whatever standard they stay settle upon. It should be something that resembles true intermediate scrutiny by that. I mean, a couple of things I the burden should be on the government to demonstrate that the challenged regulation, in fact, at Vance's some genuine governmental interest to go back to the so-called assault weapons ban in a park park, Highland Park, Illinois, as I noted before the court acknowledged in.
"second amendment" Discussed on We The People
"Nelson the me also ask you what you think about the constitutionality of restrictions on a socalled bump stocks which uh congress is considering if congress passes the restriction would violate the second amendment or not hi gowda um i got i doubt it would have been quite clerking may be it would not be struck down the accord power made it perfectly clear lunatic regard um a ban on machinegun perfectly okay good analogy for that particular vote would quite clear in their however opinion at the bump back to the extent and i've never heard of him before the latest massacre on because i understand it they are unable on my automatic weapon to function it fully automatic machine gun their vermont why could and i have no doubt that the court would uphold bath and i got out that uh anybody is going to go a who worked up uh regulation by understand of even be in a hurry and um but comfortable with avic having their regulating coldplay complete turn up via a big issue if i could assess one more be do you think that the court should have held restrictions on bump stocks what analysis would you use in of holding them yeah i i think probably go um and you know i go by big have of i ha ho prime han complicated legal quite from pulled out period will do a whole amalluk who but the amalluk who could i faked court you've had quite have the right path.
"second amendment" Discussed on We The People
"But i do think it's a mistake to argue that the blunting the second amendment precludes is disarmament i think that needs to be qualified we know for a fact that both the state and the federal government engaged in pretty major largescale disarmament of the tories in in in the purity the american revolution you had to sign a loyalty oath in most places or you were disarmed so the notion that somehow the second amendment is a barrier to disarmament is actually historically not accurate in fact the the the assumption was that you had to be a loyal citizen uh or you could not exercise a right to own a gun so that actually create something of a conflict between the sort of right to own a gun for selfdefence or hunting or or pest control and the right to bear arms because in pennsylvania in particular there was largescale disarmament of parts of the population and that was absolutely necessary nephew of the revolutionaries or they wouldn't have been able to uh you know emerge victorious nelson your response to that are high of that i am simply not aware of any federal law i've never seen a federal law that goes arm core home i mean i'll be glad to learn about prapai who have never heard of cooked law one more beat on this solemn and you'd what's the implication of of of all this for the modern debate well it seems to me that as long as it been guns in america we've had regulation on fact gun regulation has gotten got stronger in the decades after the second amendment non weaker the notion that the second amendment poses any barrier to a reasonable gun regulation of course i think makes no sense there's no right in our constitutional tradition that's absolute all rights are subject to regulation because the founders of course were interested in ordered liberty they were not interested in my sensuousness they were not interested in energy and only in a well regulated society that was one of their favorite terms could you actually have liberty so strong government is in fact the the prerequisite for liberty not it's antithesis and that means gun regulation.