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The origin of gun control laws in the United States
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was to keep guns out of the hands of black people.
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Instead of conflict and aggression, here's governance built on grace.
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Welcome to Grace Arcade with Jim Babka. You're about to
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hear a Second Amendment case unlike any other. In fact,
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Jim's gonna reveal the three things that hardly anyone understands,
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plus two theories that you've never heard before. The second
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one relates to the title of this episode. That is,
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the Second Amendment covers another object, not just firearms. You'll
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want to stay to the end to find out what
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that is. So, Jim, what do you have for us?
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Yeah, we'll get to it there at the end.
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And I this is something I've wanted to talk about
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for a long time and I just finally got around
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to making an episode about it.
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Yeah. So another evergreen episode for those of you who
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are keeping track.
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Yes, yeah, this is one you can come back to
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again and again.
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It will not be bound by time, we hope. But
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first I want to in order for us to get
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to that destination, I think we got to lay out
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some building blocks.
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Yes, absolutely, and there are several of them. You guys
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have become accustomed to this now. So here the first
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one is what is a right?
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What is a right?
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So we talk about rights. Our government grants us rights,
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or the creator granted us rights, or I have my
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rights or the Bill of rights. We talk about rights.
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What are rights? So this is what I would call
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novel theory number one. This is one of the two
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things that you will not hear anywhere else. And at
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some point we'll go much deeper into this subject as well,
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but for today, keeping it simple. Rights are natural, and
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the reason they are natural is that they are attached
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to empathy. They are things that we recognize that we
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want and that we recognize the people we care about want.
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And because we think about ourselves and those other people
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that we care about, we realize that in kind of
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the grand social bargain of things, we want those things,
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and other people are going to have to give us
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those things, and so we all make an agreement that
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that's how it's going to be. A lot of people
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spend time making distinctions between what our negative rights and
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positive rights, and that's because there's a state coercing us,
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and we're trying to figure out what the government should
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be able to do, and we want to limit those
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to the so called negative ones, the things that you
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shouldn't do to other people. But every right that you have,
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including let's say a right to healthcare, can come through
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something like your employer. It is because we have these
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empathies and agreements with one another that we have rights.
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So rights just simply describe what is supposed to come
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to us in the role that we're in and in
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the role of citizen. That includes life, liberty and the
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pursuit of happiness, because we all want those things.
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So life liberty, a suit of happiness. I say those
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are natural rights.
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Those are natural rights, but they're natural because they're inside
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our chemistry. So interestingly enough, in empathy, we have things
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like neurons in our brain. It's sure him to get
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to understand or relate directly to how other people are
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responding to something. If you're like me and you've gone
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and watched the UFC on TV, or you've gone to
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a bar to do it, I've done it several times
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at a bar over the years. We watched the pay
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per view groin strikes in the fight. They always pause
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the fight and they fill the time by replaying the
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strike and every.
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Man in the bar goes right.
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They all clench up right, and that is what's called
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a parasympathetic response. And you have that because of your
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mirror neurons. And it's not just because of mere neurons.
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We also have a chemical, a hormone that runs through
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our bodies that until the nineteen nineties, this is how
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recent this was. It's called oxytocin, not oxycotton, but oxytocin.
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We thought that the main reason for its existence had
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something to do with connecting mother and child in breastfeeding,
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but it turns out that it's the empathy molecule. It's
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the molecule usually testosterone goes down a bit when we
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have it. It's the moment you kind of open up
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to another human being. And it is because of these
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natural events that are part of our chemistry and part
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of our social relationship that we begin to see the
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value of other people, not just us being treated a
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certain way, and we spell those things out as rights.
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The natural ones, I know I'm hitting this again are happiness, harmony,
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and prosperity.
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No, well, yes they are.
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But the classic version of this in the Declaration of
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Independence is life, liberty, and the pursuit of happiness.
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I'm glad that we made that distinction because they there
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was a point where they said property. No, we don't
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want that. We want the pursuit of happiness. Yes, to
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be the last thing in there.
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Yep.
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And I tried to slide one by you there by
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saying prosperity, but you caught it. Okay, okay, next point,
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self defense is social justice. That's a tough one, man.
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I mean, I'm with you on it. However, however, what.
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Uh, let's start here. Social justice means that you believe
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other people are being harmed or not getting what they're
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supposed to get right, something is being done that is
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pushing them down.
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Yeah, okay.
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Now violence is occurring, and you show up and you
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say I'm gonna take your gun, or I'm gonna take
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your club, or I'm going to take the walls that
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you have, the locks that you have to keep you
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protected and insulated from harm.
