1
00:00:01,320 --> 00:00:05,160
Speaker 1: A well regulated militia being necessary to the security of

2
00:00:05,200 --> 00:00:08,240
Speaker 1: a free state, the right of the people to keep

3
00:00:08,280 --> 00:00:12,200
Speaker 1: in bear arms shall not be infringed. This is the

4
00:00:12,240 --> 00:00:16,920
Speaker 1: Second Amendment, and this is the Gun Guy A boom

5
00:00:16,960 --> 00:00:17,960
Speaker 1: boom boom.

6
00:00:17,680 --> 00:00:25,160
Speaker 2: Boom bang bang bang bang boom, boom, boom, boom bang

7
00:00:25,200 --> 00:00:26,160
Speaker 2: bang boom.

8
00:00:25,920 --> 00:00:28,880
Speaker 3: Guy Ralphord on ninety three WYBC.

9
00:00:30,520 --> 00:00:32,440
Speaker 4: Yeah, good afternoon, and welcome to the Gun Guy Show

10
00:00:32,440 --> 00:00:35,599
Speaker 4: here on ninety three WIBC. For thrill that you're with us.

11
00:00:36,440 --> 00:00:39,560
Speaker 4: A lot to get into as we always have. Hope

12
00:00:39,560 --> 00:00:41,800
Speaker 4: you're enjoying this afternoon. Turned out to be a beautiful day.

13
00:00:41,840 --> 00:00:44,440
Speaker 4: Hope you got to get out and bust some primers

14
00:00:45,040 --> 00:00:49,599
Speaker 4: and enjoy your Second Amendment rights on this gorgeous day,

15
00:00:49,680 --> 00:00:52,040
Speaker 4: really pretty day. I know they're talking about rain a

16
00:00:52,040 --> 00:00:56,040
Speaker 4: little later. We'll see whether that unfolds or not. I

17
00:00:56,080 --> 00:00:59,160
Speaker 4: was reading about and in fact, a number of people

18
00:01:00,960 --> 00:01:06,919
Speaker 4: sent me links to an article about a self defense

19
00:01:06,959 --> 00:01:12,600
Speaker 4: shooting that I think everyone, every rational person who reads

20
00:01:12,680 --> 00:01:18,720
Speaker 4: about this self defense shooting here in Indianapolis, would be

21
00:01:18,880 --> 00:01:26,120
Speaker 4: cheering on the woman who shot a rapist immediately after

22
00:01:26,440 --> 00:01:30,600
Speaker 4: he sexually assaulted her in her home on Indie's northeast side.

23
00:01:31,319 --> 00:01:36,000
Speaker 4: And this just happened this week. The article that I

24
00:01:36,120 --> 00:01:40,080
Speaker 4: read about it just posted on the seventeenth, so just

25
00:01:40,120 --> 00:01:43,560
Speaker 4: a couple of days ago. But the story as reported

26
00:01:43,560 --> 00:01:47,560
Speaker 4: by Fox fifty nine. And I posted a link to

27
00:01:47,680 --> 00:01:53,120
Speaker 4: this on my Twitter at Guy Ralford. If you go

28
00:01:53,160 --> 00:01:57,080
Speaker 4: there on Twitter or x give me a follow while

29
00:01:57,120 --> 00:02:01,200
Speaker 4: you're there if you don't mind. But interesting story, and

30
00:02:01,240 --> 00:02:03,360
Speaker 4: I wanted to talk about it because it raises I

31
00:02:03,400 --> 00:02:07,559
Speaker 4: think some interesting points about Indiana self defense law and listen,

32
00:02:07,960 --> 00:02:11,919
Speaker 4: like any point of law, especially one that's widely discussed

33
00:02:11,960 --> 00:02:15,400
Speaker 4: on the internet or otherwise, there's a lot of misinformation

34
00:02:15,520 --> 00:02:22,040
Speaker 4: out there, a lot of confusion about what Indiana's law

35
00:02:22,520 --> 00:02:25,639
Speaker 4: says and doesn't say, and even terminology people use, how

36
00:02:25,639 --> 00:02:30,520
Speaker 4: people use terms like castle doctrine and stand your ground

37
00:02:30,600 --> 00:02:35,720
Speaker 4: law and whatnot. Evidences in my mind anyway, because I

38
00:02:35,760 --> 00:02:38,680
Speaker 4: feel these calls, I have these discussions answer questions when

39
00:02:38,680 --> 00:02:41,600
Speaker 4: I'm teaching my gun law class that I talk about

40
00:02:41,639 --> 00:02:45,560
Speaker 4: here often on the show. A lot of information there

41
00:02:45,600 --> 00:02:48,320
Speaker 4: that comes as a surprise to people who had a

42
00:02:48,320 --> 00:02:52,160
Speaker 4: completely different understanding or interpretation of the law. But this

43
00:02:52,280 --> 00:02:59,520
Speaker 4: case again just unfolded this week. Indies's northeast side over

44
00:02:59,560 --> 00:03:03,880
Speaker 4: on meadow Lark Drive, not too far from Speedway, and

45
00:03:04,280 --> 00:03:06,959
Speaker 4: the victim reported the police that a man walked into

46
00:03:07,000 --> 00:03:10,760
Speaker 4: her home, pointed a gun at her, and raped her

47
00:03:10,800 --> 00:03:16,239
Speaker 4: there in her home, even while recording the sexual assault

48
00:03:16,320 --> 00:03:21,080
Speaker 4: on his phone. Now, is there a rational person on earth? Well,

49
00:03:21,639 --> 00:03:25,079
Speaker 4: rational being the key descriptor, but is there a rational

50
00:03:25,120 --> 00:03:29,160
Speaker 4: person on earth who in that after that description, I

51
00:03:29,160 --> 00:03:33,760
Speaker 4: should say, wouldn't root for this guy to get shot

52
00:03:35,560 --> 00:03:41,760
Speaker 4: for the woman to defend herself righteously and legally to

53
00:03:41,880 --> 00:03:46,000
Speaker 4: shoot this guy after such a horrific crime unfolded right

54
00:03:46,000 --> 00:03:49,520
Speaker 4: there in her home. And make no mistake, I'm rooting

55
00:03:49,600 --> 00:03:53,920
Speaker 4: for the victim in this situation one thousand percent and

56
00:03:53,960 --> 00:03:57,400
Speaker 4: then some. But the way this was reported, and this

57
00:03:57,520 --> 00:04:00,360
Speaker 4: is just an issue of Indiana law that I wanted

58
00:04:00,400 --> 00:04:04,360
Speaker 4: to address. And again, make no mistake, nothing I say

59
00:04:04,560 --> 00:04:07,480
Speaker 4: on this show should be interpreted as me doing anything

60
00:04:07,520 --> 00:04:10,480
Speaker 4: other than rooting for this young lady and cheering her

61
00:04:10,560 --> 00:04:18,719
Speaker 4: on for her willingness to shoot and shoot at a

62
00:04:18,920 --> 00:04:21,839
Speaker 4: rapist who just committed that horrible crime right there in

63
00:04:21,880 --> 00:04:25,880
Speaker 4: her home. It's also, though, an educational opportunity to just

64
00:04:25,880 --> 00:04:28,880
Speaker 4: talk about how Indiana law works because the way it's

65
00:04:28,920 --> 00:04:31,599
Speaker 4: being reported. Again, this is by Fox fifty nine, and

66
00:04:31,640 --> 00:04:33,680
Speaker 4: you can read the article go to my Twitter at

67
00:04:33,680 --> 00:04:38,159
Speaker 4: Guy Ralford. It says, after the suspect began to leave,

68
00:04:39,200 --> 00:04:42,040
Speaker 4: the woman grabbed her own gun and began shooting at

69
00:04:42,040 --> 00:04:45,520
Speaker 4: her attacker. The back window of a blue toy Yota

70
00:04:45,680 --> 00:04:49,720
Speaker 4: parked on an adjacent street was shattered by that gunfire.

71
00:04:51,960 --> 00:04:56,479
Speaker 4: So that's a little bit vague. In fact, it's quite

72
00:04:56,480 --> 00:05:01,039
Speaker 4: a bit vague. After the suspect began to my first

73
00:05:01,120 --> 00:05:04,080
Speaker 4: question and looking at this legally, and again I'm cheering

74
00:05:04,080 --> 00:05:07,680
Speaker 4: her on one thousand percent. There's no indication in this

75
00:05:07,839 --> 00:05:12,600
Speaker 4: article anyway, and this happened here in Mary County. There's

76
00:05:12,600 --> 00:05:17,960
Speaker 4: no indication that a woman's you know, has any potential

77
00:05:17,960 --> 00:05:20,400
Speaker 4: of being prosecuted herself, and I think it would be

78
00:05:20,480 --> 00:05:23,880
Speaker 4: a huge mistake to do so. But I also want

79
00:05:23,920 --> 00:05:26,360
Speaker 4: to use this as an opportunity to talk a little

80
00:05:26,400 --> 00:05:30,839
Speaker 4: bit about what the law says after he began to leave.

81
00:05:30,920 --> 00:05:34,320
Speaker 4: First question that I had was was he still in

82
00:05:34,320 --> 00:05:43,320
Speaker 4: her home, still within the four corners or however many

83
00:05:43,320 --> 00:05:47,160
Speaker 4: corners of her home when she grabbed her gun and

84
00:05:47,200 --> 00:05:51,840
Speaker 4: began shooting. That's an important question because it means if

85
00:05:51,839 --> 00:05:54,880
Speaker 4: he's in her home, the castle doctrine is still implicated.

86
00:05:54,960 --> 00:05:57,320
Speaker 4: What's the castle doctrine? And here's how this works. If

87
00:05:57,360 --> 00:05:59,880
Speaker 4: you want to read the whole Indiana Self Defense Statute,

88
00:06:00,120 --> 00:06:03,440
Speaker 4: easy to do. Just Google and they'll give you the

89
00:06:03,440 --> 00:06:07,240
Speaker 4: statute numbers thirty five dash forty one dash three dash two.

90
00:06:08,040 --> 00:06:10,600
Speaker 4: Just google it and the first thing will come up

91
00:06:10,600 --> 00:06:14,320
Speaker 4: will be the results of that mathematical formula thirty five

92
00:06:14,680 --> 00:06:17,480
Speaker 4: minus forty one, et cetera. The second thing that will

93
00:06:17,520 --> 00:06:20,119
Speaker 4: come up on your Google will be the Indiana Statute,

94
00:06:20,440 --> 00:06:21,760
Speaker 4: and you can read the whole thing. And the way

95
00:06:21,800 --> 00:06:23,200
Speaker 4: it works. It starts off with a bit of a

96
00:06:23,240 --> 00:06:27,960
Speaker 4: preamble and then it's divided up into sub sections and

97
00:06:28,440 --> 00:06:32,440
Speaker 4: it's all part of one statute thirty five dash forty

98
00:06:32,480 --> 00:06:34,479
Speaker 4: one desk three dash two, but it has different sections

99
00:06:34,480 --> 00:06:39,159
Speaker 4: starting with section A, Section B, et cetera. And those

100
00:06:39,200 --> 00:06:45,799
Speaker 4: different subsections deal with different scenarios and what the law

101
00:06:46,000 --> 00:06:49,480
Speaker 4: is regarding the use of force, the legal and justified

102
00:06:49,600 --> 00:06:55,600
Speaker 4: use of force under different situations, in different situations, under

103
00:06:55,600 --> 00:06:59,520
Speaker 4: different scenarios. One, it starts off with what I call

104
00:06:59,560 --> 00:07:02,040
Speaker 4: the general Self Defense Statue that applies to you no

105
00:07:02,040 --> 00:07:06,280
Speaker 4: matter where you are out in public, applies in your

106
00:07:06,320 --> 00:07:09,640
Speaker 4: home as well. That's the general self defense statue talks

107
00:07:09,640 --> 00:07:11,520
Speaker 4: about when you can use force and self defense when

108
00:07:11,560 --> 00:07:15,520
Speaker 4: you can use deadly force. And then the section after

109
00:07:15,600 --> 00:07:18,440
Speaker 4: that is what we call the castle doctrine, which deals

110
00:07:20,040 --> 00:07:22,920
Speaker 4: it's broader than this, but it deals with a specific

111
00:07:23,000 --> 00:07:27,960
Speaker 4: situation of the use of force and self defense in

112
00:07:28,000 --> 00:07:30,440
Speaker 4: your home. That's why we call it the castle doctrine.

113
00:07:30,480 --> 00:07:36,400
Speaker 4: Your ability to defend your castle, your home. And what

114
00:07:36,480 --> 00:07:42,040
Speaker 4: it says is that you are legally justified in using force,

115
00:07:42,120 --> 00:07:46,400
Speaker 4: including deadly force. It says reasonable force, including deadly force,

116
00:07:47,560 --> 00:07:52,000
Speaker 4: if you reasonably believe that that force. And again we're

117
00:07:52,040 --> 00:07:54,400
Speaker 4: talking about deadly force here. Anytime you shoot a gun

118
00:07:54,480 --> 00:07:58,760
Speaker 4: at someone, it's deadly force. Hell, we have an Indiana

119
00:07:59,120 --> 00:08:02,320
Speaker 4: case from the Indiana Court of Appeals. It says, simply

120
00:08:02,440 --> 00:08:05,040
Speaker 4: pointing a loaded gun at someone creates a substantial risk

121
00:08:05,080 --> 00:08:07,840
Speaker 4: of serious bodily injury. And you know what, creating a

122
00:08:07,880 --> 00:08:11,400
Speaker 4: substantial risk of serious bodily injury is the definition of

123
00:08:11,400 --> 00:08:15,800
Speaker 4: deadly force. So if you shoot a gun at someone,

124
00:08:16,320 --> 00:08:19,080
Speaker 4: even if you miss them, you ought to consider that

125
00:08:19,120 --> 00:08:21,280
Speaker 4: to be deadly forced, and that's going to be the

126
00:08:21,320 --> 00:08:25,320
Speaker 4: way that plays out legally in just about every circumstance.

127
00:08:26,440 --> 00:08:31,920
Speaker 4: But this particular subsection of the self Defense Statute in

128
00:08:31,920 --> 00:08:35,480
Speaker 4: Indiana deals with the use of force in your home,

129
00:08:35,520 --> 00:08:38,600
Speaker 4: and it says you can use reasonable force, including deadly force,

130
00:08:39,240 --> 00:08:44,160
Speaker 4: if you reasonably believe that that force deadly force is necessary.

131
00:08:44,280 --> 00:08:50,480
Speaker 4: Necessary is an important word to prevent or terminate an

132
00:08:50,559 --> 00:08:58,000
Speaker 4: unlawful attack on or entry into your dwelling. Prevent or

133
00:08:58,120 --> 00:09:01,760
Speaker 4: terminate two very important words. So somebody's on your front porch,

134
00:09:01,800 --> 00:09:04,000
Speaker 4: breaks your front window and has one foot through your

135
00:09:04,040 --> 00:09:07,400
Speaker 4: front window. They're not in your home yet, and you

136
00:09:07,480 --> 00:09:13,520
Speaker 4: hear this idiotic uh general consensus out there has been

137
00:09:13,559 --> 00:09:16,319
Speaker 4: running around for generations. If you shoot somebody on the

138
00:09:16,360 --> 00:09:18,679
Speaker 4: front porch, drag them inside. How many times you heard that?

139
00:09:19,240 --> 00:09:21,920
Speaker 4: It's completely idiotic. And I always mention this in my

140
00:09:21,960 --> 00:09:28,559
Speaker 4: gun law class. That's completely idiotic because a like, the

141
00:09:28,679 --> 00:09:33,839
Speaker 4: forensic guys aren't gonna figure that out when the CSI

142
00:09:33,840 --> 00:09:38,080
Speaker 4: crew shows up, they're gonna figure out that the person

143
00:09:38,200 --> 00:09:40,360
Speaker 4: was shot on the front porch and got drug inside.

