Come & Talk It, 8/5: Can I Shoot The Neighbor's Dog?

Come And Talk It
Sunday, August 5th
Come And Talk It, for August 5. Edwin Walker of U.S. Law Shield returns to talk about legal issues surrounding firearms. PLUS – aren’t there laws on the books similar to Red Flag Laws? And is the NRA going bankrupt?
01:08:38

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

It's time for comment socket with your host Michael kargil. Brought to you by Texas law shields. Over the last decade Michael has championed and supported the rights of law abiding Texans to own and use firearms he is the owner of central Texas gun works a veteran of the united states army and has achieved national exposure and such prestigious media outlets such as Forbes magazine Fox Business news CNN money. AOL BBC world news Huffington Post and the New York Times. Cargill vigorously defends lawful gun ownership in this country without regard to party politics and now here's Michael Cargill. I. Latin. World lit rate of court at the ammunition. I look at they worked on a talk with and when they're you the principal Turkey protect the US law CO. At temple our question. Like you know what I want it might saw. And that neighbor dot com. And attack Myanmar don't get action neighbor's dog also. We get logon to books and literature read let the law so we're gonna as it went about that you were a red flag laws. And also how what happened in Lorca. Red flag laws it go until. It comes up with Rick lack blah. No doubt about that and so breaking news is great NRA. And up. Reports that in our aimed at I'll keep working at court in the heart that he. What happened in New York State is back in the NRA the National Rifle Association. We'd find out what's going on with that it will generate one big. So what are red flag laws can actually my dog. Those are questions we're gonna ads and walk with taxes and US law shield or would we give credit to win. You know we have a lot of land each year a lot in or non on planes being able to lurched. Come talk radio show take it to the next level. Like. This sport with what central Texas got a works you know what in September we can and we're gonna go out. We should go all the way out we're gonna say it. If you order a fire incident and that we don't get bet on you to mark the senate chamber in three of five days were gonna keep bedecked. Yeah so we're gonna take it and go all out with. A lot of deal that coming up in September. We're you know by your editors about you report it and it's despite your warts are not as Alfred got month September. That we're gonna talk about that little more in some other things we all types of things that are born on its way. We're selling centuries for air it cooled and so that what you can maturity or it's and yet they're. And we all mobile app in and shall much more. Absolutely we're gonna discuss and breakdown where you sort of get what works on talk radio show. But these red flag law. And so can you reflect while what is going on with this we have different states. Stay around the country. That actually. Are acting where it lag laws. And I thought that we as some laws already on the books. A little bit. You know that you have an extension orders that. Are saying you know having problems with the sale remember you know we tapping on the books right now. That you can get a restraining order I know are back in my gun store I have people that you have probable and remembered. So. They actually brought all their good sport have a hold onto those firearms. Until the ink and it worked out and get them back and think that we know right now. Don't know that there are so we have law and being on the books right now to people. With issues that they're having you know whether it's trading order OT you don't know something we're gonna break out with Edwin Walker exit US launch. Also we are happy anniversary July 29. 2019 would be you know. There to ever see a mark which unity. Two years ago to lightly like on the sixteenth report guys. Actually get it to break it's a lot here at home while their sleep. And so my incidents they are back to normal amount to one rates. Eight anniversary you know came in wet. And they're doing wonderful things in the great state of Georgia peach state. So and that's also thanked the text and US law shall issue a law shall what the attorney the law firm. That actually sit at my parents ink you in the back to some apple normalcy in them that. Actor firearm. Again you know. At. That event legal assistance. So that way they can actually give back to little normalcy there. So grateful to text into a lawsuit that. That's why that's at walker the commercial data talk to us about some of these. Ready keeping it actually happening in its huge kink that the late in you know attacks as (%expletive) this week where. Walking his dog and is not in in the book were attacked by another target he had sheet and a lot of people are upset about it. You know he had the right in the mall and other other things that we can do to stop another well. You know capital street for the done. There's a law. In this what we should they checked our two types of things. Well we should do and there's a law. We're gonna talk about the law the state of Texas says it's because remember Rick Perry. Are former governor. Attacked with is terrible yet or lock its farm uses to stop an animal that attacked him. About that when talk about more. Police are using firearms in order. We're gonna talk about that on this new red flag look at floating it back. Police need more power the short. And write that down also this next hour nap. His sudden and doubts. And I get my gun news but I applaud you become a healthy six. The right choice for breaking news first talk thirteen seventy broke right choice. Okay. Welcome back to come inside it. Talk about it being can I shoot the neighbor's dog also I thought. We have laws on the books similar to the red flag laws also. Is the NRA going bankrupt. No doubt about that and more in with Edward Walker he's a principal tourney with text and US law she'll book before we get to it wouldn't still. So I'm not done yet. You know. And I can I shoot the neighbor's dog but just think one around where people are walking their dog their out of bounds. Doing their things. Like on Saturdays Sundays and evening early in the morning a dog runs out. And they feel threatened. Well you know what. You don't gonna let Edwin explained he will post the state of Texas says what the laws on the books are but here's what I wanna tell. And the things that we tell people in class when you're taking me license to carry handgun course you need to use your head. Because that could be fifteen seconds twenty seconds 32 that would change your life for ever. So use your head there's what the law says in his what you should do you. A dog runs up and attaching. A look at the dog using wagging his tail he's just corn for the you know he's running happy you're down. He's just excited because you guys across easier arguing his yard. So you definitely use your head and you know take a second in you know in just wait. Try to separate him. New use some you know some force before you go straight to the N force there are things you can do what about hearings of pepper spray. About a stun gun what do backed Hastert a stunned and you know he's he's a stun gun. It makes a loud and always. And that Donald would associate that