KJCE 1370AM>Audio on Demand>>Come And Talk It, 02/19

Come And Talk It, 02/19

Feb 20, 2017|

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Automatically Generated Transcript (may not be 100% accurate)

It's time for comment socket with your host Michael Carr guilt. Brought to you by Texas law shields. Over the last decade Michael has championed and supported the rights of law abiding Texans to own and use firearms he is the owner of central Texas gun works a veteran of the united states army. And as the chief national exposure and such prestigious media outlets such as Forbes magazine. Fox Business news CNN money AOL BBC world news Huffington Post and the New York Times. Cargill vigorously defends lawful gun ownership in this country without regard to party politics and now here's Michael Cargill. After new Austin, Texas is the Latin music capital of the world let's praise the lord and pass the ammunition. Take on the show we won't have a Harvard law student and gun rights advocate James courtrooms two years ago. The lawsuit against the state of Texas and the Department of Justice so he could purchase a handgun and Eddie teen. And get a handgun license to carry it. As a result of trying to bring about change the correct way. He was criticized by the Huffington Post and accused of sounding like a mash shooter. And had pictures and quotes with little to no context whatsoever. Posted in the article. Now Josh Horwitz who wrote the article. Also just happens to be the executive director for the Coalition to Stop Gun Violence despite the constant assurance. That actions of gun control organizations for benefit of the use of this country. He who writes in article targeting an eighteen year old who is standing up for what he believes in. And getting involved in the legal system. Now. Let me let me just trying to paint this so you understand what we're talking about and K so long. This young man was eighteen years old and he's trying to get his. Okay finish tried to give his down. Be able to purchase a handgun. Legally and a gun store and he wants to be able to get concealed handgun license and this is back in like 2011. Get his handgun license so he can carry that done to the state of Texas. Now let's an interesting about this gay right now if you're eighteen years old you're 1818 or twenty years old. I you can't buy a handgun in a gun store and K you have to be 21 to purchase that he and then for emission flooded in gun. So. Him but think about this now. But if you're 1819. Or twenty you can actually. Joined the military and die for your country. We guessing about that. He being eighteen and after your country but she can't be eighteen. And actually buy gun in the gun Stewart. That's because you because some of the people here that are just so against guns and wanted to defend themselves. Even imminent over eighteen. Has just yet it's just this is a pretty wild to me you're we're talking about this earlier. This week June 9 yes Merck and is this is just crazy in the eighteen any dashes are astonished if I'm understanding you go fight root for your country and you cannot retire exes. You can you can fight for your country can die overseas. For your fighting for your country but you can't you know purchasing he and Dan. And you can't even drink either. NT 21. Nine IE still live in a growing up my parents owned a restaurant and Jacksonville, North Carolina. And at that time the drinking age was nineteen and then they changed it to 21. And it was a military town Camp Lejeune pool and so many Marines would come in complaining and I can I get it does it make sense that you hit. You're issued a gun and yet you can't go. He can get a license. And you go fight for your country and you can't have a drink frank. Advice you're considered an adult that I. Had an idea as simply something that's definitely wrong with that. What are your thoughts while mean I think it's just it's the same kind of crap that we see from the left all the time I mean you're having there having this. Guy who is I mean he's on just some reporter from the Huffington Post like I mean he. This is the executive director for the coalition some gun mount he is he is the anti again Q meeting and he is yet exactly and he's coming out. You know basically attacking this kid I mean attacking this kind of too much toward but I mean he's he specifically targeting this kid. And saying here basically just handing it over to the rest of the people may like Jericho you know how fun is this like yours always out of context quotes. Here's pictures of him here's his name. Like it's ridiculous at the same and the worst part about it in my opinion is right. I mean they're so much crap that we see now coming from the left with especially with the inauguration of trump. But this was back like six years ago 67 years ago when it was still apparently now it's not any moral when you still consider inappropriate to do this kind of grow. We're talking about you know eighteen year you're trying to do the race saying you're a PC OK we'll something's not right with the loss of what are we gonna do is I'm gonna get an attorney. An attorney in I'm going to follow lawsuit in trying to get change I'm gonna fight it. So you would think you know OK let's see what happens instead of seeing what happens the outcome of the case he actually writes an article in causes kids back. But up poster child for school shooter brought. That that's different status in that. That affects you data that affects. You're around your drive better picture stink eighteen years old you're saying hey you know you're in you have all these articles now. You know there's like multiple articles from you know from other. Different outlets does say in the same thing now and and that effects that the way he you know what if he wants to get a job run when a Google search just this kid you know they're gonna see that. Yeah I mean it's impacting his life like as much as again like these organizations wanna claim that they're for the youth of this country and they give a crap about the kids in this country. What are you doing to this kid I mean. Like you've done more and to turn him into someone who would be. Impacting. The culture in the community and a negative way by just writing this for an article about I'm not calling amount of from a whole bunch of people ones I mean. I don't even agree with a lot of the stuff he says but it's. He's a kid I mean he's well he's eighteen year results at the time at the time yes no and now he's proved him wrong about all of us. It ends in and Josh Horwitz you know just so everyone knows we did reach out to you. They Coalition to Stop Gun Violence I did speak with him twice today to try to get Josh Horwitz on the phone. Do you end to get their communication director it's actually speak with us on air. And they need guild refused to talk about this topic you know they refused to talk about this topic probably because. Now listen before it to 2017. I mr. James a cruise is Nell in Harvard Law School student and he's getting ready graduate in May. So now you just proved that totally wrong. He defied the odds say you know what even though you guys gonna paint me as this monster. When I'm not I'm trying to do the right thing. Guess what. He goes to Harvard Law School he got into the school that mr. Josh always the person that wrote this article could give this team to huh. I hate getting getting into the school. But instead so James gets into Harvard Law School and now he's gonna graduate this today. So let me welcome to come and talk didn't James accrues James welcome to come talk to serve. I think Brad and outstanding act act so you know that's that that's a heck of a story nap and I followed you every sense. You know this happened back when you're eighteen years old how you know. Andre you know I'm the guy getting ready graduated from trying to back taxes and how old are. I am now wait for 24 okay then and end you know we actually became friends on FaceBook we are eighteen when this actually happened. You know back when you were in Lubbock Texas and I believe you're tending what Texas Tech University. Get short Harry and then you know and when this all started now he tell our listeners you know what accede what. What made you want to file this lawsuit in the first place when you're eighteen. I mean so I was involved in heavily and had a junior reserve officer training corps. With my high school