144
00:09:42,600 --> 00:09:46,440
Speaker 4: But secondly, it's completely unnecessary from a legal perspective, because

145
00:09:46,480 --> 00:09:50,840
Speaker 4: you can prevent an unlawful entry into your home you're dwelling,

146
00:09:53,160 --> 00:09:55,240
Speaker 4: and you can do so with deadly force, it says

147
00:09:55,280 --> 00:09:59,200
Speaker 4: right in Stashing, to prevent or terminate an unlawful attack

148
00:09:59,240 --> 00:10:01,920
Speaker 4: on or entry into your dwelling. Now it goes on

149
00:10:02,000 --> 00:10:04,800
Speaker 4: and it's brought her from than that, but that's where

150
00:10:04,800 --> 00:10:11,679
Speaker 4: it starts. So if this guy that we're talking about,

151
00:10:11,720 --> 00:10:15,120
Speaker 4: the rapist, I should say accused rapists at this point,

152
00:10:15,600 --> 00:10:19,680
Speaker 4: was identified in the Fox fifty nine article as Trayvon Haynes,

153
00:10:19,880 --> 00:10:27,000
Speaker 4: twenty three years old, if he was in her home

154
00:10:27,040 --> 00:10:29,880
Speaker 4: illegally said he walked into her home, pointed a gun

155
00:10:29,920 --> 00:10:33,920
Speaker 4: at her and raped her. Walked into her home, suggests

156
00:10:33,960 --> 00:10:35,839
Speaker 4: to me that he was not invited. He was not

157
00:10:35,920 --> 00:10:37,880
Speaker 4: there legally. If he was not there legally, that's an

158
00:10:37,960 --> 00:10:41,160
Speaker 4: unlawful entry into her home. If he's already in the home,

159
00:10:43,920 --> 00:10:46,880
Speaker 4: can she terminate his unlawful entry into her home with

160
00:10:46,960 --> 00:10:52,160
Speaker 4: deadly force? Yes, to the extent that's necessary, quote unquote,

161
00:10:52,760 --> 00:10:56,559
Speaker 4: because keep in mind, and again I'm dealing I'm dealing

162
00:10:56,559 --> 00:10:58,800
Speaker 4: with his whole scenario, and I'm addressing it. From the

163
00:10:58,880 --> 00:11:03,679
Speaker 4: perspective of the Fox fifty nine article. As reported in

164
00:11:03,720 --> 00:11:06,400
Speaker 4: that particular article. I said, after he began to leave,

165
00:11:06,600 --> 00:11:09,080
Speaker 4: the woman grabbed her own gun and began shooting at

166
00:11:09,080 --> 00:11:12,120
Speaker 4: her attacker. And again I'm cheering her on one thousand percent,

167
00:11:12,240 --> 00:11:17,240
Speaker 4: Make no mistake. Is it relevant that he began to leave?

168
00:11:17,720 --> 00:11:19,640
Speaker 4: Is it relevant that he was still in the house.

169
00:11:24,200 --> 00:11:26,840
Speaker 4: Is it relevant to the issue of whether her use

170
00:11:26,880 --> 00:11:30,400
Speaker 4: a force was in fact necessary quote unquote to terminate

171
00:11:30,400 --> 00:11:34,839
Speaker 4: his unlawful entry. Now, then it says the back window

172
00:11:34,840 --> 00:11:36,480
Speaker 4: of a blue Teota, as I mentioned a bit of

173
00:11:36,559 --> 00:11:39,839
Speaker 4: go parked on an adjacent street, was shattered by that gunfire.

174
00:11:40,760 --> 00:11:44,640
Speaker 4: Does that suggest he was outside her home and leaving

175
00:11:44,679 --> 00:11:48,559
Speaker 4: the premises? I don't want to speculate. I do not know.

176
00:11:48,720 --> 00:11:53,680
Speaker 4: I am not guessing on that issue whatsoever. And a

177
00:11:53,720 --> 00:11:58,120
Speaker 4: shot could have absolutely gone through a window, through a wall.

178
00:11:59,200 --> 00:12:04,920
Speaker 4: Most construction materials used in a lot of homes are

179
00:12:04,920 --> 00:12:09,400
Speaker 4: not particularly bulletproof, and bullets can pass through drywall, bullets

180
00:12:09,440 --> 00:12:13,760
Speaker 4: can pass through aluminum siding, brick and whatnot. Not so much.

181
00:12:14,840 --> 00:12:18,720
Speaker 4: But through a window, sure, through an open door, sure,

182
00:12:19,080 --> 00:12:20,920
Speaker 4: And I do not know. I do not know how

183
00:12:20,960 --> 00:12:25,360
Speaker 4: this car on an adjacent street had a window shattered.

184
00:12:27,760 --> 00:12:29,480
Speaker 4: That raises a question in my mind is whether he

185
00:12:29,640 --> 00:12:32,760
Speaker 4: whether he was inside, that is, the rapist, the alleged

186
00:12:32,880 --> 00:12:35,480
Speaker 4: rapist was inside or outside the home. Why is all

187
00:12:35,480 --> 00:12:38,000
Speaker 4: that relevant? That's what I'll get into as well as

188
00:12:38,040 --> 00:12:40,160
Speaker 4: take your calls. You have questions about the use of

189
00:12:40,200 --> 00:12:42,640
Speaker 4: force and self defense, including deadly force in your home

190
00:12:42,720 --> 00:12:44,959
Speaker 4: or otherwise, give us a call. Three one seven two

191
00:12:45,320 --> 00:12:49,240
Speaker 4: nine ninety three ninety three three one seven two ninety three,

192
00:12:49,360 --> 00:12:51,400
Speaker 4: ninety three. This is Guy Relford on The Gun Guy

193
00:12:51,440 --> 00:13:02,240
Speaker 4: Show on ninety three WYBC, second.

194
00:13:01,960 --> 00:13:04,400
Speaker 1: To nine on this second and then this is the

195
00:13:04,480 --> 00:13:09,040
Speaker 1: Gun Guy with Guy Ralford on ninety three WYBZ.

196
00:13:09,120 --> 00:13:11,319
Speaker 4: And welcome back. I'm Guy Ralford on The Gun Guy

197
00:13:11,360 --> 00:13:15,440
Speaker 4: Show on ninety three WIBC talking about a self defense

198
00:13:15,520 --> 00:13:18,640
Speaker 4: case happened on the north northeast side of Indy, not

199
00:13:18,720 --> 00:13:23,400
Speaker 4: too far from where I am right now. And listen,

200
00:13:23,559 --> 00:13:26,520
Speaker 4: does a rapist deserve to get shot? One thousand percent?

201
00:13:26,720 --> 00:13:29,640
Speaker 4: You bet? You know what, more rapists got shot, we'd

202
00:13:29,640 --> 00:13:32,160
Speaker 4: have fewer rapists, which means we'd have fewer rapes. And

203
00:13:32,160 --> 00:13:34,800
Speaker 4: I'm all for that. There's a couple of points though

204
00:13:34,800 --> 00:13:36,720
Speaker 4: about Indian a self defense law that I think I

205
00:13:36,760 --> 00:13:41,960
Speaker 4: can use this incident for in terms of a little

206
00:13:42,000 --> 00:13:44,880
Speaker 4: bit of education about how the law really works. And

207
00:13:44,960 --> 00:13:48,280
Speaker 4: here's a fundamental concept. And when I cover this in

208
00:13:48,320 --> 00:13:52,680
Speaker 4: the in my gun law class, I always get some looks.

209
00:13:52,720 --> 00:13:56,480
Speaker 4: I can tell people aren't thrilled about this aspect of

210
00:13:56,520 --> 00:13:59,760
Speaker 4: the law, and I completely understand why because it doesn't

211
00:13:59,760 --> 00:14:04,800
Speaker 4: feel very good. But there's a key concept to just

212
00:14:04,800 --> 00:14:09,760
Speaker 4: get your head wrapped around, and that is that Indiana

213
00:14:09,840 --> 00:14:13,000
Speaker 4: has a defense statue, is self defense statue where typically

214
00:14:13,000 --> 00:14:16,520
Speaker 4: you have to be preventing something bad from happening. You

215
00:14:16,600 --> 00:14:20,040
Speaker 4: have to be preventing serious bodily injured to you, you

216
00:14:20,080 --> 00:14:22,680
Speaker 4: are another person. That's a rule that applies anywhere you

217
00:14:22,720 --> 00:14:26,000
Speaker 4: are inside your home, outside your home, in public. You

218
00:14:26,040 --> 00:14:29,400
Speaker 4: have to be preventing the commission of a forciable family.

219
00:14:29,440 --> 00:14:34,720
Speaker 4: You're preventing something bad from happening. You're defending right. But

220
00:14:34,840 --> 00:14:39,640
Speaker 4: we do not have in Indiana. And what most states

221
00:14:39,640 --> 00:14:43,160
Speaker 4: in fact do not have, if not all, is a

222
00:14:43,160 --> 00:14:46,960
Speaker 4: payback statue that justifies the use of force or self

223
00:14:46,960 --> 00:14:50,720
Speaker 4: defense as payback. And again, let me emphasize this because

224
00:14:50,760 --> 00:14:54,000
Speaker 4: I don't want to get emails or calls from people

225
00:14:54,000 --> 00:14:56,600
Speaker 4: who are confused about what my message is here, I'm

226
00:14:56,680 --> 00:14:58,520
Speaker 4: rooting for this lady who is the victim of a

227
00:14:58,560 --> 00:15:01,480
Speaker 4: horrible crime. If this is accurate reporting, and if what

228
00:15:01,600 --> 00:15:03,320
Speaker 4: she reported the police is true, and I have no

229
00:15:03,360 --> 00:15:06,880
Speaker 4: reason to think it's not, then she's a victim of

230
00:15:06,920 --> 00:15:10,160
Speaker 4: a horrific crime and the guy who attacked her deserved

231
00:15:10,200 --> 00:15:12,720
Speaker 4: to get shot at thousand percent. And I'm on her side,

232
00:15:12,720 --> 00:15:15,800
Speaker 4: and I'm rooting for her as emphatically as I can

233
00:15:15,840 --> 00:15:20,720
Speaker 4: possibly make that point. But as if things unfolded a

234
00:15:20,720 --> 00:15:23,040
Speaker 4: little differently, this is an important thing for people to know,

235
00:15:23,120 --> 00:15:26,160
Speaker 4: particularly people who own and carry guns or have guns

236
00:15:26,160 --> 00:15:29,360
Speaker 4: in their home, and that is, we do not have

237
00:15:29,400 --> 00:15:33,160
Speaker 4: a payback statue that allows to justifiably use force or

238
00:15:33,160 --> 00:15:39,240
Speaker 4: deadly force as payback. If the threat is over, or

239
00:15:39,280 --> 00:15:42,640
Speaker 4: if it's no longer a quote unquote necessary to prevent

240
00:15:42,800 --> 00:15:46,320
Speaker 4: or terminate an unlawful entry into our homes, then the

241
00:15:46,440 --> 00:15:49,040
Speaker 4: justification for the use of force, including deadly force, no

242
00:15:49,080 --> 00:15:56,560
Speaker 4: longer exists. Now this guy is still in her home, hey,

243
00:15:56,600 --> 00:16:00,760
Speaker 4: then she, in my mind, reasonably believe, based on the

244
00:16:00,760 --> 00:16:03,240
Speaker 4: facts presented in the article I've read, now I've read

245
00:16:03,280 --> 00:16:07,400
Speaker 4: more than one had a reasonable belief that the use

246
00:16:07,440 --> 00:16:10,720
Speaker 4: of deadly force was necessary to terminate his unlawful entry

247
00:16:10,720 --> 00:16:14,960
Speaker 4: because he hadn't left yet. What if he ran out

248
00:16:14,960 --> 00:16:17,320
Speaker 4: the door when he was running down the driveway and listen,

249
00:16:17,320 --> 00:16:19,880
Speaker 4: I don't know whether this was a home or an apartment,

250
00:16:20,320 --> 00:16:25,560
Speaker 4: or what the physical infrastructure look like, but let's just

251
00:16:25,600 --> 00:16:28,440
Speaker 4: say hypothetically, and again, I don't want anybody think I'm

252
00:16:28,480 --> 00:16:32,520
Speaker 4: rooting against this young lady. Let's say, in a different scenario,

253
00:16:32,640 --> 00:16:35,520
Speaker 4: someone breaks into your home, but now they've left your

254
00:16:35,520 --> 00:16:37,640
Speaker 4: home and they're running down the driveway and running away

255
00:16:37,640 --> 00:16:40,400
Speaker 4: from you. Are you still justified and using force against them?

256
00:16:40,520 --> 00:16:45,720
Speaker 4: Answer is no, because it's no longer necessary to terminate

257
00:16:45,720 --> 00:16:48,320
Speaker 4: their unlawful entry into your home. They've already terminated their

258
00:16:48,360 --> 00:16:53,400
Speaker 4: unlawful entry. They're leaving. What if they're still in your

259
00:16:53,400 --> 00:16:56,680
Speaker 4: home but they're running toward the front door. Well, that's

260
00:16:56,720 --> 00:17:02,800
Speaker 4: where the word necessary comes into play. Is it necessary

261
00:17:02,800 --> 00:17:05,960
Speaker 4: to use force, including deadly force, to terminate an unlawful

262
00:17:06,040 --> 00:17:09,320
Speaker 4: entry into your home if they're terminating the unlawful entry

263
00:17:09,320 --> 00:17:14,120
Speaker 4: all by themselves a long time ago, what I used

264
00:17:14,119 --> 00:17:16,280
Speaker 4: to do all the time. This is years and years ago,

265
00:17:16,320 --> 00:17:17,960
Speaker 4: and I haven't done this in a long time. It'd

266
00:17:17,960 --> 00:17:21,240
Speaker 4: be fun to start doing this again. Is I used

267
00:17:21,240 --> 00:17:25,080
Speaker 4: to post scenarios on Ingo Indiana gun owners. It's great

268
00:17:25,119 --> 00:17:28,199
Speaker 4: for him. It's it's really well run. I know some

269
00:17:28,240 --> 00:17:31,639
Speaker 4: of the moderators on there, and there's a lot of

270
00:17:31,640 --> 00:17:34,720
Speaker 4: good information. Like any online forum. Yes, you can occasionally

271
00:17:34,760 --> 00:17:37,520
Speaker 4: run across some knuckleheads, but it's the Internet. You're not

272
00:17:37,560 --> 00:17:38,960
Speaker 4: ever going to get away from that. And for the

273
00:17:39,000 --> 00:17:42,119
Speaker 4: most part, I think it's really well moderated, and there

274
00:17:42,160 --> 00:17:44,680
Speaker 4: are some great threads on there. I think very educational.

275
00:17:46,000 --> 00:17:47,800
Speaker 4: And there's a whole big, long thread, by the way,

276
00:17:47,800 --> 00:17:50,280
Speaker 4: on legislating the Second Amendment that you really ought to

277
00:17:50,359 --> 00:17:54,240
Speaker 4: keep track of and keep an eye on during the

278
00:17:54,359 --> 00:17:59,840
Speaker 4: legislative session, whether that's Congress, which goes much longer than

279
00:18:00,040 --> 00:18:05,200
Speaker 4: Indiana's session, that that that starts January one every year

280
00:18:05,240 --> 00:18:07,639
Speaker 4: and runs through the spring. And it's great idea to

281
00:18:08,040 --> 00:18:10,640
Speaker 4: keep an eye on. But I spoke scenarios on there

282
00:18:10,680 --> 00:18:14,640
Speaker 4: all the time, and and I usually would caption them,

283
00:18:14,680 --> 00:18:19,280
Speaker 4: are you going to jail? And one that raises the

284
00:18:19,320 --> 00:18:25,360
Speaker 4: same issue I'm discussing here, given the situation in Speedway one.

285
00:18:25,400 --> 00:18:27,760
Speaker 4: One scenario I posted a little bit different. I said,

286
00:18:28,119 --> 00:18:30,520
Speaker 4: you're you're at home. You're you're sleeping next to your

287
00:18:30,560 --> 00:18:34,800
Speaker 4: wife in your home, and two bad guys break into

288
00:18:34,840 --> 00:18:39,440
Speaker 4: your home. There's no question. It's an unlawful entry into

289
00:18:39,440 --> 00:18:47,200
Speaker 4: your home. And they they they have a to do list,

290
00:18:48,160 --> 00:18:50,480
Speaker 4: which is to murder you, murder your family, and steal

291
00:18:50,480 --> 00:18:53,959
Speaker 4: all your stuff. So these are bad guys that are criminals.

