Constitutional attorney takes on Biden's gun control proposals

show tunes today joe biden issued new executive orders or royal proclamations as we say in my cultural tradition uh as a matter of fact it was one of the complaints of you rebel colonials against poor old george iii that laws were getting vaporized by the royal prerogative yet ever since january the 20th in neo-monarchical washington we've had legislation by photo op whoever's waggling that moth eaten old sock puppet maneuvers joe into position they slide the executive order under his nose he signs and it's now the law of the land he's doing it at a brisk clip and today he turned to the big one for many americans quote unquote gun control they're phony arguments suggesting that these are second amendment rights at stake from what we're talking about but no amendment no amendment to the constitution is absolute i've no idea what that really means an amendment is part of the constitution and the constitution is certainly constitutionally absolute at least until they can rustle up a judge to rule that the constitution is unconstitutional which judicial decision should be coming any day now probably from the ninth circuit in practical terms the measures include restrictions on pistol stabilizing braces which joe biden claims allow handguns to be used as high accuracy low recoil rifles and yet with the easy concealability of a pistol a new rule closing yet another supposed loophole on so-called ghost guns you can assemble yourself ghost guns is one of those new scary terms they've come up with a national red flag law allowing family members or law enforcement to go to court for a suspension of an individual's second amendment rights and a gun control advocate as head of the atf boy i cannot wait to see the impact these moves have on child shootings in chicago every weekend behind these executive actions biden hinted at a rather devious legal theory today we're taking steps to confront not just the gun crisis but what is actually a public health crisis nothing nothing i'm about to recommend in any way impinges on the second amendment in no way whatsoever an odd verbal tick he's got there the more he insists nothing he's doing impinges on the second amendment the more ammo sales go through the roof but executive orders on guns in the name of public health may be a runner in the last year we've seen massive restrictions on freedom of movement freedom of religion freedom of association freedom to work freedom to leave your home freedom to have your relatives round for thanksgiving freedom of speech as we'll discuss later all in the name of public health last summer our public health officials excused the looting of american cities on the grounds that white privilege is a public health crisis given the woeful quality of our judges it's not hard to imagine some nitwit jurist signing on to the idea that public health trumps the right to bear arms top shot champion and gun rights activist chris cheng is here uh chris what do you make of what joe biden proposed today yeah what the president proposed he's basically talking out of both ends where he's saying that these executive orders will not infringe on our second amendment rights then he goes on to list a whole number of infringements on our second amendment rights and so what is concerning and frightening is that all of these gun control measures are not going to do anything to improve public safety they're not going to do anything to reduce mass shootings and really we're still going to be uh we're still going to have a a huge problem on our hands uh with with violence in our country and so i'm very um uh disappointed but not surprised to see president biden to come out today in support of uh some pretty strong gun control measures this this ghost guns thing is just the later every so often these guys come up with a scary term uh and they want to abolish ghost guns and ghost guns sound sounds pretty scary uh but it's basically just uh hobbyists i mean i've got a neighbor of mine who likes to work and he's actually a bleeding heart liberal but he like actually likes to to work on guns uh taking them apart putting them back together as his hobby uh that does absolutely nothing for the uh disgraceful uh epidemic of crime in democrat-run cities does it it absolutely does not and you know the america has a long tradition of citizens being able to make firearms at home at the end of the day firearms are simply a mixture of metal and plastic parts and so yeah the term ghost gun is a completely made-up political term that is uh supposed to make us scared right that that americans are are somehow doing something new when in fact this isn't anything new um you know it's it's it's something also that we you can't really control what people make in their own homes and so the idea of the government trying to restrict something that that one can make in their own home it's it's sort of one of these laws if they even pass a law like how are you even going to enforce it but isn't that the problem with the red flag thing too that essentially i mean everybody knows uh for example when you you take a complaint to a court and a policeman comes around and confiscates your guns there's a lot of kind of crude revenge in this uh domestic uh people in divorce court uh one files are complained against the other the cop knocks on the door the guns attack red flag laws just make though uh the a national red flag law would just make that even looser uh even more prone to just