noise we view I can't he added never come near your dog ever again. So there are some things that you don't we can do as far as. You know you can be able to sleep that night. And that is what the losses but you know what I'm gonna leave it up to and walker to talk to you about what the laws are. You know what does the Texas State losses in ice sheet that don't. You know what's that dog runs apiece packing my dog he's attacking me can Rasheed. And Wilkes of one god and walker he's the prince we'll turn of the text in US won't shield because there's a difference between what the state of Texas says with the law says. And then what you. Probably should do the others morals and things of that nature you know but it. You know we kind of break their stuff down in their classes we tried to. Recent conflict resolution in two that we teach indeed life secure he had done courses we try to calm the situations down. We tried to get you to a point. Where you don't have to fight that far and also you know we also try to get you to help attorney out as well. So let me bring into the conversation in the walker he's a principal attorney with Texas and US law shall it would welcome topped comic talk answer. Omar Carrie you told her to be outstanding sir I'd so you know AM when. About about walking in my neighborhood in a walking my dog. Can I sheet that dog best attacking me in my doubt. Well you know that is bad that's the situation sanctions people won't almost daily basis. I would have to say that yeah you know that's as. What tech's Paul Schulze principal program turned grim as well returns with. Auction in case you don't well. All block attacks where the shot the ball and he just brandished the the government to dog. Because we've got those incidents as well. Boats were probably the already. You know those those those are very close to you know being a quarter a quarter or third circuit also would receive. It happened with alarming frequency. And certainly we don't want anybody get mauled by a tall order bikes all in all by at all. England we don't want. You know we don't want we don't like to treat a lot of indiscriminately shooting talks are injured dog football talk what was everybody loves talks. On doctor and sitting here with two dogs who turtles are barking disturb or compensation. So world dog people blocked talks. And the state of taxes so has created very. Unique. And somewhat ambiguous situation whoever comes to using deadly force secure stocks. In fact at which you use that you're at your neighborhood walk all that doctrine to attract your wrote. Well the law actually achieve any better in a better position used in the foursome match situation. But it at all were actually come up and attack you or accurate child as we are that they. And then the coast pecs and the Texas health and safety code terribly specific. Provision that explicitly. Says. That a person little while to kill a dog or coyote. That they catch in the process of attacking. Their domestic horrible their livestock. Or their foul. And so. You know it doesn't eight China hold it doesn't slight themselves with the Italian origin within eight. It will limits it. To domestic and global livestock or trial. Some the only remembered potential strike authorization. Governor Perry used to dispatch kind of words that he claimed was attacking. His dog or overwrought. So. And that any remorse to Texas court of criminal appeals has explicitly tell that there's also relationship with. Can be used as a irons to a criminal matter where somebody's stroller with cruelty to animals. And who. I am absolutely they have that that individual does which are cool to animals and they were able to short right. I thought that this dog was attacked and my daughter are taught to start or stop. Jack I doubt they're going to give that the storms a little less the prosecutor has some evidence to the contrary. That there was no dog attack. That person is going to win I got to you know anybody can be convicted. The cruelty to animals if they say I shouted out who's attacking Marco. Now what's interesting. Is that the only apply to the cruelty to animal charge this is a lot of trying to step. And would only apply to the cruelty to a global challenge as illustrated by that court criminal principles. That means. That it has yet been established in law that it can be used forward as a as a deterrent to other charges. That would Iran thanks for your use of firearm. To spike the ball. In the that's something we're sure to dog that was attacking your thoughts and look at the police and prosecutors were Smart enough to battle. Well we. Really prosecute that the clothes don't like people who use guns institution talks even if it is attacked. Work and the church is gone right now cruelty to animals. Ordered a charging worth. How old he was cruel to the animal. We're gonna charge you would discharge firearms in that wreck. To search firm and the city of a couple of thousand people virtual merger would deadly conduct compared charged with disorderly conduct. The court won't deal apparently not established yet. That there is that does this authorization to kill boat and kind of you're talking mirror and a large stock to the rescue Borger trial. The defense. One of those charges. And in fact. A lot of times that's what we need because the cruelty to animals section interest in who knew about. It doesn't contain explicit provision that allows you to that that offer you defense if you injure or kill available. That is in the process of attack he you. That's again only for the cruelty animal charge. Okay so John let me repeat it is let me ask it is their right so let's say I'm out exercising I'm running by myself I don't have my other dogs with me. And some other dog a you run Jack to me in on in fear of losing my life. That change anything at all. Will it does it actually makes it more difficult for it turns out what. You want to let you know it what are your allowed RO two shot. Really so not evil and so I'm all by myself on ran around town lake in Austin, Texas. And you know someone's dog gets loose they ran after me to attack mean you're saying it's a little more difficult I don't have my dog with me. That's correct is little more difficult and the reason this is because tax and does not have a generalized. Self defense statute against animal attacks. You know by this is something position that chick for many many many years. Because. Most people use firearms to to turn themselves into animals and and obviously nobody wants to get into an album out that's a vicious dog. Nobody wants to get it into your column about coyote. Nobody wants to you know take on a radio a rattlesnake or a Spartan or. Excellent little water moccasins. Nobody was countered dangers available. With general you don't want for the final and and so people buying what you use they are. If you're stroke to par on. You're basically. You know you basically indenture. Apartment I've been charged with about a half a dozen different types of all the armed orchard trees and that there is no general so that. You pretty much have to establish what was called the distance of the sensitive. You know what I thought I'd fired that gun the gun. Following this guy that was necessary I had the breaks laws as actually are out. Because it presented a greater harm and greater harm while at the beach ball by the bulk order as we've been bitten by a