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That's me the third party coming in and saying, no, you,
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Jim and this other guy, I'm gonna I'm gonna do this.
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I'm gonna pose this thing on you.
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Yeah, the most fundamental right that you could possibly imagine.
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We talked about life, right, Well, inherent in that right
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to life is self defense. I have the right to
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protect my own person.
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Yes, you certainly do. I agree.
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Yeah.
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So this is kind of the ultimate social justice point.
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If you're gonna say to me, I'm a social justice
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warrior and I care about this happening to the poor
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and this happening to this. If you're going to speak
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up for those things, great, okay, fine, But if you're
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going to say, well, we're going to disarm a population,
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who are you disarming? Who are you harming? And who
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are the people maybe who might need self defense the most,
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who lives in the highest crime areas, for example. So
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I am arguing that self very simple is a very
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simple point. Self defense is social.
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Justice, okay, and I'm done with that, whether you're using
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a you know, AK forty seven or a club or
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just trying to reason with somebody and saying, look, you know,
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this isn't right the situation. So all of those three
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examples are social justice at a self defense level.
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Yeah, And self defense is the most basic.
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Of the most fundamental. We're going to call it a right, Jim. Yes,
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you have a right to self defense. Right to self defense,
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a non enumerated right or are I know I'm splitting
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hairs here, but you know it's important.
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No, it is a right to life, a right to
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life or right to life.
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There we go, arms defined. I'm looking forward to this one.
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This is going.
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This is an essential point to understand where we end up.
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The other novel thing I'm going to introduce today has
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to do with arms. So the Second Amendment protects the
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right to keep and bear arms. We'll get to keep
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him bear in a moment, but for now, what is
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an arm?
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Do you know what an arm is? Bill?
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Well, we will use the last example. It could be
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a gun. Okay, it could be a club, it could
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be it could be your fists. Okay, you know those
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are just sort of attached to you. You're gonna keep
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them one way or the other. Well, there you go.
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What do you have two of attached to you right now? Exactly? Ears? Eyes, arms, hands, arms, legs.
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Right, here's my arm yep right, I've got an arm.
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It's not the longest arm in the world, but I
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can extend the length of it, and I could extend
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my ability to hit with tools. I can pick up
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a club and that gives me even more reach and
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power and a guy of my height. For those of
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you that can't tell, I'm short, I'm just under five
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to six. So you know, a club might come in
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more handy for me in a given situation, or a
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gun might come in more handy for a particular situation.
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So the arms you're talking about are tools that you
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use to inflict harm.
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Let me say it this way, because harm is not
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part of the necessary definition right right self defense and
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security is. So this is what I want to say.
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This is my definition ready, tools that I can hold.
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Another word for holding is bare tools that I can
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hold that help protect my life. Liberty and property.
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Or pursuit of happiness. Well, we're jumping around there, because
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property and pursuit of happiness are We're enumerated the way
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that they are on purpose.
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Okay, I'm gonna they are, and the government shouldn't interfere
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with those things. So pursuit of it seems like this
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is important to you, So let me tell you this
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on it. Property is something that you can defend. Your
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pursuit of happiness is something the government isn't supposed to
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infringe upon. So the reason that it says pursuit of
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happiness in there is that there are a number of
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different things that you can do that are with your
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consistent with your values and your goals that the government
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should not make laws or regulations to interfere with your
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free ability to pursue those things. So we talk about
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pursuit of happiness and context of the government, because happiness matters,
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and your ability to go out and create and innovate
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and build and own and pursue personal goals, those things
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should not be impeded. So that's the pursuit of happiness part.
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We will reflexively jump back to property here in this
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conversation a lot, because that's the subset of things that
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you can defend potentially with violence to preserve your keeping
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of it or your ownership or its condition. Okay, And
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so in that case, we're not really talking about pursuit
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of happiness because we're not talking about a situation where
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somebody cuts you off in track and that suddenly justifies, Hey,
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you know, you made me late or you made me angry,
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and now I can go do something bad to you. Clearly,
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your pursuit of happiness was just interfered with, but you
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wouldn't be justified in doing something violent in response to that. So,
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for now, tools that I can hold and that would
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be bear that help protect my life, liberty and property.
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Okay, I can get behind that. And okay, I hear
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you out there people who have a different idea of property.
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That's fine. But I'm comfortable with your definition. Sovereignty big
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word important, meaning, Yeah.