292
00:18:53,960 --> 00:18:57,320
Speaker 4: They're armed. By the way, is it necessary if somebody

293
00:18:57,400 --> 00:19:02,000
Speaker 4: breaks into your home? Should Is it necessary for them

294
00:19:02,040 --> 00:19:04,320
Speaker 4: to be armed or a physical threat to you or

295
00:19:04,359 --> 00:19:06,240
Speaker 4: someone else in your home for you to be able

296
00:19:06,240 --> 00:19:08,840
Speaker 4: to use force to terminate their unlawful entry. No, that's

297
00:19:08,880 --> 00:19:10,639
Speaker 4: not part of the statue. You don't need to fear

298
00:19:10,680 --> 00:19:14,920
Speaker 4: getting injured in your home. You simply have to believe

299
00:19:14,960 --> 00:19:19,680
Speaker 4: it's necessary to terminate their unlawful entry. There's no requirement,

300
00:19:19,680 --> 00:19:21,720
Speaker 4: it's part of the statue. Did there be armed that

301
00:19:21,800 --> 00:19:25,480
Speaker 4: you fear death or anything like that. But these guys

302
00:19:25,520 --> 00:19:29,320
Speaker 4: are armed. One of them's got a an ak, one

303
00:19:29,359 --> 00:19:33,359
Speaker 4: of them's got a sowd off shotgun. Everything's loaded, and

304
00:19:33,400 --> 00:19:36,000
Speaker 4: they come back into your bedroom with every intention of

305
00:19:36,080 --> 00:19:37,920
Speaker 4: killing you and killing your wife. But as they walk

306
00:19:37,960 --> 00:19:40,959
Speaker 4: through the door, your trusty labrador next to the bed barks.

307
00:19:42,160 --> 00:19:45,320
Speaker 4: You pick up your nineteen eleven forty five off the

308
00:19:45,400 --> 00:19:48,560
Speaker 4: nightstand and shoot the first guy that came through the door.

309
00:19:49,880 --> 00:19:53,120
Speaker 4: He folds like a cheap soup, goes down. Second guy

310
00:19:53,720 --> 00:19:58,040
Speaker 4: drops his gun, screams like a scalded bobcat, and goes

311
00:19:58,080 --> 00:20:03,919
Speaker 4: running for the still open front door. You round the

312
00:20:03,920 --> 00:20:07,000
Speaker 4: hallway corner chasing after him. And then when he's got

313
00:20:07,000 --> 00:20:11,000
Speaker 4: one foot out the door, still screaming out of fear,

314
00:20:11,560 --> 00:20:15,399
Speaker 4: having seen his compadre, his fellow criminal get shot, you

315
00:20:15,440 --> 00:20:21,920
Speaker 4: shoot him in the back of the head. He's still

316
00:20:21,920 --> 00:20:26,880
Speaker 4: in your home. He's just got one foot through the

317
00:20:27,359 --> 00:20:30,800
Speaker 4: still open front door as he's leaving. And what I

318
00:20:30,840 --> 00:20:32,680
Speaker 4: was doing when I posted that scenario and end goes,

319
00:20:32,680 --> 00:20:35,680
Speaker 4: this is a long time ago. You'd probably find it.

320
00:20:35,720 --> 00:20:37,480
Speaker 4: You go on there he posts, are you going to jail?

321
00:20:37,480 --> 00:20:40,120
Speaker 4: But I posted several like that, with involving different scenarios,

322
00:20:40,160 --> 00:20:41,919
Speaker 4: and I would What I was usually doing is I

323
00:20:41,960 --> 00:20:47,159
Speaker 4: was trying to invite somewhat wrong answers so that I

324
00:20:47,160 --> 00:20:50,920
Speaker 4: could hopefully correct some misimpressions that I perceived existed about

325
00:20:50,920 --> 00:20:53,560
Speaker 4: Indiana law. Because what a lot of people have said

326
00:20:53,560 --> 00:20:57,040
Speaker 4: for a lot of years, go out there and conventional

327
00:20:57,040 --> 00:21:01,200
Speaker 4: wisdom which often may be conventional but not necessarily wise

328
00:21:02,720 --> 00:21:04,000
Speaker 4: out there as well. If they're in your home, you

329
00:21:04,000 --> 00:21:05,800
Speaker 4: can shoot them. If they're in your home. If they're

330
00:21:05,840 --> 00:21:08,200
Speaker 4: in your home, you can shoot them. Now, for the

331
00:21:08,240 --> 00:21:13,160
Speaker 4: most part, that's true. That's why I say it's it's

332
00:21:13,280 --> 00:21:16,240
Speaker 4: very relevant whether this guy, the alleged rapist, was still

333
00:21:16,240 --> 00:21:18,960
Speaker 4: in this young lady's house in Speedway when she picked

334
00:21:19,000 --> 00:21:22,280
Speaker 4: up a gun and started shooting at him. But I

335
00:21:22,320 --> 00:21:26,520
Speaker 4: was highlighting the use of the word necessary in the

336
00:21:26,520 --> 00:21:31,439
Speaker 4: Indiana Self Defense Statute because it's not just in the

337
00:21:31,480 --> 00:21:35,800
Speaker 4: castle doctrine portion that talks about your dwelling, but it's

338
00:21:35,840 --> 00:21:38,639
Speaker 4: also in the general self Defense Statute talks about the

339
00:21:38,680 --> 00:21:41,640
Speaker 4: ability to use force, including deadly forced, to prevent serious

340
00:21:41,640 --> 00:21:43,520
Speaker 4: bodily injury to you or a third person. You have

341
00:21:43,560 --> 00:21:50,560
Speaker 4: to reasonably believe that's necessary. And that's really my only

342
00:21:50,600 --> 00:21:54,080
Speaker 4: point in bringing this up. You have to prevent, or

343
00:21:54,480 --> 00:21:57,400
Speaker 4: you have to reasonably believe that you're preventing or terminating

344
00:21:57,440 --> 00:22:00,439
Speaker 4: an unlawful entry into your home if the castle doctrine apply,

345
00:22:01,400 --> 00:22:05,000
Speaker 4: and the word necessary is an important requirement in that context.

346
00:22:06,600 --> 00:22:09,879
Speaker 4: And listen, do I think even in Marion County. Do

347
00:22:09,960 --> 00:22:14,720
Speaker 4: I think a young lady who just experienced a rape,

348
00:22:15,240 --> 00:22:17,359
Speaker 4: who just suffered through a rape, was a victim of

349
00:22:17,400 --> 00:22:19,520
Speaker 4: a rape, who defends herself against a rapist. Do I

350
00:22:19,520 --> 00:22:22,800
Speaker 4: think there's a reasonable likelihood that she can or will

351
00:22:22,920 --> 00:22:25,800
Speaker 4: or should get prosecuted? Absolutely, one hundred percent.

352
00:22:25,920 --> 00:22:26,000
Speaker 5: Not.

353
00:22:28,800 --> 00:22:32,520
Speaker 4: But I want folks to know and understand that the

354
00:22:32,560 --> 00:22:39,879
Speaker 4: word necessary is in the statute, and and payback And

355
00:22:39,960 --> 00:22:42,320
Speaker 4: I'm not accusing her of this. I'm not saying it applies.

356
00:22:43,320 --> 00:22:46,600
Speaker 4: Payback is not part of the of the scenarios that

357
00:22:46,600 --> 00:22:49,200
Speaker 4: are justified under an Indiana law. Now, I'm going to

358
00:22:49,280 --> 00:22:51,240
Speaker 4: go back and talk about the word necessary. It's in

359
00:22:51,280 --> 00:22:54,479
Speaker 4: the statute. That is, you have to reasonably if it's

360
00:22:54,520 --> 00:22:57,159
Speaker 4: necessary to prevent her terminated a unlawful entry into your

361
00:22:57,200 --> 00:23:01,040
Speaker 4: dwelling under the castle doctrine, or deadly for is necessary

362
00:23:01,040 --> 00:23:02,960
Speaker 4: to prevent serious bodile of the injury to you or

363
00:23:02,960 --> 00:23:05,280
Speaker 4: a third person, or the commission of a forcible felony.

364
00:23:05,640 --> 00:23:08,320
Speaker 4: That's what's in the general self defense Statute. I'm going

365
00:23:08,359 --> 00:23:13,280
Speaker 4: to talk about that word, and that word being in

366
00:23:13,440 --> 00:23:19,560
Speaker 4: most states self defense law traditionally under the common laws.

367
00:23:19,720 --> 00:23:22,119
Speaker 4: You know the cases that grew up, and then in

368
00:23:22,160 --> 00:23:28,080
Speaker 4: the codified statutes that were passed across the country. Why

369
00:23:28,119 --> 00:23:34,560
Speaker 4: the word necessary that exists in most states self defense laws,

370
00:23:34,720 --> 00:23:39,600
Speaker 4: whatever form they take, is exactly why we have a castle,

371
00:23:39,760 --> 00:23:44,640
Speaker 4: excuse me, a stand your ground provision in our self

372
00:23:44,680 --> 00:23:48,719
Speaker 4: defense law, and why so many other states have a

373
00:23:48,760 --> 00:23:51,520
Speaker 4: stand your ground provision in their self defense law. Of

374
00:23:51,520 --> 00:23:53,720
Speaker 4: people say, oh, well, we have a standard ground law. Well,

375
00:23:55,000 --> 00:23:59,320
Speaker 4: we have a self defense law, and in virtually every

376
00:23:59,320 --> 00:24:01,919
Speaker 4: subsection of that law that talks about the use of force,

377
00:24:02,000 --> 00:24:06,120
Speaker 4: and including the use of deadly force, there's a standard

378
00:24:06,160 --> 00:24:10,840
Speaker 4: ground provision. And the reason it's there is because of

379
00:24:11,000 --> 00:24:15,960
Speaker 4: some of how some courts have applied the word necessary

380
00:24:16,000 --> 00:24:18,560
Speaker 4: that's in a self defense statute. Are you confused? You

381
00:24:18,560 --> 00:24:21,440
Speaker 4: don't see where I'm going? I completely understand. I will

382
00:24:21,480 --> 00:24:23,920
Speaker 4: parse it all out and explain it completely when we

383
00:24:23,960 --> 00:24:25,480
Speaker 4: come back, as well as go to the phone lines.

384
00:24:25,480 --> 00:24:26,919
Speaker 4: We've had a couple of people on hold here for

385
00:24:26,960 --> 00:24:29,200
Speaker 4: a while. We'll go to the phone lines and can

386
00:24:29,280 --> 00:24:31,960
Speaker 4: you continue the discussion of the use of force and

387
00:24:32,000 --> 00:24:37,600
Speaker 4: self defense? Again highlighted by this this horrible crime, a

388
00:24:37,680 --> 00:24:39,920
Speaker 4: rape that apparently happened on the northeast side of India

389
00:24:40,160 --> 00:24:42,840
Speaker 4: and a lady defending herself and a lot of us

390
00:24:42,840 --> 00:24:45,560
Speaker 4: are cheering her on in that regard, but using that

391
00:24:45,600 --> 00:24:47,440
Speaker 4: as an opportunity for a little bit of education on

392
00:24:47,520 --> 00:24:49,240
Speaker 4: India and a self defense law. That's what we're talking

393
00:24:49,240 --> 00:24:51,400
Speaker 4: about tonight for right now, anyway, give us a call,

394
00:24:51,520 --> 00:24:55,080
Speaker 4: join the discussion. Three one seven, two three nine, ninety three,

395
00:24:55,200 --> 00:24:57,360
Speaker 4: ninety three. This is Guy Ralford on The Gun Guy

396
00:24:57,400 --> 00:24:59,680
Speaker 4: Show on ninety three WYBC.

397
00:25:04,760 --> 00:25:08,720
Speaker 1: The show about gun rights, gun safety and responsible Guto

398
00:25:08,800 --> 00:25:12,080
Speaker 1: the ship. This is the Gun Guy, Guy Ralford on

399
00:25:12,320 --> 00:25:13,920
Speaker 1: ninety three w y DC.

400
00:25:15,080 --> 00:25:17,280
Speaker 4: And welcome back. I'm Guy Ralford on The Gun Guy

401
00:25:17,320 --> 00:25:19,680
Speaker 4: Show on ninety three w IBC. I'll tell you what

402
00:25:19,760 --> 00:25:23,280
Speaker 4: we're talking self defense. But let's go to the phone lines.

403
00:25:23,560 --> 00:25:26,560
Speaker 4: Hugh's been on hold for a while. Hugh, Welcome to

404
00:25:26,560 --> 00:25:30,439
Speaker 4: the Gun Guy Show. How are you good, sir? Are

405
00:25:30,440 --> 00:25:31,080
Speaker 4: you doing all right?

406
00:25:32,280 --> 00:25:32,960
Speaker 6: I'm doing great?

407
00:25:33,200 --> 00:25:33,400
Speaker 1: Good?

408
00:25:33,400 --> 00:25:35,640
Speaker 6: Which guy for us?

409
00:25:36,040 --> 00:25:38,480
Speaker 7: I'm the ride share guy and I'm on my way

410
00:25:38,480 --> 00:25:40,639
Speaker 7: to Bloomington to work to Illinois.

411
00:25:40,680 --> 00:25:42,760
Speaker 4: Gay, Oh awesome. I'll tell you what I'm saying.

412
00:25:42,760 --> 00:25:44,280
Speaker 6: I hope we don't get cut I hope we don't

413
00:25:44,280 --> 00:25:44,920
Speaker 6: get cut off.

414
00:25:45,720 --> 00:25:48,240
Speaker 4: I understand, we'll do our best. What what you guy

415
00:25:48,280 --> 00:25:49,360
Speaker 4: for us?

416
00:25:49,800 --> 00:25:52,560
Speaker 7: Okay, I'll try to be real brief. I've been retired

417
00:25:52,560 --> 00:25:54,439
Speaker 7: about ten years.

418
00:25:54,000 --> 00:25:56,480
Speaker 6: And being being a ride shar river, I see a

419
00:25:56,480 --> 00:25:57,080
Speaker 6: lot of stuff.

420
00:25:58,240 --> 00:26:01,399
Speaker 7: I picked up some kids and it couldn't have been

421
00:26:01,440 --> 00:26:03,840
Speaker 7: no more than fifteen years years old at that gun

422
00:26:03,880 --> 00:26:07,359
Speaker 7: shop up there at about fifty fifth in Tacoma.

423
00:26:07,400 --> 00:26:08,960
Speaker 6: I think, do you know the one I'm talking about?

424
00:26:09,119 --> 00:26:09,719
Speaker 4: Sure?

425
00:26:09,760 --> 00:26:11,760
Speaker 7: All the time, and I took I took them to

426
00:26:11,840 --> 00:26:16,479
Speaker 7: some apartments at seventeenth in park right next to the

427
00:26:16,840 --> 00:26:20,600
Speaker 7: Kroger that should have been torn down been rebuilt forty

428
00:26:20,680 --> 00:26:21,280
Speaker 7: years ago.

429
00:26:21,560 --> 00:26:23,720
Speaker 6: Do you know which one I'm talking about there too? Right?

430
00:26:23,920 --> 00:26:25,359
Speaker 4: I think so?

431
00:26:25,400 --> 00:26:28,439
Speaker 7: The very next morning someone got shot and killed in

432
00:26:28,440 --> 00:26:29,320
Speaker 7: that parking lot.

433
00:26:30,480 --> 00:26:33,040
Speaker 6: About a week later, there.

434
00:26:32,920 --> 00:26:37,880
Speaker 7: Was a carjacking at gunpoint at fourteenth in Alabama.

435
00:26:38,640 --> 00:26:41,760
Speaker 6: These kids live in this neighborhood. And I've done this.

436
00:26:41,640 --> 00:26:44,080
Speaker 7: More than once, more than different groups.

437
00:26:44,280 --> 00:26:46,320
Speaker 6: One time I fixed some kids up and dropped them off.

438
00:26:46,560 --> 00:26:48,880
Speaker 7: Took them up to thirty six and post turn right,

439
00:26:49,080 --> 00:26:51,440
Speaker 7: turn left, dropped them off right there. The very next

440
00:26:51,520 --> 00:26:53,760
Speaker 7: night I had taken a woman home and they had

441
00:26:53,800 --> 00:26:56,320
Speaker 7: that old street blocked off and lit up because some

442
00:26:56,400 --> 00:26:59,000
Speaker 7: might shot at a cop. Now I can't say that

443
00:26:59,040 --> 00:27:01,280
Speaker 7: these were the kids that did that's stuff, but.