watermark. Or was BP you know eaten by a coyote. So you have to actually establish certain would have to win them. Acquittal for the jury that would be sitting there weighing the reasonableness. You firing at duke discharging a firearm. Vs you know the harm that you claim you trying to prevent. I shall we come back from the break a mass get the walker then what if you know what can I use a short guy he's a knife. We're talking about can I shoot the neighbor's dog I thought. That you know on the hook the the thought that the we had laws on the books right now. Against red flag laws we'll talk about that more we come back from the brink this is Michael Cargill and Hugh. Are listening to come and talk. This could be very limited Jonathan take your listings you've come talk it's. Thirteen definitely. Listen to talk thirteen seventy anytime anywhere you all know pretty old dot com how. Check your phone's App Store or visit told third. You seventy dot com slash after. Welcome back to come and talk game. And now here's Michael's car again. We're talking with Edward Walker. He's the principal attorney for Texas and US law shields and we're taught when I went about you know what can I shoot the neighbor's dog. I'm also I thought we had laws on the books similar to the red flag laws and is Ari going broke. You know so we're gonna find out about that what's going what is happy with the NRA eases. Or is this just take the show so they need to do about this case in court. I'd see you. It just this is just another tactic. To keep moving forward in the things that we need to do to defend the Second Amendment. I sort talk and walker an Edwin you know so weak who are on break there. You know we have at at a couple questions that came in online no one is does law enforcement and courts communicate on domestic bounds issues. That's a whole another question there is totally different from the topic that we have but so when asked does law enforcement in quartz communicate on domestic violence issues. Yeah. Well that is intact whenever somebody gets a protective order home. What are the requirements of the statute is to have a top U protective order be sure to be the law enforcement agency. That has jurisdiction over the address where the whether whether. What applicant. And generally the same after this what the culture and religions well so law enforcement is aware of the truck to protect violation or protective order is a criminal. That were a lot of people get confused and terminology. Assuring Warner should socially or were shrewd move generally disparate people would look at the legal right to do protective orders actually result. But act to trim violence is designed to prevent future accident and violence in the police can actually it's an actual. Criminal since at least around somebody. For violating a protective order. A while okay and I the police are put on notice by the court that issues the protective order. Well and then Stephanie aren't so man that's they've taken him when that that's why I guess we ask you those hard questions you know text and use law she'll. Definitely help us out there so let me ask this and went right so with the I'm out walking my dog while I'm walking myself. You know when you go to his wartime because someone had a hard time understanding this. So I'm I'm I'm I'm running and exercising them out by myself in my neighborhood and ran around town lake run around the lake and exercising. And the dog attacks being. You said that changes things just a little bit. How does that change things when nine instead of me having my dog with me now I'm by myself I don't have my my four legged friend. Or in the recent warm because the existence that this Texans and safety code 822 point 01 Corey. Between 2.0 128. Gives her as a person and explicit statutory. Authorization. To kill a dog or coyote that is attacking their domestic normal their livestock or their travel. America not you not your Q and your family. I was you know an elderly person it is absolutely killed our lounge around the park gets sacked by dog. But that does not exist. And so that's what statutes. And so in the event that the police come up and say why should does our. These theater is Texas children's safety Carroll told not to do it because he was attacking my dog. Where'd you say I hope because he was attacking me now you've basically after rely on the defense so discussing earlier the troops in the sort of all right so let me established. He didn't want. Was referring here to publish the active children dog. If you're active using a gun to kill the dog. It was absolutely necessary to appropriately greater harm that are being beaten bitten by the dark. All right so now I'm out and about myself. And I have my 8 bully knife I am I switch blade I have my shall award. I'm out right around town lake with my sword just a little weight to Mirant. And a dog attacks me in my better abusing my sword and I am using my gut. You know Obama as well. We hear is it makes you actually are better off using your sword or here you'll organize to depict yourself with Saddam. The cousin Matt respect to beat all the possible crime and that they could charge you wouldn't would be cruelty to animals. And that occasion would be able to take advantage of the specifics of the current provision. Of the cruelty to animals actually. And so you would be better off yes as as we salute to make thing. You know mono mono. With the ball which are organized and fighting at all. You're actually. Technically the better spot because we've they're perhaps a dozen different crimes and appreciate your they can charge you that. And you would have a much harder time. Arguing. That you know arguing that you were doing it himself to them. Right so. You know so that it is something that we get in Indy can't get license course that people ask these hard questions. You know wall in Alice tell people you know that gun should be your last option because once she is that guy and that kind of changes things you're you're better off season force. And you've been argues in May be daily for Jesus something else but when you said that he handgun. That actually changed things he's a firearm. That actually changes things it will that will be ten seconds fifteen seconds or 22 that would change a life. Forever. You know Mike paying usage ignition source close you know is he or she would all your listeners are where we can't help carry out swords and you're probably irons. Without you know breaking the law which is. You're about to let individual accurate clocks oh. All the club you know the club lobbied real and insecure after auctions the six foot so inspection. And make it legal for people to carry clubs because. This I think would actually be more effective you know earlier working on our church Richard and that people were attacked by talks maybe killing the dog is the last resort tried using. You know try try using pepper spray or try yields somehow that Britain though for the most effective way is to. Used to stick it back my father he walks around labor you have to change. Well her and McCain McCain and securing the lung institute sister walking. However while my dad he had in his own ingenious why he is he male golf ball to the about it. Learn. You learn is that why did you village golf ball to him or all of us with more active in cheap that dark away. Yes but because you have altered the