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I believe in self government. I'm responsible for myself. Sovereignty
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is over something, so I rule myself, I rule my body.
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Okay.
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But the debate that we have in politics has to
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do with who is the ultimate sovereign, who makes the
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final decision, And the concept of the state suggests that
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there are a number of things that other people and
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participate in ruling over me and they become sovereign. But Bill,
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with the Second Amendment, it's abundantly clear that sovereignty is
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with the human, the person. It says that the right
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to bear arms. Here are the keywords are going to
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be very confusing to people. Shall not be infringed, shall
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not be in frenched. So shall is a word of insistence. Yes,
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it's like will okay, and infringed. I want you to
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imagine a circle. Okay, And if you're just listening, in
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your car or wherever. Right now, I want you to
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imagine a circle, and it's like a bubble. And something
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hits the edge of that bubble, that's infringement. So I'm
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not talking about coming to live inside of something or
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popping the bubble or taking it completely away. I'm saying
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that even touching the boundary of it is wrong.
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So it is.
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Explicit and clear that the sovereignty over who has arms,
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who can keep and bear them, belongs to the individual
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keep and bear. So keep means I can own, I
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can possess. I can have it in my home, I
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can have it in a vehicle. I could have it
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in my hand. I can so I could store it.
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It is mine to keep and own. And bear means
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I can have it in my arm, in your hand,
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I can use it. It can be an extension or
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a tool, Okay, an extension or a tool of me.
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So they're very being very very explicit and clear here.
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The militia can't bear arms. It's a group of people, right,
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the individuals inside that militia bear arms, And it says
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shall not be in fringe, meaning that belongs, So that
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keeping and that bearing belongs to persons.
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They are sovereign in this decision, not the state.
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Not the state, just because I'm curious. So are there
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any other things like this where the individual is sovereign? Oh?
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Yeah.
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The Bill of Rights is a great document because it
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spells out that every time we make these rights, they
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belong to you.
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So go back one amendment to the first Amendment, and.
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It says very simply, Congress shall make no law, which
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also seems to confuse even the justices in the Supreme
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Court who went to law school. Okay, they can't seem
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to be able to read that part because but one
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of the things in there is your right to peaceably
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assemble or your right to worship. Right, these things belong
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to you as an individual, your sovereign as to how
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they will be used and exercise. Others are not sovereign
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over you as to how they'll be exercised. This is
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explicit and clear.
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I think we should just stop. But Congress should make
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no law and leave it at that. I mean, I
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haven't for a long time anyway. Right, that could have.
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Been the whole Bill Rights. Congress shall make no law
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law that I love it.
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Right, this is about that abstraction again. We've got to
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start talking about the state.
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Yeah, so the state cannot. There's two points I want
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to make about the state real quick. They cannot guarantee security.
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I want you to hear two things I want to
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say about this real quick. When seconds matter, police are
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minutes away, so they can't be there all the time
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for you. That's why you would have an arm, a
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tool that was available to you at the ready. You'd
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be able to keep it so that you could bear it. Okay,
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And then there is absolutely no right to security or
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a response by the authorities if they don't show up.
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You can't sue them for taking too long. You can't
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sue them for failing to show up. Yeah, the Supreme
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Court's already ruled on this. There is no duty or
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responsibility for them to respond, let alone in a timely fashion.
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So the chances that you are on your own in
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a situation and might need to reach for a tool,
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and we called it a tool that I can hold
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that helps protect my life, liberty, and property. That's what
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an arm is. To have that tool available to you
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is to provide for your own security because the state
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cannot guarantee it. And the second thing I want to
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say is the state can absolutely be hostile to your security.
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It can do things to harm you, and it does.
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And so we have tales of police abuse and overreach
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and excessive force. We have tales of war and the
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things that happen in the context of war. And we've
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all seen just this year what the what ice, a
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completely unconstitutional agency has done to human beings, including American citizens.
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So they've shot three of them, now, oh more than that,
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more than that in cars?
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Yes, yes, so the.
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State can be hostile to security, and it doesn't have
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to guarantee you security. Okay, but let's return to this
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question of sovereignty. Let's talk a bit more about this.
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Because there's an article, and this is one of the
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points that you said at the top would be little
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known or rarely understood. This would be the first one
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of those points. I want to go to an article,
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spend a few minutes on this and talk to you
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about an article written by a guy named Gary North,
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who is now to see and there are people who
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do not like him, so just my raising of his
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name will cause some.
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People's hair to stand up.