444
00:27:03,560 --> 00:27:06,320
Speaker 6: You know, just the body.

445
00:27:08,640 --> 00:27:10,920
Speaker 4: Well yeah, you and I guess I'm not sure where

446
00:27:10,920 --> 00:27:13,000
Speaker 4: you're going with this. Are you concerned that they were

447
00:27:13,040 --> 00:27:14,440
Speaker 4: able to buy guns illegally?

448
00:27:15,280 --> 00:27:18,560
Speaker 7: It's my concern that that it's easy for these kids

449
00:27:18,560 --> 00:27:19,440
Speaker 7: to get guns.

450
00:27:19,720 --> 00:27:23,159
Speaker 4: Okay, all right, Well, let me tell you and and

451
00:27:23,320 --> 00:27:26,320
Speaker 4: listen to be an involved citizen, to be concerned about

452
00:27:26,359 --> 00:27:29,480
Speaker 4: what's going on, to be paying attention around you. Those

453
00:27:29,480 --> 00:27:32,600
Speaker 4: are all good things. But you know what you estimated.

454
00:27:32,600 --> 00:27:35,440
Speaker 4: These kids were fifteen or so. And let me tell

455
00:27:35,440 --> 00:27:41,040
Speaker 4: you I and I do business there. I teach classes there.

456
00:27:41,320 --> 00:27:44,240
Speaker 4: I only have any kind of ownership interest or anything

457
00:27:44,320 --> 00:27:46,359
Speaker 4: other than I teach classes there. But you're talking about

458
00:27:46,359 --> 00:27:48,960
Speaker 4: Indie Arms. And let me tell you. If there's a

459
00:27:49,000 --> 00:27:51,720
Speaker 4: gun store in Marion County or Indianapolis that I'm one

460
00:27:51,760 --> 00:27:57,000
Speaker 4: hundred percent confident that follows the rules and then some

461
00:27:57,720 --> 00:28:01,360
Speaker 4: on selling guns, it's Indie Arms concern. I know their

462
00:28:01,440 --> 00:28:04,440
Speaker 4: sales manager. It's a great guy and an ultimate professional.

463
00:28:04,760 --> 00:28:08,000
Speaker 4: The guys that work there and a fifteen year olds,

464
00:28:08,000 --> 00:28:09,760
Speaker 4: I'll tell you, right now, did not walk into Indie

465
00:28:09,840 --> 00:28:15,800
Speaker 4: Arms by a gun. Didn't happen. They they follow the law.

466
00:28:16,280 --> 00:28:19,600
Speaker 4: They take their responsibility very seriously. I've been in there

467
00:28:21,000 --> 00:28:26,119
Speaker 4: just shopping myself when they were just concerned because one person,

468
00:28:26,600 --> 00:28:28,359
Speaker 4: you know, you say, two people come in there together

469
00:28:28,400 --> 00:28:29,680
Speaker 4: and one of them is kind of looking at the

470
00:28:29,760 --> 00:28:31,359
Speaker 4: different guns and kind of saying, you know, I kind

471
00:28:31,359 --> 00:28:33,359
Speaker 4: of like this one, kind of look that like that one,

472
00:28:33,680 --> 00:28:36,560
Speaker 4: and then the other one says, you know, I want

473
00:28:36,560 --> 00:28:38,680
Speaker 4: to buy this gun right here. You know, I want

474
00:28:38,680 --> 00:28:41,440
Speaker 4: to buy this clock block nineteen, this one right here.

475
00:28:42,600 --> 00:28:45,240
Speaker 4: I've watched them do it. Say you know what, I

476
00:28:45,280 --> 00:28:47,720
Speaker 4: have a little concern that you're not the actual purchaser.

477
00:28:49,200 --> 00:28:52,760
Speaker 4: I'm not accusing you of trying to do a straw purchase,

478
00:28:54,360 --> 00:28:57,120
Speaker 4: but I'm uncomfortable making this sale. I'm sorry, We're not

479
00:28:57,120 --> 00:29:00,360
Speaker 4: gonna be able to do business with you today. Could

480
00:29:00,400 --> 00:29:04,120
Speaker 4: they have made that sale, could it have been legal? Absolutely?

481
00:29:05,360 --> 00:29:08,400
Speaker 4: But but but they go above and beyond. So listen again,

482
00:29:08,480 --> 00:29:11,000
Speaker 4: I applaud you for being observant and paying attention to

483
00:29:11,080 --> 00:29:14,040
Speaker 4: your surroundings. And if you have concerns about, you know,

484
00:29:14,080 --> 00:29:18,440
Speaker 4: these kids perhaps being involved, then then by all means

485
00:29:18,480 --> 00:29:21,400
Speaker 4: call authorities and all that's good and positive, and I

486
00:29:21,440 --> 00:29:24,760
Speaker 4: applaud that element of it. But we say it's easy

487
00:29:24,760 --> 00:29:27,760
Speaker 4: for these kids to get guns. Fifteen year olds or

488
00:29:27,800 --> 00:29:30,560
Speaker 4: anything close to that didn't or even if they were handguns,

489
00:29:31,200 --> 00:29:35,200
Speaker 4: you gotta be twenty one. So there they are far

490
00:29:35,240 --> 00:29:37,320
Speaker 4: removed from the ability to legally buy a gun. And

491
00:29:37,640 --> 00:29:40,600
Speaker 4: they didn't walk into Indian Arms or I think, frankly

492
00:29:40,680 --> 00:29:49,040
Speaker 4: any other FFL that is registered licensed gun dealer in

493
00:29:49,040 --> 00:29:52,200
Speaker 4: Indianapolis and buy a gun. I mean, those people are

494
00:29:52,240 --> 00:29:55,640
Speaker 4: not going to stay in business, and they're they're potentially

495
00:29:55,680 --> 00:29:58,640
Speaker 4: going to go to jail themselves for I legally selling guns.

496
00:29:58,720 --> 00:30:01,120
Speaker 4: So I hear you know, gun control people say that

497
00:30:01,160 --> 00:30:02,640
Speaker 4: all the time, Wow, it's just too easy for people

498
00:30:02,680 --> 00:30:04,960
Speaker 4: to get guns. Well, it may be too easy to

499
00:30:05,000 --> 00:30:08,600
Speaker 4: get guns illegally, that is from fellow criminals on the

500
00:30:08,640 --> 00:30:13,480
Speaker 4: streets or fellow gang members, but not walking into gun

501
00:30:13,480 --> 00:30:17,200
Speaker 4: stores and buying them from a FFL, a federal firearms

502
00:30:17,240 --> 00:30:20,800
Speaker 4: licensee at a particular one. I know for a fact

503
00:30:20,800 --> 00:30:24,680
Speaker 4: that take their legal responsibilities so seriously, Like the good

504
00:30:24,680 --> 00:30:27,760
Speaker 4: folks there at Indie Arms. So again, I teach classes there.

505
00:30:27,800 --> 00:30:29,840
Speaker 4: I know these folks they're friends of mine. I've had

506
00:30:29,840 --> 00:30:32,480
Speaker 4: a business relationship. So take that all for what it's worth,

507
00:30:32,920 --> 00:30:36,240
Speaker 4: but I say it emphatically and without reservation. We're a

508
00:30:36,280 --> 00:30:38,680
Speaker 4: little past the three quarter hour. Let's take a break.

509
00:30:39,000 --> 00:30:41,360
Speaker 4: We'll come back out talk again about self defense. And

510
00:30:41,400 --> 00:30:43,800
Speaker 4: we've all got another couple of people on holds. We'll

511
00:30:43,840 --> 00:30:45,880
Speaker 4: go to the phone lines as well. This is Guy

512
00:30:45,960 --> 00:30:48,560
Speaker 4: Ralford on The Gun Guy Show on ninety three WYBC.

513
00:30:54,280 --> 00:30:58,760
Speaker 1: We show about gun rights, gun safety, and responsible gun ownership.

514
00:30:58,960 --> 00:31:02,080
Speaker 1: This is the Gun Guy with Guy Ralford on ninety

515
00:31:02,120 --> 00:31:04,320
Speaker 1: three WYPC.

516
00:31:04,480 --> 00:31:06,600
Speaker 4: And welcome back. We've got a bit of a short

517
00:31:06,680 --> 00:31:09,000
Speaker 4: segment here, did anyway, and then we got the severe

518
00:31:09,640 --> 00:31:12,720
Speaker 4: storm warning. Hey, if you're in the affected area, you know,

519
00:31:12,800 --> 00:31:15,600
Speaker 4: keep an eye on your surroundings, don't hesitate to get

520
00:31:15,640 --> 00:31:20,400
Speaker 4: yourself to a place of safety if conditions warrant. So

521
00:31:20,760 --> 00:31:24,560
Speaker 4: thanks to Nashville, to the National Weather Service, I can

522
00:31:24,600 --> 00:31:27,360
Speaker 4: talk for issuing that warning. I'll tell you what. We

523
00:31:27,360 --> 00:31:28,760
Speaker 4: don't have a lot of time. Let's go to the

524
00:31:28,800 --> 00:31:32,160
Speaker 4: phone lines and Brian's been on hold for a while. Brian,

525
00:31:32,280 --> 00:31:33,360
Speaker 4: Welcome to the Gun Guy Show.

526
00:31:34,160 --> 00:31:35,240
Speaker 6: Hi counselor.

527
00:31:35,600 --> 00:31:39,720
Speaker 8: I would just had a comment about rape, and you

528
00:31:39,800 --> 00:31:43,040
Speaker 8: only I used to be an assistant and rape classes

529
00:31:43,080 --> 00:31:45,320
Speaker 8: back in the day, and you only have a brief

530
00:31:45,400 --> 00:31:48,840
Speaker 8: moment to decide if you're a victim or a survivor. Yeah,

531
00:31:48,880 --> 00:31:51,959
Speaker 8: And my question was, how do you buy a gun

532
00:31:52,040 --> 00:31:54,400
Speaker 8: from a directly from a manufacturer?

533
00:31:55,000 --> 00:31:57,480
Speaker 4: Oh, well, you know, every manufacturer is going to have

534
00:31:57,520 --> 00:32:02,560
Speaker 4: its own rules. Typically, Brian, you need to be an FFL,

535
00:32:03,440 --> 00:32:06,520
Speaker 4: that is, have your Federal firearms license. And even then

536
00:32:06,560 --> 00:32:09,120
Speaker 4: depending on the manufacturer, may be difficult. But because a

537
00:32:09,160 --> 00:32:13,800
Speaker 4: lot of them only sell through distributors, even to FFLs

538
00:32:13,960 --> 00:32:16,960
Speaker 4: that is Federal firearms licensees. But I don't want to,

539
00:32:18,080 --> 00:32:22,840
Speaker 4: you know, generalize across all manufacturers because they could each

540
00:32:22,880 --> 00:32:24,800
Speaker 4: have their own rules. A lot of times you can

541
00:32:24,920 --> 00:32:29,160
Speaker 4: order some manufacturers anyway. You can order from their website

542
00:32:29,440 --> 00:32:33,400
Speaker 4: and they just will ship it to an FFL near

543
00:32:33,520 --> 00:32:34,880
Speaker 4: you and that's where you go to pick it up

544
00:32:34,920 --> 00:32:37,360
Speaker 4: and fill out the forty four to seventy three and

545
00:32:37,400 --> 00:32:40,360
Speaker 4: get your background checked done. I'll tell you what. We've

546
00:32:40,400 --> 00:32:43,240
Speaker 4: only got about a minute, so I'm not going to

547
00:32:43,280 --> 00:32:44,760
Speaker 4: go back to the phone lines. You folks that are

548
00:32:44,800 --> 00:32:48,000
Speaker 4: on hold, please have patients and stick around with us

549
00:32:48,080 --> 00:32:49,720
Speaker 4: during the break at the top of the hour. We'll

550
00:32:49,720 --> 00:32:52,600
Speaker 4: go back to the phone lines here when we come

551
00:32:52,640 --> 00:32:55,280
Speaker 4: back after the break at the top of the hour.

552
00:32:55,360 --> 00:32:57,960
Speaker 4: But I want to talk about self defense. Remember I

553
00:32:58,040 --> 00:33:00,680
Speaker 4: was saying that the word necessary, that is, you must

554
00:33:00,840 --> 00:33:06,240
Speaker 4: reasonably believe that it's necessary to prevent serious bodily injury

555
00:33:06,280 --> 00:33:08,040
Speaker 4: to you or a third person, or to prevent the

556
00:33:08,080 --> 00:33:12,720
Speaker 4: commission of a forcible family before you can use deadly force.

557
00:33:14,080 --> 00:33:16,240
Speaker 4: Under the general self Defense statue, you have to believe

558
00:33:16,280 --> 00:33:19,880
Speaker 4: that it's necessary to use deadly force to prevent or

559
00:33:20,000 --> 00:33:23,800
Speaker 4: terminate an unlawful entry into or attack on your dwelling. Now, again,

560
00:33:23,920 --> 00:33:26,400
Speaker 4: the castle doctrine in Indiana goes a little more broadly

561
00:33:26,440 --> 00:33:30,960
Speaker 4: than that, talks about critilage, which always is an interesting discussion,

562
00:33:32,080 --> 00:33:34,960
Speaker 4: an occupied motor vehicle, which is I think a very

563
00:33:35,000 --> 00:33:37,920
Speaker 4: positive part of Indiana's law. But the word necessary is there.

564
00:33:38,400 --> 00:33:44,240
Speaker 4: The word necessary is actually why we have a stand

565
00:33:44,280 --> 00:33:48,960
Speaker 4: your ground provision in the Indiana Self Defense Statute. And

566
00:33:49,000 --> 00:33:51,600
Speaker 4: I'll explain that after the break at the top of

567
00:33:51,640 --> 00:33:55,840
Speaker 4: the hour. And the general explanation, which I'll get into

568
00:33:55,960 --> 00:33:59,400
Speaker 4: more specifically, is if you can run away first, is

569
00:33:59,440 --> 00:34:03,040
Speaker 4: it ever necessary to use force and self defense. Well,

570
00:34:03,080 --> 00:34:05,240
Speaker 4: that's what the castle doctrine. Excuse me, that's what the

571
00:34:05,240 --> 00:34:08,560
Speaker 4: standard ground provision of the law addresses. But right now

572
00:34:08,600 --> 00:34:10,040
Speaker 4: we're taking a break to the top of the hour.

573
00:34:10,080 --> 00:34:12,279
Speaker 4: Will be back soon, it says Guy Ralford on ninety

574
00:34:12,320 --> 00:34:13,279
Speaker 4: three WYBC.

575
00:34:15,880 --> 00:34:19,759
Speaker 1: A well regulated militia being necessary to the security of

576
00:34:19,800 --> 00:34:22,839
Speaker 1: a free state, the right of the people to keep

577
00:34:22,920 --> 00:34:26,799
Speaker 1: in their arms shall not be infringed. This is the

578
00:34:26,840 --> 00:34:29,840
Speaker 1: Second Amendment, and this is the gun.

579
00:34:29,640 --> 00:34:37,000
Speaker 2: Guy boom boom boom boom bang bang bang bang boom

580
00:34:37,040 --> 00:34:40,520
Speaker 2: boom boom boom bang bang bo.

581
00:34:40,520 --> 00:34:44,359
Speaker 3: Guy Ralford on ninety three WYBC.

582
00:34:44,800 --> 00:34:47,200
Speaker 4: And welcome back to our number two, The Gun Guy

583
00:34:47,280 --> 00:34:50,760
Speaker 4: Show on ninety three WIBC, talking about the self defense

584
00:34:50,880 --> 00:34:55,960
Speaker 4: law and why the word necessary actually is the reason

585
00:34:56,000 --> 00:35:01,440
Speaker 4: why we have stand your ground provisions in a lot

586
00:35:01,640 --> 00:35:07,320
Speaker 4: of the different states self defense laws across the country.

587
00:35:08,000 --> 00:35:10,799
Speaker 4: What am I talking about? If you're just joining us,

588
00:35:10,880 --> 00:35:14,720
Speaker 4: let me recap here just a bit. Indiana self Defense

589
00:35:14,719 --> 00:35:17,839
Speaker 4: Statute talks about different scenarios when you're justified and using

590
00:35:17,880 --> 00:35:20,320
Speaker 4: force in self defense or defense. But a third person

591
00:35:21,480 --> 00:35:26,279
Speaker 4: and the two most often cited ones are what I

592
00:35:26,320 --> 00:35:29,200
Speaker 4: call the general self defense provision that says, and this

593
00:35:29,239 --> 00:35:30,759
Speaker 4: is what applies to you, no matter where you are,

594
00:35:31,640 --> 00:35:33,720
Speaker 4: could be at home, you could be out on the street,

595
00:35:35,239 --> 00:35:38,400
Speaker 4: wherever you are within the state of Indiana, this applies.