Chinese. You have targeted to a club. Let's that you just open yourself up to be charged with a crime Allstate does the leader are all accurate that because you have altered. Something that was security but is now club. You're doing yet you know you know the corporate purpose would much rather. You'll get a but you know. His dog through to tune getting wallflower you rather than shooting. But you know in the week here. You know in the real world that is Texas penal code. You know 75 year old may have walked around with king wrote off all water. Is he has you know is seen as a bigger threat to attack dog the. It's a little let me ask you this then narrates so you see in McCain is not considered a club then. You know is a bad considered a club. Well you know a Kindle is considered club is more to charity. But if you Alter it or use it in a manner that is not its intended use are equal all design and adaptable club so that's where designer debt deacons. Yes correct designer adapted and that's what my dad did as he adapted it to be a couple of by putting our failure golf ball to the. Right so I was a what about the bad so now I'm I decide you elect. I've had a Adam summed species dogs in my neighborhood you know my. My neighbors let the dogs out Beatles Beatles secure their backyard dogs it's gate so you know I'm gonna walk around my neighbor with a bat. Can I do debt and defend myself. You know it's interesting because about it about it. As long as EU objectively are using it also. And so if you want to walk around those that hopeful Kevin. Active during thanks so hopefully you're not wept at the duct tape or driven the nail through it. Or you know godlike. They give them the walking. All are around him down it. So we have not adapt to do that we're clearly a man especially is practically up at are no longer are we fat. But if you are just if you're if you're like me if you're drifting toward your largest water in the neighborhood with a bat. Simply stop you they'll pay me in light and that. As of yet I was up is I'm used to protect myself. This group toward the slot in well I think so but I. And I would I'm just you'll wander doubt we'll be able to search YouTube all's. Hopefully I have a bag of goals Eric Schmidt quickly electrically that are. Otherwise I have literally those supporting circumstance that children shouldn't be in the securing an at bat. Well then they can in fact to Jordan with carrier club well. Celeb that you can actually get charged with care and a club which is a class a misdemeanor that's up to like what one year in jail. Yeah a one year jail up to foretold while applying that to your probation accomplished all of that. They had is pure likes hearing holder. He likes it strictly for sure over the years old so that's the weird thing about it is the state of Texas says if you have a license securing. It is better for society for you to carry your looking guy in the particularly. But rather a bat an analyst. You know sure looked like that. I would tomahawk we won't let me ask is it when you know that's pretty harsh you mean to tell me that. If I have a license to carry in I get convicted of you know class or class B misdemeanor. I can lose my license for seven years but if I don't have a license. And I begin gay convicted of a classy B misdemeanor that these are kid did a new license for five years why I also much higher standard. And I lose it for seven years as a license holder. Well at the taxable legislature there of of one server to rule this. And your interest in is that I don't always beat us with. This kind of little nuance a couple of righted. The legislature. And sometimes they have a very hard time writing things that are very clear. And so instead of song. Instead of writing out very clearly something hate if you keep your license revoked. It was seven years if you never have a license. You wanna be eligible for one elusive for Richard are quick to move closer this is all all the clear what exceptions. Is that you have to clear that he disability for years. Before you're allowed to apply for early. If you license revoked you have but what does it. Disability which would be a conviction of costlier beat mr. leader. Because you have the likes of forgot about. You have to be William episode for twelve years over your reply. Which the EPA at some point figured out. That it was seven years. I shall not it would it would walker he's a principal trying to win Texas and US law she'll. He Sanjay can I shoot my neighbor's dog I thought we had laws on the books similar to red flag laws and is in Bahrain going broke this is Michael Cargill and few are listening to come and talk. So this is Gerald darting hand a precinct three county commissioner here and travels. As you're listening to comment on its. Listen to your favorite shows keep up with the latest breaking news and more anytime at sock thirteen seventy dot com sock thirteen seventy the right choice. Okay that Clemens saw game. And now here's my little card game. I would talk what Edwin Walker EC principal attorney for Texas and US law shield we're talking about you know. Can you shoot that neighbor red dog that's attacking you you know there's a law and then there's what you know. You might wanna dig down deep inside and say you know and maybe I want to use something else. I'm may be better tease something else. He'd be better. I T communicate you know because once you do that you pull that trigger. That's gonna change a lot of things that's gonna change the atmosphere in the neighborhood. That's gonna change the way the neighbors look at you so maybe that's not the best thing idea because that could be ten seconds fifteen seconds or 22 that would change your life forever. And so deafening ask yourself you know in my really about to lose my life is his dog really trying to kill me. Distraught dog just protect their territory. Maybe you're you know you're on that they're side of the sidewalk you know and New York maybe yelling a big strong stop no. Get back. They did a dog will pause or stop what you're doing. There's some animals you know you can actually speak would allow strong firm voice to make them stop children a year at apple dot. I don't let Michael at any dog. Claimed to be alpha dog over me on the big dog on the street. So no lasting I wanna do issued another am I have three beautiful girl's four legged girls at home my three female put pit bulls. And it will break my heart is beating my neighbors every shot my doc. That's the very last thing I would want you to give you my dogs at my dog to get out of the yard all the time. And they're definitely the type dogs that run across a street did mark get somebody else's dog that's passing by. If they get loose they. So you know I'm I'm just asking to use some type of common sense and make sure this is your last resort. You know a lot of things the eve tried everything else. And so we went on the break it was telling you know so he was give us some good information there and I kind of want him finish a little bit. Because he had a lot of get. A lot of Florida thought in and you guys asking questions you know maybe civilians need to get certified utilizing the times and asked. You know and and Donald you asked that question in really there's no need as a civilian. You know you can. You get actually you can have those things at home to and from your home your vehicle side you've equaled the