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I don't believe that when I eat my chicken, I
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don't eat every bit of the chicken. Okay, I eat
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the meat off the bones, and I leave the bones
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and some of the organs on the plate. Right, there's
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only certain parts of the chicken I eat. Okay, you
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don't have to like everything that Gary North ever said,
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you can pick it off. And one of the things
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that he did he wrote to me a mount rushmore
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quality article on the Second Amendment.
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Yeah, it's good. People will take the time. It's worth it.
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It's called in Defense of the Second Amendment. It's five
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pages long and small print.
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That I printed out here.
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But I want to hit just some of the highlights
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that he has here because he is talking about how
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the Second Amendment came to be, why we have it,
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and what it means now, including a really, really super
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important point about practicality. So his argument starts off that
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in the feudal era, knights were the only ones allowed
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to have weapons, and the ruling class above them, peasants serfs,
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did not have weapons. They weren't allowed to have them.
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They also were exempt from serving in war though.
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Well, there the dwars were fought by the people who
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bore weapons, they weren't fought by the peasants.
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Correct, But there's an imbalance that's going on there. Some
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one class has weapons in the other, does it. He
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goes through all of this history in some detail, and
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it's really rather interesting. It's not germane to what we
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need to do here today, except to say that gunpowder,
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the arrival of gunpowder and rifles kind of corresponds to
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the end of an era where peasants are disarmed, where
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powers common people no longer cannot have weapons, and there
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were militaries. He tells this whole story about how as
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guns started arriving on the scene, conscription also showed up,
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and armies started including common people, and they learned how
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to use those weapons, and you couldn't put the cat
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back in the in the bag. Right after that happened,
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this actually then went right along with the right to vote,
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because the levelers show up again in the sixteen forties
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and they say, well, wait a minute, you're putting these
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people out there with guns to fight for the liberty
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the people. You can't take that away from them. They
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have now earned the right to participate in the governing
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and they should be allowed to vote. And so in
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the evolution of these things, I want you to understand
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feudalism goes down, gunpowder shows up. I'm not saying that
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one caused the other, but I am suggesting to you
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that one is on the decline and the other is
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on the upside. And that's probably not completely an accident.
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But as gunpowder and rifles become as arms become a thing,
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and regular people gain access to them, they begin to
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demand the right to vote.
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And so that goes along with it.
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Now, Gary North fast forwards past this point into the
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American Revolution. Do you know how many major battles George
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Washington won, leving you a hint.
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Like two two for those who aren't watching.
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Trenton in seventeen seventy six, by surprise in Yorktown in
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seventeen eighty one, by the French Navy.
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Well, he got credit for things. I don't know if
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he actually saw this won them he got credit.
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For, yes, But the majority of the American Revolution, the
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reason that we won is that other people and other
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locations were using guerrilla warfare, and there had been a
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deal in warfare previous to the fact that a group
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of colonists had guns that you didn't shoot officers. But
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we didn't honor that deal. The American colonists did not
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honor that deal. In fact, they would see the officers
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and they would cause confusion in the ranks by shooting
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one of them up.
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On a horse.
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They were big targets that didn't stay that way very long.
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But there was another area of the wharf of the
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guerrilla warfare that was highly impacted by this fact, and
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that was they couldn't go from the city out into
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the country and raid for supplies because they would get
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shot along the way either coming are going.
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That is, the British couldn't, could not right, they were
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basically depending on ships to bring them.
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That's exactly it. You got it, one hundred percent. They
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had to have supplies shipped in. So now they're sitting
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down making the Bill of Rights, and they wrote up
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an amendment that was based on this colonist behavior, this
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peasant ability to be able to own arms, because nearly
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every American did. It was part of being on a farm.
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It was part of our culture and society to have
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that ability, and it equalized and allowed us to defeat
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the strongest army on Earth. Wouldn't be the last time
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this happens Afghanistan. For the Russians, so Soviets, Vietnam for
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the United States, it wouldn't be the last time that
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that kind of thing happened.
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Arms are an equalizer.
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But the most important point that he makes now in
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the midst of all of this history, and I believe
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I marked this, so I would like to quote it.
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The citizens of the United States are so far removed
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from the citizens of the American colonies in seventeen seventy
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six that it would be inconceivable to organize a military
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resistance to the central government. I do not suggest that
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this be done. I do suggest that there is a
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relationship North goes on right between the ownership of firearms
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and the assertion of political sovereignty. I do insist that
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the right to keep in bare arms is a symbolic
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affirmation of the ultimate political sovereignty of individual citizens over
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the central government. This was understood in seventeen ninety and
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it should be understood today. And he concludes, I do
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not think it is.