596
00:35:38,960 --> 00:35:41,720
Speaker 4: And it says you can use reasonable force, including deadly force,

597
00:35:42,880 --> 00:35:48,080
Speaker 4: if you reasonably believe that force is necessary to prevent

598
00:35:48,239 --> 00:35:50,600
Speaker 4: serious bodily injury to you or a third person, or

599
00:35:50,640 --> 00:35:55,279
Speaker 4: the commission of a forcable felony. That reasonably believe that

600
00:35:55,320 --> 00:35:58,080
Speaker 4: it is necessary necessary being an important word. And then

601
00:35:58,160 --> 00:36:01,760
Speaker 4: the castle doctrine, you can use reasonable force, including deadly force,

602
00:36:01,840 --> 00:36:08,160
Speaker 4: if you reasonably believe that force is necessary important word

603
00:36:08,840 --> 00:36:12,200
Speaker 4: for you to prevent or terminate an unlawful entry into

604
00:36:12,440 --> 00:36:15,600
Speaker 4: or attack on you're dwelling. That's why we call it

605
00:36:15,640 --> 00:36:20,880
Speaker 4: castle doctrine. You're defending your castle, your home. You're dwelling

606
00:36:21,120 --> 00:36:26,600
Speaker 4: curtilage or occupied in other vehicle. And I've spent big

607
00:36:26,680 --> 00:36:29,000
Speaker 4: chunks of shows before talking about curtilage. I won't go

608
00:36:29,080 --> 00:36:32,000
Speaker 4: into detail on that. Essentially, it's an area that may

609
00:36:32,040 --> 00:36:34,520
Speaker 4: not be within the walls of your home, but where

610
00:36:34,600 --> 00:36:37,360
Speaker 4: you still have an expectation of privacy and where normal

611
00:36:37,400 --> 00:36:40,520
Speaker 4: domestic activities occur and people seem to think that's their

612
00:36:40,520 --> 00:36:44,319
Speaker 4: whole yard, their whole property. No, no, no, it would

613
00:36:44,360 --> 00:36:47,799
Speaker 4: be like you're screened in porch where you have an

614
00:36:47,840 --> 00:36:51,200
Speaker 4: expectation of privacy, where normal domestic activities occur. In other words,

615
00:36:51,239 --> 00:36:52,879
Speaker 4: you're doing the same thing there that you do in

616
00:36:52,920 --> 00:36:57,880
Speaker 4: your home. Beyond that, I'm not confident when there's not

617
00:36:57,920 --> 00:37:00,600
Speaker 4: a single case in Indiana in a self defense context

618
00:37:00,920 --> 00:37:04,839
Speaker 4: that talks about what curtilage is. So to me, it's

619
00:37:04,840 --> 00:37:07,520
Speaker 4: so poorly defined and so vague. I'm not relying on

620
00:37:07,600 --> 00:37:11,680
Speaker 4: that in order to use force to defend my home.

621
00:37:11,760 --> 00:37:13,319
Speaker 4: I'm going to have to rely on a general self

622
00:37:13,360 --> 00:37:16,960
Speaker 4: defense statute and make sure I have that reasonable belief

623
00:37:17,000 --> 00:37:19,640
Speaker 4: I'm preventing serious bodily injury from me or someone else,

624
00:37:20,120 --> 00:37:21,799
Speaker 4: or the commission of a force fall filling. That goes

625
00:37:21,800 --> 00:37:24,800
Speaker 4: on to say, you're occupied motor vehicle. Your has to

626
00:37:24,800 --> 00:37:29,280
Speaker 4: be your vehicle that's occupied, but you are another innocent person.

627
00:37:31,000 --> 00:37:33,840
Speaker 4: You can prevent or terminate an unlawful entry of or

628
00:37:33,880 --> 00:37:37,680
Speaker 4: attack on your occupied motor vehicle. That's the castle doctrine.

629
00:37:37,760 --> 00:37:40,080
Speaker 4: But the word necessaries in both those provisions, by the way,

630
00:37:40,440 --> 00:37:42,719
Speaker 4: it's in the other two provision. One deals with use

631
00:37:42,719 --> 00:37:47,880
Speaker 4: of force against a what's called a public servant, and

632
00:37:47,960 --> 00:37:50,560
Speaker 4: the statute it actually deals with use of force against

633
00:37:50,600 --> 00:37:55,160
Speaker 4: police officers who are acting unlawfully against you. And then

634
00:37:55,480 --> 00:37:59,120
Speaker 4: the other, the fourth one, is the use of force,

635
00:37:59,160 --> 00:38:02,560
Speaker 4: including deadly for to prevent the hijacking of an airplane.

636
00:38:03,440 --> 00:38:06,080
Speaker 4: Those are the four provisions of the Indiana Self Defense Statute.

637
00:38:06,120 --> 00:38:08,759
Speaker 4: They all have that word necessary in them. You have

638
00:38:08,800 --> 00:38:13,480
Speaker 4: to believe it's necessary, and then it goes on to

639
00:38:13,520 --> 00:38:16,560
Speaker 4: define the standards that you must meet in order to

640
00:38:16,600 --> 00:38:22,359
Speaker 4: be justified. Well, what some courts did historically is they

641
00:38:22,400 --> 00:38:25,359
Speaker 4: came out and they looked at the word necessary and said,

642
00:38:25,400 --> 00:38:31,319
Speaker 4: hold on, you can never have this reasonable belief that

643
00:38:31,560 --> 00:38:35,640
Speaker 4: the use of deadly force is necessary if you have

644
00:38:35,719 --> 00:38:40,400
Speaker 4: an opportunity to run away first. And so some courts,

645
00:38:40,440 --> 00:38:45,160
Speaker 4: not in Indiana, but across the country, some courts started imposing

646
00:38:45,239 --> 00:38:50,600
Speaker 4: an obligation to flee, to retreat, to run away if

647
00:38:50,640 --> 00:38:55,239
Speaker 4: you have the opportunity to do so. And in some

648
00:38:55,280 --> 00:38:58,680
Speaker 4: states the law still operates that way. They're not quote

649
00:38:58,719 --> 00:39:02,960
Speaker 4: unquote stand your ground states. If you have an opportunity

650
00:39:02,960 --> 00:39:06,160
Speaker 4: to run away, you have to run away, believe it

651
00:39:06,280 --> 00:39:09,120
Speaker 4: or not. In some states even in your home under

652
00:39:09,160 --> 00:39:13,440
Speaker 4: their so called castle doctrine, if you have, if you

653
00:39:13,440 --> 00:39:15,759
Speaker 4: have an opportunity to run out the back door when

654
00:39:15,760 --> 00:39:17,600
Speaker 4: someone breaks in your home, you have to do that.

655
00:39:18,160 --> 00:39:20,759
Speaker 4: How ridiculous is that? And leave the bad guy in

656
00:39:20,800 --> 00:39:27,000
Speaker 4: your house? Oh hell no, oh hell no. But that's

657
00:39:27,000 --> 00:39:31,239
Speaker 4: the way some states function, not any red states, as

658
00:39:31,280 --> 00:39:35,520
Speaker 4: you might guess. So to address that, what some courts

659
00:39:35,560 --> 00:39:38,759
Speaker 4: were doing by imposing an obligation to retreat, to run

660
00:39:38,800 --> 00:39:46,040
Speaker 4: away before you have the ability to defend yourself or others,

661
00:39:46,600 --> 00:39:49,600
Speaker 4: a lot of states built into their self defense law

662
00:39:50,320 --> 00:39:54,120
Speaker 4: what we call is stand your ground provision in an

663
00:39:54,160 --> 00:39:59,000
Speaker 4: Indiana statute, all that is, it's just one line that

664
00:39:59,120 --> 00:40:08,400
Speaker 4: just says with no obligation to retreat, and that alone

665
00:40:08,560 --> 00:40:10,759
Speaker 4: is what makes it a stand your ground law. In

666
00:40:10,760 --> 00:40:13,759
Speaker 4: other words, the statute says, can you use reasonable force,

667
00:40:13,800 --> 00:40:18,520
Speaker 4: including deadly force, if you reasonably believe that force is

668
00:40:18,680 --> 00:40:21,799
Speaker 4: necessary to prevent serious final injury and everything I've now

669
00:40:21,800 --> 00:40:25,120
Speaker 4: repeated several times, and then it says, right in the statue,

670
00:40:25,120 --> 00:40:30,120
Speaker 4: with no duty to retreat, And just that little provision,

671
00:40:30,200 --> 00:40:32,160
Speaker 4: just those very few words, is what makes it a

672
00:40:32,160 --> 00:40:35,200
Speaker 4: stand your ground law. Now that gets mischaracterized all the time,

673
00:40:35,239 --> 00:40:38,399
Speaker 4: and people don't understand how that works, and people tend

674
00:40:38,440 --> 00:40:41,439
Speaker 4: to use stand your ground to refer to a whole

675
00:40:41,440 --> 00:40:43,719
Speaker 4: self defense statute. I mean, how many times have you

676
00:40:43,800 --> 00:40:45,560
Speaker 4: seen the media do that? And I have members of

677
00:40:45,600 --> 00:40:47,480
Speaker 4: the media call me all the time. Guy, I want

678
00:40:47,480 --> 00:40:49,040
Speaker 4: to talk to you about how this works under Indiana

679
00:40:49,120 --> 00:40:51,560
Speaker 4: stand your Ground law. And I won't have anything to

680
00:40:51,600 --> 00:40:54,120
Speaker 4: do with stand your ground or that particular provision. It

681
00:40:54,120 --> 00:40:57,040
Speaker 4: doesn't apply. Nobody's saying somebody needed to run away first,

682
00:40:57,320 --> 00:40:59,680
Speaker 4: which is the only application of stand your ground. There's

683
00:40:59,719 --> 00:41:04,320
Speaker 4: just it takes away a court saying that you couldn't

684
00:41:04,320 --> 00:41:07,160
Speaker 4: have believed force was necessary because you could have run away.

685
00:41:08,200 --> 00:41:11,480
Speaker 4: It negates that argument on behalf of the prosecution or

686
00:41:11,480 --> 00:41:14,560
Speaker 4: the state when they're considering whether they to prosecute you

687
00:41:14,880 --> 00:41:16,800
Speaker 4: for a crime, or they're prosecuting you for a crime,

688
00:41:17,400 --> 00:41:19,359
Speaker 4: they can't say you had the opportunity to run away,

689
00:41:19,360 --> 00:41:21,080
Speaker 4: so you should have done that, because a statute says

690
00:41:21,200 --> 00:41:23,560
Speaker 4: with no opportunity to retreat, you still have to meet

691
00:41:23,600 --> 00:41:28,080
Speaker 4: the standard. So, in other words, if if a jury

692
00:41:28,080 --> 00:41:30,640
Speaker 4: would conclude that there's no way under the circumstances, you

693
00:41:30,680 --> 00:41:36,879
Speaker 4: had any reasonable belief that deadly force was necessary under

694
00:41:36,920 --> 00:41:43,279
Speaker 4: those circumstances, Totally separate and apart from any doty to

695
00:41:43,360 --> 00:41:48,680
Speaker 4: run away. If you just didn't have that requisite belief,

696
00:41:49,120 --> 00:41:53,600
Speaker 4: standard ground does nothing for you. It just takes away

697
00:41:53,600 --> 00:41:55,879
Speaker 4: one argument, which is, oh, you could have run away,

698
00:41:55,920 --> 00:41:58,319
Speaker 4: therefore you didn't have the ability to defend yourself. But

699
00:41:58,400 --> 00:42:02,200
Speaker 4: people all the time and again people call me, well,

700
00:42:02,280 --> 00:42:04,960
Speaker 4: under the standard ground law, and I'll be going, you

701
00:42:05,000 --> 00:42:06,960
Speaker 4: mean the self defense law. Well, now, in Indiana we

702
00:42:07,000 --> 00:42:09,560
Speaker 4: call it the standard ground law. Well, no, we have

703
00:42:09,600 --> 00:42:14,160
Speaker 4: a standard ground provision within our self defense law. That's

704
00:42:14,200 --> 00:42:18,279
Speaker 4: only how that works. Well under our castle doctrine law. Well,

705
00:42:18,320 --> 00:42:21,279
Speaker 4: the castle doctrine is one of four sections under our

706
00:42:21,320 --> 00:42:23,640
Speaker 4: self defense statute talks about the use of force in

707
00:42:23,640 --> 00:42:26,359
Speaker 4: self defense or defense of others or in that case,

708
00:42:26,400 --> 00:42:31,520
Speaker 4: defense of your home under different scenarios. But that's how

709
00:42:31,560 --> 00:42:35,080
Speaker 4: that works. But it all revolves around the idea we

710
00:42:35,080 --> 00:42:38,560
Speaker 4: need to take away this argument that you could have

711
00:42:38,640 --> 00:42:41,320
Speaker 4: run away first, therefore you couldn't have had a reasonable

712
00:42:41,320 --> 00:42:46,040
Speaker 4: belief that force was necessary or the deadly force was necessary.

713
00:42:46,160 --> 00:42:50,840
Speaker 4: That's how standard ground works. And the whole statue is

714
00:42:50,880 --> 00:42:54,160
Speaker 4: not a standard ground statue. Now, all four provisions. Whether

715
00:42:54,160 --> 00:42:57,279
Speaker 4: it's the General Self Defense Statute out that applies to

716
00:42:57,280 --> 00:42:59,040
Speaker 4: you no matter where you are, including out in public,

717
00:43:00,120 --> 00:43:02,040
Speaker 4: or the Castle Document applies to you in your home

718
00:43:02,200 --> 00:43:06,000
Speaker 4: or critilage or occupied motor vehicle, or there's one provision

719
00:43:06,320 --> 00:43:08,799
Speaker 4: now dealing with the use force against police officers who

720
00:43:08,800 --> 00:43:14,880
Speaker 4: were acting unlawfully or preventing the hijack gave an airplane.

721
00:43:15,040 --> 00:43:18,680
Speaker 4: Those are the four different sections sub sections Indian Self

722
00:43:18,680 --> 00:43:21,200
Speaker 4: Defense Statute. They all have a standard ground provision in them,

723
00:43:21,520 --> 00:43:24,240
Speaker 4: meaning in none of those circumstances where you're otherwise justifying,

724
00:43:24,440 --> 00:43:27,680
Speaker 4: you have to be otherwise justified. That's what everybody needs

725
00:43:27,719 --> 00:43:34,280
Speaker 4: to understand because the media all the time portrays stand

726
00:43:34,320 --> 00:43:36,880
Speaker 4: your ground laws as well. These just justify the use

727
00:43:36,880 --> 00:43:39,560
Speaker 4: of force anytime you want, anywhere you are, no matter

728
00:43:39,600 --> 00:43:41,360
Speaker 4: what's going on. You can say, well, I'm going to

729
00:43:41,400 --> 00:43:45,000
Speaker 4: stand my ground and shooting anybody I want or hurt

730
00:43:45,000 --> 00:43:46,680
Speaker 4: anybody I want, And all I have to do is

731
00:43:46,680 --> 00:43:51,400
Speaker 4: say stand your ground and some magic talisman that justifies

732
00:43:51,440 --> 00:43:54,360
Speaker 4: what you did. That's not how it works, that's not

733
00:43:54,440 --> 00:44:00,880
Speaker 4: remotely how it works, but that's how that works.

734
00:44:01,120 --> 00:44:01,319
Speaker 9: Uh.

735
00:44:02,120 --> 00:44:07,040
Speaker 4: And in terms of negating the argument that you could

736
00:44:07,040 --> 00:44:09,960
Speaker 4: have run away. That's really how it works. We're gonna

737
00:44:10,040 --> 00:44:12,200
Speaker 4: change topics when we come back and go to the

738
00:44:12,239 --> 00:44:15,280
Speaker 4: phone lines as we kind of move on from self defense.

739
00:44:16,120 --> 00:44:17,960
Speaker 4: You want to give us a call, join the discussion.