I was on the market should team I had competed for the national. In the national competition. Opened up in Ohio at the CNP range. You know I've had always been pastor about firearms and marksmanship and somebody had brought it up to me that. You know. Eighteen year old should be able to have the same right as 21 year old. India to protect themselves and that this was an arbitrary. At age requirement that should have no basis in. Anything really. And after the shortly after that the National Rifle Association restart clean up are the intrepid a but yeah of course. And the rest of the day is history I was contacted by the lawyers send. I went all of my life until. Huffington Post article other articles broke wind and quite ten when I was tight end protect. He now I'm trying to remember back who was that before after the state of Texas. Decided that. Wait if you're eighteen inch and twenty year in the military your eight year. In the military in those ages you act she can't get a angle licensing Kerry got was that before or after that. Our typical four that's what I thought can be as a result of your case. Then we cheese a law on the state of Texas is an okay now if you're in the military you're at Texas State guard National Guard reserves active duty very. You're associated with the military. You can now and get a handgun license at eighteen may turn twenty and carry guns in the state of Texas. And so we actually have yeah we we we need to thank you for that. Well I mean I think it's just one step and you know military people disappear the military early one portion of population. And they're still you know. Millions of eighteen year old who are not simply with the military but it's still have the right to put themselves. Dead man and it's funny because you know that I did reach out to you mister Horwitz the one that wrote that article. In the Huffington Post about GA. And mr. Horwitz you know and he is communications director refused to come into the showed a dad actually got a chance to talk with them twice today on the phone. Now on a Sunday and they refuse to come into the show because he didn't. Feel that he was educated enough to the skin you know that circumstance he wasn't a part of the organization of the prime minister or with wasn't returning phone call also the communications director decided. That's declined to come on the radio show to defend that article that hateful article that they wrote back in 2011. That's that's a shame I would love to talk to mr. Horwitz and out you know that article another other articles that he may this had to write about me. Can't just present mr. Boies is a little coward and fish and he's just well and he's really upset now because you know you're you're gonna graduate from Harvard Law School. Now I'm very proud I am proud you because you became in Ari instructor he not you know I've been following you. He became in our instructor and veer from that. And now all year you're going team you know graduate become an attorney and I I'm assuming you're gonna help us. In fighting the good fight. Four. It's more again her rights. That's the dream of I could find law firm that doesn't program. Stuff and a large scale I would join in a heartbeat he. Look at the depth we gonna have the NC she tee I'm my friends at Texas loss at Texas a US law she'll because I'm sure they can use another bright attorney. I've joined their ranks so would Def now the reach out to Texas US law she'll lose my law firm. Who's accede the ones and I turned T when it comes see any gun related you know. Incidents what's her again toppings whatsoever so deathly reach out to them and see if they didn't think they have a position available for you. Glad district court if we raise the Harvard. I know a harbinger had in and that firm. Great right so now let's talk about year round that your paper just a little bit because. I read a study read and get to the entire thing. And as a result of what happened to you you act she sketchy road something and I believe this was for school correct. Yet to start off. We if you winter course here. In January. And so it start off. I that I was under the supervision of professor mark caution at. Who's written a few books and articles on firearms mostly when he collapsed. And so I. I posed this question to him about you know the arbitrariness social girl rifles. And propelled shotguns and so we went from there and there was CI. Turn into a bigger project than I had thought and that I was offered to have a published by the journal Harvard journal of law and public policy. How well it's OK so we come back we're got to get into that in getting to actually what he wrote new details of that and and how that you know how that no house a working now. But will we come back first what I wanna talk about is a wanna talk about. How old. The article affecting you will be able to get a job how did you get to Harvard Law School in the first place frigates all those details. And talk about how this you know how the anti gun community how they really work. When he comes to people that are actually stand enough for people that are defending their second Lennar ranks and all their constitutional rights. This is Michael Cargill and you. Aren't listening to come and talking. This is the boys' junior executive director of the Texas State rifle association. You're listing to my recurring yearly income and talk radio. Welcome back to common socket and now here's Michael kargil. All right so we're back you were talking with the hardest loss by student Jacob Cruz a politically J. D. Drew. That okay. The six of course carry awesome so we're talking with that. Ill ul a lot happen when he was eighteen years old this guy's a champion. He actually did a good fight of trying to get some blue laws change in the state of Texas. Tried to fix is sold than the FB eighteen years old he. You know you're old and up adopting your country you should be old enough to purchase a handgun from a gun store. And thanks to his actions. Follow that glossy with the NRA and against a state of Texas and also follow glossy. Against the department of justice and that that was with the DOJ Wright. They're repeat yes ATF OK so far that lawsuit against the ATF. It was we actually. We're able to change along the state of Texas and fix it so that. When you're 1819 or twenty years old you can actually. Did he go licenses and be in the military Texas State Garton ash a garbage surge in very that associated with the military. And be able to get that he and again if they get being able security handgun he still can't purchase from a gun store. But cheeky and lease you know get the handgun licensing here the handgun. So make stressing that Iraq. Tyson would talk legit cruising use Harvard law student and so. How did this. Huffington Post article affect you in and trying to get a job then you're you're job search. After at our tech university. The money I don't I mean I try not you know attribute any. Belliard I have you know Josh or witnesses to article frankly I don't really care for what he said or are. And though we no we really don't wanna do that much training its. Yeah. However I did you know I I did experience you know a lot of strange and you know negative. Feedback. From that. So I mean many of my friends who I had grown up with a god elementary school. Junior high school and high school list. I stopped talking to me. Pretty much immediately after. My a neighbor had purchased a house and I was. I was renting a room from him and I got kicked out that. Because his police buddies at Texas Tech University told him that it would hurt his future police career. Being associated with me. And then after right tree I've transferred to court and not university in Miami and I would search by the police there. Twice once. It was in interrogations dialed it brought me into the the allowance on the floor that I lived on. And errors. 