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Based on the facts. That seems like a reasonable conclusion
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to me.
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I agree, So please not like there's these weekend warriors
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or these people that fantasize like, oh, well, we could
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stand up to the government, and that's why we have
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these arms now.
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The central government's pretty well armed.
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And it wouldn't be a good thing if we did,
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or that's the way we handle things. There's all kinds
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of things we'll get to work one that Frederick Douglass
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noted in a moment. But there's all kinds of things
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ways that we can respond in the system that we have.
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But we act freer because of it. And I want
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to make a direct comparison. I'm hoping to have a
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00:22:12.960 --> 00:22:15.680
guest on a future episode who was in Australia during COVID,
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Because in Australia you could not The lockdown lasted for
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over five hundred and fifty days, and the lockdown rules
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said that you had to stay within a certain distance
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of your home and you could only go out for
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a certain short period of the day for reasons that
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had been approved. So you're basically imprisoned in your own home.
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And if you questioned this on social media, you or
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you protested, you could be physically harmed, including arrest and charge. Now,
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why did this happen in Australia. Australia doesn't have a
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Second Amendment and they had already confiscated a significant number
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of the guns so I'm suggesting that North is right
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that this symbolic representation. There's some thing about the fact
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that you can have a gun that makes all the difference. Here,
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here's how he words it at the conclusion of his piece,
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firearms are marks of political sovereignty. North rights they should
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be defended on this basis, not on the basis of
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some hypothetical revolution which is not going to take place.
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I am saying that such a revolution is not necessary,
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he continues, precisely because the people do possess the right
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to keep and bear arms. We will put that article
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down in the show notes so you could read the
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whole thing for yourself. I think that conclusion is one
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of the most important things that's been written by anybody
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anywhere on the Second Amendment.
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I also want to talk about an old friend. I'll
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not talking to him in yours.
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But Larry Pratt ran gun owners of America for a
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long time, and he saw the Second Amendment as an
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essential right. Now, what do I mean by that. I
469
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don't mean that what you might think. I mean that
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he thought that it connected to everything else, kind of
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playing off of what North just said. And this is
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the second point that I think is rarely understood that
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the individual right to own and control tools was inherent.
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It's a capitalist right, it's a First Amendment. The Second
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Amendment defends a first set of First Amendment rights. It
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defends a host of other rights. It reinforces and says
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out loud, we are free, and we can not just
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bear but keep. We actually can have things. And these
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rights are things that we own. They're part of us
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as persons. They define us as essentially a person. And
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so he believed that his organization. We worked with him
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several times over the years when I was running Downsize
483
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DC full time, we worked with him on a still
484
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do with Gun Owners of America. He's pretty much Larry's
485
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retired now, but we worked with him again and again
486
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and again. He was one of our partners, and we
487
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took a case on campaign finance restrictions Paul VFEC, all
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the way to the US Supreme Court. So he saw
489
00:25:13.160 --> 00:25:16.319
his Second Amendment defense is not just guns. He wasn't
490
00:25:16.359 --> 00:25:20.039
just a gun rights organization. It was a human rights organization.
491
00:25:20.519 --> 00:25:23.839
And this was this if his approach was, if we
492
00:25:23.880 --> 00:25:25.720
don't have the right to keep in barns, what do
493
00:25:25.759 --> 00:25:29.319
we have? It's the door to as far as he
494
00:25:29.359 --> 00:25:31.599
was concerned, to all others, it connected.
495
00:25:32.960 --> 00:25:35.559
So would he say that the right to keep in
496
00:25:35.640 --> 00:25:42.279
bear arms is like somehow over all the other rights
497
00:25:42.279 --> 00:25:43.559
that we have to keeping bear stuff.
498
00:25:44.119 --> 00:25:47.200
He would say it was essential and it was illustrative
499
00:25:47.240 --> 00:25:48.200
of everything else.
500
00:25:48.720 --> 00:25:49.200
I think.
501
00:25:49.559 --> 00:25:51.559
So it's like a it's like a symbolic right, but
502
00:25:51.680 --> 00:25:54.960
it's not symbolic because it's it's real. Yeah, but and
503
00:25:55.039 --> 00:26:01.079
actually own things underneath that umbrella. Court might one day
504
00:26:01.079 --> 00:26:03.640
be asked to decide when are not owning pets, you know,
505
00:26:04.119 --> 00:26:05.279
to keeping bear pets?
506
00:26:06.240 --> 00:26:07.079
Yes, you know.