crude revenge wouldn't it yeah the problem with red flag laws is right now it's it is this patchwork of different state regulations and you know ultimately who is supposed to be the trusted arbiter of whether an individual is uh you know of sound mind to retain their second amendment rights and so the proposals that the the president's administration is going to come forth with i'm pretty sure is going to fall short of the due process requirements that that gun rights advocates such as myself want to see to ensure that we're making we're striking some sort of balance between uh our second amendment rights and uh and mental health advocacy and meanwhile all the bad guys will still be putting bullets into three-year-old kids in chicago caught in the crossfire because they happen to be crossing the wrong intersection a terrible situation thank you for that chris as i said joe's signing pen which is presumably remote controlled by susan rice the world economic forum in davos george soros the chinese polit bureau earned stavro glofeld and specter take your pick joe's signing pen is now a one-man legislative branch but today's orders are nevertheless an expansion of its power uh gail trotter is a constitutional lawyer and gail what's interesting to me well not actually interesting to me about this is rather scary uh but this is um the extension of x of executive order explicitly at one of the rights adam rated in the bill of rights so a call right uh is it uh constitutionally uh a bit iffy to you i'm so glad you brought this up mark and i'm so glad you're covering this topic because the supreme court held that the second amendment guarantees an individual right to possess firearms for self-defense and like you said unlike some of the rights that the supreme court has guaranteed individual rights some would say have invented this one is in the literal text of our constitution of our bill of rights the right to keep and bear arms and there are only two other times in the bill of rights where the people are guaranteed an individual right that's in the first amendment the right to assemble and petition the government and in the fourth amendment to be secure against unreasonable searches and seizures and you said at the beginning of the show our history with england and understanding that we are people under the rule of law and all the things in our bill of rights like the fact that the government cannot control our speech the fact that the government cannot tell us which religion to profess this is what undergirds all of those rights and without the second amendment you really have a situation where you switch the balance of power from the government from the people to the government and unfortunately we all want to have a safer society but the these executive orders by the biden administration are just basically gun grabbing attempts where they're going to take away gun rights from the sane and the law abiding and you're not going to have any effect on the criminals who are behind the violence their their thinking though i take it is this that if you were to say uh we're done with the second amendment it's over and we're going to move to get rid of it everyone goes nuts but they figure don't they that they can nibble away at it bit by bit by bit and eventually with enough executive orders they'll only be like you know 47 to the second amendment left that's right you might remember the very important supreme court decision heller that was the case that really supported this understanding of the second amendment that it has an individual right to possess firearms that are typically held for law abiding purposes and you might remember the dissenting judge in that case wrote an opinion saying oh what's the problem for people in d.c because they're on a mere subway ride away they can go to a jurisdiction where they can exercise their second amendment rights and fortunately the majority opinion in that case understood that it doesn't work to get on a subway and coax a criminal to go with you to exercise your right to self-defense in maryland instead of dc so we have to make sure that we citizens insist on exercising our rights because the supreme court only takes up a few cases every year they don't take up a lot of second amendment cases so this action should be opposed and you should let the department of justice and the white house know that you understand what they're doing exactly what you said mark they're trying to chip chip away at our fundamental second amendment rights and i certainly agree with what you said about having to maintain them in every jurisdiction uh it's not enough for it to be in the neighboring state uh as you were saying there uh great to see you gail and uh this is eventually i think gonna i know john roberts is shy about taking a lot of these controversial topics but i think it will eventually wind up before the high court thank you gail

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Keywords: 2a, 2nd amendment, Gayle Trotter, Gayle Trotter constitution, aft, atf, fox news Gayle Trotter, fox news aft, fox news biden guns, fox news gun control, gun control, gun control proposals, joe biden gun control, joe biden second amendment, mark steyn, mark steyn biden, second amendment, gun laws, gun rights, fnc, fox news, fox news channel, fox news media, fox news network, fox news prime time, fox news primetime, fox news primetime today, primetime, primetime fox news

Id: 3vE450_BG8I

Length: 11min 49sec (709 seconds)

Published: Fri Apr 09 2021