56. Of them. Somebody at that somebody on the at a table with me and they interrogating me and ask if I had any firearm marrow met if they could search Cairo. Court told me to bet awards because I'm human rights and a few weeks later they searched my car. And yeah I mean it's come up and every job interview at pat. Are almost every governor you I had I'd. Recently had wanted to didn't come up then and those who don't and if you can range from everything rate from hiding the fact that they you know Google mean. And kind of beating around the bush to use straight up asking needed. To tell them but I'm not creative person. And you know he's he quotes in the I was it was all it's. Stupidity me putting those staying on FaceBook. How many of somewhere quotes from books and movies and friend and stuff but you know it was a big game to hit a game got Horwitz the ability to paint me as a crazy person. Hey shows that you know in it shows that people we years. When you're younger you you don't realize this you know event. The things that you post on FaceBook on Twitter you know social network sometimes that stuff can you come back to hunch a little bit you don't realize that. You don't realize the effects of that. And in games it's unnecessary and you fight and that's our that's a really. Pisses me off about this article is because the fight. I mean first off you have to born around people every once made a mistake in their life their once made a bunch mistakes in their life once and whatever else but these mistakes that you. Then you've. Singles Jose and that's a say it's like these are so tiny eastern late quotes that he pulled strain on a context like. From with. With nothing around it and just pulled the words are and a lot of arm even reading it here because they're listed on the article a lot of rumor completely innocuous and they're not even if they're not and referenced you. Oh I'm gonna do this or this or anything like that it's ridiculous. For him to take these words. And attribute a certain motive to you. It's insane and I mean especially to do it somebody who's like. I mean you we've president establish you're eighteen you're an adult but it's like a go back through his history and what would we find there. And you could take everything out of like from what he said out of context. This is ridiculous. And seen Elliott some good dough this and they're getting Killian. No I didn't killing Dowd it's gonna make you stronger is gonna make you the person you are today it it's it it may June. In that person I'd say you know what I'm not gonna stop here I'm gonna continue on I'm gonna become an in Arian struck they're gonna continue on. I'm going applied to Harvard Law School I'm gonna continue on. And now I'm gonna graduate from Harvard Law School I would become one of the best attorneys in this country. So we'd like to thank you I Percy want to thank the guy you know because you or B you're gonna become. His number one bowl on his blood in I think that's awesome. I really. Night so now so tell us die so let's change gears and let's talk about half cocked and what is that. So that's my paper that being published in the journal club policy at Harvard Law School. And it did is not is analyzing the. Benefit the national firearms act of 1934. Which are for two courses the NSA. And as well as ATF regulations. Regarding the NSA they send that team. It's a let's let's go let's go to the introduction you know what is script. Your introduction what does that all about. So. A princely way I want to do an introduction was the start off with it's it's a simple hypothetical. And he kind of draw attention to how. Period that these regulations can be and so we start off with. You are a random guy John doe. Who goes to a local gun store he wants to buy an air fifteen because of course that's the most popular. Firearm. Averted a minute you've got a military. So honest so course when he gets there he says. You know they air cooking crystal it's smaller it's more impacted. Feel cooler for whatever reason and she wants to purge that want you to background check he pays his money. And he walked up the door with it. Further the purposes and struck. And too many public that he. He had to let everybody else when they get a new toy here and you firearm they want I actually thought that they wanted to see what they can do it could make it you know work with them. And so here. Key. Look I'll mine he gets a four grit the vertical board grip and dad he put that on his pistol. Then he faces ten years in prison and you can double nullifying any forfeits his firearm applaud the right to any other firearm. He's okay and that that's how the introduction he goes and then you go into the history of the national firearms act of 1934. And a lot of people don't know what actually. The NFA the in if the act of 1934 was so I wanna have you explain that to us. Yes those would be the act of course came happy and prohibitions. And instead of congress including the prohibition violence so you know Al Capone John Dillinger. Machine guns detractors which they called silent there's. Corporal rifles corporal shotguns and what they call and any other weapon. They originally also had the people's lives and revolvers on the slick is well and they were taken up the last minute. For the athletic attacks 200 dollars which today would be the equivalent of 3582. Dollars and nineteen cents. Cool and that that amount hasn't changed since 1934. Yeah and that's what people have to understand that that amount has not changed is 1934. Kept. And that's with a few hundred dollars less than buying a car at that time right. And you need to make you a lot of money off of the art of court. Yeah okay in New England team. So. You know that the NSA I won't bore you with what it did the corporate side. But it it originally it started with if you short barreled rifle sure they'll shotgun it is. Any firearm less than eighteen inches. Or earthquake six inch overall experience overslept and that is you have to pay between your tax stand. You have to register it fingerprints all that fun stuff. And then. It also the fight you know I had to any other weapon category which is. You know I'll read it for you it's it's confusing and convoluted. Do it any weapon or device capable of being concealed on the person from which shot can be discharged to the energy of an explosive. A pistol or revolver having a barrel with a smooth board designed or redesigned to fire six shots and show. Weapons with a combination shotgun and rifle barrels twelve inches or more or less than eighteen inches in length. From which only a single discharge can be made from either barrel without manual reloading. And shall include any such weapon which may be read earlier scored a fire. Such terms shall not include a historic ball over having a right school boards or rifle boards. Or weapons designed to be made or intended to be fired from the shoulder and not capable of firing sixty ammunition. Go get him in every problem let's back up just look big because. And there are some changes made after 193601286. Pounds in 1934 and and thirties yet some things hasn't. Yes so in 1936. There's an exemption for 22 caliber rifles. And they could be. They're drilled to duck and a sixteen inches and that would just help manufacturers. Because tweet to cover rifles were not used by the criminal element. In that in and then I 1968. As a result of the assassinations. Robert Kennedy and Dr. Martin Luther King. Came something else. Yep so at that point. We the congress enacted the gun control act which still whole lot of other things. But it also lowered because school barreling for rifle. Just sixteen inches it did not beat up for a shotgun. And then define what handgun was switches. How. We're able to get air fifteen pistols. Handguns. And then so did in 1972. Something else changed. Yeah I a in 1972. They alcohol. And to not put it Activision. The department of treasury transferred its huge to eight yep and it was attached to department of justice and that is due at nauert but now regulates. The national firearms act and individual act title to. Okay and then in 2002 and you know I mean the whole balance security dirty act. In which time I guess everything falls under that now sort of exactly which is kind of weird and Jimmy Homeland Security of Department of Justice he had viewed. Yes this is true we have all that stuff works department chair injury. You know so. OK and then now because usual challenges of the NSA let's talk about those. Yes so I mean obviously the big build ever and a big court case every note about his United States V Miller which won the first. Cases you learn about in the law school. And that's jealousy with Liz what are you niceties as you. Yes so it upheld the national firearms act of 1934 a constitutional. And what they did the court said what is. That. Jack Miller and frank Layden who transported. Short barreled shotgun. Crossed state lines