1 00:00:00,520 --> 00:00:04,800 Speaker 1: It's nice eyes with Dan Ray. I'm going easy Bondon's 2 00:00:04,880 --> 00:00:06,000 Speaker 1: News Radio. 3 00:00:06,720 --> 00:00:06,880 Speaker 2: Right. 4 00:00:06,880 --> 00:00:13,040 Speaker 3: Welcome back, everybody. There's an interesting case that was argued 5 00:00:13,080 --> 00:00:18,200 Speaker 3: in front of the Massachusetts State Supreme Court earlier this week. 6 00:00:18,320 --> 00:00:23,360 Speaker 3: And we haven't talked about gun rights here in Massachusetts 7 00:00:24,200 --> 00:00:29,760 Speaker 3: very often, at least recently. However, this is one that 8 00:00:29,800 --> 00:00:34,239 Speaker 3: will have an impact on the law here in Massachusetts, 9 00:00:34,240 --> 00:00:39,720 Speaker 3: depending upon how it goes. Now, there was a US 10 00:00:39,760 --> 00:00:44,800 Speaker 3: Supreme Court decision in twenty twenty two called the New 11 00:00:44,880 --> 00:00:49,479 Speaker 3: York State Rifle and Pistol Association Incorporated Versus Bruin v. 12 00:00:49,800 --> 00:00:52,559 Speaker 3: R U E. N. It's called the Broome case. The 13 00:00:52,640 --> 00:01:01,640 Speaker 3: court declared that in this case, the sort of discretionary 14 00:01:02,000 --> 00:01:05,759 Speaker 3: special need requirement that was in the New York law 15 00:01:06,640 --> 00:01:10,440 Speaker 3: violates the Second Amendment. The court US Supreme Court ruled 16 00:01:10,480 --> 00:01:15,319 Speaker 3: the right to bear arms is not confined to your house. 17 00:01:16,200 --> 00:01:21,680 Speaker 3: It extends to carrying a handgun in public for self defense. Now, 18 00:01:22,760 --> 00:01:27,280 Speaker 3: the decision certainly struck down the New York law, but 19 00:01:27,319 --> 00:01:33,160 Speaker 3: it also reshaped, according to some experts, the entire landscape 20 00:01:33,200 --> 00:01:39,400 Speaker 3: of gun control in America. So here in Massachusetts, this 21 00:01:39,520 --> 00:01:42,960 Speaker 3: case that is up in front of the Supreme court 22 00:01:43,080 --> 00:01:50,400 Speaker 3: this week dealt with this fact pattern. In Massachusetts, there 23 00:01:50,440 --> 00:01:57,480 Speaker 3: was this It's called Massachusetts versus Mackai Thompson. Thompson is 24 00:01:57,520 --> 00:02:00,480 Speaker 3: a twenty year old who was convicted of the illegal 25 00:02:00,520 --> 00:02:07,120 Speaker 3: possession of a firearm. According to his defense, the state 26 00:02:07,200 --> 00:02:11,799 Speaker 3: law in Massachusetts that strikes down that prohibits anyone from 27 00:02:11,919 --> 00:02:14,600 Speaker 3: under twenty one from having a gun license should be 28 00:02:14,600 --> 00:02:18,160 Speaker 3: struck down. The facts of the case, Thompson's in a car. 29 00:02:18,200 --> 00:02:22,920 Speaker 3: He's pulled over by a Massachusetts State Police trooper in 30 00:02:23,200 --> 00:02:28,040 Speaker 3: Mattapan in December of twenty twenty one. So, according to 31 00:02:28,160 --> 00:02:32,480 Speaker 3: the story, he pushes the state trooper runs away, dropping 32 00:02:32,480 --> 00:02:35,000 Speaker 3: a semi automatic gun into the process. Now, this guy, 33 00:02:35,040 --> 00:02:41,799 Speaker 3: twenty year old, the jury convicted him, and the judge 34 00:02:41,800 --> 00:02:45,320 Speaker 3: in the case told him told the jury that he 35 00:02:45,360 --> 00:02:48,520 Speaker 3: did not have a right to carry a firearm in 36 00:02:48,520 --> 00:02:55,600 Speaker 3: Massachusetts under the law of Massachusetts. The defense in appealing 37 00:02:55,800 --> 00:03:01,280 Speaker 3: the case says that his aid which does not exclude 38 00:03:01,320 --> 00:03:07,680 Speaker 3: him from Second Amendment protections. So, according to one report 39 00:03:07,880 --> 00:03:10,920 Speaker 3: that talked about the case, one of the justices in 40 00:03:10,960 --> 00:03:15,640 Speaker 3: the state Supreme Court said look age based restrictions on 41 00:03:15,800 --> 00:03:23,919 Speaker 3: firearms would be considered constitutional. One would be hard pressed 42 00:03:23,960 --> 00:03:28,119 Speaker 3: to defend giving two year olds firearms. Well, the defensive 43 00:03:28,160 --> 00:03:31,160 Speaker 3: learning attorney in the case said, the state hasn't proved 44 00:03:31,160 --> 00:03:33,720 Speaker 3: that it's okay to deny and adult their Second Amendment 45 00:03:33,800 --> 00:03:37,280 Speaker 3: rights because they're under twenty one. And they have not 46 00:03:37,400 --> 00:03:40,760 Speaker 3: shown anything where there's an age based prohibition that strips 47 00:03:40,800 --> 00:03:43,680 Speaker 3: away the rights of adults or anyone over the age 48 00:03:43,680 --> 00:03:48,200 Speaker 3: of eighteen, just by virtue of their age. Well, I 49 00:03:48,240 --> 00:03:51,720 Speaker 3: think it's an interesting case for a couple of reasons. One, 50 00:03:52,320 --> 00:03:58,040 Speaker 3: you will always have the people who are absolutists on 51 00:03:58,080 --> 00:04:00,720 Speaker 3: the First Amendment, and just as many of us would 52 00:04:00,720 --> 00:04:03,760 Speaker 3: be considered absolutists on the First Amendment, and they would 53 00:04:03,840 --> 00:04:07,000 Speaker 3: argue there should be no limitations. But I got to 54 00:04:07,040 --> 00:04:10,520 Speaker 3: tell you in view of a decision we talked about 55 00:04:11,000 --> 00:04:16,240 Speaker 3: last week a lot, the maddest decision where the State 56 00:04:16,520 --> 00:04:21,240 Speaker 3: Supreme Court here in Massachusetts by a razor thin margin 57 00:04:21,360 --> 00:04:24,640 Speaker 3: four to three. It cannot be any closer than that. 58 00:04:24,720 --> 00:04:30,320 Speaker 3: In the State Supreme Court they ruled they ruled that 59 00:04:30,600 --> 00:04:36,240 Speaker 3: this same class of individuals, people who are eighteen, nineteen, 60 00:04:36,400 --> 00:04:40,640 Speaker 3: and twenty year old, twenty years old, that they are 61 00:04:41,640 --> 00:04:48,119 Speaker 3: what the court called emerging adults and as emerging adults. 62 00:04:48,720 --> 00:04:53,040 Speaker 3: They're not quite adults. When you become twenty one, you're 63 00:04:53,080 --> 00:04:56,560 Speaker 3: an adult now. I think the phrase emerging adults in 64 00:04:56,600 --> 00:05:01,799 Speaker 3: the Maddest decision was a phony, bologna made up phrase. 65 00:05:02,880 --> 00:05:07,120 Speaker 3: In that particular case, the court bent over backwards to 66 00:05:07,240 --> 00:05:12,919 Speaker 3: give the right of parole to people who were convicted 67 00:05:12,960 --> 00:05:18,560 Speaker 3: in the Commonwealth for first degree murder if they committed 68 00:05:18,560 --> 00:05:22,039 Speaker 3: that crime at the age of eighteen, nineteen or twenty. 