supremes and control the place of business or warcraft which is a boat. We're trapped Chile camp trailer truck ever born home Porsche to living quarters it this year is that activity. Those places that you can have those things anyway you can have the time in those places. So good but in the locker with text and you missile shield mean that you finish your thought. Yeah or might also want to bring out one thing that people may not have considered. Is that. You know we don't know what we should note that the dogs can be pretty expensive. You know I urge everybody to go down to the rescue dog because they're the most lovable. They have you don't need to 101000 dollar for all of the socket all of 3000 dollar for I don't know a lot of character that I helped the ticket so. In that it would also put that are extremely expensive. And so keep in mind that if you actually in Europe. You are also open yourself up to the potential civil liabilities which they have. For the price the bulk and also litre engine broke open partially they take the dollar of that. Spend 101000 dollars giving this don't worked on by the bat. You're potentially liable for those damages as well it turns out. That shouldn't you know which you were justified. In that you know he had it injured at all and also keep in mind since. So the total against adult is not. Action Pollard a text in a code chapter in Arlington. You know you're there's smoke there's no automatic liability language. You have to rely on traditional defenses a lot of the weeks. Such forms the that the older it was more picturesque. Church of the vote injuries that you are. Or that you were about the exact cause of those injuries. The defense and civil liability so it is it's actually much more typical takes to defend civilly. That if you would have shot somebody you won't charge you would be that was attacked it. And it is one thing that people always forget your class I get a hyped up. I like did you know talk about different scenarios are show my video owners just like yeah you all do this and how do that and then I'll ask our ask them. He had an attorney. Because she do know that when you pulled a gun out and use it you're probably going to gilded jail. Gonna go to jail he can be fingerprint that book's been Nigel have the billions of out of jail in we you pull that trigger. Do you have an attorney. DF text and US law shield. You know so. There and also I'm gonna give your listeners are electric vehicle does Kate currently this we are handled the case out of all this this. Person who were defending is latex emotional member Serbia's claim that nobody. Yeah it's over by has been shipments for some gumption. And what happened to him was he was going to the per store there was great dog. I don't think that. Actual older installed as an ever been identified I think is almost straight up straight. But the ball was lose was the 67 round ball clearly thought they could do serious injuries are human being. He got out of this truck he was walking towards store. The dog came up a tactic he tried to back away from the dog the dog could Putin to approach him. He pulled out his gardening destruction what time are striking the dog the dog ran off. He was immediately shut upon by bystanders and accusing him of unjustifiably shooting the ball the police were called the police called they arrests that together. Forward disorderly conduct discharge is going public likes wood she used. What do the collapse beat mr. leader but. He he was perhaps at ideas he bonded out a week later the county district attorney's office. Up the charge for the class B misdemeanor disorderly conduct discharge and parliament Polk place to order decreased Sullivan Lou deadly conduct. Because they claimed that he built in these are. The built the first story was walking into would have been in the trajectory of the bullet if you hadn't hit the ball awhile. Oh yeah so. So won't this is something we get hit continue to battle as to how this can that happen probably you'd be so missed. And it's simply because of these ambiguities. Of whether or not allowed to your firearm that you yourself against the. In a situation like that he probably admit our views and disorder or not hyperbole knack for something like that. You know he pulled a gun out as deficits on the change things a little bit. Yeah because they didn't charging with the injury to the dog so the fact that the that the fact that he hit the dog was around the fact adult. I believe the dog may eventually die markets and there's been Erica I don't. So there's no you know owner all the gunshot mark port thought this was. Yeah as far as we don't know if this straight don't we can do so strange sixth round ball. The state protections. There are prosecuting him what he did that all the prosecuting because he used a gun to do. Then. Aren't so. You know VS had questions about four of Edwin. Is not a fact give us a call is 512643. Lives that's 5126435483. That's 51 team. 643. 5483. So nothing call and ask you know every walker would ease a principal tourney with text the US law shield are so it was nice change gears just a little bit. And so let me ask you this these red flag laws you know old the state of the Lorna. Which was. I'm actually shock right now actually passed the red flag laws the state of Florida was the state that compete with other states like Georgia Alabama. On who can do just yelled be the quickest and fastest things would pro gun laws they just a completely each other. And now all state of Florida has taken a step back. That she you know actually imposing gun control laws how is the red flag law that's affecting. This state of Florida. Well I believe in the news recently came out that they had take it cultural. Oh wait for almost 500 people. Under this new sort of like law. One thing about it is what the problem. The common push back against a red flag laws. Is that there's not without due process contained in the contained in the law. And so. What essentially it is is that somebody has complained about it individual behavior they have gone to a judge. They may or may not have presented no real evidence to the judge the judge issues an ex parte order which works at least that it'll take guns away. Now of course the problem is is that what are your lie low or other person. Especially. There isn't going incident to make things to lie to get revenge. Nevertheless there are proper due process protection to make sure that nobody write a mutually it's. All we are hearing. You're gonna have this type of situation all the reasons fla. Drown themselves in this situation. Is that. Is the tolls unfortunately in this day time. You know social media day 24 hour news cycle. Any time a tragedy is that like the park would shanty terrible happens. That you would cry. IE is always. There should be a wall there should be a law. And since of course on what happened the Florida beat there should be a law. Resonated. With the war legislature and the ever think strongly and probably one week. Put together several gun control managers and trying to. But its interest in to the anti gun folks. Which would I don't know they are the etiquette folks we're still. Aren't happy with the state of Florida legislature because they didn't. Quote and quote assault weapons but I am so that they now. Excellent passing in the gun laws such as though was not about strictly anti gun folks who