740
00:44:18,040 --> 00:44:20,560
Speaker 4: Where we always love going to the phone lines is

741
00:44:20,560 --> 00:44:23,520
Speaker 4: three one seven two nine ninety three ninety three three

742
00:44:23,600 --> 00:44:27,000
Speaker 4: one seven ninety three ninety three. Give us a call

743
00:44:27,040 --> 00:44:28,960
Speaker 4: and join the discussion. This is Guy Ralford on The

744
00:44:28,960 --> 00:44:31,040
Speaker 4: Gun Guy Show on ninety three WYBC.

745
00:44:36,800 --> 00:44:41,080
Speaker 1: Now you got a gun Guy Guy Ralford on ninety

746
00:44:41,080 --> 00:44:43,120
Speaker 1: three WYPC.

747
00:44:43,880 --> 00:44:46,080
Speaker 4: And welcome back. I'm Guy Ralford on The Gun Guy

748
00:44:46,160 --> 00:44:48,759
Speaker 4: Show on ninety three WIBC. I'll tell you what we're

749
00:44:48,760 --> 00:44:53,160
Speaker 4: switching topics. Let's go to the phone lines and let's

750
00:44:53,200 --> 00:44:56,960
Speaker 4: see here. We've had David on hold for quite a while. David,

751
00:44:57,000 --> 00:44:58,040
Speaker 4: Welcome to the Gun Guy Show.

752
00:44:59,160 --> 00:45:01,759
Speaker 9: Hey go ahead. I know you're good today, but I

753
00:45:01,920 --> 00:45:03,920
Speaker 9: enjoy your show almost every week.

754
00:45:04,160 --> 00:45:04,919
Speaker 4: Thank you so much.

755
00:45:06,040 --> 00:45:09,600
Speaker 9: Anyhow, a couple of years ago I had a gun,

756
00:45:09,719 --> 00:45:13,839
Speaker 9: a handgun that was stolen, and the first of this year,

757
00:45:13,920 --> 00:45:20,440
Speaker 9: twenty twenty five, I received notification from the Gun Recovery

758
00:45:20,480 --> 00:45:22,640
Speaker 9: Department that my gun had been recovered.

759
00:45:23,080 --> 00:45:27,680
Speaker 4: Is this Mary County by the way, Yes, Okay, that's unfortunate.

760
00:45:27,960 --> 00:45:33,440
Speaker 10: Okay, go ahead, yes, and so the uh and they

761
00:45:33,480 --> 00:45:35,359
Speaker 10: told me what I need to do, that I need

762
00:45:35,400 --> 00:45:37,719
Speaker 10: to bring out a copy of the original receipt my ID,

763
00:45:38,320 --> 00:45:39,560
Speaker 10: and I did, and I went down.

764
00:45:39,800 --> 00:45:42,520
Speaker 9: They took all the information. They said, in six months,

765
00:45:42,560 --> 00:45:44,880
Speaker 9: well or six weeks, will tell you to come and

766
00:45:44,880 --> 00:45:45,239
Speaker 9: get it.

767
00:45:45,760 --> 00:45:48,200
Speaker 6: Well, in six weeks I got another email.

768
00:45:47,840 --> 00:45:51,160
Speaker 9: That said, hey, the detective doesn't want to release it

769
00:45:51,200 --> 00:45:52,040
Speaker 9: for some reason.

770
00:45:52,719 --> 00:45:54,440
Speaker 6: You need to contact the detectee.

771
00:45:55,200 --> 00:45:58,000
Speaker 9: Nobody can tell me who the detective is because the

772
00:45:58,040 --> 00:46:03,560
Speaker 9: gun was stolen in Hancock County.

773
00:46:02,840 --> 00:46:05,799
Speaker 4: Okay, and I'm the victim here, No, I get it.

774
00:46:05,880 --> 00:46:10,920
Speaker 4: And listen, David, the issue with Marion County has been

775
00:46:11,000 --> 00:46:14,440
Speaker 4: ongoing for a long time. I did a whole uh

776
00:46:14,640 --> 00:46:18,480
Speaker 4: sort of an expose on this with Richard Essex Fox

777
00:46:18,520 --> 00:46:22,600
Speaker 4: fifty nine, and we talked a lot about this and

778
00:46:23,200 --> 00:46:27,160
Speaker 4: in particular how I think Marion County is really violating

779
00:46:27,160 --> 00:46:31,759
Speaker 4: people's rights. But the first thing to know is if

780
00:46:31,800 --> 00:46:34,239
Speaker 4: they did, well, do you know, did they indicate to

781
00:46:34,239 --> 00:46:36,400
Speaker 4: you they caught the guy who stole your gun and

782
00:46:36,760 --> 00:46:37,879
Speaker 4: he's being prosecuted.

783
00:46:39,120 --> 00:46:40,880
Speaker 9: No, they did not indicate that.

784
00:46:41,560 --> 00:46:44,960
Speaker 4: Okay, well, the way the way that works is and

785
00:46:45,239 --> 00:46:48,360
Speaker 4: the reason for them not releasing it. It's great news

786
00:46:48,480 --> 00:46:51,000
Speaker 4: that actually first that you have a copy of your receipt,

787
00:46:51,040 --> 00:46:52,880
Speaker 4: because not for a lot of people don't. I mean,

788
00:46:52,880 --> 00:46:55,920
Speaker 4: people buy guns from private individuals. People are you know,

789
00:46:56,120 --> 00:46:59,960
Speaker 4: their they're willed guns. In other words, they inherit guns.

790
00:47:00,040 --> 00:47:05,279
Speaker 4: There's no receipt and you know, people trade guns. I mean,

791
00:47:06,280 --> 00:47:08,359
Speaker 4: do I have a written receipt for every gun I own?

792
00:47:08,520 --> 00:47:12,560
Speaker 4: Not even close, probably not half. I mean some guns

793
00:47:12,560 --> 00:47:14,400
Speaker 4: I've built, what you want me to bring you the

794
00:47:14,440 --> 00:47:17,520
Speaker 4: receipts from all the parts, the lower receiver and the

795
00:47:17,840 --> 00:47:21,440
Speaker 4: you know, I mean, it's a little ridiculous. And then

796
00:47:21,600 --> 00:47:26,080
Speaker 4: they put every gun through a forensic analysis. In other words,

797
00:47:26,080 --> 00:47:28,920
Speaker 4: they test fire it. They run the projectile and the

798
00:47:28,960 --> 00:47:32,480
Speaker 4: shellcasing if it's a semi automatic or even as a

799
00:47:32,520 --> 00:47:36,520
Speaker 4: revolver for that matter, looking at at at firing pin

800
00:47:36,600 --> 00:47:41,520
Speaker 4: markings and whatnot. And and they run everything through forensics

801
00:47:41,600 --> 00:47:43,759
Speaker 4: before they'll even put it in Q to release it.

802
00:47:44,080 --> 00:47:45,680
Speaker 4: But one of the things that has to happen is

803
00:47:45,680 --> 00:47:47,759
Speaker 4: the detective does need to release it. And and and

804
00:47:48,040 --> 00:47:51,719
Speaker 4: there's only part of this that might be reasonable, and

805
00:47:51,840 --> 00:47:55,480
Speaker 4: that is that if somebody is being prosecuted. Let's just

806
00:47:55,520 --> 00:47:59,600
Speaker 4: say they caught somebody that stole your gun, they caught

807
00:47:59,600 --> 00:48:03,040
Speaker 4: the purse, and that person's being prosecuted. Well, that evidence

808
00:48:03,080 --> 00:48:06,960
Speaker 4: then is, or that gun rather is evidence in that case.

809
00:48:07,760 --> 00:48:10,200
Speaker 4: And eventually they're going to put that detective on the

810
00:48:10,239 --> 00:48:12,879
Speaker 4: stand in a criminal case if they don't have got

811
00:48:12,880 --> 00:48:16,160
Speaker 4: it complete out and the case would go to trial,

812
00:48:16,200 --> 00:48:19,799
Speaker 4: they're gonna put the evidence on the detective rather on

813
00:48:19,840 --> 00:48:23,879
Speaker 4: the stand and say, and did you recover a gun? Yes?

814
00:48:23,920 --> 00:48:26,000
Speaker 4: I did, And let me hand you states exhibit A.

815
00:48:26,160 --> 00:48:28,319
Speaker 4: Is this the gun? Yes, that's the gun. And did

816
00:48:28,400 --> 00:48:31,080
Speaker 4: you run a search for that yes? And did you

817
00:48:31,400 --> 00:48:34,000
Speaker 4: determine based on the serial number and the trace you

818
00:48:34,080 --> 00:48:35,959
Speaker 4: ran on that gun that it was stolen? Yes? I did?

819
00:48:36,680 --> 00:48:38,879
Speaker 4: And where was it stolen from? Da da da da dah?

820
00:48:38,880 --> 00:48:41,200
Speaker 4: And what's all the evidence that indicates this guy's guilty?

821
00:48:41,200 --> 00:48:44,080
Speaker 4: And the detective explains all that, but the gun is

822
00:48:44,080 --> 00:48:46,600
Speaker 4: a central piece of evidence in that case, and they

823
00:48:46,680 --> 00:48:50,799
Speaker 4: need the gun to go to trial. Or let's say

824
00:48:50,800 --> 00:48:52,759
Speaker 4: the guy's already been tried and convicted, but now he's

825
00:48:52,800 --> 00:48:56,640
Speaker 4: appealing his conviction. Well, they have to preserve all the evidence.

826
00:48:56,960 --> 00:48:59,759
Speaker 4: So the fact that the detective doesn't want to release it,

827
00:49:00,280 --> 00:49:04,319
Speaker 4: could he just be being a jerk theoretically, or it

828
00:49:04,320 --> 00:49:07,000
Speaker 4: could be an ongoing case. They haven't closed the case yet,

829
00:49:07,400 --> 00:49:10,040
Speaker 4: and that's why the detective doesn't want to release the gun,

830
00:49:10,080 --> 00:49:12,440
Speaker 4: because it's evidence in an ongoing case. The guy pleads

831
00:49:12,440 --> 00:49:15,640
Speaker 4: guilty cases over all, right, now you've done everything else

832
00:49:16,160 --> 00:49:18,200
Speaker 4: you've needed to do to be able to pick up

833
00:49:18,239 --> 00:49:21,839
Speaker 4: your gun. That's the good news. Bad news is the

834
00:49:21,880 --> 00:49:24,920
Speaker 4: detective does need to release it, and I completely understand why.

835
00:49:24,920 --> 00:49:28,360
Speaker 4: If there's an ongoing prosecution, they're not going to release

836
00:49:28,400 --> 00:49:31,360
Speaker 4: the number one most important piece of evidence in that case.

837
00:49:32,200 --> 00:49:35,960
Speaker 4: Let's go back to the phone lines and Mike has

838
00:49:36,000 --> 00:49:37,879
Speaker 4: a question. Mike, welcome to the Gun Guy Show.

839
00:49:39,000 --> 00:49:40,399
Speaker 5: Hey guy, how are you doing so good?

840
00:49:40,400 --> 00:49:40,520
Speaker 10: Man?

841
00:49:40,560 --> 00:49:41,200
Speaker 4: Are you doing all right?

842
00:49:42,280 --> 00:49:42,800
Speaker 6: Very good?

843
00:49:43,400 --> 00:49:44,120
Speaker 9: Quick question?

844
00:49:44,360 --> 00:49:50,719
Speaker 5: So, I am going to Alaska next year hunting, and

845
00:49:51,080 --> 00:49:57,440
Speaker 5: if I drive or fly through Illinoy legally, if I

846
00:49:57,520 --> 00:50:00,239
Speaker 5: have a suppressor that I have for my wife, my

847
00:50:00,320 --> 00:50:04,440
Speaker 5: fundy rifle bolt action three hundred win mag it's not

848
00:50:04,560 --> 00:50:09,160
Speaker 5: a you know, a weapon of war or anything like that.

849
00:50:10,400 --> 00:50:15,680
Speaker 5: I to my understanding that federally, I am covered that

850
00:50:15,760 --> 00:50:19,719
Speaker 5: I am not breaking the law, But in Illinois, I'm

851
00:50:19,719 --> 00:50:23,680
Speaker 5: committing a felony. What am I supposed to do if

852
00:50:23,719 --> 00:50:27,640
Speaker 5: I want to drive or fly through Illinois? Because I

853
00:50:27,800 --> 00:50:32,000
Speaker 5: heard a couple of cases on the East coast of

854
00:50:32,040 --> 00:50:38,279
Speaker 5: the United States, people who had, you know, magazines that

855
00:50:38,360 --> 00:50:43,800
Speaker 5: were over you know, ten rounds or suppressor they got prosecuted.

856
00:50:43,880 --> 00:50:46,520
Speaker 5: So what legally am I supposed to do?

857
00:50:47,120 --> 00:50:50,000
Speaker 4: Well, it's a great question, and listen to. Bad news

858
00:50:50,080 --> 00:50:55,520
Speaker 4: is that suppressors are illegal in Illinois. So as far

859
00:50:55,600 --> 00:50:58,920
Speaker 4: as your can goes, and hey, listen, I've I'd love

860
00:50:58,920 --> 00:51:00,360
Speaker 4: to know what you're set up is. And I've got

861
00:51:00,400 --> 00:51:04,080
Speaker 4: a three hundred win mag that I run a seven

862
00:51:04,080 --> 00:51:07,640
Speaker 4: to sixty two suppressor on that. That's my favorite setup.

863
00:51:07,920 --> 00:51:11,440
Speaker 4: Beautiful rifle made from me by Joe Bell. But at

864
00:51:11,440 --> 00:51:14,560
Speaker 4: any rate, suppressors are illegal in Illinois. Now theoretically, if

865
00:51:14,600 --> 00:51:19,359
Speaker 4: you're driving through and firearms are considered or excuse me,

866
00:51:19,920 --> 00:51:24,640
Speaker 4: suppressors are considered firearms under a federal law. And there's

867
00:51:24,640 --> 00:51:27,480
Speaker 4: something called the Firearm Owners Protection Act of nineteen eighty

868
00:51:27,480 --> 00:51:30,840
Speaker 4: six that has a safe harbor provision in it that

869
00:51:31,000 --> 00:51:34,799
Speaker 4: says a person if they're traveling from a place where

870
00:51:34,880 --> 00:51:39,319
Speaker 4: possession of a firearm is legal to a place where

871
00:51:39,320 --> 00:51:41,680
Speaker 4: that possession is legal, they can pass through any other

872
00:51:41,719 --> 00:51:47,400
Speaker 4: state or political subdivision meaning local government, and that's legal

873
00:51:47,440 --> 00:51:51,640
Speaker 4: notwithstanding the laws of that state or political subdivision. So theoretically,

874
00:51:51,680 --> 00:51:53,919
Speaker 4: and now there are requirements gun. If it's a gun

875
00:51:53,960 --> 00:51:56,480
Speaker 4: has to be unloaded, it has to be in a

876
00:51:56,480 --> 00:51:59,360
Speaker 4: separate compartment from the passenger compartment, meeting in the trunk.

877
00:51:59,560 --> 00:52:02,759
Speaker 4: If there is there's no separate compartment meaning trunk, that

878
00:52:02,960 --> 00:52:07,200
Speaker 4: has to be in a locked container, separate from any ammunition. Theoretically,

879
00:52:07,239 --> 00:52:10,239
Speaker 4: you could comply with all of that and be protected

880
00:52:11,719 --> 00:52:14,759
Speaker 4: under the Firearms Owner Protection Acts in nineteen eighty six.

881
00:52:15,719 --> 00:52:18,200
Speaker 4: Do I think every local cop or state cop in

882
00:52:18,239 --> 00:52:23,440
Speaker 4: Illinois understands FOPA the federal statute? Absolutely not. Do I

883
00:52:23,480 --> 00:52:25,720
Speaker 4: think if they catch you with a suppressor in Illinois

884
00:52:25,760 --> 00:52:30,080
Speaker 4: they would take you to jail? Yes, I believe that.