69 00:05:23,160 --> 00:05:26,080 Speaker 3: If you commit the crime after twenty one, as the 70 00:05:26,080 --> 00:05:31,200 Speaker 3: court has ruled, and you are convicted of murder in 71 00:05:31,240 --> 00:05:36,599 Speaker 3: the first degree, you are destined for a life in 72 00:05:36,640 --> 00:05:40,640 Speaker 3: prison without the possibility of parole. Now, somewhere down the line, 73 00:05:40,640 --> 00:05:43,320 Speaker 3: when you're eighty years old and you're dying, you may 74 00:05:43,360 --> 00:05:47,520 Speaker 3: get a medical parole or some or a medical release, 75 00:05:48,800 --> 00:05:56,160 Speaker 3: but that twenty one year birthday it's pretty significant. So 76 00:05:56,240 --> 00:06:01,159 Speaker 3: you kill somebody when you're twenty years, eleven months and 77 00:06:01,400 --> 00:06:07,680 Speaker 3: twenty nine days of age, now you can't be sentenced 78 00:06:07,680 --> 00:06:11,000 Speaker 3: to life without the possibility of parole. You have to 79 00:06:11,040 --> 00:06:15,480 Speaker 3: be given parole, and there are implications of that basically, 80 00:06:16,120 --> 00:06:20,839 Speaker 3: particularly if you're involved in a horrific murder and you've 81 00:06:20,880 --> 00:06:24,880 Speaker 3: been convicted of murder in the first degree. At some 82 00:06:25,000 --> 00:06:28,599 Speaker 3: point ten years out, fifteen years out, it all gets 83 00:06:28,600 --> 00:06:30,720 Speaker 3: brought up again and the family of the victim has 84 00:06:30,760 --> 00:06:33,480 Speaker 3: to go through this again, which I don't think is fair. 85 00:06:34,960 --> 00:06:37,680 Speaker 3: At the same time, if the court is going to 86 00:06:37,720 --> 00:06:41,560 Speaker 3: be held to their standard of emerging adults, and you're 87 00:06:41,600 --> 00:06:44,800 Speaker 3: going to have a distinction between people who killed before 88 00:06:44,839 --> 00:06:47,880 Speaker 3: their twenty first birthday and people who kill on their 89 00:06:47,920 --> 00:06:51,120 Speaker 3: twenty first birthday or two days after their twenty first birthday, 90 00:06:52,000 --> 00:06:56,280 Speaker 3: they can get a life sentence without parole. Now, I'm 91 00:06:56,320 --> 00:06:59,039 Speaker 3: not interested in really getting to the madness case tonight, 92 00:06:59,160 --> 00:07:03,159 Speaker 3: although if you want to raise it we can. Interestingly enough, 93 00:07:03,200 --> 00:07:06,120 Speaker 3: the last statistics that I saw is that there are 94 00:07:06,160 --> 00:07:10,640 Speaker 3: two hundred and three two hundred and three people serving 95 00:07:10,680 --> 00:07:13,520 Speaker 3: life in prison without parole, or there were two hundred 96 00:07:13,560 --> 00:07:16,640 Speaker 3: and three people in Massachusetts, including a couple of two 97 00:07:16,680 --> 00:07:21,720 Speaker 3: or three women by the way, mostly mostly men. Fifty 98 00:07:21,800 --> 00:07:25,200 Speaker 3: two of their cases have been heard since the Masters 99 00:07:25,320 --> 00:07:31,440 Speaker 3: decision was decided, and of the people who of these 100 00:07:31,520 --> 00:07:37,040 Speaker 3: first degree murderers under the age of twenty one, they 101 00:07:37,080 --> 00:07:40,920 Speaker 3: have been released at a rate of or given a 102 00:07:40,920 --> 00:07:46,360 Speaker 3: parole release date of seventy six percent. If you extrapolate 103 00:07:46,440 --> 00:07:50,960 Speaker 3: that number fifty two cases to the total group of 104 00:07:51,000 --> 00:07:54,800 Speaker 3: two hundred and three, it's about three to one ratio 105 00:07:55,280 --> 00:07:58,800 Speaker 3: cases already decided. And by the way, the people who 106 00:07:58,800 --> 00:08:02,640 Speaker 3: have been denied they could have another hearing in front 107 00:08:02,640 --> 00:08:04,200 Speaker 3: of the parole board to see if they have a 108 00:08:04,280 --> 00:08:10,280 Speaker 3: right to a parole hearing. You extrapolate that number out, 109 00:08:10,360 --> 00:08:12,800 Speaker 3: and you're going to have about three quarters, seventy six 110 00:08:13,240 --> 00:08:16,000 Speaker 3: seventy five percent of two hundred and three people back 111 00:08:16,040 --> 00:08:21,360 Speaker 3: walking the streets of Massachusetts, all because the state Supreme Court, 112 00:08:21,640 --> 00:08:26,440 Speaker 3: the Massachusetts State Supreme Court, came up with this concept 113 00:08:26,520 --> 00:08:30,480 Speaker 3: of emerging adults. So I want to simplify the question. 114 00:08:31,320 --> 00:08:34,160 Speaker 3: I want to simplify the question. Obviously, the individual in 115 00:08:34,200 --> 00:08:38,600 Speaker 3: this case, Mackay Thompson, who was running around with an 116 00:08:38,640 --> 00:08:46,840 Speaker 3: automatic weapon, a semi automatic weapon that could be I 117 00:08:46,840 --> 00:08:52,400 Speaker 3: don't know, could be AK forty seven, something like that, 118 00:08:53,559 --> 00:08:57,160 Speaker 3: M sixteen or something of that caliber, can unload a 119 00:08:57,160 --> 00:09:00,720 Speaker 3: lot of lead pretty quickly. Do you want people who 120 00:09:00,760 --> 00:09:05,160 Speaker 3: are eighteen, nineteen and twenty to have the legal right 121 00:09:06,040 --> 00:09:12,480 Speaker 3: to carry guns open, you know, in effect, you know, 122 00:09:14,120 --> 00:09:19,880 Speaker 3: walking around the street with guns in their pockets. Uh. 123 00:09:19,920 --> 00:09:23,319 Speaker 3: I'm concerned about that, and I consider myself a Second 124 00:09:23,360 --> 00:09:27,440 Speaker 3: Amendment guy. But I think that first of all, if 125 00:09:27,920 --> 00:09:33,400 Speaker 3: they are still having their brains formed, the different portions 126 00:09:33,440 --> 00:09:37,480 Speaker 3: of the brain, if they're emerging adults, I think the 127 00:09:37,520 --> 00:09:39,599 Speaker 3: court's going to have a tough time. But knowing the 128 00:09:39,720 --> 00:09:42,679 Speaker 3: State Supreme Court, they come up with wacky decisions all 129 00:09:42,720 --> 00:09:45,280 Speaker 3: the time. They came up with a decision today on 130 00:09:45,360 --> 00:09:49,080 Speaker 3: Diana Desauglio's case, saying that she could not hire an 131 00:09:49,120 --> 00:09:51,880 Speaker 3: outside council to take her case up to the Supreme Court. 132 00:09:52,320 --> 00:09:55,679 Speaker 3: Welcome to Massachusetts, everybody. Six one, seven, two, five, four, 133 00:09:55,800 --> 00:09:59,000 Speaker 3: ten thirty six one seven, nine, three, one, ten thirty. 134 00:09:59,080 --> 00:10:01,360 Speaker 3: If you are a real well First Amendment person, I 135 00:10:01,400 --> 00:10:05,000 Speaker 3: assume you're going to say, hey, I'm of course going 136 00:10:05,080 --> 00:10:07,439 Speaker 3: to ask I have questions for you. If you're somebody 137 00:10:07,480 --> 00:10:09,640 Speaker 3: who agrees with me, I have questions for you as well. 138 00:10:09,880 --> 00:10:12,320 Speaker 3: Let's get it going. We're going to be talking at 139 00:10:12,640 --> 00:10:16,720 Speaker 3: ten o'clock tonight with Jeff Robbins his perspective on the 140 00:10:16,760 --> 00:10:19,920 Speaker 3: pros and cons of what's going on halfway around the world. 141 00:10:20,440 --> 00:10:23,120 Speaker 3: Today was a good day for the United States of America. 142 00:10:23,160 --> 00:10:26,840 Speaker 3: First time that they sank an enemy submarine since the 143 00:10:26,920 --> 00:10:31,479 Speaker 3: end of World War Two. Amazing video through the periscope 144 00:10:31,960 --> 00:10:35,480 Speaker 3: of this submarine that sank this Iranian ship in the 145 00:10:35,480 --> 00:10:41,520 Speaker 3: Indian Ocean, pretty far from the from the country of Iran. 146 00:10:42,600 --> 00:10:45,200 Speaker 3: I guess there've been twenty ships that have been sunk 147 00:10:45,280 --> 00:10:50,000 Speaker 3: so far. It's a lot to talk about tonight, we 148 00:10:50,080 --> 00:10:53,040 Speaker 3: really do. This is one that strikes closer to home. 149 00:10:53,160 --> 00:10:55,800 Speaker 3: I don't want kids who are eighteen, nineteen, twenty years 150 00:10:55,840 --> 00:10:59,640 Speaker 3: old carrying guns. That's my thought, but you may agree 151 00:10:59,640 --> 00:11:01,760 Speaker 3: with this. That's what we do here in Nightside. We 152 00:11:01,800 --> 00:11:04,520 Speaker 3: have conversations. All points of view are welcome. Just have 153 00:11:04,600 --> 00:11:07,240 Speaker 3: a conservation. If you want to scream and yell or 154 00:11:08,040 --> 00:11:10,320 Speaker 3: make a speech and not engage in a conversation, that 155 00:11:10,440 --> 00:11:11,920 Speaker 3: kind of makes it tough for me. If you're going 156 00:11:11,920 --> 00:11:14,480 Speaker 3: to try to take control of the program, that kind 157 00:11:14,480 --> 00:11:16,520 Speaker 3: of makes it tough. There are some people who do 158 00:11:16,559 --> 00:11:20,640 Speaker 3: that regularly. They end up walking the plank for the 159 00:11:20,679 --> 00:11:24,800 Speaker 3: most part. Bob and Rhode Island GEO, they kind of 160 00:11:24,800 --> 00:11:26,840 Speaker 3: the regular call is we're going to be a little 161 00:11:26,880 --> 00:11:28,720 Speaker 3: bit more strict with them, to be honest with you, 162 00:11:28,760 --> 00:11:33,480 Speaker 3: because when they come on they're off topic and I'm 163 00:11:33,600 --> 00:11:37,320 Speaker 3: not here to insult. Six one seven uh six one 164 00:11:37,400 --> 00:11:40,040 Speaker 3: seven nine three ten thirty is the alternate line. Most 165 00:11:40,080 --> 00:11:42,000 Speaker 3: people just go to two five, four to ten thirty. 