and were arrested. That's because the circle shock and has no purpose in a militia. That is not protected but a Second Amendment. And therefore can be regulated. I don't by the national firearms act and by congress. And so I mean what most people don't know is that Miller was let go. And he never faced any actual criminal penalties. His lawyer. Was only doing it pro Bono but during the chase pro Bono so free of charge. And he would also embroiled in political controversy and decided not Coke or with the case because he couldn't get money for it. And so the case proceed to the Supreme Court. Which know. No one. He's corporal rifled a lot though it was decided in favor of the government that. Triple rifles are not protected. Wow now and that's important no because this guy did not have legal representation. In this case with the Supreme Court. So of course you know there's no one argued that side so of course he lost. That's kind of course the answer that's pretty crazy. Right so I'm sorry I am right so we're talking with edgy decree zoos. Is it a lot our law student at Harvard university and we're talking about his pay for half cocked. The regulatory framework shall barrel firearms. Are calling number is 512643. Lives that's 5126435483. I come to talk. Fred so so. My dog in a 1939 the government appealed the Miller directly to the Supreme Court. Conflict you have to lose that. Yes so this is where would you agree with Supreme Court which is what you're seeing. Yeah I he would do it this tree court no one from. Miller's fight showed up so Miller was gone his lawyer was gone. And toll just the Fletcher general. Who had filed a brief to the Supreme Court saying that Turco rifles should not be a protect about a Second Amendment. And that is the only thing that the Supreme Court look at. When that it had a case. And so the super or they didn't really I mean didn't take that into consideration in this guy really didn't have an attorney. Fighting his side didn't end and try to work with him a little bit. No I mean that they still for whatever reason that I am public there was a political but there was an issue that. Had standing before the Supreme Court and they just decided that the country nobody presented evidence. About short grilled rifled a triple shock on how to militia use it which they did at the time. And and that but no it's and nobody provided it there wasn't in there what they called judicial notice and made upheld the act is constitutional. Look at it we come back from the break we're gonna talk about Heller Heller wind and how. You know what was the result of that now how does that all come about what I could get a crews were talking about. Half cocked how we're talking about Harvard we're talking about got a race for talking about the history. Then ranks in America this is Michael Cargill and you. Our listing to come and talk. He's not ready you listen to come and talk radio what Michael Clark. Welcome back to come into pocket with Michael kargil. We're talking all things firearms. Now here's Michael kargil. Now it's time for GG in global and needs just one guy new sponsor by central Texas gun works. The largest online guns stored in Texas. In the knees. Illinois senator files against full eat. Senator Neal Anderson filed a pair of bills in the house and senate of Illinois earlier this month that would repeal the firearms owner identification act. Illinois is one of Jess a couple states including New Jersey. Massachusetts. And Ohio that requires a citizen to obtain some type of firearm identification card. Before purchasing a firearm. Specifically in Illinois and if you choose to buy a firearm or ammunition you must be in possession of B 48 or firearms. Owner identification card. So if they citizen Illinois and warrant to purchase of firearms. They would of course have to pass a federal Nick's background check just like in other states as well as presenting their point card. Now senator edition and some gun rights advocates argue that before and Carty is an unnecessary. Redundant. Ballad dream for Illinois insert looking to purchase of firearms. Illinois gold. By the fire I have to go to the same background check with. Position actionable cardinal. The cards act like a database of firearms owners and last year it was reported that. State police revoked more than 111000 cards but more than half of the card holders were not forced to give up their firearms. Legally speaking the person would they revoked card he is required to inform the police and exactly how many firearms they have in their possession. Then forfeit them over to someone with an act of Ford car. The process has been under scrutiny in the past specifically back in 2012. When state Brett more Len called for an audit of the process. Now the issue included. Court clerks not submitting mental health court orders to the state police. And in the case of three counties in Illinois 46% of the reports had missing necessary information. Including age gender or race. All so they had complaints of linking delays in the process. Fleury low except his percentage import customer service with the call log of 2010. Showing me 85%. Breed of abandoned calls. Over in Massachusetts eight G works toward gun safety. The largely. Anti gun Massachusetts attorney general Healy teamed up with Massachusetts medical society. Last week to inform patients. And health care providers about gun safety. The collaboration between the attorney general and mass mid came to fruition in the form of two information pamphlets. One outline the recommendations for health care providers to discuss firearms with some of their patience. The pamphlet specifically state that most gun owners are knowledgeable about gun laws in our committed to gun safety. Much of the data in the camp list details laws regarding relevant law. But none of the information is presented as in oracle data on suicidal homicidal debts dealing with firearms. While the information is obviously supported by the EG's office. And the mass mid society along with two state law enforcement organizations. There seems to be no support by any gun rights or gun safety organizations. And no basic gun safety tips or standards. The other apparently targeted a hypothetical patient. In titled gun safety. And your help. He tells almost exclusively ways in which way. You may read yourself all the firearm. For ways to make it significantly less accessible. And again no gun safety rule understand is normally address. But I got known Irish league generates organization gold. War gun owners action league of Massachusetts. Has pointed out that. Not only do these pamphlets not have the backing of gun safety informed grouped. It also helps complete gun deaths with suicide. Both of which need to be addressed differently. Pink pistols in Orlando. In the wake of the mass shooting at you Orlando nightclub. More unsuspecting individuals are turning towards firearms for self defense. We saw that gun sales continued to rise even after the election results of Donald Trump. Partially DT the amount of people on the left side of the aisle purchasing firearms potentially from a fear of this new administration. They're pro gun LG BT organization pink pistols. Thinks everyone should have a right to defend themselves and is targeted specifically. At the LG BT demographic. In gun safety advocates seek. The chapter was started by in our instructor Joseph Martin who is not part of the LG BT give demographic. But was asked multiple times about starting a pink pistols chapter. Some students of the free classes had this to say. It affected me no way I swear I felt like I you can never go anywhere BC news today as events keep happening any cease upon news. I'm inching closer and closer to actually owning a gun yes. It's terrible that it takes a horrific attack. Like the one in Orlando to get people to understand. How vulnerable you can be and how important it is to fight back. But hopefully some good can come out of something so deeply disturbing. An export friends Valentine's surprise. Now just days before Valentine's Day one ex boyfriend who couldn't let this woman go. Decided to break into her apartment. As 27 year old Eugene LaBelle was breaking into the apartment of his ex for whatever reason he definitely didn't get what he was expecting. Well first at 531 man is in the hospital after being shot while breaking into his ex girlfriends house that's according to police. Thankfully the woman who wasn't forced to have the impact of his death Warner hands. He was taken to the hospital and is expected to recover. Now the woman was of course taken in and question but is not facing any pending charges. Unlike the attacker who will most likely be facing charges when he is released and that is. All the good news reports this week of February 2 dollars and seventy and is usually. Okay. So while the new playing with I guarantee you eighteen. Heated debate. About constitutional cheering for. This debate the grill pretty much agree yeah Korea or agree that that there's some things they does not matter rank and cancel let me ask Justin. Most I get a race just and so how to build Golan who with them. How does that build come along and it was Donna. Stickler HP's recently Favre is coming along great it's just been appointed to the homeland security committee and representative Phil king as the chairman of the committee. And he is already totals he's going to give us a hearing on the middle. In the case Cellini people today we need him to are to call mr. king. Right call his office thank you if you give me 12 Iowa look at the numbers there but also follow what veterans are lower part of another guerrilla was a producer. 