Live to Shoot - Defending our 2nd Amendment Rights

2A News

November 05, 2023 Jeff Dowdle Episode 177
Live to Shoot - Defending our 2nd Amendment Rights
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Show Notes Transcript

Welcome to the Live2Cheap podcast. My name is Jeff Dowdle and I've been a licensed firearm dealer for the last 16 years. In this podcast, we talk about all things related to Second Amendment, anything else going on in the news or something from my personal life, a sports story or anything else I might find interesting. So welcome, welcome, welcome. Well, I can tell you this. It has been a crazy last couple of weeks with the culminating in the Texas Rangers, my Texas Rangers winning the World Series. Amazing. Since 2011 and the heartbreak we had there, I didn't know if we'd ever have this day again. If you watched any of the games, they were on the edge of your seat. Great games. I'm biased because I'm a ranger and they won but I took the boys. We went out to a couple of playoff games. We didn't make the World Series. We went to a game against Baltimore where they clinched and went on to play The American American League Championships against the Astros. Then we went to a game against the Astros and we got beat really badly. And it was really depressing and didn't know how things were going to end up. And, but here I sit, went to the parade with my family last, yesterday. Numbers vary, but I think about a half a million people were out there. Exciting times here in the DFW area for all this ranger, long struggling ranger fans. So that has been kept keeping me up late at night watching these games, getting a little sleep, but well worth it, well worth it over the time period. So well, welcome, welcome. I just thought I'd take the time today, just pull up a couple articles that I found this week that. Yeah, interesting thoughts, share what they had, and these articles will also be in my newsletter that goes out every Monday. The newsletter goes out every Monday. This podcast may not come out all the time, but I'm pretty good at getting the newsletter. It's just, usually it's a short video of something that's interesting, and three or four or five articles maybe that I've I curated over the week. that to share to people. So you don't have to always be out there digging through and you try and get some news out to everybody else. But the link to subscribe to the newsletter is in the show notes. So just do that if you don't get it. But anyway, so first off the Supreme Court is going to begin another session and there is a second amendment case. on the docket for the Supreme Court. It is the United States v. Rahimi and what he is challenging is a, is whether it's constitutional or not to ban the possession of guns by individuals who have been subject to a domestic violence restraining order. So even if you go and you buy a 4473, one of the questions are, are you currently under domestic violence restraining order? So the history on this case is that Zachary, Zachy Ramey, who was involved in five shootings on December 20th and January 21st, including one incident in which he was involved in a car accident and he shot at the driver of the other car and another car in which he fired into the air after his credit card was declined as a fast food restaurant guy. Seems like he had a few issues, but anyway police identified Ramey as a suspect and obtained a warrant. They found a rifle and a pistol because Ramey had been subject of a Protective order, after the alleged assault of his girlfriend, which specifically barred him from having a gun. He was indicted on charges that he had violated 18 U. S. C. section 922 G. 8, which bars anyone who is subject to the domestic violence restraining order for possessing a gun. He asked the court to dismiss the indictment, arguing the law violates the Second Amendment. Both the federal court and a panel of uh, five judges from the fifth circuit upheld the law, rejecting Ramey's challenge. Which I remember that when that came out, that was a little surprising, the circuit, but, after that, after the Bruin decision, the panel issued a new opinion vacating the conviction and deeming the statute unconstitutional. The Biden administration maintains the law is constitutional even because it can't provide an exact historical match. So we're going to be reviewing this case seeing if If you're under, you know, previously under a restraining order or domestic violence, does that violate your second amendment and barring you from possessing the gun? So I know that justice Coney Barrett has in the past ruled that she thought that removing people's right because they're a felon was not constitutional. Be interested and see where she lands on this one. But that is really what this whole story is about, whether or not if you are a felon, if that constitutionally prohibits you from losing that right. You know, felons don't lose other rights typically. They don't have, they still have all the other rights of the, of the Bill of Rights. So curious to see where this lands. Again, it'd be one of those cases where it kind of shows that Second Amendment is treated a little differently. Another story that I would be surprised that we don't see coming up in the Supreme Court sometime in the upcoming years is about an HOA. That is, trying to ban guns, and this is from the Sun Sentinel, and says our homeowners association consider banning guns everywhere in the community, including the residents homes. Many of the residents are upset about this. While others are in favor, is the association even able to enact this rule? And then a response from an attorney says, This type of question attorneys will disagree about, in my opinion, enacting this rule would overstep the board's authority and not be enforceable without getting into the politics of firearm ownership. The law is well settled that people can't keep firearms, that people can keep firearms in their homes. So anyway if you... Ever been a membership of a HOA? They can be very, very powerful. I think they over abuse, they abuse their powers. And they can even prevent somebody from becoming an FFL if they so chose. So they are a little government in their self and they can They can overstep your rights and your constitutional rights as well. And I would not be surprised if this is not a step that other HOAs, especially in the rural parts of the world, start taking to try and ban people from gun ownership. That you can't have them in your house. You can't have them within the HOA. And that will, I can definitely see a case like that. Coming back in front of the Supreme Court at some point in time. And then the final little story I want to break you up to, update on y'all, is We haven't talked about this in a while, but that old dreaded Pistol Brace Rule. And some more good news came up this week. Where the judge, in the case of the Gun Owners of America case, It's the state of Texas versus ATF, which was brought by the Gun Owners of America. They had filed their case against the ATF, and the judge Time had put in a temporary injunction from enforcing this rule for members of gun owners of America. And so if you're a member of gun owners of America, you were not subject to the rule and you couldn't have your brace taken. You couldn't be arrested, blah, blah, blah, all those types of things. Well, it expired and now the judge has come back and he has set forth and extended that injunction that for the the case until the case is completely settled. That is a good sign because typically what they mean is, Hey, we want to hold it when the judge issues something. I want to hold the status quo. That means he has a tough time believing that they, they're going to be able to the government's going to be able to show that they're, win their case and that he does not want to disrupt everything and then have to reverse everything. So it's I'm getting used to the stopgap, but he, he believes that the, that they the plaintiffs are going to succeed. And he has even, the judge has even cited that in Mock v. Garland, where the 5th Circuit Court of Appeals found that the ATF violated the Administrative Procedures Act by pulling a bait and switch with the proposed rule and the final rule. So, Those are just some of the, the signals that he's giving. But again, it's really good news that he's gone ahead and extended this and that we may end up getting that rule thrown out and we can all have those little things of plastic attached to our guns and not be felons. I appreciate you all listening. Those are just some news stories I thought I'd give to you. You can check out these stories. Those should be in my newsletter. They'll go out on Monday. Appreciate everybody listening. Subscribe to it. You know, share my podcast, do all those things and have a great week and continue to fight for our second amendment.

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