166 00:11:42,040 --> 00:11:44,640 Speaker 3: If you're smart, go to six month, seven nineth three 167 00:11:44,679 --> 00:11:46,760 Speaker 3: one ten thirty. That'll get you right through. Coming back 168 00:11:46,800 --> 00:11:49,479 Speaker 3: on Nightside. 169 00:11:48,760 --> 00:11:53,319 Speaker 1: Night Side with Dan Ray, I'm telling you Bes Boston's 170 00:11:53,400 --> 00:11:54,520 Speaker 1: news Radio. 171 00:11:55,080 --> 00:11:57,640 Speaker 3: So the whole question about guns and whether you have 172 00:11:57,679 --> 00:12:01,640 Speaker 3: a right to carry guns concealed, Brooin case essentially said yeah, 173 00:12:01,640 --> 00:12:04,559 Speaker 3: you can carry a gun for you know, this concealed 174 00:12:04,559 --> 00:12:12,040 Speaker 3: weapon for self defense, and that the instructions and the 175 00:12:12,120 --> 00:12:18,000 Speaker 3: dicta in the case also suggested that other state courts 176 00:12:18,320 --> 00:12:21,920 Speaker 3: would have to deal with restrictions that exist within their state. 177 00:12:22,000 --> 00:12:27,440 Speaker 3: And so if you read the Globe, Sean Cotter has 178 00:12:27,480 --> 00:12:32,160 Speaker 3: written a couple of pieces, and I think it's interesting. 179 00:12:33,920 --> 00:12:36,320 Speaker 3: According to Sean's piece of the Globe, gun laws very 180 00:12:36,360 --> 00:12:39,480 Speaker 3: across the country. In many states, no license is required 181 00:12:39,520 --> 00:12:42,760 Speaker 3: to possess handguns and carry them concealed in public. To 182 00:12:42,840 --> 00:12:45,640 Speaker 3: do that, in Massachusetts you need a license and that 183 00:12:45,800 --> 00:12:48,280 Speaker 3: is only available if you were twenty one years or 184 00:12:48,320 --> 00:12:51,600 Speaker 3: age or over. But recently gun rights advocates have been 185 00:12:51,679 --> 00:12:54,559 Speaker 3: riding high from the sweeping Supreme Court decision in twenty 186 00:12:54,600 --> 00:12:58,360 Speaker 3: twenty two known as the Bruin case, which hadsried stronger 187 00:12:58,400 --> 00:13:04,080 Speaker 3: perfections for detections for possessing firearms in public and enabled 188 00:13:04,120 --> 00:13:08,400 Speaker 3: a new wave of challenges like this one. At the hearings, 189 00:13:08,400 --> 00:13:13,760 Speaker 3: some justices expressed skepticism about the constitutionality of the state's 190 00:13:13,800 --> 00:13:18,200 Speaker 3: longstanding ban on people aged eighteen to twenty from obtaining 191 00:13:18,280 --> 00:13:21,400 Speaker 3: license to carry a firearm, though was not clear where 192 00:13:21,400 --> 00:13:26,840 Speaker 3: a majority would land on the issue. So six one, seven, two, five, 193 00:13:26,880 --> 00:13:29,800 Speaker 3: four ten thirty six one seven, nine three one, ten thirty. 194 00:13:30,120 --> 00:13:32,640 Speaker 3: We'll start it off with Mark in Austin. 195 00:13:32,760 --> 00:13:37,240 Speaker 4: Mark, welcome, Thanks for taking my call this evening, interesting topic. 196 00:13:37,600 --> 00:13:37,960 Speaker 3: Thank you. 197 00:13:38,160 --> 00:13:43,480 Speaker 4: As a survivor of violent crime and a lifelong non 198 00:13:43,640 --> 00:13:47,040 Speaker 4: firearm owner, I agree with you, at least in principle. 199 00:13:48,600 --> 00:13:50,440 Speaker 3: Yeah, I'm not surprised. 200 00:13:50,760 --> 00:13:54,960 Speaker 4: I'm not surprised at that emerging adult language is kind 201 00:13:55,000 --> 00:13:56,000 Speaker 4: of fuzzy. 202 00:13:55,720 --> 00:13:58,240 Speaker 5: For me, very fuch. 203 00:13:58,280 --> 00:14:01,280 Speaker 4: And I'm not a llay. You're the one with the 204 00:14:01,360 --> 00:14:02,040 Speaker 4: law degree. 205 00:14:02,280 --> 00:14:07,760 Speaker 3: Yep. Well you heard, you heard my analysis, and my 206 00:14:07,840 --> 00:14:11,480 Speaker 3: analysis is that if the court is going to give 207 00:14:11,559 --> 00:14:16,160 Speaker 3: people who now under the law in Massachusetts or prior 208 00:14:16,240 --> 00:14:19,720 Speaker 3: to the Matters case, could be sentenced to life in 209 00:14:19,760 --> 00:14:24,120 Speaker 3: prison without parole for murder in the first degree if 210 00:14:24,120 --> 00:14:27,080 Speaker 3: they were under the age of twenty one, because they 211 00:14:27,120 --> 00:14:32,000 Speaker 3: were emerging adults and therefore amplicate. Let me finish. If 212 00:14:32,000 --> 00:14:34,840 Speaker 3: I couldn't work, Mark, let me just finish. If I could, 213 00:14:34,880 --> 00:14:39,040 Speaker 3: then you could interrupt me. Okay. The concept of emerging 214 00:14:39,080 --> 00:14:42,880 Speaker 3: rest adults is that these young people, when they killed 215 00:14:42,880 --> 00:14:46,400 Speaker 3: someone at the age of eighteen, nineteen, or twenty, their 216 00:14:46,480 --> 00:14:50,960 Speaker 3: mind had not formed completely. So now, in effect, they're 217 00:14:51,000 --> 00:14:54,200 Speaker 3: being asked to give the same group of young people 218 00:14:55,200 --> 00:15:01,040 Speaker 3: nineteen and twenty the right to carry concealed weapons. Okay, 219 00:15:01,360 --> 00:15:04,280 Speaker 3: go ahead, Mark. I'm sorry to have continued longer than 220 00:15:04,880 --> 00:15:05,400 Speaker 3: was permission. 221 00:15:05,560 --> 00:15:14,360 Speaker 4: Go ahead, I mean. 222 00:15:17,240 --> 00:15:20,000 Speaker 3: Add whatever you want, Mark, I'm listening. I'm all ears 223 00:15:20,000 --> 00:15:21,600 Speaker 3: Mark for you wisdom. Go ahead. 224 00:15:22,680 --> 00:15:32,600 Speaker 4: Yeah. It took me a year of acupuncture to fix 225 00:15:32,640 --> 00:15:35,840 Speaker 4: the bad back from the mugging. I was very fortunate 226 00:15:35,960 --> 00:15:39,400 Speaker 4: that I have a doctor for an older brother who 227 00:15:39,480 --> 00:15:41,480 Speaker 4: was friendly with an acupuncturist. 228 00:15:41,880 --> 00:15:44,720 Speaker 3: That's fascinating, Mark, Thanks so much for calling. That added 229 00:15:44,720 --> 00:15:47,400 Speaker 3: a lot to the conversation. Appreciate your call. Let me 230 00:15:47,440 --> 00:15:50,680 Speaker 3: go next to Heather in Arlington. Heather, how are you tonight? Welcome? 231 00:15:51,920 --> 00:15:52,920 Speaker 6: Hi, Dan, how are you? 232 00:15:54,680 --> 00:15:56,760 Speaker 3: I'm better talking to you than I watch to Mark. 233 00:15:56,840 --> 00:15:57,560 Speaker 3: Go ahead, Heather. 