'cause I'm so there so there's another bill that was in it is it's is that house bill is house bill 1911. 1911 okay it would just supposed to be a constitutional care bill as well it's not. Content and what EC is not a constitutional care bill I call it a privileged enough to carry bill. It's what EC that will give me 12 fill king. So that we need to call so we need to contact hills he didn't have it up I wanna go ahead and in and get our off so kings information so the book and go ahead and make that call Sony still key we easy to call still keys office to let him know that we need to Breen. Easy re 75 and also some other good bills that are out there we need to bring them up and been easy counters teary here's another thing the bill author threesome he Favre says that if we get it to the floor and we and we get we get the bill to renew to a vote. Jonathan said he is foreign amending his total includes all of the stuff and it didn't you sit still king is the easy chair what committee. The homeland security committee OK and that there are a lot of good deals is that EMS mill does first responders that means that first responders will be able to use Kerry whether working I think that's a great deal. There's there are good deals and out figure out what is fear you decide one day clearing out here on my way up the matter are out of all the bills during now which one is going to have the most impact. Yeah I think all the FiOS with the there's one medal now going to affect more people on the other I think they oldies I think. Recently 53 semifinal is going to allow way I'm gonna show you all of a little modernization. Does all of them the recently five at the end of the day is going to allow way more people to care than those current reset if I was not gonna help me if I decide to have a couple drinks and I wanna put my my gun somewhere. Noam and again are told you the bill author about. Has already told me that if this bill makes it to the floor can add that as an amendment. We'll start adding amendments animals are getting votes on these things because a lot of these bills and are gonna come out of committee in you know that have got so the way we're going to do this is that we get this recently filed before. We'll go ahead most are at a news amendments we'll start seeing more people stand on on a lot of these issues look at print so. Keisel philippines' number. Called his office at 5124630738. And go ahead and and and check out nonstarter on our it's our FaceBook page because we want you go ahead and keep calling this every single day. Until we tell you exactly what's going home on the bill until until he guarantees or or schedules hearing. Go ahead and call his number every single day and what's his phone number again 5124630738. Campbell put that will put Denham FaceBook in the U sued Intel let Timmy why more down we're gonna put that unfazed foothold dun know where it's almost fair game in what is again 51 team. It's 463. 0738. And that's represented a still Kenya and he has already told us he will give us a hearing and he is already beginning flooded with calls for 375. Even before it was in committee was getting calls work as we are he knew he was he was going to be the committee chair. Okay all right so we get done on men and pro gun bills so they can have a hearing. Yes or just to vote honestly. Okay now there's another so called Custer appeared bill that's a house built nights eleven has been followed by who. Yet that's not constitutional carried that's we're right and assist non not claim that it is it's it's privileged enough to curious what this is called and this is so this is being carried represented James White. Who is also signed on to HP's recently five. But I find it kind of thought that he treats recently five has been submitted since November and all of a sudden literally less than a week ago they decided to to bring this fellow and submit this duck. What is the difference between 8375. NHB 1911. Well in simple terms threesome be fine if you're legally allowed to possess a firearm you're legally allowed to carry the far it was in the state. OK so you're in opera prohibited from owning a firearm you can carry it's very openly or concealed within the state an SHB 375 HB threesome and five SH three nights eleven. It's been 1911 what do we do is it would it would. There are calling it legally legally allowed a disaster calling illegally authorized in the bill language when you go to look at what what legally authorized means there's thirteen requirements that you have to meet in order in order to be eligible to carry where those thirteen. Well. How does our troops out front and the US please tell me what is thirteen from Taft. Great to authenticate and give it to me it's. Obviously. Three is a legal residents say it was a lot of these are rating thing so for example is a league record resident state okay. At least six months correct. Yes six bunkers a young is anybody's moving near your nominee to carry until the until you've been here for six months fairly CH is we will determine that. You don't when you pulled about police I determine if you've been here very can you tell me it's okay go ahead. So Lee's agent Tony one has not been convicted of felony. His own terms with the commission of ARC notice of one of the agency wants our class they are class this is charged. But the class air class Bemis hold on music chart our victim associates charged with a class or class B misdemeanor just charged. You lose your gun rights and I think they're gonna lose is context so like just in what is a little lasting easing class days. Why can data class knees are not very hard to commit to actually Tuesday it. Just getting charged for disorderly conduct which could be the abusive indecent profane or vulgar language. That is insightful. Offensive gestures so if you give somebody the finger in your your in the vicinity of a police officer Russell might die if listen went off like underneath all this and now you need me just now that's that. I don't know. He deserves it he's like I did not but now basically if you do charge without you closure rates for five years ago and I'm here in five years so under this. How spill in 1911 if you get charger one of these things just charged yes he illusion gonna rates for five years now. You will do you will be sure your rights back as soon as you go to quirk and you've been proven not guilty which could take awhile which could take years right. I know from personal experience zero Y generous in the capital were. For a for carrying a black power revolt brown lost our rice during those through that period class and I took you onto the little three year cab so. And fought in our future convicted he'll be five years and if you're charges gonna take the entire time from from when you're charged. Two when you're putting missiles yes okay. Wow that's crazy. So let's see what else we got here on. Well there's still the is not a chemically dependent person what do which leads back into you know later on if this what do you costs. Later on and say we get medicinal marijuana here and say we get. Those I'm coming over and Alaska they have the same problem