507
00:26:07.240 --> 00:26:13.240
Yes is enumerated, but not enumerated specifically by name, implied
508
00:26:14.119 --> 00:26:15.880
by the enumeration of getting bare arms.
509
00:26:16.039 --> 00:26:16.359
Yes.
510
00:26:16.920 --> 00:26:19.319
Yes, I'm stretching here, but.
511
00:26:20.160 --> 00:26:21.079
I think you're on track.
512
00:26:21.119 --> 00:26:22.920
And I think the other thing that's obvious in all
513
00:26:22.920 --> 00:26:24.039
of that is, at the end of the day, if
514
00:26:24.079 --> 00:26:26.240
they just simply are going to target us and say no,
515
00:26:27.079 --> 00:26:29.759
and we as a people say wait a minute, you
516
00:26:29.799 --> 00:26:33.000
shouldn't have done that, that enough of us could form
517
00:26:33.039 --> 00:26:36.680
a militia and resist. I'm cognizant of the point that
518
00:26:36.720 --> 00:26:38.640
I think it's no, there hasn't been a moment to
519
00:26:38.680 --> 00:26:42.559
do that in our lifetimes. As Gary North just pointed out,
520
00:26:42.799 --> 00:26:45.720
it would be unwise, it would not be shrewd, but.
521
00:26:46.559 --> 00:26:48.680
There's something about having that kind of says yes.
522
00:26:49.079 --> 00:26:52.440
So I'm talking to a retired now the retired deputy
523
00:26:52.440 --> 00:26:55.319
Shaff one day and I knew this guy well enough
524
00:26:55.319 --> 00:26:57.880
to have this conversation, and I asked, if he got
525
00:26:57.920 --> 00:27:01.160
an order to go door to door and confiscate weapons,
526
00:27:01.160 --> 00:27:01.720
would he do it.
527
00:27:02.200 --> 00:27:04.680
He's a big man. He wobbled and almost fell over.
528
00:27:05.640 --> 00:27:08.480
It hit him like he's like, oh well, He's like,
529
00:27:08.480 --> 00:27:12.200
my job requires me to follow orders, but it would
530
00:27:12.240 --> 00:27:15.079
go against my values and I'd be worried. This is
531
00:27:15.079 --> 00:27:16.880
what he said, that I might not make it home
532
00:27:16.920 --> 00:27:21.400
one night if I did that. I am suggesting that
533
00:27:21.400 --> 00:27:24.440
that concern on his part is healthy, and it was
534
00:27:24.519 --> 00:27:27.880
missing in Australia during COVID, and it's missing. By the way,
535
00:27:27.920 --> 00:27:30.319
Bill as we're getting into the next point, and makes
536
00:27:30.319 --> 00:27:34.279
a great segue in the issue of slavery. Slaves are
537
00:27:34.279 --> 00:27:39.480
prohibited from having weapons.
538
00:27:39.640 --> 00:27:43.039
This show is brought to you by the Zero Aggression
539
00:27:43.160 --> 00:27:47.079
Project app newsletters subscribers get alerts when each episode is released.
540
00:27:47.359 --> 00:27:49.839
The zapp website is also the pathway by which You
541
00:27:49.880 --> 00:27:52.319
can contact us by email and support the show. This
542
00:27:52.880 --> 00:27:56.319
program operates thanks to tax deductibles APP contributions, and we
543
00:27:56.359 --> 00:27:59.640
appreciate your support. So zapp the state and to have
544
00:27:59.640 --> 00:28:09.279
a nice day. Gun control is racist. I have heard
545
00:28:09.279 --> 00:28:10.000
this before.
546
00:28:11.119 --> 00:28:13.880
It is true, and I'm going to demonstrate it to
547
00:28:13.960 --> 00:28:17.480
you now. It's inherently racist. I don't want to just
548
00:28:17.480 --> 00:28:22.559
say it's racist. It's inherently, definitionally racist. So this is
549
00:28:22.599 --> 00:28:25.279
the rarely understood point three. You said there were three
550
00:28:25.279 --> 00:28:27.519
points at the top that most people don't know. This
551
00:28:27.680 --> 00:28:29.160
is one of the ones that doesn't tend to get
552
00:28:29.200 --> 00:28:31.599
covered very much. I guess we could say the grace
553
00:28:31.599 --> 00:28:35.000
point arrives early today. Yeah, here's our grace point. Okay,
554
00:28:35.519 --> 00:28:38.160
gun control is racist. I'm going to make a distinction.