234 00:15:59,680 --> 00:16:03,200 Speaker 6: I think as somebody who has like young adults, I 235 00:16:03,240 --> 00:16:09,440 Speaker 6: have young guys in their twenties and lateeenth and I 236 00:16:09,520 --> 00:16:14,640 Speaker 6: agree in principle with the emerging adult they shouldn't have 237 00:16:14,720 --> 00:16:18,120 Speaker 6: a firearm till twenty one, period, full stop for me. 238 00:16:19,240 --> 00:16:21,920 Speaker 6: But I think the language of emerging adults is really 239 00:16:22,000 --> 00:16:25,760 Speaker 6: funny and awkward because they still, like you were just 240 00:16:25,960 --> 00:16:29,440 Speaker 6: saying about somebody having a firearm. When they killed somebody 241 00:16:29,440 --> 00:16:32,840 Speaker 6: at nineteen, they knew right from wrong about taking a life. Now, 242 00:16:32,840 --> 00:16:36,960 Speaker 6: did they have the prefrontal cortex. Maybe not, but it 243 00:16:37,000 --> 00:16:39,720 Speaker 6: doesn't mean they still didn't know right from wrong. I 244 00:16:39,800 --> 00:16:43,960 Speaker 6: just feel like, I don't know. I agree with the 245 00:16:44,040 --> 00:16:46,720 Speaker 6: twenty one thing, but it's weird the way they worded it. 246 00:16:47,600 --> 00:16:51,920 Speaker 3: Well, they latched on in the maddest decision to this concept. 247 00:16:51,960 --> 00:16:52,080 Speaker 7: Then. 248 00:16:52,120 --> 00:16:57,080 Speaker 3: I'm sure some psychologist somewhere came up with which is fine, 249 00:16:57,680 --> 00:16:59,480 Speaker 3: But for them, I thought it was it was a 250 00:16:59,520 --> 00:17:02,800 Speaker 3: four decision. I disagreed with it. I think it was 251 00:17:02,840 --> 00:17:07,000 Speaker 3: a mistake. But now I think they're in a bit 252 00:17:07,080 --> 00:17:10,960 Speaker 3: of a mind here. If they had said, no, we 253 00:17:11,040 --> 00:17:15,440 Speaker 3: reject the concept of emerging asult adults. At eighteen nineteen 254 00:17:15,480 --> 00:17:18,119 Speaker 3: and twenty, you know right from wrong. I was taught 255 00:17:18,320 --> 00:17:21,040 Speaker 3: that the age of reason was like seven, and when 256 00:17:21,080 --> 00:17:24,560 Speaker 3: you're seven years old, you really know basically what's right 257 00:17:24,600 --> 00:17:26,720 Speaker 3: and wrong. You know, it's sophisticated that level of. 258 00:17:26,760 --> 00:17:27,320 Speaker 5: Right from wrong. 259 00:17:27,440 --> 00:17:31,239 Speaker 3: Absolutely okay, But at eighteen nineteen and twenty, whether you're 260 00:17:31,240 --> 00:17:34,280 Speaker 3: an emerging adult or you're somebody who is an emerged 261 00:17:34,320 --> 00:17:37,879 Speaker 3: result adult, whatever the hell that is, you know you 262 00:17:37,920 --> 00:17:40,840 Speaker 3: don't kill people. And to be convicted from murdering the 263 00:17:40,920 --> 00:17:44,199 Speaker 3: first degree, it's not a crime of passion. It's not 264 00:17:44,280 --> 00:17:46,520 Speaker 3: you're in a fight with somebody. It's it's you really 265 00:17:46,600 --> 00:17:50,879 Speaker 3: did this with premeditation, deliberation, all the elements of murdering 266 00:17:50,920 --> 00:17:53,040 Speaker 3: the first degree. I just think it was it was 267 00:17:53,119 --> 00:17:57,439 Speaker 3: a dumb decision by the Massachusetts State Supreme Court. But 268 00:17:57,520 --> 00:18:00,399 Speaker 3: they made a dumb decision today when they decide that 269 00:18:00,440 --> 00:18:02,760 Speaker 3: Diana and Dessauglio did never right to take her a 270 00:18:02,800 --> 00:18:06,760 Speaker 3: case to the States of Free court. So we'll leave 271 00:18:06,760 --> 00:18:09,200 Speaker 3: that alone. But now I think you're in the mind. 272 00:18:09,359 --> 00:18:11,440 Speaker 3: So what you're going to do is say that if 273 00:18:11,440 --> 00:18:13,240 Speaker 3: you commit murder in the first degree and you're eighteen, 274 00:18:13,320 --> 00:18:17,440 Speaker 3: nineteen to twenty, absolutely you don't have to serve your 275 00:18:17,480 --> 00:18:21,560 Speaker 3: life in prison without the possibility of release, because we're 276 00:18:21,560 --> 00:18:23,520 Speaker 3: going to give you a parole hearing at some point, 277 00:18:23,840 --> 00:18:26,600 Speaker 3: and we might give you multiple parole hearings. Now they're 278 00:18:26,600 --> 00:18:28,359 Speaker 3: going to turn around and say that these same people 279 00:18:28,440 --> 00:18:31,200 Speaker 3: who are in that category of emerging adults, let's give 280 00:18:31,240 --> 00:18:35,240 Speaker 3: them guns. They need more guns. It's inherently now I 281 00:18:35,280 --> 00:18:35,879 Speaker 3: have a question. 282 00:18:36,320 --> 00:18:39,400 Speaker 6: Yeah, what if it's a second degree or manslaughter? 283 00:18:39,600 --> 00:18:40,480 Speaker 8: So do they. 284 00:18:42,480 --> 00:18:44,119 Speaker 6: I'm going to get a legal area. 285 00:18:44,600 --> 00:18:46,000 Speaker 3: Well, that's notes that. 286 00:18:45,960 --> 00:18:48,000 Speaker 6: Change if they're eighteen and kill someone. 287 00:18:48,240 --> 00:18:50,919 Speaker 3: No, no, no, no. It only affects people who are 288 00:18:50,960 --> 00:18:54,439 Speaker 3: convicted in Massachusetts. If you're convicted of murder in the 289 00:18:54,480 --> 00:19:01,439 Speaker 3: first degree, which means premeditation, deliberation, cruelty, a variety of things, 290 00:19:02,119 --> 00:19:05,399 Speaker 3: you were sentenced automatically by law to life in prison 291 00:19:05,520 --> 00:19:08,879 Speaker 3: without the possibility of parole. If you are sentenced to 292 00:19:08,960 --> 00:19:13,160 Speaker 3: murder in the second degree, you give it. You have 293 00:19:13,240 --> 00:19:17,399 Speaker 3: to serve fifteen years before your parole eligible. So if 294 00:19:17,400 --> 00:19:20,920 Speaker 3: you're convicted of murder in the second degree, if there's 295 00:19:20,920 --> 00:19:23,399 Speaker 3: two people are involved and one gets murdered in the 296 00:19:23,440 --> 00:19:27,040 Speaker 3: first degree, he up before the Manas decision, had no 297 00:19:27,080 --> 00:19:30,800 Speaker 3: possibility of parole in Massachusetts. If someone in the same 298 00:19:30,840 --> 00:19:33,520 Speaker 3: crime was murdering the second degree, they would be able 299 00:19:33,560 --> 00:19:36,200 Speaker 3: to get parole fifteen years out, and that was one 300 00:19:36,240 --> 00:19:40,480 Speaker 3: of the distinctions. So this one to me. And again, 301 00:19:41,040 --> 00:19:43,920 Speaker 3: I know that my pro gun people are going to say, 302 00:19:44,080 --> 00:19:46,520 Speaker 3: and if anybody is out there listening, who considers the 303 00:19:46,640 --> 00:19:49,520 Speaker 3: pro gun make the argument for me? I'm just saying 304 00:19:49,560 --> 00:19:52,600 Speaker 3: that in the context of the Manus decision, this seems 305 00:19:52,640 --> 00:19:56,480 Speaker 3: to me to be inconsistent and congruit that they can 306 00:19:56,520 --> 00:19:59,120 Speaker 3: turn around now, although who knows that the massachuse States 307 00:19:59,119 --> 00:20:01,520 Speaker 3: Supreme Court anything as possible simple as that. 308 00:20:01,920 --> 00:20:06,119 Speaker 6: Now, is there any age differentiation between like for the 309 00:20:06,160 --> 00:20:09,160 Speaker 6: second degree, like under twenty one over twenty one? 310 00:20:09,480 --> 00:20:13,640 Speaker 3: Oh no, nope, nope, Oh yeah, Now you do have 311 00:20:15,040 --> 00:20:18,440 Speaker 3: you know, cases when somebody's involved and they're very young, 312 00:20:18,480 --> 00:20:20,159 Speaker 3: whether they're going to be tried as an adult or 313 00:20:20,200 --> 00:20:22,560 Speaker 3: as a juvenile, And if they have tried as a juvenile, 314 00:20:22,600 --> 00:20:26,560 Speaker 3: I think they're automatically automatically released at the age of 315 00:20:26,560 --> 00:20:31,800 Speaker 3: twenty one, So you know, that's it can be confusing, 316 00:20:32,080 --> 00:20:35,560 Speaker 3: but I think it's I think the question is really simple. 