still clung full legislature didn't do enough. Now taxes. You know we unfortunately hello old really terrible pollution or strategy. In bad day at ten play high school. Well the difference wouldn't order taxes. Is that Texans does not have a legislature that deep. Every year they have a legislature that feature like two years and there was no legislative session in the where somebody could have the media onto the Texas legislature passed this law. Instead we had to torch governor rabbit. That said hey we would like Tex legislature to begin looking at as a possibility to see what can be done stroked the school's security. Right to hold on there and what we've Kodak we come back from the break we're gonna get into that little more. Because. We we have a couple questions you know Donald says he had asked Edwin if they're has been issues would veteran issues. You know how is that going to affect Florida I'm housing and affect taxes. We come back we'll talk about that more this is Michael Cargill and you are listing to come and talk. People will warn you lose you can. Michael Carter. Welcome back to Nantucket and now here's Michael Cargill. Guys we're talking quickly and walkers he's principled try. It would texting you as large shield and we talk to him about the raid the flag laws. And Sheen checked wolves at Texas. Called red flag laws. If we should not do we already have laws on the books right now it wouldn't. That we can use in police of come up with the new law. And should we give police new powers. Because we're finding out in Florida. That giving yelled police he empowers people are losing their rights. And it's been beat just. Area and let Paris you love laws on the books right now why we need more laws. So it when you were finishing up your thoughts on your ears you're transitioning over to Texas. Yes well I just briefly with heart of the question just before we. Went to break. Federal law does prohibited person has been adjudicated. As a mental defective. From purchasing guns and violence. And into this is pretty much where the law should be. You know you turn there's a shooting you know shooting. The debate a week comes then you know at what point. Do we prevent people were mentally unstable. From possessing firearms. And the point that the federal government strongly is that you have to be adjudicated as a little protective. And the reason that fact you know some weeks in a harsh. Well not all crazy people have been adjudicated mentally attractive well that is probably true. However. We can't take away somebody's rights and does it looked far right just went up on the word of somebody that's what things worked likes to the federal government in my controls the proper line. It which they say what you have been adjudicated which means we have to provide it. Due process through the court system. And you have been adjudicated you've either been too you know committed by court order a little hope so or. You have been adjudicated that happens as some sort of solution to assess each caller. Or you've been found not guilty crumbled since because you were because you were legally. Guilty by reason of the trailer. There's been actually court finding that you are brutal fact that you shouldn't Harkin of Iowa are he's been blessed that Matt. You're simply go on the order of somebody who's tiny I think that's right or you that you shouldn't have a lot. Which you know that seems like the perfect recipe for a a lot of situations whether the you know train which situation are paper work co worker or you know it's easy to go out there falsely accuse people. These. Well being crazy. So now what taxes and diamond which pet food in my opinion but won't say objections. Already exist in such a mortar. That it would allow a person who is an immediate threat of themselves because. A bid was meant. To be taken by the police and this isn't there are about sex so they wrote our. Chapter concept story. Chapter five wouldn't worry is that on the books since ninety more so is not a big ball without it was something that is that there's just being you know it's it's parameters are being explored. This would surprising to me. Especially like the fact that vote to Texas pals our committee and the Texans have settled their committee of actually hearing or whether or not. Texas should explore the possibility of giving you a quote unquote red flag law that called me in my opinion this law already. That's all the questions. Opulent. And I think the key here and it's all Indians certainly are just make that the here. Texas sure. And where they seem to get off track yet. It all spite of the fact that there is some immediacy. To and somebody being a danger to them to himself or others. That's what the governor's charge was the governor short said. You know we have to explore whether somebody is immediate immediate danger to themselves or others. Bought a lot of listeners that a lot of people in coastal fights seem to be going off sports. This is part of a belief that there wouldn't need to be some process. That would attempt to predict somebody's future behavior. Based upon what they've done in the past. And to me that's where really dedicated to the dangerous minority report card stop. Won't play like you said Craig thing in the past few days actually here and so we liked it all about to protect our way it goes. Even we have to me crying yet. We thank you might. Well Texans they're marching already your system where. People who are immediate apparent danger to themselves or others. Don't have committed a crime. It would keep in mind the Texas penal code and got a whole bunch of crying civics that people you know usually from while also for the acceptance. But you couldn't police are not able to presently a western individually we were true or restrict where or harassment. Or assault. You know or interference with a public duty you know leaving the other laws. We're please stop circuit make an arrest of a ritual they say. I believe that this person was so little disturbed that he was immediate threat and taking advantage atrocity were not a war. Pursuant Texans will think through chapter are simply. Take a little hop forward will be evaluated by doctors. And where those doctors will make a report to the court that the court will decide if it fairly expeditious fashion. Whether or not he is in fact you know the ability individually treat as such as you know he portion. Is in fact. Under a little disturbance which orange. Being targeted to a mental facility which would of course invoke the total probation. Against them purchasing into into our arms. Because you know we already do this I do this and consider takes gonna work you know I had someone come to meet several people come to me this one particular case. Where this person came to me and say hey. There's been a court order that mine other half. Cannot be around firearms and the firearms have to be removed from the house. So move. To prevent you know losing them or the police taken in that inhabit our tent in the back we're gonna bring them into the gun store. And have you you know chicken in the got a story leave them dear until this person is able to get them back. You know and so an and this was before actually before the judge actually ordered it silly when it's at is you'll take steps. Of amongst themselves to remove the guns from the house first so that waving go back and say hey this