where people who can we have it here on the belief Charl a background check it's people who. Supposedly are addicted to marijuana. Which is an offense from. Our again they have their rights restricted just because of that plane thing right there it's. Ridiculous but glad to even technically if you look at the new 4470 threes are not a lot of marijuana. People that smoke marijuana are not Russian legal legally allowed to possess. It's a hole that aren't gonna talk about that we're gonna fish talk about that we're also gonna go back to you I did a cruise and talked to him. About you know what's happening with downs in it and Harvard and also got to talk to him about a half cocked this is Michael Cargill and you are listening to come and talk it. This little old war. It was due to come and talk when my. Welcome back to common socket and now here's Michael kargil Neitzel were taught in them now. Have content regulatory framework of shall barrel firearms. Problem before we go back to and JD craze we get back to James and I would talk it would just enough about this house bill NATO lemon at what some people call a constitutional Kerry deal with our act she you know as I'm reading this bill now I have some problem with. You know my biggest problem is a needs is sales tax so I don't you tell me. That if a business owner. Fouls or sales tax late. They can lose again ranks. Yes one of the requirements rank right here number ten on the requirement says has not been finally determined to be deemed the link well this is a child support portion that's another bad thing but. Number number eleven actually has not been finally determined to be delinquent in the payment of attacks or other money collected by the comptroller. The tax collector or political subdivision of the state or any need to see or some division of the state. So I guess. Nothing other people are reading this they don't realize that summer movie is that goes. The person responsible for. For this bill let me UN re number ten as well number ten would disqualify you as well has not been finally determined to be delinquent and the making of a child support payment. Notice I said payment they're not payments. One payment. You illusion generates administered were collected by the attorney general is a pro got no relation or anti getting residuals going on here and let's Adam like this I don't you tell me in my off our nose and each beat recently five has been submitted since November. And all of a sudden the Texas the rifle association wanted to come out of this bill for whatever reason I don't know I don't know why. Why they couldn't just just just help us push these guys are like little song you know. View rule you know fuel bank shall support. You've become delinquent by one day you can leisure Dan writes in Texas yeah here's my question to the police officers now any anybody BC open hearing your anybody who's caring and gonna are they gonna detain you until we find out whether or not you're behind on child support or your doctor if we charge you would be disorderly cottonwood disorderly conduct you can leisure get a rights. I salute. While he's still the pay your cells textured delinquent you're delayed one day you could lose your gonna writes yes. This is this who who is responsible for rain is big hook hook look this is a mess I don't know who wrote the bill I know I this is not a pro gun Billy can't be. Get me and I am happy. Just can't be won this is sport it is not nearly synonymous this is really badly written. It is it is now yeah we don't forget some of my business is this is badly written and step yet. I'm sorry it's it's a good bill number nine to eleven I love that you know that I was on purpose that's awesome I love that house bill nine to eleven is a terrible bill. That is a terrible bill the charge in a class beer class a misdemeanor charge charge. You can leisure generates in Texas. And that there we via the death we got to stop that immediately. That's a terrible bills to anyone as promote this milieu losing your mind and try to let's go back to US GA Cruz James. Right so tired here in our rates are about that so we're talking about half cocked all right so let's gets a little bit. Right so now learned that let's go to add the ninth circuit. Yes those you know the well I thought it that the kind of the next step in this game is. We have determine what had to use. Four firearms rights you know. The First Amendment. This six commander in the field sportsmen they all have. They're all very protected. By the Supreme Court. By other courses well and there are no one really. Field questions whether or not what level of scrutiny to apply or whatnot. The second and it's been very different on that regard. You know you have. Judge Easterbrook out of out of the ninth circuit that's says is that firearm rights should did. Basically rational basis scrutiny. Which basically means if there is any logical reason for congress to pass this bill that native constitutional. So that's how you get a public and fans being upheld. And on the other hand you have other courts like district court the marianas islands. Which says. We have to apply a PO strict scrutiny to some which says that you have to have a substantial Entrust. They are have to have a substantial interest in regulation and then they have few. Up tied at regulation in the most limited means possible side to not affect. The court a second lemon right. And in others it is good to be substantial interest is called intermediate scrutiny. Now I'm all for you guys anybody with the other the legal. Test of how you determine whether or not something deserves intermediate scrutiny or strict scrutiny but in general. Registration requirements are not able to be upheld. And that's what happened in and this Columbia verses Heller. Registration requirements are unconstitutional because they do not serve the purpose. Of preventing crime. Isolated let me ask you this what are your thoughts about because we're talking about this at breakfast this morning. Because I you know we have merit are sharing our staff meeting production meeting our production meeting for the show and my favorite restaurant we bring casino at 8 o'clock. Then between eight non schools be there at 8 o'clock easy day at 845. And set up its cool we have our meeting talked about Oregon talk rather sit out. We're talking about universal background checks so what are your thoughts on universal background checks. Oh yeah but the background checks from you know my eight non lawyer a legal perspective. Lid. Today I would probably pass unfortunately a constitutional argument to some extent because. That background checks and prevent crime. Whether or not they actually do in practice and I'm not a god not an advocate uber checked by any stretch of the imagination. But I think it's going to be done sloppily. And it's gonna affect you know me I could shooting with you Michael then it's gonna affect something like that or five borrow a firearm for new. And I would have to get a background check and that's ridiculous or you know my father watched it near Wright Fuller any direct. So I don't support them. I think that there are. There's a better legal argument to make up their leap that there constitutional. Than ever to structural requirement. NC I tell you why don't like it I don't like it because. You know and this is what we're talking about this morning if someone. If you been convicted of a crime a felony you being convicted. Domestic violence thing you did this like thirty years ago. The case so you went to jail you paid the price for that. You've now been released from jail and K you lived outstanding life but thirty years you live now staining life and ye having gotten in trouble book you know since. You'll never get your gonna ranks back. You know with the state of Texas has said that after five years. After you've off probation and everything you can have the a firearm at home for person detection. But the federal government has said that you cannot purchase debt that firearm from a gun store or ever feel dealer could you cannot pass a background check. So you know why you send people to jail and punish them. If you're not going to give them all their rights back when you returned them back to civilization. Exactly and that's kind of Leo that's a huge problem with our current gun laws is. We have this. Notion that if you committed a felony. And then you