317 00:20:36,240 --> 00:20:39,800 Speaker 3: Will you be more comfortable in Massachusetts knowing that now, again, 318 00:20:39,840 --> 00:20:41,480 Speaker 3: there are a lot of eighteen and nineteen and twenty 319 00:20:41,600 --> 00:20:44,120 Speaker 3: year olds who carry guns right now. As a matter 320 00:20:44,119 --> 00:20:46,439 Speaker 3: of fact, the person in this case is saying is 321 00:20:46,480 --> 00:20:49,120 Speaker 3: saying that he had a semi automatic and they want 322 00:20:49,160 --> 00:20:52,520 Speaker 3: his case to be thrown out. You know, he pushes 323 00:20:52,560 --> 00:20:55,439 Speaker 3: the cop, he runs, he drops the semi automatic, and 324 00:20:55,480 --> 00:20:58,920 Speaker 3: he's twenty years old at the time, and the law 325 00:20:59,000 --> 00:21:01,720 Speaker 3: at that time set Now what they're doing is basically 326 00:21:01,760 --> 00:21:05,320 Speaker 3: going to release him and to and to and to 327 00:21:05,400 --> 00:21:08,640 Speaker 3: overturn his conviction. They're going to go back and say, well, 328 00:21:08,840 --> 00:21:10,720 Speaker 3: you know better than all of us, even though the 329 00:21:11,480 --> 00:21:14,199 Speaker 3: law at the time, passed by the legislature signed by 330 00:21:14,240 --> 00:21:16,320 Speaker 3: the governor was you weren't supposed to have a gun. 331 00:21:16,800 --> 00:21:20,359 Speaker 3: Now in retrospect the Brune decision, we're gonna we're gonna 332 00:21:20,440 --> 00:21:24,080 Speaker 3: use the Brune decision if they decide to go and 333 00:21:24,200 --> 00:21:28,200 Speaker 3: release and release him to overturn his decision. That's that's 334 00:21:29,119 --> 00:21:30,120 Speaker 3: this gets really does. 335 00:21:30,240 --> 00:21:31,639 Speaker 5: That's kind of crazy, really Dicey. 336 00:21:31,720 --> 00:21:33,880 Speaker 3: You got it, Heather, Thank you so much for your call. 337 00:21:33,960 --> 00:21:35,000 Speaker 3: Appreciate it very much. 338 00:21:36,040 --> 00:21:36,280 Speaker 9: Thank you. 339 00:21:36,440 --> 00:21:36,840 Speaker 5: Take care. 340 00:21:37,000 --> 00:21:40,000 Speaker 3: We're talking again. Call more offen please. I love callers 341 00:21:40,040 --> 00:21:42,639 Speaker 3: who can have a conversation with me. Market's still working 342 00:21:42,680 --> 00:21:46,600 Speaker 3: on that. Thanks so much. That's a great night. Okay, 343 00:21:46,600 --> 00:21:48,320 Speaker 3: we got the news coming up. I got some wide 344 00:21:48,320 --> 00:21:50,680 Speaker 3: open lines here. If you're a big pro gun advocate, 345 00:21:51,040 --> 00:21:55,400 Speaker 3: make the case. Make the case six one seven, six, 346 00:21:55,440 --> 00:21:58,399 Speaker 3: one seven, nine three one, ten thirty. If you've been listening, 347 00:21:58,400 --> 00:22:01,160 Speaker 3: you know what we're talking about. Join us on Nightside 348 00:22:01,280 --> 00:22:03,640 Speaker 3: right after the news at the bottom of the hour. 349 00:22:05,080 --> 00:22:09,760 Speaker 1: It's Nightside with Boston's News radio. 350 00:22:11,080 --> 00:22:12,840 Speaker 3: So we're talking about an argument that was made in 351 00:22:12,880 --> 00:22:14,800 Speaker 3: front of the State Supreme Court. It'd be interesting to 352 00:22:14,800 --> 00:22:18,919 Speaker 3: follow this argument in one of the articles by Sean 353 00:22:19,000 --> 00:22:21,919 Speaker 3: Cotter from the Boston Globe, who has covered this and 354 00:22:22,000 --> 00:22:25,240 Speaker 3: has done a very nice job on it. Recently, gun 355 00:22:25,480 --> 00:22:28,560 Speaker 3: rights advocates have been riding high from the sweeping Supreme 356 00:22:28,600 --> 00:22:31,919 Speaker 3: Court decision of twenty twenty two, known as the Bruin Case, 357 00:22:32,200 --> 00:22:36,679 Speaker 3: which ensried stronger protections for possessing firearms in public and 358 00:22:36,880 --> 00:22:39,960 Speaker 3: enabled a new wave of challenges like this one. I 359 00:22:40,000 --> 00:22:44,560 Speaker 3: would look at the protections of possessing firearms in public 360 00:22:45,840 --> 00:22:49,360 Speaker 3: different as different and apart from eighteen year olds possessing 361 00:22:49,400 --> 00:22:54,040 Speaker 3: firearms in public, that's okay. Oral arguments scheduled for Monday, 362 00:22:54,960 --> 00:23:01,720 Speaker 3: where they heard the arguments on Monday, and he caught 363 00:23:01,720 --> 00:23:04,600 Speaker 3: of rights that again. The case involved the kid who 364 00:23:04,680 --> 00:23:08,520 Speaker 3: was twenty at the time, who was carrying a gun 365 00:23:09,040 --> 00:23:13,080 Speaker 3: with him, what's called the nine millimeter Taurus G three handgun. 366 00:23:13,800 --> 00:23:17,840 Speaker 3: He was stopped by police Mattapan. They saw what they 367 00:23:17,960 --> 00:23:19,760 Speaker 3: was a large what they thought was a large amount 368 00:23:19,760 --> 00:23:23,560 Speaker 3: of marijuana. He ran off, but troopers believed he was 369 00:23:23,600 --> 00:23:26,840 Speaker 3: tucking something under his waist. Man banned after what they 370 00:23:26,920 --> 00:23:31,120 Speaker 3: searched the area they found this nine millimeters gun. Convicted 371 00:23:31,160 --> 00:23:33,320 Speaker 3: of charges, including a legal possession of a gun, but 372 00:23:33,359 --> 00:23:37,200 Speaker 3: he appealed, arguing that the gun shouldn't The gun charge 373 00:23:37,240 --> 00:23:41,199 Speaker 3: should not stand because the law that underpins it that 374 00:23:40,520 --> 00:23:43,600 Speaker 3: you that you're only eligible for a license if you're 375 00:23:43,640 --> 00:23:46,720 Speaker 3: twenty one is unconstitutional. Now, of course, if he had 376 00:23:46,720 --> 00:23:50,520 Speaker 3: gone and applied for a license at the age of twenty, 377 00:23:51,320 --> 00:23:53,960 Speaker 3: he would have been denied. I think it would be 378 00:23:53,960 --> 00:23:59,200 Speaker 3: a stronger case in my opinion, to argue the constitutionality 379 00:23:59,240 --> 00:24:02,719 Speaker 3: of the case by simply applying and being denied, as 380 00:24:02,760 --> 00:24:06,159 Speaker 3: opposed to being being arrested by the state police, pushing 381 00:24:06,160 --> 00:24:10,080 Speaker 3: a state police officer and dropping a nine millimeter him 382 00:24:10,119 --> 00:24:12,959 Speaker 3: gun on the ground six one, seven, two, five, four, 383 00:24:13,119 --> 00:24:16,919 Speaker 3: ten thirty six one seven, nine three one ten thirty. Again, 384 00:24:17,080 --> 00:24:20,520 Speaker 3: I'm a second amendmic guy. I do believe, but I 385 00:24:20,640 --> 00:24:23,600 Speaker 3: believe that there have to be some restrictions. I mean, 386 00:24:24,000 --> 00:24:27,680 Speaker 3: you're gonna let kids eighteen? What about sixteen? What about twelve? 387 00:24:27,760 --> 00:24:31,400 Speaker 3: I mean, where do you draw the line? Join the conversation. 388 00:24:31,440 --> 00:24:33,239 Speaker 3: I got open lines at six one, seven, two, five, 389 00:24:33,320 --> 00:24:35,320 Speaker 3: four to ten thirty and also six months, seven nine, 390 00:24:35,400 --> 00:24:40,120 Speaker 3: three one, ten thirty. We will change topics at ten o'clock. 