885
00:52:30,239 --> 00:52:33,040
Speaker 4: Now would someone figure it out, whether in law enforcement

886
00:52:33,120 --> 00:52:37,160
Speaker 4: or a local prosecutor or your defense attorney. Hopefully yes,

887
00:52:37,680 --> 00:52:41,279
Speaker 4: And you don't get convicted of any crime depending on

888
00:52:41,480 --> 00:52:44,640
Speaker 4: relying on the protections of this safe harbor provision within

889
00:52:44,680 --> 00:52:47,920
Speaker 4: the Firearm Owners Protection Act to nineteen eighty six. But

890
00:52:47,960 --> 00:52:50,200
Speaker 4: I don't trust that to save my life. If I

891
00:52:50,280 --> 00:52:53,759
Speaker 4: were taking my rifle with my suppressor to Alaska to

892
00:52:53,760 --> 00:52:55,640
Speaker 4: go hunting, and that sounds awesome, I'm not even a

893
00:52:55,640 --> 00:52:58,799
Speaker 4: big hunter, and that just sounds like an awesome trip.

894
00:52:58,880 --> 00:53:02,200
Speaker 4: So congratulations on Edule in that. I would find an

895
00:53:02,280 --> 00:53:05,680
Speaker 4: FFL in Alaska that's close to where you're gonna hunt

896
00:53:05,719 --> 00:53:08,719
Speaker 4: or where you're gonna fly through perhaps, and I would

897
00:53:08,760 --> 00:53:12,360
Speaker 4: ship it to that FFL, have them hold it from me.

898
00:53:12,480 --> 00:53:18,160
Speaker 4: I'd pick it up there and then and then after

899
00:53:18,200 --> 00:53:20,560
Speaker 4: I'm through with my hunt and I'm getting ready to

900
00:53:20,560 --> 00:53:22,799
Speaker 4: fly home, I would ship it back and not have

901
00:53:22,880 --> 00:53:26,600
Speaker 4: to worry about the knuckleheads in Illinois and the ridiculous laws,

902
00:53:26,600 --> 00:53:30,640
Speaker 4: because again, suppressors outside law enforcement and military is just

903
00:53:30,680 --> 00:53:34,040
Speaker 4: illegal to even possess a suppressor in Illinois. It's like

904
00:53:34,440 --> 00:53:37,200
Speaker 4: you know, having a quilo of cocaine. As ridiculous as

905
00:53:37,239 --> 00:53:40,120
Speaker 4: that is, I mean, it's an accessory that makes you

906
00:53:40,160 --> 00:53:42,680
Speaker 4: a better neighbor, protects your hearing. It's the dumbest thing ever,

907
00:53:43,040 --> 00:53:45,799
Speaker 4: but that's Illinois. That's where it stands Now. Hopefully that

908
00:53:45,840 --> 00:53:49,320
Speaker 4: gets overturned along with a lot of other Illinois gun laws,

909
00:53:49,600 --> 00:53:51,879
Speaker 4: whether in the Supreme Court or otherwise. But that's where

910
00:53:51,880 --> 00:53:55,040
Speaker 4: we are. So I would not, notwithstanding FOPA, I would

911
00:53:55,120 --> 00:53:58,520
Speaker 4: not take my suppressor through Illinois. I just simply would not.

912
00:53:59,080 --> 00:54:00,480
Speaker 4: With at the bottom of the Howard taking a break,

913
00:54:00,480 --> 00:54:02,520
Speaker 4: our buddy Kelly has called in, So we'll go back

914
00:54:02,560 --> 00:54:05,640
Speaker 4: to the phone lines when we go to Kelly and

915
00:54:05,680 --> 00:54:07,560
Speaker 4: Avon here after the bottom of the hour. Right now,

916
00:54:07,560 --> 00:54:09,239
Speaker 4: we're taking a break. This is Guy Ralford on The

917
00:54:09,239 --> 00:54:11,600
Speaker 4: Gun Guy Show. Give us a call, Join the discussion.

918
00:54:11,640 --> 00:54:14,560
Speaker 4: Three one seven two three nine ninety three ninety three

919
00:54:14,840 --> 00:54:18,120
Speaker 4: three one seven two nine ninety three, ninety three. This

920
00:54:18,200 --> 00:54:19,960
Speaker 4: is Guy Ralford on The Gun Guy Show on ninety

921
00:54:20,000 --> 00:54:20,880
Speaker 4: three WYBC.

922
00:54:27,920 --> 00:54:29,880
Speaker 3: Second to none on this second amendment.

923
00:54:30,160 --> 00:54:33,160
Speaker 1: This is the Gun Guy with Guy Ralford on ninety

924
00:54:33,160 --> 00:54:34,480
Speaker 1: three WYPC.

925
00:54:35,960 --> 00:54:38,000
Speaker 4: And welcome back. I'm Guy Ralford on The Gun Guy

926
00:54:38,080 --> 00:54:41,560
Speaker 4: Show on ninety three WIBC. As I mentioned, let's go

927
00:54:41,800 --> 00:54:44,319
Speaker 4: back to the phone lines, and our pal Kelly and

928
00:54:44,400 --> 00:54:47,680
Speaker 4: Avon has called in. Kelly, welcome back to the Gun

929
00:54:47,719 --> 00:54:48,760
Speaker 4: Guy Show. Always a pleasure.

930
00:54:49,520 --> 00:54:51,279
Speaker 11: Hey, it's good to be on Guy. How are you?

931
00:54:51,520 --> 00:54:53,320
Speaker 4: I'm great man, you'll be having a good weekend.

932
00:54:54,080 --> 00:54:57,520
Speaker 11: Oh yeah, real good. But I was wanting to talk

933
00:54:57,520 --> 00:55:00,399
Speaker 11: about it as an NBC News article, but I believe

934
00:55:00,440 --> 00:55:05,560
Speaker 11: it was Ingo or kW posted it earlier today and

935
00:55:05,640 --> 00:55:09,040
Speaker 11: after reading through it. If I'm not speaking in complete sentences,

936
00:55:09,040 --> 00:55:11,880
Speaker 11: it's because of the IQ points I lost after reading

937
00:55:11,920 --> 00:55:16,360
Speaker 11: this article. It is the two individuals that wrote it.

938
00:55:16,440 --> 00:55:19,440
Speaker 11: I think it surprised them. There are large caliber rifles,

939
00:55:19,680 --> 00:55:22,040
Speaker 11: and there are a lot of them in this country.

940
00:55:22,960 --> 00:55:25,200
Speaker 11: There is a sentence in this that reads there are

941
00:55:25,200 --> 00:55:28,120
Speaker 11: believes to be millions. It's speaking of the of course,

942
00:55:28,160 --> 00:55:31,680
Speaker 11: the Mauser thirty to six that was used to assassinate

943
00:55:31,760 --> 00:55:35,319
Speaker 11: Charlie Kirk. There are believes to be millions of such

944
00:55:35,360 --> 00:55:40,560
Speaker 11: weapons in homes across the country. But yeah, they also

945
00:55:40,640 --> 00:55:44,839
Speaker 11: don't seem to realize Mauser certainly made military firearms, they

946
00:55:44,880 --> 00:55:49,160
Speaker 11: also made a lot of civilian firearms. These are and

947
00:55:49,239 --> 00:55:53,160
Speaker 11: they used the word vintage when speaking about this, and

948
00:55:53,239 --> 00:55:56,080
Speaker 11: as a potential this is actually from it potential for

949
00:55:56,520 --> 00:55:59,919
Speaker 11: would be assassins to seek out powerful, accurate and hard

950
00:56:00,120 --> 00:56:03,800
Speaker 11: to trace firearms, because well, they've been around a long time.

951
00:56:03,880 --> 00:56:08,000
Speaker 11: I know they they traced that Mouser. They're in they're

952
00:56:08,000 --> 00:56:12,200
Speaker 11: in Utah to the murderer using fingerprints in DNA, so

953
00:56:12,239 --> 00:56:15,440
Speaker 11: they didn't have to know where Grandpa got his his

954
00:56:15,560 --> 00:56:17,520
Speaker 11: sporter Mouser from exactly.

955
00:56:17,520 --> 00:56:19,400
Speaker 4: And that's and by the way, I wouldn't call it.

956
00:56:19,400 --> 00:56:22,600
Speaker 4: I wouldn't call a sport mouser vintage firearm by any

957
00:56:22,640 --> 00:56:24,759
Speaker 4: stretch of imagination. In fact, I believe it had a

958
00:56:24,760 --> 00:56:25,799
Speaker 4: synthetic stock on it.

959
00:56:26,600 --> 00:56:30,360
Speaker 11: Yes, it did have a have a more modern stock

960
00:56:30,400 --> 00:56:33,840
Speaker 11: on it. I prefer the woodwinds myself. I'm kind of

961
00:56:33,840 --> 00:56:37,440
Speaker 11: old school, but yeah, if it doesn't shoot black powder cartridges,

962
00:56:37,480 --> 00:56:40,439
Speaker 11: I wouldn't call it vintage pretty much. How I look

963
00:56:40,480 --> 00:56:45,640
Speaker 11: at it, and uh yeah, it's just a yeah, it's

964
00:56:45,920 --> 00:56:47,799
Speaker 11: kind of scary when you look at this and they're

965
00:56:47,840 --> 00:56:51,000
Speaker 11: talking about and not being able to trace it is

966
00:56:51,040 --> 00:56:54,479
Speaker 11: always a thing, you know, like with ghost guns, because

967
00:56:54,480 --> 00:56:57,719
Speaker 11: you know they're they're shootier if you can't trace them. Yeah,

968
00:56:57,760 --> 00:57:00,840
Speaker 11: but if you get it with the criminals, well that

969
00:57:01,040 --> 00:57:03,480
Speaker 11: you just traced it both soors you need to right there.

970
00:57:03,680 --> 00:57:08,160
Speaker 4: Well exactly, And Kelly, I'm glad you called because to me,

971
00:57:08,480 --> 00:57:10,440
Speaker 4: the points to something that I've been saying for a

972
00:57:10,440 --> 00:57:15,400
Speaker 4: lot of years. And the reaction from the left, particularly

973
00:57:15,440 --> 00:57:18,760
Speaker 4: the calls for more gun control from the left, which

974
00:57:18,760 --> 00:57:24,320
Speaker 4: of course we're completely predictable, but all that points to

975
00:57:24,320 --> 00:57:26,080
Speaker 4: something I've been saying for a long time, which is,

976
00:57:27,000 --> 00:57:29,760
Speaker 4: you know, the the the calls for gun control that

977
00:57:30,040 --> 00:57:32,840
Speaker 4: we've been hearing for a long long time, things like, well,

978
00:57:32,880 --> 00:57:36,800
Speaker 4: if we can just ban assault weapons quote unquote, then

979
00:57:37,040 --> 00:57:39,640
Speaker 4: we'll put an end to school shootings or or you know,

980
00:57:39,720 --> 00:57:44,240
Speaker 4: and the the implication is we'll be done, we'll be happy,

981
00:57:44,280 --> 00:57:48,240
Speaker 4: we'll be satisfied as gun control proponents, whether it's Mom's

982
00:57:48,280 --> 00:57:52,439
Speaker 4: Demand Action, or the Brady Center or or any number

983
00:57:52,440 --> 00:57:55,880
Speaker 4: of these, you know, the the Giffords Group, whatever it

984
00:57:55,960 --> 00:57:59,200
Speaker 4: might be. You know, just give us these assault weapons,

985
00:57:59,280 --> 00:58:01,880
Speaker 4: you know, and we'll to save so many lives. It's

986
00:58:01,880 --> 00:58:05,320
Speaker 4: a lie. It's always been a lie. And the NBC

987
00:58:05,440 --> 00:58:08,240
Speaker 4: article that you're talking about, Kelly, is a perfect example,

988
00:58:08,280 --> 00:58:11,720
Speaker 4: because they're they're looking at how scary and and and

989
00:58:11,800 --> 00:58:15,880
Speaker 4: you know, and threatening and worrysome these bold action hunting

990
00:58:15,960 --> 00:58:19,200
Speaker 4: rifles on for a bunch of ridiculous, made up reasons

991
00:58:19,840 --> 00:58:23,360
Speaker 4: that some of which Kelly just mentioned. It just goes

992
00:58:23,440 --> 00:58:26,600
Speaker 4: to show you that whatever they get in terms of

993
00:58:26,640 --> 00:58:33,160
Speaker 4: gun control, what what, whatever they accomplish that that's just

994
00:58:33,560 --> 00:58:37,959
Speaker 4: the next, the next check mark on their list. They're

995
00:58:38,000 --> 00:58:40,400
Speaker 4: not done. They'll go to the next gun after that,

996
00:58:40,680 --> 00:58:43,280
Speaker 4: and the next gun after that. And particularly when you

997
00:58:43,360 --> 00:58:49,440
Speaker 4: consider that the vast majority of so called gun crimes

998
00:58:49,560 --> 00:58:53,320
Speaker 4: or so called gun violence in this country, the vast

999
00:58:53,320 --> 00:58:57,440
Speaker 4: majority is committed with handguns. So until they have a

1000
00:58:57,480 --> 00:59:00,760
Speaker 4: complete ban on all guns, handguns included, and if, for

1001
00:59:00,880 --> 00:59:04,560
Speaker 4: crying out loud, now we're literally talking about Grandpa's hunting rifle,

1002
00:59:07,240 --> 00:59:10,000
Speaker 4: it just goes to show they'll never be happy until

1003
00:59:10,000 --> 00:59:13,240
Speaker 4: they eradicate guns completely. And of course that would require

1004
00:59:13,520 --> 00:59:18,720
Speaker 4: repealing or incredibly dramatically modifying the Second Amendment, which I

1005
00:59:18,760 --> 00:59:21,000
Speaker 4: don't see happening in my lifetime, but I'm getting kind

1006
00:59:21,000 --> 00:59:25,320
Speaker 4: of old. But it just goes to show how they'll

1007
00:59:25,360 --> 00:59:28,479
Speaker 4: never be happy, because you know, when they're talking about

1008
00:59:28,480 --> 00:59:30,760
Speaker 4: the weapons of war and the AR fifteen and the

1009
00:59:30,800 --> 00:59:33,480
Speaker 4: AK forty seven and the so called assault weapons, which

1010
00:59:33,520 --> 00:59:35,400
Speaker 4: we all know is a made up political term, but

1011
00:59:35,440 --> 00:59:38,120
Speaker 4: they talk about those things, they all say, well, you know,

1012
00:59:38,160 --> 00:59:41,960
Speaker 4: we're okay with you having your rifle for hunting, but

1013
00:59:42,840 --> 00:59:45,920
Speaker 4: you know, and then you see these ridiculous comments from

1014
00:59:46,000 --> 00:59:49,080
Speaker 4: gun control proponents things like, well, an AR fifteen is

1015
00:59:49,480 --> 00:59:52,080
Speaker 4: so powerful, you could never use it hunting because it

1016
00:59:52,120 --> 00:59:54,800
Speaker 4: would destroy the game. You know, the meat would be

1017
00:59:54,840 --> 00:59:58,880
Speaker 4: inedible if you went hunting with an AR fIF No,

1018
00:59:59,400 --> 01:00:01,320
Speaker 4: in most plays, you can't go hunting with an a

1019
01:00:01,440 --> 01:00:04,200
Speaker 4: R fifteen or particularly the five, five six or two

1020
01:00:04,240 --> 01:00:08,120
Speaker 4: two three round because it's not lethal enough. It's not

1021
01:00:08,240 --> 01:00:18,880
Speaker 4: lethal enough to ensure an ethical kill as part of

1022
01:00:18,920 --> 01:00:22,680
Speaker 4: your hunt. It's not powerful enough. It's not lethal enough.

1023
01:00:23,120 --> 01:00:25,360
Speaker 4: But they'll say, well, you know your grandpa's hunting rifle.

1024
01:00:25,480 --> 01:00:29,360
Speaker 4: That's okay, That's what they've always said, And now they're saying, oh, no,

1025
01:00:29,960 --> 01:00:33,000
Speaker 4: grandpa's hunting rifle. Literally, grandpa's hunting rifle was used in

1026
01:00:33,040 --> 01:00:36,080
Speaker 4: a crime. Now we need to look at potentially banning

1027
01:00:36,120 --> 01:00:39,000
Speaker 4: those two. It just goes to show you that they'll

1028
01:00:39,040 --> 01:00:43,040
Speaker 4: never ever ever be happy that it only ratchets in

1029
01:00:43,040 --> 01:00:46,200
Speaker 4: one direction for these people, and anything you give them

1030
01:00:46,680 --> 01:00:49,560
Speaker 4: that's just checking the next thing off their list. And

1031
01:00:49,600 --> 01:00:52,400
Speaker 4: they're not going away. They're never going away until they

1032
01:00:52,480 --> 01:00:54,680
Speaker 4: get every gun that's out there.