know in some cases here for the violent felony and I can't get it. But in other cases it's you can live the rest your life being a perfectly normal outstanding citizen after paying your debt to society and you block your right. And Ed Whitacre firearm owners protection act that does provide a way for unity you're right back but that part of an unfunded. Since the bill's passage. In congress. He can catch up and down which we have a question here is this so when Sidney question via. FaceBook and it says Michael give me your view on these two experiences. I am this is a totally different topic here OK is it I had this week that Cabela's and then later at a sexy gun show both places asked that I remove my magazine. And they zip tied their slide before allowing me entrance. I don't get it they make millions off the guns they champion second amend rights and then that. So Justin what do you thoughts about that single into a gun show you get a Cabela's. You go to hear you now allow team you know have a loaded deck people started out 06 size and they're entitled seven signs of the gun show. So to gun show they do but often times it has to do is food. Good the played the people that are going there and selling their products then the vendors then don't challenged. The landlord and any because is typically either they're held in public areas soon. Like for instance let's talk about the Cedar Park center Amare or liver they have gun shows there in the super center itself is at thirty us six and 37. Place. But they they've legally they should not be because it's a public entity in the end. They're claiming it's because the TVC licenses which only really apply to the stories that are inside but they try to make it apply the entire building until people challenge that. They're able to do it yet except that's only for the individual yes shops or whatever it was and it just like I have right they try to they try to make it took so no one's not a complaint against the best -- a breast and you know these these places that are going here and then they're they're paying all this money to sell their products. There are the ones that really need to start complaining about it. So that's that sounds likes a once a college that's because that's owned by the city is that correct yes okay so so what should file a complaint with the takes her angel's office next time you go to C departs senator. And file a complaint dig pictures of those rare word is seen even even if it's not a even if it's a private place you know again goes back to the vendors and vendors and the ones and to complain because constancy let people carry your gun shop rite parent. Think mentally I'm sandy did you move forward before there walk the stories of Tyler gonzo and yet know the only time will allow you to carries with you coming for class we don't want you know what we will do you have a handgun in the classroom. But he did you come to store UConn is shopping a would every do what do we do and yet you can carried an openly or concealed him. And we don't stop be done that in all okay -- James we go back to use so I sold back to universal back projects aren't we just had to get to that question regret it. Isaac vaccine or some background checks found. Insulin you know that's my thing with that in. In you're seeing something mayor in this morning he had a couple questions about that because you're saying wolf for certain crimes a person should. You know you if you're asking me. Do I think a person should lose they're gonna race for ever for certain crimes went back in I say that I don't feel called to answer that question because number one I don't trust legal system current house justice system you know that entire system there. This says hey you know we're gonna convict you off of this evidence re here and because of that you an illusion got a race for ever sure. You know I know I think that if you're gonna if so what's gonna go to jail they gonna pay the price for that. Then you know you gotta released from jail and back and see is abuzz nation to nation get all of their rights back Brett. And no boil means outsells already on the assumption that the penal system or at rather than. When people go to jail and their release that there are performed productive you know the entire. Because what's the purpose of setting seems so wanted children are gonna give them their rights back Brett ranked tonight grant I think. Having a certain timeframe is reasonable. And that. Cannot help with it if there's a long history of crime. You know kind of like if you have bad credit and you file bankruptcy and asking him he filed bankruptcy within seven years in the new credit still mad okay. But if you haven't then your credit goes back outside this should be immediate timeframe. May be within five years or two years whatever it might be that you haven't committed a crime I think he should get your gun rights back I shouldn't. Because people do make mistakes what you did something at eighteen and then for 1015 years you didn't do anything. Wrong thing we have a perfect example about not too long ago there's an article about her story that we young we also. Reputed but it's in Arizona there's a state troopers say good bye guys who was. This is a little bit a little bit off but he. Was charged with a felony but he was able to go back and get an extra base who have you got it expunged from his records or he wasn't really. Awkward kind of area but I mean we just a few changes on that story he could have been a felon and he can losses rights and mean. Yes that's yes. Okay all right so I'm so James then any thoughts about that at all. Yeah I mean that is so that the whole purpose of our judicial system is. If you commit a crime you pay your debt to society you go to prison you go to jail. Or you pay a fine and then once that debt is complete. You go back your life and you we. Eventually you know there are properties keep your voting rights act and other you know other right that you may lose but mainly you go back. To your lie. And you try to move Lonnie try to be good citizens. That part of the and its citizens has always been. The ability to defend yourself and the ability to defend others so it doesn't make any sense to me. That we would continue to penalize those people. After they've served their debt to society. I would talk goalie James A Cruz he's at Harvard law student and we're talking about half cocked the paper he wrote. About the ATF regulations this is Michael Cargill and you are listening to come and talk. No known cause some entrances and argument on this for more who called view form Cummins who can. It. Welcome back to come in socket and now here's Michael kargil. I'm encouraged his guerrilla attacks home intruder breaking into it and say oh million. Can stop him. The Democrats were. I I had so I did not down I get back up again that's right now and that's that's all about James did cruise you know you get knocked down to give back up again you know when you go to Harvard Law School you graduate to become the best attorney we can fight all these anti gun organizations that you put it in their place. If I threw it at the plant I took James kind of sum up for me your paper. Kind of sum that up for me end end end end. What what. Point are you trying to drive home. Yes some of the main thing that yeah they're they're really two provisions that DDH yes. Has created in regulations. That. Our problem and the first one of course is being not being able to attach a vertical or grip on your pistol. Without turning it into an what's called and any other weapons. And however the eight get does maintain that you could pass an angled grip. And it not changed the classification of the fiscal and twenty other weapons. So I mean there's just too huge penalties for people who. He'll attack systems come and it costs only a few dollars to their pistols. That age yet maintains change in the very nature of the car. The other thing is I think power arm brace which eight yet lead the league HF white paper. I just took my position on this. DA had originally issued a letter saying that. If you shoulder this six hour arm brace. That the test your pistol. If you shoulder it there's no penalty they reverse that. Just a few months later and they said that. And I keep shoulder that think there are embrace this week's huge controversy in the firearms community. So you shoulder it's got to leave created short