391 00:24:40,160 --> 00:24:42,199 Speaker 3: We're gonna be joined by Jeff Robbins and we're going 392 00:24:42,280 --> 00:24:44,200 Speaker 3: to talk about the pros and cons of what's going 393 00:24:44,200 --> 00:24:48,280 Speaker 3: on in Iran. Jeff roade an interesting syndicated column earlier 394 00:24:48,280 --> 00:24:50,280 Speaker 3: this week that I want to discuss with him, and 395 00:24:50,280 --> 00:24:51,920 Speaker 3: of course we want to get into what's been going 396 00:24:51,920 --> 00:24:54,320 Speaker 3: on in Iran in the last twenty four hours. That's 397 00:24:54,320 --> 00:24:56,640 Speaker 3: a story we got to stay on top of. Join 398 00:24:56,760 --> 00:24:58,639 Speaker 3: this conversation. If you would like, let me go to 399 00:24:58,680 --> 00:25:01,520 Speaker 3: Mike in Taunton. Hey, Mike, welcome to Nightside. Thanks for 400 00:25:01,600 --> 00:25:04,320 Speaker 3: checking in. What's your thought in this case? Hi? 401 00:25:04,480 --> 00:25:04,640 Speaker 7: Dan? 402 00:25:04,720 --> 00:25:05,240 Speaker 5: Can you hear me? 403 00:25:05,320 --> 00:25:05,639 Speaker 8: Okay? 404 00:25:05,760 --> 00:25:06,960 Speaker 3: Yeah, here you find you're great? 405 00:25:07,600 --> 00:25:09,680 Speaker 9: All right, great, I'm not sure if I knew how 406 00:25:09,680 --> 00:25:10,520 Speaker 9: to work this phone. 407 00:25:10,560 --> 00:25:10,960 Speaker 7: That great? 408 00:25:11,240 --> 00:25:13,399 Speaker 3: All right, you're doing great so far. 409 00:25:13,640 --> 00:25:17,320 Speaker 8: Don't stop, all right, please don't plank me. 410 00:25:17,440 --> 00:25:21,960 Speaker 9: But I bring Geo back. He's funny to watch anyway. 411 00:25:22,320 --> 00:25:26,840 Speaker 3: Well, but probably he can't know the reason he can't 412 00:25:27,040 --> 00:25:30,720 Speaker 3: engage in a conversation and he starts off. I mean, 413 00:25:30,760 --> 00:25:33,040 Speaker 3: you go right ahead. I'll bet you're gonna do really well, 414 00:25:33,200 --> 00:25:34,520 Speaker 3: go ahead, relax, I. 415 00:25:34,440 --> 00:25:38,399 Speaker 9: Hope, so, I hope so, uh all right, I gotta 416 00:25:39,600 --> 00:25:43,520 Speaker 9: thing really about these guns for car as your topic 417 00:25:43,640 --> 00:25:46,720 Speaker 9: is saying, yep, twenty and they get out, well bring 418 00:25:46,760 --> 00:25:49,080 Speaker 9: the powers to prison responsible? 419 00:25:49,400 --> 00:25:51,600 Speaker 3: Well, uh, yeah, you just had. 420 00:25:51,920 --> 00:25:54,720 Speaker 9: They just had a case where father was went to 421 00:25:54,720 --> 00:25:56,080 Speaker 9: prison for forty years. 422 00:25:56,560 --> 00:26:00,320 Speaker 3: That's the case in Georgia. But the difference between that 423 00:26:00,440 --> 00:26:05,399 Speaker 3: case is that was a parent who apparently had some 424 00:26:05,680 --> 00:26:10,040 Speaker 3: knowledge that his son was dealing with some difficult issues 425 00:26:10,640 --> 00:26:13,560 Speaker 3: and in an effort I guess to please the kid. 426 00:26:14,160 --> 00:26:19,480 Speaker 3: The father bought him this high powered weapon. And I 427 00:26:19,520 --> 00:26:22,000 Speaker 3: think the kid was what a sophomore, a freshman in 428 00:26:22,040 --> 00:26:24,920 Speaker 3: high school, so he was fourteen or fifteen. I mean, 429 00:26:25,840 --> 00:26:30,760 Speaker 3: that's like pouring pouring gasoline on a fire. What was 430 00:26:30,800 --> 00:26:33,639 Speaker 3: he thinking? And I think that I think that's a 431 00:26:33,680 --> 00:26:35,879 Speaker 3: good decision, to be honest with you. I feel badly 432 00:26:35,920 --> 00:26:38,080 Speaker 3: for the dad because I'm sure that he loved his 433 00:26:38,200 --> 00:26:39,960 Speaker 3: kid and he was trying to do the right thing 434 00:26:40,000 --> 00:26:44,719 Speaker 3: by the kid. But four fellow students are dead as 435 00:26:44,720 --> 00:26:49,160 Speaker 3: a result. You can't let the father wa Yeah, right, 436 00:26:49,760 --> 00:26:53,560 Speaker 3: And you know the students who were dead, their parents 437 00:26:53,640 --> 00:26:57,080 Speaker 3: are never going to see them celebrate their birthdays, get married, 438 00:26:57,160 --> 00:27:01,320 Speaker 3: have children, all of that by the board because of 439 00:27:01,440 --> 00:27:05,119 Speaker 3: one really dumb decision. If the kid had gone out 440 00:27:05,440 --> 00:27:09,159 Speaker 3: and stolen a gun somewhere or found a gun, uh, 441 00:27:09,480 --> 00:27:12,160 Speaker 3: that's a different story. But the father was very much involved, 442 00:27:12,240 --> 00:27:14,160 Speaker 3: and that's why I think that was a good decision. 443 00:27:16,000 --> 00:27:18,640 Speaker 8: Yeah all right, Sure, that's all I had to say. 444 00:27:18,680 --> 00:27:19,960 Speaker 9: And I really love your show. 445 00:27:20,119 --> 00:27:21,600 Speaker 3: Well, thank you. Let me just make sure. I just 446 00:27:21,600 --> 00:27:23,080 Speaker 3: want to get you on the record here. So you 447 00:27:23,160 --> 00:27:27,119 Speaker 3: think it's a crazy idea to make guns available to 448 00:27:27,240 --> 00:27:32,280 Speaker 3: people under the age of twenty one, is what I'm taking. Yeah, 449 00:27:32,320 --> 00:27:35,119 Speaker 3: they're in the military, and Rob mentioned that to be 450 00:27:35,200 --> 00:27:37,720 Speaker 3: during the break. By the way, in the military, you 451 00:27:37,800 --> 00:27:39,639 Speaker 3: can't take the gun to bed with you. You know, 452 00:27:40,200 --> 00:27:42,679 Speaker 3: you use it in the range and and then you 453 00:27:42,760 --> 00:27:45,879 Speaker 3: turn you know, you could fire the certain number of bullets. 454 00:27:45,920 --> 00:27:49,119 Speaker 3: They make sure that your bullets. You know, you're not 455 00:27:49,320 --> 00:27:54,160 Speaker 3: walking around with loaded weapons. You got it, You got it. 456 00:27:54,480 --> 00:27:55,960 Speaker 5: Hey, Mike, great, this. 457 00:27:55,920 --> 00:27:57,000 Speaker 3: Is your first time calling? 458 00:27:57,080 --> 00:28:00,000 Speaker 9: Or no, oh no, we've been together before. 459 00:28:00,119 --> 00:28:03,280 Speaker 3: Good, well, keep coming back. More off. Let me just 460 00:28:03,320 --> 00:28:07,959 Speaker 3: put it like this, you're no geo. Take that as 461 00:28:08,000 --> 00:28:08,600 Speaker 3: a gompliment. 462 00:28:08,680 --> 00:28:10,720 Speaker 9: Thanks of a great night at night. 463 00:28:10,520 --> 00:28:15,679 Speaker 3: You too, man, talk to you soon. Six thirty six, one, seven, nine, three, one, 464 00:28:15,840 --> 00:28:18,960 Speaker 3: ten thirty. I got Tom, I got Jahn, and I 465 00:28:18,960 --> 00:28:21,159 Speaker 3: got room for you. If you'd like to get in 466 00:28:21,200 --> 00:28:23,399 Speaker 3: here before ten o'clock, that'd be great. At ten o'clock, 467 00:28:23,480 --> 00:28:26,200 Speaker 3: gonna change topics and we're gonna switch back talk about 468 00:28:26,240 --> 00:28:28,200 Speaker 3: around tomorrow night. By the way, we have the car 469 00:28:28,280 --> 00:28:33,159 Speaker 3: guys from ten to midnight. As you probably know, we 470 00:28:33,240 --> 00:28:36,600 Speaker 3: haven't had the car guys with us since last October. Uh, 471 00:28:36,640 --> 00:28:39,480 Speaker 3: and we're about to get into the spring driving season, 472 00:28:39,600 --> 00:28:41,960 Speaker 3: which prompts a lot of questions to me, I'm still 473 00:28:41,960 --> 00:28:45,160 Speaker 3: looking for a car, and I'm gonna pick their brains 474 00:28:45,200 --> 00:28:46,960 Speaker 3: on a on a couple of cars, and you can 475 00:28:47,000 --> 00:28:50,840 Speaker 3: as well. Tomorrow night from ten to twelve on midnight, 476 00:28:51,000 --> 00:28:55,120 Speaker 3: from ten to midnight tomorrow on nightside, lines are filling up. 477 00:28:55,120 --> 00:28:57,160 Speaker 3: We'll get to everybody back on nights Side after this. 478 00:28:58,560 --> 00:29:03,240 Speaker 1: It's nights Eide on Boston's news radio. 