555
00:28:38.480 --> 00:28:40.720
I just learned this recently and I can't get it
556
00:28:40.720 --> 00:28:42.519
out of my head. I've talked with my son about
557
00:28:42.519 --> 00:28:44.920
this several times since I saw a video where a
558
00:28:44.960 --> 00:28:47.960
guy described the difference. An African American gentleman described the
559
00:28:47.960 --> 00:28:52.519
difference between prejudice and racism. Prejudice can take a lot
560
00:28:52.559 --> 00:28:55.359
of forms. Joe Biden one day stood up and said
561
00:28:55.359 --> 00:28:57.799
something about how it was amazing how well, Barack Obama
562
00:28:57.799 --> 00:29:00.559
could talk the implication being in kind of his old
563
00:29:00.559 --> 00:29:03.920
man prejudice way that you know, a black man shouldn't
564
00:29:03.920 --> 00:29:06.599
be able to articulate. So well, well, we look at
565
00:29:06.640 --> 00:29:09.200
Joe and we say he's old, you know, he's from
566
00:29:09.240 --> 00:29:12.319
a different time, and we recognize some prejudice there, but
567
00:29:12.359 --> 00:29:16.160
we know that he's not racist, right, He wasn't implying
568
00:29:16.160 --> 00:29:18.160
that Barrock shouldn't be president.
569
00:29:18.240 --> 00:29:19.920
Yeah, there's no hatred involved here.
570
00:29:20.759 --> 00:29:23.920
It's just kind of an ugly, out of date view
571
00:29:24.039 --> 00:29:26.039
that you believe you're better than somebody. There's some kind
572
00:29:26.079 --> 00:29:29.759
of supremacy there, and you're kind of making commentary on it.
573
00:29:29.799 --> 00:29:32.920
Well, this is America, man, that doesn't exist. No.
574
00:29:33.039 --> 00:29:36.519
Prejudice is probably located in every human to some degree.
575
00:29:36.759 --> 00:29:36.960
Yep.
576
00:29:37.039 --> 00:29:40.359
But racism is a different kettle a fish. It is
577
00:29:40.480 --> 00:29:44.440
prejudice plus policy. Let me say that again. Prejudice plus
578
00:29:44.480 --> 00:29:48.000
policy equals racism. What I mean is that there are
579
00:29:48.079 --> 00:29:51.079
types of bigotry that are more threatening or harmful than others.
580
00:29:51.200 --> 00:29:54.559
Racism is kind of like the worst. It's basically like, Okay,
581
00:29:55.039 --> 00:29:58.319
I have prejudice and as a result, I'm willing to
582
00:29:58.359 --> 00:30:02.880
activate the government or some other violence against humans to
583
00:30:02.960 --> 00:30:06.480
keep them from living, enjoying their life, their liberty, or
584
00:30:06.480 --> 00:30:07.440
their pursuit of happiness.
585
00:30:07.519 --> 00:30:07.960
Right I am.
586
00:30:08.000 --> 00:30:10.960
You're describing the hoa that towes the car, you know,
587
00:30:11.079 --> 00:30:13.079
that's properly marked and identified, and.
588
00:30:13.720 --> 00:30:19.519
But I'm describing it happening specifically because of some form
589
00:30:19.559 --> 00:30:20.160
of bigotry.
590
00:30:20.359 --> 00:30:22.400
Well, then there's the hoa that won't let people of
591
00:30:22.440 --> 00:30:23.440
a certain skin color.
592
00:30:23.759 --> 00:30:26.319
Okay, there we go, right, there we go. Okay, that's
593
00:30:26.319 --> 00:30:29.039
what racism is. So racism takes everything up to a
594
00:30:29.039 --> 00:30:32.359
different level. In other words, the state, in this particular case,
595
00:30:32.799 --> 00:30:37.359
power gets exercised to advance a prejudice against a class
596
00:30:37.440 --> 00:30:40.400
or group of people's that's racism. We're talking about people
597
00:30:40.880 --> 00:30:43.440
not being able to get you know, having damage done
598
00:30:43.440 --> 00:30:44.240
to them by the state.
599
00:30:44.319 --> 00:30:46.599
Okay, so give me your definition again, just so I'm
600
00:30:46.640 --> 00:30:46.880
with you.
601
00:30:47.680 --> 00:30:51.640
Prejudice plus policy, prejudice, prejudice plus power.
602
00:30:52.599 --> 00:30:55.839
Right, well, prejudice plus force, i'd say, but force.