barreled rifle. And let me see it out yet and yet she had the people that actually you know home. Actually wrote. That's actually invaded that they had them on the radio on radio show here. And you're talking now about basically you know people were poke in the beer you know they're asking questions asking questions about it too many yeah and sold ATF had to come down and and give another ruling known to reverse stat because they were spoken to bear. There is YouTube videos about it there isn't there were just so much stuff going on some of the people asking in some of the people there were confused that I think it just. I think we were kind of our own worst enemy in this particular instance absolutely. Go ahead yeah I agree. So I mean but you the problem is food that's not how you regulations work you can't. Especially when it's criminal penalties involved. Eight get have to follow a certain procedure. Support by congress. And see each gift does not regulate behavior that regulates firearms that regulates. Mechanical and in countries that static featured a firearms. And so you take this typical you attacked a six hour arm brace. And you Pergo floor it's a pistol according to its guests you put it on your arm you attacked a properly. On your arm. And so pistol. I can put up but it did I cheekbone it's still pistol but somehow when I put up that magical area on my shoulder it becomes the sharper a rifle. And so that's you know that's regulating behavior which was not what congress intended when they create the national firearms act. And or need or the gun control act and so on so forth. So it's interesting that it ATF director. Has suddenly decided that in the suite while white paper. That my version is cracked and that. Following. The current age get practice of making that illegal acts. Is it undermines the H guess authority to regulate other other arm attachment in other firearms. Because it just shows that they get it out of touch and that you know policy makers are out of touch and there's no way police CNET how would the police cops are going to know. That IA that we let our shot six hour armed break from my cheek bone or from my shoulder without physically being there in an exact moment. The current if I'm wrong I think you're supposed to have what 164. I'm an inch between between the breeze near shoulder. Yeah I think it's something we dig a little like that is absolutely I mean I'd I don't I'm being deceased son is no idea yeah. Yeah it's yeah and dad sister and ridiculous standard and a ridiculous plot I cannot see. Reasonably enforced and it merely age it has tried to enforce some rules like this illiquid vertical for grip and two out of three of them have been thrown out. And yet so we had to have some regulations that they'd get to be able to bully the farm community. And you believing that they're going to file it bought in Manhattan at the written it would by the loss. But. You know the courts at least for the most part has seen said that. They'd get is overstepping its bounds. And although they haven't struck on the deregulation schools fail. They should not the point in my paper is telling court that this does not jive with. And actually getting a fire arms or arms law. That's you know people really need to pay attention to yet you know because the thing is that you bring up. Eventually down the road they actually change because you bring them up. You know these issues in and and that's why actually follow you and that's what you nor understand the it. They get paid attention do you and they actually do read your paper in a gunnery all of that written I've written. I've never written all Jewish yet but I'm deathly gunnery you know half cocked the regulatory framework assure a barrel firearms and this is gonna be published correct. Yet fully published and I believe next month as opposed today. OK get back some deafening got to read you know because it's definitely something that needs to be you know. You looked at. And we need to feel contact your US congressman US senator and let them know hey we need to get like things like. This suppressor off the list we need to youth. Pass the bill that's gonna have you guys. Can still legalize illegals carrying all the different states. So we need to get these things done because this is just one little step that we can. Make happen to get some you're right back you know you should be able to travel around different states. Deal with your your handgun you know with a with a license he really shouldn't he was all of. And we won't Mike has two more states have already pass constitutional pure waiting on governor signatures New Hampshire and I forget the other state exactly wandering down but two more states than the last couple weeks have passed. Pass the senate mouse also waiting for is governor signatures so we're going to be up to what it's. Thirteen fourteen states now not to sugar. So it's coming. Harrison definitely you know pay attention to what's going on that your your local legislative pay attention what's going on I think that you US congress in mid DC. Because these things and got to change and thinks duke James crucial change to cruise. Who's brought the stuff delight and he's limits all our force of deathly tickets you don't take a few minutes and read this. It is it's it's about I think that's what forty pages long. It's he had forty pages to pull the long but I did that would necessary. It definitely canceled thank you James I really appreciate commonly shared inland and is out forced. And continue to listen to us and Harvard university in bear we're gonna add to an end they were gonna watch as you want to walk across that stage and we hope to see you back here in Texas. At one of a law firms. I thank you aren't married they considered. It's our district for Austin City Council member released a statement on his official and personal FaceBook account last week. In response to the recent confirmation of ice operations and Austin, Texas. Now in the in the polls he states he believes ice is here to publicly arrest people in order to retaliate. For the community supposedly standing up to people like governor added or end president trough. Now and the actions of the immigration and customs enforcement is quote in this is what it says be Yond reprehensible. Well all of this speculation occurred in spite of the fact that. It was revealed by lawyers working for ice that the agency is only looking for immigrants who either have. Outstanding deportation orders or warrants for arrest. And approximately. 75%. Work criminal aliens convicted of crimes including. But not limited to homicide. Aggravated sexual assault sexual assault of a minor lewd and live vicious acts with a child. Indecent liberties with a minor. Drug trafficking battery. Assault. DUY. And weapons charges. Now recently council member 'cause sorry congratulated Sally her and then as the sheriff of Travis County. For instituting a policy in response to the recent immigration changes. The sheriff's office and now refuses to work with ice on issues of inmates here illegally but not reporting incidents. Where undocumented individuals are under arrest unless the offense committed isn't murder. Sexual assault or human trafficking. Now when the new policy went into effect. There were 191. Immigrant inmates being detained by ice request on every the first. And out of those inmates only thirty fall under. One of the three category stipulated by the share. So in December of last year in our City Council voted to subsidize legal fees for local immigrants. Which would affect any lead to the CD spending people's tax dollars. On the personal fees of illegal immigrants. In a disturbing. But not all that surprising reaction to the ice operations and Austin. Protesters. Turned rioters. Took to the intersection of run Bergen Lamar. In the SARS district and were recorded attacking individual. Throwing objects at him and chasing down his car with sticks as they attacked his vehicle. After police arrived they continue to have struck traffic. Verbally threatening officers with violence. And jumped on top of police cars. So in light of these and other violent actions taken by many in opposition to both conservative. And even some random individuals. Remember that castle doctorate. And remembered Morton guns equals less crime. Squad by yourself again you been listening comic talking. With Michael Cargill. You keep yours.