479 00:29:04,080 --> 00:29:07,400 Speaker 3: We have full lines. We have we have about eight 480 00:29:07,440 --> 00:29:09,360 Speaker 3: minutes left. Let me get everybody in here, and I'm 481 00:29:09,360 --> 00:29:11,720 Speaker 3: going to just try to listen to your points of view. 482 00:29:11,760 --> 00:29:15,160 Speaker 3: Thom Is in Rochester, Massachusetts, Go ahead, Tom, what's on? 483 00:29:15,280 --> 00:29:18,200 Speaker 3: What's your take on this? Uh? 484 00:29:18,520 --> 00:29:20,400 Speaker 5: Hey, Dan Fellow, mass. 485 00:29:20,160 --> 00:29:22,680 Speaker 3: While absolutely welcome, sir. 486 00:29:23,240 --> 00:29:24,920 Speaker 5: I didn't go to laws. I want to go to 487 00:29:24,960 --> 00:29:25,400 Speaker 5: law school. 488 00:29:25,600 --> 00:29:26,200 Speaker 7: Where do you go? 489 00:29:26,360 --> 00:29:29,160 Speaker 3: I went to Boston University law School. You have the 490 00:29:29,240 --> 00:29:31,640 Speaker 3: law school down there, don't you have? Wanted you master 491 00:29:31,760 --> 00:29:32,480 Speaker 3: artmuth If I'm not. 492 00:29:32,480 --> 00:29:38,920 Speaker 5: Mistaken, Yeah, yeah, the old yeah merged, yeah, I remember 493 00:29:38,960 --> 00:29:40,040 Speaker 5: the Boston Institutional. 494 00:29:40,200 --> 00:29:42,640 Speaker 3: Well, if you were living up in murraymac count if 495 00:29:42,680 --> 00:29:46,400 Speaker 3: anyone lives up and up in the Northern Tier, I'm 496 00:29:46,440 --> 00:29:48,640 Speaker 3: a huge fan of the Massachusetts School of Law. But 497 00:29:48,720 --> 00:29:49,560 Speaker 3: let's talk about this. 498 00:29:49,600 --> 00:29:53,280 Speaker 8: What do you think should eighteen to qualify? 499 00:29:53,280 --> 00:29:58,719 Speaker 5: Are you with the answer my question? I'm fascinated by 500 00:29:58,760 --> 00:30:07,200 Speaker 5: the Second Amendment. However, when you're sixteen, when googled when 501 00:30:07,240 --> 00:30:12,200 Speaker 5: you were conversation, lest uh, the age of consent in 502 00:30:12,240 --> 00:30:16,040 Speaker 5: Massachusetts sixteen, And I don't know if that wates. 503 00:30:16,480 --> 00:30:20,800 Speaker 3: Well, that's the that's the age of consent. Well, that's 504 00:30:20,840 --> 00:30:22,760 Speaker 3: the age of consent to marry, right. 505 00:30:24,800 --> 00:30:25,040 Speaker 8: He is? 506 00:30:25,320 --> 00:30:28,560 Speaker 5: I mean you can't charge somebody, uh if a sixteen 507 00:30:28,640 --> 00:30:31,760 Speaker 5: year old one wants to have relations with us? 508 00:30:31,800 --> 00:30:34,400 Speaker 3: Yes, it's that statutory rate, right, right. 509 00:30:34,320 --> 00:30:39,080 Speaker 5: Right, right, it's not massachusets correct. 510 00:30:38,960 --> 00:30:42,240 Speaker 3: It's it's a it's a different whole area of questions. 511 00:30:42,240 --> 00:30:45,320 Speaker 3: And the reason that sixteen is if you have some 512 00:30:46,040 --> 00:30:50,880 Speaker 3: you know, seventeen year old guy, uh, you know, high 513 00:30:50,880 --> 00:30:54,240 Speaker 3: school junior or senior who's dating a girl who's sixteen, 514 00:30:55,800 --> 00:30:58,920 Speaker 3: they're not going to ruin some woman's live life because they, 515 00:30:59,440 --> 00:31:02,960 Speaker 3: you know, they have sex that you with the hormones 516 00:31:03,000 --> 00:31:04,000 Speaker 3: are running crazy. 517 00:31:05,240 --> 00:31:08,960 Speaker 5: Can a sixteen year old woman consent to con sexual sense? 518 00:31:09,440 --> 00:31:14,040 Speaker 3: Yes, I believe legally, legally yes, But that's a different and. 519 00:31:14,000 --> 00:31:17,480 Speaker 5: She again, and so there's just just follow my line 520 00:31:17,520 --> 00:31:21,720 Speaker 5: of nonsense. She can or he or she can consent 521 00:31:21,760 --> 00:31:26,120 Speaker 5: to puberty blockers without their parents' permission. They can. 522 00:31:27,560 --> 00:31:30,000 Speaker 3: Yeah, you may get into some of that stuff too, 523 00:31:30,160 --> 00:31:31,760 Speaker 3: but but this is a different What. 524 00:31:31,760 --> 00:31:34,560 Speaker 5: I mean is they but they can't, but there's a 525 00:31:34,600 --> 00:31:37,880 Speaker 5: push not to hold them accountable for their actions. They 526 00:31:37,920 --> 00:31:40,560 Speaker 5: can't drive. I don't think they can drive until they're 527 00:31:40,600 --> 00:31:44,800 Speaker 5: sixteen and a half in mass which is a privilege, 528 00:31:44,880 --> 00:31:47,920 Speaker 5: not it right, But we've already kind of broached the 529 00:31:48,280 --> 00:31:52,960 Speaker 5: subject or the barrier of limiting gun rights. 530 00:31:53,440 --> 00:31:58,000 Speaker 3: Well again, I just I'm only expressing my opinion that 531 00:31:58,080 --> 00:32:01,600 Speaker 3: I think that that they should stay twenty one, particularly 532 00:32:01,640 --> 00:32:04,800 Speaker 3: in the context of the Maddest decision. And I think 533 00:32:04,840 --> 00:32:08,280 Speaker 3: you need to read the Maddest decision and try to 534 00:32:08,560 --> 00:32:10,760 Speaker 3: understand better why I'm trying to explain. I think it's 535 00:32:10,760 --> 00:32:13,720 Speaker 3: in congruent that you can you can extend the right 536 00:32:14,600 --> 00:32:16,760 Speaker 3: to people to carry a gun if you're going to 537 00:32:16,840 --> 00:32:20,440 Speaker 3: categorize them as emerging results, as emerging adults. Tom, I 538 00:32:20,480 --> 00:32:22,440 Speaker 3: love you. Call next time, you know, we'll talk more 539 00:32:22,440 --> 00:32:25,560 Speaker 3: about law schools and what your plans are. Okay, fair enough, 540 00:32:25,600 --> 00:32:27,480 Speaker 3: but I got a bunch of other people. 541 00:32:27,480 --> 00:32:28,640 Speaker 5: I will get it. 542 00:32:28,920 --> 00:32:31,320 Speaker 3: Thank you, Tom, talk to you soon. Let's go next 543 00:32:31,360 --> 00:32:33,640 Speaker 3: to John and Boston. John next on Knight's I gotta 544 00:32:33,640 --> 00:32:35,200 Speaker 3: be quick for me, John, go right ahead. 545 00:32:36,080 --> 00:32:36,360 Speaker 5: Thanks. 546 00:32:36,360 --> 00:32:39,880 Speaker 8: An. Two eighteen year olds are twins. One of them, 547 00:32:39,960 --> 00:32:42,160 Speaker 8: twin number one, is killed by another eighteen year old 548 00:32:42,400 --> 00:32:47,040 Speaker 8: with a knife. Okay, So twin number two goes to 549 00:32:47,120 --> 00:32:51,000 Speaker 8: court and the killer gets as I understand, it's fifteen years. Right, 550 00:32:51,280 --> 00:32:52,600 Speaker 8: whether it's a gun or a knife, he's going to 551 00:32:52,600 --> 00:32:55,240 Speaker 8: get a fifty because he's under twenty one as it applies. 552 00:32:56,160 --> 00:32:59,560 Speaker 3: No, you're gonna no, you can. If you kill somebody 553 00:32:59,600 --> 00:33:02,880 Speaker 3: with a Knight knife, it's conceivable that you could get 554 00:33:03,160 --> 00:33:06,280 Speaker 3: a murder in the first degree, depending upon the circumstances 555 00:33:06,280 --> 00:33:09,080 Speaker 3: of the crime. If it was a fight that that 556 00:33:09,280 --> 00:33:11,280 Speaker 3: grew out of passion, it probably would be a murder 557 00:33:11,360 --> 00:33:11,920 Speaker 3: two case. 558 00:33:13,040 --> 00:33:17,920 Speaker 8: But well, I'm confused, Dan, for fifteen year because you're 559 00:33:17,960 --> 00:33:20,200 Speaker 8: under twenty one. It's the only person that he's going 560 00:33:20,240 --> 00:33:22,760 Speaker 8: to get fifteen years if you kill someone because you're 561 00:33:22,840 --> 00:33:25,000 Speaker 8: under twenty one, whether a gun or. 562 00:33:25,000 --> 00:33:27,920 Speaker 3: A knife, correct, correct, that's. 563 00:33:27,720 --> 00:33:29,640 Speaker 8: A maximum sense. Whether it's a gun, or a knife, 564 00:33:29,680 --> 00:33:30,200 Speaker 8: then right. 