is what we've done. You know to take those steps to make sure that this person. Can't get it you know access to firearms. Yeah it might also you might want to remind folks. That may not think that this is. You know what that's not about potential series event you know you do as they licensed dealer that took so likes to work. Before you give a gun back to somebody that it's their time. They still have to clear and other background check. Absolutely. So let's he'd like other than gun sniffing you know that data comes in TV gun store. One stained yeah they wanna get begged and back where they when they walk into the guys are racing Haig he's so this gun from me and we can't sell it for some reason. And they want it back already sold is someone else they wanna coming negated backs they can you know pass on to that person. They still have to fill out the 44 Seve three get a background check before they get their own firearm back. Yeah we actually have seen this happen and we actually see this people get themselves into a fine. Whatever they pawned. We've we've actually had to talk to several folks are explaining to do. Oh hole you know they should upon their home because they will have to pass background but they act. Very indignant at. About the other Apollo. Our charge saying that key electoral vacuum without parents back her actions. And realize you ask they'll probably yeah we'll keep you can't exclude. A background check. It's it's great as what people that come in for him a totally different state and have a he and again like becoming from California something and summary like say they move unity moved here from California. And they won TU. Cellar again and newer or something like that and any change your mind and not gonna move here they gonna move back to California. Well he never got to Texas driver's license so they don't take that idea easily gathered back. Yeah and this so my advice to folks out there if you know if he. If you may believe your little sketchy or have a little shape it's in your background. All the work is what probably mark the right thing to do. Get back. Yet because the gun stores actually there you know they're controlled and regulated by the federal government so we're following federal laws. And it's it's it's hard you know sometimes explain to people that come in when treated Denny and buy something else they found out he can't. By began they want because he can't pass a background check disabled can I get my old gun back that I treat him. No no you can't pass a background checks he can't get told them back nor can you by the new guns. Yes so anything that goes to media. It's fantastic that people knew more about flawed from the get more honest about the law. Because of course this goes to the whole room of the fact that the immediate bogey obviously. That they are somehow this gun show loophole out there. That itchy bite galleries take positions are in anywhere else other than those guns stored that you don't have pass background check. It's important is who you're getting the gun draw if you can gun from a like the US. Who is the only person allowed by law accelerate as. Eight business enterprise or as a way of like profit. Did you do have to pass background check regardless of where the transaction takes well. Absolutely. So we're guards when that gun store regardless of where our right. AM when I when I sell a gun to someone I. I have to do a background check that person gotta fill the 44 Seve three got to answer those questions we got to type it in their quality and city. Beat nix system the got to tell us to proceed delayed or denied. Opera scene out eagle begun delayed you have to wait three business days lets you colleague back sooner or deny if you're denied you cannot get their firearm. We're talking would Edwin Walker he's a prince we'll turn with texting US law she'll we talked about red flag laws were talking about as in Ari go on bank rob what's happening with that. We're talking about can I shoot. My neighbor's dog this is Michael Cargill. And you are listening to come and talk. Save the day the bureau often quite. Combing through all this. Hard deal. Listen to saucer G-7 meet anywhere with your Amazon and do just that except what are. Now playing took thirteen sending the rights. And welcome back 600 socket and now here's Michael Cargill. And I know. Me I support. Talk with Kevin Walker he's the principal attorney for texting US law shields and it was talking to us about the red flag laws. And how imposing a red flag law would affect. The state of Texas. And keep in mind as goes Texas will go the rest of the country. So of Texas Texas stepped back. In our governor signs into law a red flag long. Then that is the beginning. Of your gun control. Taken place in Texas the lone star state and so but what I like that happened this month. Is the fact that Cody Wilson. With defense distributed. He won his case. And we still wait and see what's gonna happen with this temporary order that of Cody being able to re lease. The yield of files so that way we can that get axis which are already out there by the way the files of the here. The area out there once you release those files they go out there and in the world wild wind. They're out here on several web sites had been sheared Biden a millions and millions of times. And there's no way to get those back. So the files of the year. Gun control. In that since world not in I'm curious who would end it was thoughts are on the of this case and was happy with defensive strode. Well you know it really is. It's fantastic to observe that this is happening in Israel it's fantastic to observe how the media and all got control advocates and blues the and the legislature's. Outlook sent towards the senators and congressmen. Lost their collective moral. Of this past week. Whatever it whatever they realized what was happening. Because of course procedural education extremely interest because it was code will. It is probably the troops should do that some of the federal government for violating their pushed him in the rights bite claim that they were violation of our Itar. By putting him on the body. And so. You know of course State Department in which action could it doesn't alternate after that all the FBI. State Department. The State Department agreed yeah we can Burton we're using the law took effect free flow of information. That does violate First Amendment. Therefore we are going to get into a settlement where we agree that the distribution of these blue prince does not constitute a violation of our. And of course that yeah expensive as Donald Trump's gives up on gunfire Donald Trump allows them. We have to go into the Internet and yet they tried they tried the orient bottle troll which as. Acting at all did all of these Williams or are going on line. And it just all just little. The level ridiculous. That we saw and hopefully people are Smart enough to realize. That they are they're really. There's an attempt by you to approach to this cheap tickets to cheat or one of the more humorous of these ghettos equal parts humor and I were to vote tomorrow expecting on this. Sugar Blumenthal. Whatever he pulled out to be two to do to the posters. Up to our platform rifles. That he outlined. That because all of these settlement in the district should be case. Those two plainly visible. Eight dollars and those pictures. We're now so now on