1033
01:00:54,760 --> 01:00:54,920
Speaker 9: Now.

1034
01:00:55,000 --> 01:00:57,560
Speaker 4: Do I think they'll be successful in doing that? Absolutely not.

1035
01:00:58,720 --> 01:01:01,560
Speaker 4: Are the political tides earning in their proper direction and

1036
01:01:01,600 --> 01:01:04,200
Speaker 4: the right direction on these issues right now, you bet,

1037
01:01:04,480 --> 01:01:06,920
Speaker 4: but make no mistaken about what the agenda is. And

1038
01:01:06,960 --> 01:01:10,120
Speaker 4: the NBC article that Kelly just mentioned is exhibit a

1039
01:01:10,960 --> 01:01:14,920
Speaker 4: improving that because when you start talking about how scary

1040
01:01:15,640 --> 01:01:18,720
Speaker 4: the millions and millions of bold action hunting rifles are

1041
01:01:18,840 --> 01:01:22,920
Speaker 4: out there, and the implication being we need to look

1042
01:01:22,920 --> 01:01:27,080
Speaker 4: at regulating these or banning them, that shows to show

1043
01:01:27,080 --> 01:01:30,120
Speaker 4: you that nothing's safe. If Grandpa's hunting rifles not safe,

1044
01:01:30,240 --> 01:01:35,280
Speaker 4: there's nothing safe. Nothing that smacks of primer in a

1045
01:01:35,360 --> 01:01:39,200
Speaker 4: chamber is safe from these people. When they start taking

1046
01:01:39,600 --> 01:01:44,120
Speaker 4: that kind of an approach to the gun control issue, well,

1047
01:01:44,120 --> 01:01:46,360
Speaker 4: I'll tell you what we're worth a three quarter hours

1048
01:01:46,360 --> 01:01:47,920
Speaker 4: time to take a break. Let's take a break here.

1049
01:01:47,960 --> 01:01:50,200
Speaker 4: We'll be back for the last section of The Gun

1050
01:01:50,240 --> 01:01:57,880
Speaker 4: Guy Show on ninety three WYBC, the.

1051
01:01:58,000 --> 01:02:02,320
Speaker 1: Show about gun rights, gun safety, and responsible gun ownership.

1052
01:02:02,520 --> 01:02:05,640
Speaker 1: This is The Gun Guy with Guy Ralford on ninety

1053
01:02:05,680 --> 01:02:07,000
Speaker 1: three WYPC.

1054
01:02:08,680 --> 01:02:11,440
Speaker 4: And welcome back to the last segment of tonight's The

1055
01:02:11,440 --> 01:02:15,200
Speaker 4: Gun Guy Show here on ninety three WIBC. A bit

1056
01:02:15,200 --> 01:02:19,080
Speaker 4: of a shout out, but also a question regarding the

1057
01:02:19,320 --> 01:02:23,560
Speaker 4: Trump DOJ and Listen, the Department of Justice under Pam

1058
01:02:23,640 --> 01:02:26,960
Speaker 4: Bondi for the most part, has been I don't want

1059
01:02:26,960 --> 01:02:29,960
Speaker 4: to say a surprise, but you know a lot of

1060
01:02:29,960 --> 01:02:34,720
Speaker 4: people had questions about Pam Bondy when she was selected, nominated,

1061
01:02:34,760 --> 01:02:39,960
Speaker 4: and then confirmed as Trump's Attorney General to run the

1062
01:02:40,000 --> 01:02:43,880
Speaker 4: Department of Justice, because she had taken some positions that

1063
01:02:43,960 --> 01:02:46,080
Speaker 4: a lot of people saw as being anti Second Amendment

1064
01:02:46,120 --> 01:02:49,919
Speaker 4: while she was Florida Attorney General. So, for instance, while

1065
01:02:49,960 --> 01:02:52,680
Speaker 4: she was Attorney general, it was after the Marjorie Stoneman

1066
01:02:52,840 --> 01:02:59,840
Speaker 4: Douglas school shooting in Parkland, Florida, Florida passed the law

1067
01:03:00,160 --> 01:03:07,720
Speaker 4: raised the age to buy a rifle or a shotgun

1068
01:03:08,960 --> 01:03:14,120
Speaker 4: under Florida law to twenty one. And listen, federal law says,

1069
01:03:15,120 --> 01:03:17,480
Speaker 4: and this is being challenged now, and something I'm going

1070
01:03:17,520 --> 01:03:19,560
Speaker 4: to talk about here in just a second, federal law

1071
01:03:19,600 --> 01:03:21,520
Speaker 4: says you have to be twenty one to buy a handgun,

1072
01:03:21,720 --> 01:03:24,360
Speaker 4: but you can buy a shotgun or a rifle at eighteen.

1073
01:03:25,720 --> 01:03:28,800
Speaker 4: Florida passed the law after Parkland that said no, you

1074
01:03:28,840 --> 01:03:31,200
Speaker 4: have to be twenty one to buy a rifle or

1075
01:03:31,200 --> 01:03:35,960
Speaker 4: a shotgun as well. In addition, Florida very much beefed

1076
01:03:36,040 --> 01:03:40,560
Speaker 4: up it's so called red flag law, and both of

1077
01:03:40,560 --> 01:03:42,880
Speaker 4: those were challenged. Both of them were challenged in court.

1078
01:03:42,920 --> 01:03:44,840
Speaker 4: And while she was Florida Attorney General, I mean, her

1079
01:03:45,000 --> 01:03:49,760
Speaker 4: job as Florida Attorney General was to defend the laws

1080
01:03:49,800 --> 01:03:51,920
Speaker 4: of the State of Florida on behalf of the state.

1081
01:03:52,560 --> 01:03:54,760
Speaker 4: And she came out in favor of their red flag statue,

1082
01:03:54,880 --> 01:03:57,760
Speaker 4: came out in favor of the law that raised the

1083
01:03:57,800 --> 01:03:59,880
Speaker 4: age to buy a rifle or a shotgun to twenty one,

1084
01:04:00,320 --> 01:04:01,680
Speaker 4: and a lot of people looked at that and said,

1085
01:04:01,720 --> 01:04:04,120
Speaker 4: hold on, she's going to now be our attorney general.

1086
01:04:04,600 --> 01:04:08,200
Speaker 4: That's a problem. And a lot of articles written on this,

1087
01:04:08,280 --> 01:04:12,200
Speaker 4: a lot of discussion, well since she's been in place

1088
01:04:12,280 --> 01:04:14,320
Speaker 4: under Trump, and Trump came out and said early on

1089
01:04:14,400 --> 01:04:16,520
Speaker 4: he campaigned on this. He said this early after being

1090
01:04:16,520 --> 01:04:22,560
Speaker 4: inaugurated for his second term under his presidency, especially for

1091
01:04:22,600 --> 01:04:26,680
Speaker 4: his second term, because I'd give him about a c

1092
01:04:28,680 --> 01:04:33,160
Speaker 4: in terms of what happened during his first term. But

1093
01:04:33,280 --> 01:04:35,120
Speaker 4: he came out and said, hey, we're going to be

1094
01:04:35,240 --> 01:04:38,840
Speaker 4: champions of the Second Amendment and the pam BONDI rundj

1095
01:04:39,040 --> 01:04:41,080
Speaker 4: As for the most part, delivered on that. They have

1096
01:04:42,160 --> 01:04:45,400
Speaker 4: dropped some lawsuits. They settled the forced reset trigger lawsuit

1097
01:04:45,600 --> 01:04:49,440
Speaker 4: and resolved that in a way that for now certainly

1098
01:04:50,320 --> 01:04:53,800
Speaker 4: results in forced reset triggers being legal. I'm glad because

1099
01:04:53,800 --> 01:04:56,240
Speaker 4: I have one in one of my ars and love

1100
01:04:56,280 --> 01:05:00,120
Speaker 4: the hell out of it. It's a lot of fun,

1101
01:04:58,280 --> 01:05:02,520
Speaker 4: and they've come out positively and as far as taking

1102
01:05:02,600 --> 01:05:07,480
Speaker 4: positive positions and other pending cases, and I'm still waiting

1103
01:05:07,520 --> 01:05:09,640
Speaker 4: for them to do more. I want to see ATF

1104
01:05:09,680 --> 01:05:14,040
Speaker 4: actually repeal the pistol brace rule. It's been declared unenforceable

1105
01:05:14,080 --> 01:05:16,280
Speaker 4: by the courts. That's great, but it's still on the books.

1106
01:05:16,440 --> 01:05:18,720
Speaker 4: I want to see it completely eradicated off the books.

1107
01:05:19,120 --> 01:05:23,320
Speaker 4: ATF can do that if they want to. The bumpstock

1108
01:05:23,400 --> 01:05:26,080
Speaker 4: band's been declared illegal all the way up to the

1109
01:05:26,120 --> 01:05:30,240
Speaker 4: Supreme Court. Okay, let's get it off the books. And

1110
01:05:30,280 --> 01:05:32,760
Speaker 4: then one thing that again I'm very pleased to see,

1111
01:05:32,760 --> 01:05:35,000
Speaker 4: because this obviously is a huge issue and an issue

1112
01:05:35,000 --> 01:05:37,480
Speaker 4: that needs to be resolved by the Supreme Court is

1113
01:05:37,520 --> 01:05:40,560
Speaker 4: Pam Bondi's DOJ has filed an amikas brief that is

1114
01:05:40,600 --> 01:05:43,320
Speaker 4: a friend of the court brief. They're not actually a party,

1115
01:05:43,600 --> 01:05:47,360
Speaker 4: but you can file as a non part of the litigation.

1116
01:05:47,480 --> 01:05:50,360
Speaker 4: But someone who's interested in the outcome of litigation, you

1117
01:05:50,400 --> 01:05:53,520
Speaker 4: can come in and file what's called Amika's cure brief

1118
01:05:54,560 --> 01:05:58,520
Speaker 4: friend of the Court, and the Department of Justice has

1119
01:05:58,560 --> 01:06:05,840
Speaker 4: filed an Amikas brief in the case challenging the Illinois

1120
01:06:06,480 --> 01:06:09,560
Speaker 4: We just talked about suppressors being illegal in Illinois, Well,

1121
01:06:09,600 --> 01:06:13,560
Speaker 4: Illinois also makes so called assault weapons illegal and so

1122
01:06:13,600 --> 01:06:19,200
Speaker 4: called high capacity magazines illegal. And again, don't quibble with

1123
01:06:19,240 --> 01:06:21,120
Speaker 4: me on the use of those terms. Yes I know

1124
01:06:21,320 --> 01:06:24,040
Speaker 4: it's standard capacity magazine, and yes i know an assault

1125
01:06:24,080 --> 01:06:27,200
Speaker 4: weapon quote unquote is a made up political term meant

1126
01:06:27,240 --> 01:06:30,840
Speaker 4: to demonize the most popular rifles in America. But for

1127
01:06:30,960 --> 01:06:35,440
Speaker 4: shorthand purposes, that's what we're calling them. In terms of

1128
01:06:35,480 --> 01:06:40,440
Speaker 4: the lawsuit challenging those the DOJ, the United States government

1129
01:06:42,880 --> 01:06:50,240
Speaker 4: has filed a brief supporting the unconstitutionality of those bands.

1130
01:06:53,520 --> 01:06:58,800
Speaker 4: That's fantastic. The DOJ has weighed in on New Jersey's

1131
01:06:58,840 --> 01:07:06,720
Speaker 4: complete ban on standard magazines and assault weapons. Where you

1132
01:07:06,800 --> 01:07:11,720
Speaker 4: have the federal government weighing in on these issues, that's

1133
01:07:11,840 --> 01:07:14,920
Speaker 4: huge and I'm glad to see it. Where I'm a

1134
01:07:14,960 --> 01:07:18,840
Speaker 4: little bit taken aback and I'm disappointed is the DOJ

1135
01:07:18,960 --> 01:07:21,840
Speaker 4: has also taken a position because I mentioned eighteen to

1136
01:07:21,880 --> 01:07:24,920
Speaker 4: twenty year olds being able to purchase guns. Well, the

1137
01:07:24,960 --> 01:07:30,320
Speaker 4: federal law that challenges the requirement to be twenty one

1138
01:07:30,360 --> 01:07:32,400
Speaker 4: to buy a handgun, even though you can buy epistol

1139
01:07:32,480 --> 01:07:36,880
Speaker 4: or a shotgun at eighteen. That's being challenged in the

1140
01:07:36,920 --> 01:07:40,320
Speaker 4: Fifth Circuit Court of Appeals on a case that came

1141
01:07:40,320 --> 01:07:43,480
Speaker 4: out of Louisiana, and the Fifth Circuits actually already ruled

1142
01:07:43,600 --> 01:07:46,720
Speaker 4: that that's unconstitutional. That yes, eighteen to twenty year olds

1143
01:07:46,760 --> 01:07:51,200
Speaker 4: have constitutional rights too well, thank goodness, and are protected

1144
01:07:51,320 --> 01:07:54,440
Speaker 4: under the Second Amendment, and their right to possess firearms,

1145
01:07:54,440 --> 01:08:00,280
Speaker 4: including handguns, is protected by the Second Amendment, and the

1146
01:08:00,280 --> 01:08:02,680
Speaker 4: federal rule saying you have to be twenty one violates

1147
01:08:02,680 --> 01:08:07,280
Speaker 4: those eighteen to twenty year olds constitutional freedoms, and that's beautiful.

1148
01:08:08,840 --> 01:08:11,160
Speaker 4: It's now been sent back to the trial court to

1149
01:08:11,240 --> 01:08:14,800
Speaker 4: apply the Fifth Circuit's ruling, which is this is unconstitutional,

1150
01:08:14,880 --> 01:08:18,960
Speaker 4: in particular, to enter judgment that will likely have as

1151
01:08:19,040 --> 01:08:23,360
Speaker 4: part of it an injunction, meaning telling the government that

1152
01:08:23,439 --> 01:08:27,840
Speaker 4: they cannot enforce this twenty one year old requirement. The

1153
01:08:27,920 --> 01:08:34,200
Speaker 4: question becomes, though, how broad that injunction is, because what

1154
01:08:34,240 --> 01:08:39,559
Speaker 4: we've seen in other cases is we've seen injunctions entered.

1155
01:08:40,840 --> 01:08:44,240
Speaker 4: And this is where even Trump's victory on saying that

1156
01:08:44,439 --> 01:08:49,640
Speaker 4: individual district court judges can't enjoin the Trump administration from

1157
01:08:49,960 --> 01:08:54,320
Speaker 4: enforcing immigration policy across the whole country, and that happened. Hey,

1158
01:08:54,439 --> 01:08:57,439
Speaker 4: was that good in the context of immigration. Absolutely. I

1159
01:08:57,479 --> 01:09:00,000
Speaker 4: looked at that and said, well, let's be careful because

1160
01:09:00,040 --> 01:09:03,599
Speaker 4: we've seen nationwide injunctions issued on behalf of gun owners,

1161
01:09:04,080 --> 01:09:09,040
Speaker 4: including back on the bumpstock ban first and then later

1162
01:09:09,360 --> 01:09:14,479
Speaker 4: on pistol braces. Well, here they're now arguing how broad

1163
01:09:14,520 --> 01:09:19,040
Speaker 4: the the injunction should be, and the Justice Farmers taking

1164
01:09:19,080 --> 01:09:21,320
Speaker 4: a position it only should be the named plaintiffs in

1165
01:09:21,320 --> 01:09:25,360
Speaker 4: that case, not everybody else. That's something we'll see how

1166
01:09:25,360 --> 01:09:27,559
Speaker 4: the court enters it, and we'll see whether that's upheld.

1167
01:09:27,840 --> 01:09:29,200
Speaker 4: Right now, that takes us to the end of this

1168
01:09:29,200 --> 01:09:31,519
Speaker 4: week's show. Hope you enjoyed it. Hope you coming back. Remember,

1169
01:09:31,640 --> 01:09:34,160
Speaker 4: always be safe, always shoot straight. This is Guy Ralford

1170
01:09:34,160 --> 01:09:36,440
Speaker 4: on The Gun Guy Show on ninety three WYBC.