565 00:33:30,160 --> 00:33:33,920 Speaker 3: Not the maximum sentence you would get murder two, which 566 00:33:34,000 --> 00:33:38,280 Speaker 3: is life in prison without parole. You have the possibility 567 00:33:38,320 --> 00:33:41,600 Speaker 3: of a parole hearing at fifteen. If you kill someone 568 00:33:41,840 --> 00:33:46,400 Speaker 3: with a knife or a gun, and you have premeditation, deliberation, cruelty, 569 00:33:46,440 --> 00:33:50,400 Speaker 3: et cetera, and you're sentenced to murder one you currently 570 00:33:50,880 --> 00:33:54,000 Speaker 3: before maddis, I should say you could not get the 571 00:33:54,040 --> 00:33:56,040 Speaker 3: possibility of parole. That's the difference. 572 00:33:56,120 --> 00:34:01,040 Speaker 8: Okay, okay, So if the twins surviving brother kills the daughter, 573 00:34:01,480 --> 00:34:03,800 Speaker 8: does he the eligibia because he's under twenty one? Does 574 00:34:03,800 --> 00:34:07,840 Speaker 8: he have the eligibility of parole? Because uh, he's under 575 00:34:07,880 --> 00:34:10,719 Speaker 8: twenty one, that's the question. Yes, it's gonna yes. 576 00:34:10,920 --> 00:34:14,360 Speaker 3: If if he is convicted of murder in the first 577 00:34:14,560 --> 00:34:18,520 Speaker 3: degree currently or before the man's decision life in prison 578 00:34:18,600 --> 00:34:22,399 Speaker 3: without parole it then it Now the court has said 579 00:34:22,880 --> 00:34:26,000 Speaker 3: he is eligible for parole, just as if it was 580 00:34:26,120 --> 00:34:29,120 Speaker 3: murdered too. John, we're getting into weeds here, and I 581 00:34:29,160 --> 00:34:30,680 Speaker 3: got three more. I want to try to get some 582 00:34:30,760 --> 00:34:32,400 Speaker 3: quick decisions, some quick comments. 583 00:34:32,400 --> 00:34:35,840 Speaker 8: Okay, all right, John Dan, thank thank you, thank you, thank. 584 00:34:35,680 --> 00:34:39,200 Speaker 3: You, thank you. Quickly, Gonna move quickly, Louis and Manchester. 585 00:34:39,239 --> 00:34:41,319 Speaker 3: I got three people here. Go ahead, Louis. I want 586 00:34:41,320 --> 00:34:44,200 Speaker 3: to get you in two more in Go ahead, Louis. 587 00:34:44,239 --> 00:34:47,759 Speaker 2: In the perfect world, I was in the military when 588 00:34:47,760 --> 00:34:50,640 Speaker 2: I was seventeen years old. I signed up, I started 589 00:34:50,719 --> 00:34:54,560 Speaker 2: fifteen months old and says they should be allowed eighteen 590 00:34:54,680 --> 00:34:56,040 Speaker 2: nineteen twenties should. 591 00:34:55,800 --> 00:35:00,520 Speaker 3: Be allowed to carry guns. Absolutely, yes, fair enough, Okay, 592 00:35:00,840 --> 00:35:03,200 Speaker 3: that's your decision. Thank you for being SUCSYNCD on it. 593 00:35:03,480 --> 00:35:05,759 Speaker 3: We should called early and we could have a longer conversation, 594 00:35:05,880 --> 00:35:09,120 Speaker 3: but I'm more interested in what other folks think you included. 595 00:35:09,160 --> 00:35:11,919 Speaker 3: Thanks Louis, appreciate your call. Thank you have a great one. 596 00:35:12,239 --> 00:35:14,680 Speaker 3: Next up, Dallas in Ohio. Dallas got to be quick 597 00:35:14,719 --> 00:35:16,040 Speaker 3: for me, pal, go right ahead. 598 00:35:16,760 --> 00:35:17,000 Speaker 8: Yeah. 599 00:35:17,000 --> 00:35:20,640 Speaker 7: Well, in the state of Ohio, until the governor changed 600 00:35:21,160 --> 00:35:26,680 Speaker 7: the law, you had to have CCW training in order 601 00:35:26,760 --> 00:35:30,400 Speaker 7: to carry a WebKit. 602 00:35:30,840 --> 00:35:33,799 Speaker 3: Okay, and what's the earliest age in Ohio. 603 00:35:34,800 --> 00:35:35,720 Speaker 5: I think it might be. 604 00:35:35,800 --> 00:35:38,000 Speaker 7: I think it might be twenty one. I'm not okay. 605 00:35:38,080 --> 00:35:41,439 Speaker 3: Yeah, well again those law that's a different story here. 606 00:35:41,480 --> 00:35:45,440 Speaker 3: I mean this is in Massachusetts. As I said, if 607 00:35:45,480 --> 00:35:49,200 Speaker 3: you listen to the decision, the maddest decision they've just said, hey, 608 00:35:49,239 --> 00:35:51,760 Speaker 3: if you're if you're eighteen nineteen twenty, you're an emerging 609 00:35:51,760 --> 00:35:54,640 Speaker 3: a doubt. We consented you for the most heinous murder 610 00:35:54,640 --> 00:35:56,520 Speaker 3: for life in prison without parole. You've got to get 611 00:35:56,560 --> 00:36:00,480 Speaker 3: a parole hearing fifteen years out and maybe more. And 612 00:36:00,680 --> 00:36:03,359 Speaker 3: now we're gonna give We're gonna give licenses to people 613 00:36:03,440 --> 00:36:06,560 Speaker 3: eighteen nineteen to twenty. You're still an emerging adult. We're 614 00:36:06,560 --> 00:36:08,520 Speaker 3: gonna give you the right to carry guns. 615 00:36:10,200 --> 00:36:12,799 Speaker 7: Right well, you can carry a gun anyway in the 616 00:36:12,800 --> 00:36:16,719 Speaker 7: state of Ohio regardless, you know. But then you have 617 00:36:16,760 --> 00:36:19,440 Speaker 7: a lot of juveniles that are getting hold of guns, 618 00:36:19,440 --> 00:36:23,400 Speaker 7: and they're carrying them, and they're you know, you know, 619 00:36:23,480 --> 00:36:24,439 Speaker 7: doing the wrong thing. 620 00:36:24,480 --> 00:36:27,359 Speaker 3: They can act impulsively. I'm with you. That's why I 621 00:36:27,360 --> 00:36:30,080 Speaker 3: think this would be a bad decision. Dallas has always 622 00:36:30,080 --> 00:36:31,800 Speaker 3: thank you. I wish you called earlier. We got to 623 00:36:31,840 --> 00:36:35,439 Speaker 3: talk longer. Thanks buddy. All right, last call of the hour, 624 00:36:35,560 --> 00:36:38,000 Speaker 3: real quickly, Jack, you're the last call of the hour. 625 00:36:38,120 --> 00:36:41,440 Speaker 3: You got just a few about thirty seconds, go ahead, Jack, Oh, right, 626 00:36:41,440 --> 00:36:41,960 Speaker 3: here we go. 627 00:36:43,000 --> 00:36:45,480 Speaker 8: With the master's decision in mind, it can't the court 628 00:36:45,719 --> 00:36:48,480 Speaker 8: cannot use it as both a sword and a shield. 629 00:36:48,920 --> 00:36:52,760 Speaker 8: So therefore they will continue to uphold the twenty one year. 630 00:36:54,200 --> 00:36:56,760 Speaker 3: Lot they have in place right now, and I believe 631 00:36:56,800 --> 00:36:59,959 Speaker 3: that that's the right decision. Well, you know what, when 632 00:37:00,040 --> 00:37:02,320 Speaker 3: when the decision comes down, you call me back because 633 00:37:02,400 --> 00:37:04,880 Speaker 3: I happen to agree with you, assuming they want to 634 00:37:04,920 --> 00:37:09,600 Speaker 3: be consistent. But this court surprises. This court surprises us 635 00:37:09,640 --> 00:37:10,280 Speaker 3: all the time. 636 00:37:10,480 --> 00:37:13,719 Speaker 5: You know, I think they don't like guns, they don't 637 00:37:13,719 --> 00:37:14,520 Speaker 5: want us haven't guns. 638 00:37:14,520 --> 00:37:16,080 Speaker 4: So he'll keep the restrictions. 639 00:37:16,400 --> 00:37:19,080 Speaker 3: All right, Jack, that's a prediction, and six synctin to 640 00:37:19,120 --> 00:37:22,800 Speaker 3: the point. Great call, Thank you much. Thanks. Jeff Robbins 641 00:37:22,880 --> 00:37:25,480 Speaker 3: is my guest next hour. Jeff is a great guy 642 00:37:25,520 --> 00:37:27,480 Speaker 3: who's been a guest on this program. Before we're going 643 00:37:27,560 --> 00:37:29,960 Speaker 3: to talk about Iran. We're going to talk a couple 644 00:37:30,040 --> 00:37:32,520 Speaker 3: of hours about Iran, and I want to know what 645 00:37:32,600 --> 00:37:35,279 Speaker 3: you're thinking right now. Coming back on Night Side,