detective. The bulk of those guns. We're going to be able to vote out every body is too late he worked order church or school. Yeah now portraits ridiculous. But you know the media big what they are. No body called you about chronic nobody external. It's sad at this site follows a press conference where the Pritzker as questions. You have got to be kidding me power to you couldn that the two guns without you believe. Are undetectable. At will be allowed in theaters schools and courts. Asia's richest mind boggling but at what people should realize the most important thing to remember about that Accenture the gates situation is. Liberal on its about the First Amendment is not about the Second Amendment Second Amendment papacy the object on a bit. But it's the First Amendment that is being infringed by the previous interpretation of Itar. It is not all not just about firearms or other things that you can three print. And so if you if you say hey. You know we're gonna stop you from doing this particular item that nets that means that the federal government has argued that doing everything. That is correct. The second thing is sad plastic domes are not detectable. Everybody you know just to code is just look at it from a that's components are pretty it would treaty talks trigger. Does not make it got a detectable. Another thing to remember is that people have been allowed to make their old guy. In where else for their own personal use. Every show the production of firearms began. And we get me up so I don't America parliament lowers right now which are plastic lore receivers and a European team that have been around for a very long time. And bills and never be any issues whatsoever and the entire gun itself you're right it went the entire gun is not. All polymer. Yes and so. In the last point to a Bloomberg. Is that. Please allow big these blueprints are firearms. To be too sure didn't on the Internet and to be downloaded to three printers. So that people can print out parts of Oregon. That you still have to have the technical sophistication. To put together in a war contraction. That it does not circumscribe. Order. It does it does not change. Or give away all but certain chart even current state or federal gun law in whatever state internal or law existed on July 31 are the strange worlds that are enforced and can be forced to day. This disability to chase vehicles through who took download blueprint has not changed to a wall or the ability to get a it over the legality of getting it got to make sure got it one iota. Let me ask you this and when so how does a lot from so how does this restraining order effect. Someone else from release and those documents. Well it applies only if I sure don't slice with the troops strip so yeah anybody else kicked out because the voting against the State Department are sure that. We don't believe that putting appropriate on the Internet as a violation of my. So I sold Rachel me as a regular citizen or private olde Jill. You know I was able to you find them online already so I can go and create my website go to released into the world right now wishers you know. And there's nothing that they can do about policies do it to British angler. Correct because the State Department aren't sure that we don't think it finally try to our religion interpretation that doesn't violate our church so. This is really this job really ought to have a ten tournament. Now how to ask this and how does that affect other gun dealers sought. An effort filled dealer candy do the same thing would they be subjected to the Itar. Our world and that's what else are subjected to the Itar and there are definite I actions would regard to the production and shipping. Actual physical firearms. About the planes themselves playing from soldiers were the largest mobile that's first commitment. And just of people now what Laura will we see I tar we talked about the international traffic in arms regulations will we're talking about. And what we're seeing is the image international traffic in arms regulations. Controlled the export it import of defense related articles and services. On the United States munitions list. Yet it doesn't affect these particular blueprint. Blueprints to can be downloaded to create a prayer such a strike or the senate so so this job like that mr. Putin's. Of course he was going to read our league is Clinton appointee. He's in the ninth circuit in the district judge and to the circuit. And so. He beat you BP can be as political as he watched a state patrol boat upping its former judge what it's like. However his ruling has no patience of law and actually I believe that is really probably. Violates the separation of course yeah big goals what has happened is is the judge. Executive branch you're interpreting the law. You're choosing not to enforce the law. Because you misinterpret it embankment to judge is attempting this year order executive. To enforce the law executive doesn't believe they can report. It's a backpack that. That's hilarious. So. So we'll see we'll see how it happens but I I think that. The other series you're scheduled for up to ten took thirteen or. Sometime in the next week or so there and so I think the judge if the judge does not wind up reversing himself. I believe he will quickly be reversed by. By a Bible or higher or able to buy circuit. And so people don't get confused is the one is the international traffic in arms regulations. Itar in the other is Export Administration regulations. So there's big you know two different agencies Beers and nobody can v.s we talk about the Itar. And you know gun stores actually happen follow the Itar. In his at. Meaning that if I want to as a gun dealer who has eaten manufacturer license. If I want to major fracture firearm actually had. Have to pay a tax. You to that Itar. You know it's like I substantial. Very high techs because our main fracture of firearm as a dealer. And so I have the peace and and once I start that I can't stop it so once I start manufacturing. There's no stopping until I'm done with the business altogether so it a year I have to pay a substantial amount of tax because a main faction of far. Yup and that also applied to gun slipping so you're doing significant amount of guns that thing where you. There's a very detailed definition. If you're allowed to explore all. But if you start to manufacture even parks and gardens London based rally barrels. You mean you're gonna have to pay what I Turbotax. In that means an end so how does that affect the regular citizen ever listens and does that. According to incident do it because they're rather likes speed of the ball like they. But I keep in mind even in the regular should should remain fracture they have to manufacture you know for their own use. Mean. So when he comes at three preening and the president tweet. Earlier this week and he said that you know how does this ego. Not about 83. Correct if you were to. You know if you want to actionable. And so it remodeled goal and Jody your role whereas should be all about your own gun. If you Shelley to do the stream of commerce. You'll basically be. Of unlicensed made fracture far. Didn't they you know what thank you Ed went with Texas and US law shelled a principal attorney is always more guns equals less crime. Blood by yourself. Militia become a talking with Michael cargo.
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