603
00:30:56.079 --> 00:31:01.720
Right with slaves, the way it looked is they said
604
00:31:01.880 --> 00:31:04.240
they took away reading. They didn't want them to learn
605
00:31:04.279 --> 00:31:07.680
how to read, to keep them disempowered. They didn't want
606
00:31:07.720 --> 00:31:11.720
them to be able to possess any property, let alone arms.
607
00:31:12.079 --> 00:31:14.039
We'll get the arms a little bit more in a second.
608
00:31:14.440 --> 00:31:19.880
They restricted their assembly abilities. Right, So these things were
609
00:31:19.920 --> 00:31:22.640
taking that we consider to be fundamental human rights were
610
00:31:22.680 --> 00:31:26.359
taken away for the power of the people who claimed
611
00:31:26.319 --> 00:31:30.200
to own them, slave owners. When I say that gun
612
00:31:30.200 --> 00:31:34.279
controls inherently racists, I stand on incredibly good ground because
613
00:31:34.279 --> 00:31:38.160
Harriet Tubman, were she here, or Frederick Douglass, were they here,
614
00:31:38.559 --> 00:31:42.839
would agree with me. They know that one of the
615
00:31:43.079 --> 00:31:46.680
main things, all the way back to the Constitution itself
616
00:31:47.400 --> 00:31:52.519
and what defined a militia was defined specifically to keep
617
00:31:52.599 --> 00:31:56.559
them on the outside because of their skin color. These
618
00:31:56.559 --> 00:32:00.240
were a set of powers that were granted as rights
619
00:32:00.319 --> 00:32:05.720
to free white people, free white men in particular. Okay,
620
00:32:06.200 --> 00:32:08.400
so we progress, and we can say that we can
621
00:32:08.519 --> 00:32:14.680
if we take out the power, the policy, the force,
622
00:32:15.160 --> 00:32:16.359
like if we can pull that out.
623
00:32:16.839 --> 00:32:18.519
Harriet Tubman used arms.
624
00:32:18.519 --> 00:32:20.519
She took arms with her when she went to liberate
625
00:32:20.559 --> 00:32:24.079
slaves by the way, which she did several quite a
626
00:32:24.079 --> 00:32:30.279
few times. And Frederick Douglass initially believed that the Constitution
627
00:32:30.519 --> 00:32:31.759
was a racist document.
628
00:32:32.400 --> 00:32:34.200
He agreed with William Lloyd Garrison on this.
629
00:32:34.319 --> 00:32:40.720
But Lysanders Spooner, famous marka anarchist one of the first
630
00:32:41.039 --> 00:32:47.119
a hero said, No, that right belongs to every person.
631
00:32:47.200 --> 00:32:49.319
The fact that it spells out that a human right
632
00:32:50.200 --> 00:32:53.920
exists there means it applies to everyone. It's no accident
633
00:32:53.960 --> 00:32:56.720
that they're taking it from you. They are dehumanizing you.
634
00:32:58.119 --> 00:33:02.000
He needs three essential arguments. One, the possession of arms
635
00:33:02.920 --> 00:33:08.160
was incompatible with slavery. Two, it was a natural right
636
00:33:08.279 --> 00:33:11.640
and thus illegal to disarm a human the right itself,
637
00:33:11.720 --> 00:33:15.079
that second Amendment was evidence of why the Constitution was
638
00:33:15.119 --> 00:33:18.160
a document opposed to slavery. They could begin to use
639
00:33:18.200 --> 00:33:20.960
that document that way. And it wasn't just Frederick Douglass.
640
00:33:21.279 --> 00:33:24.400
As time goes by, another African American shows up on
641
00:33:24.400 --> 00:33:26.880
the scene named Martin Luther King Junior, and he too
642
00:33:26.960 --> 00:33:29.359
points back to the founding documents and says, you are
643
00:33:29.400 --> 00:33:31.759
not living up to your creed. You were not living
644
00:33:31.880 --> 00:33:34.640
up to the contract you spelled out in writing. So
645
00:33:35.000 --> 00:33:38.240
Spooner is pointing the way, and Frederick Douglass goes, holy crap,
646
00:33:38.279 --> 00:33:42.200
I agree. And three the third argument, it's hard to
647
00:33:42.279 --> 00:33:50.519
keep armed men enslaved. It's hard to keep armed men enslaved.
648
00:33:50.799 --> 00:33:53.640
So these were the three arguments at Spooner made. Douglas
649
00:33:53.720 --> 00:33:59.200
was moved by Lysander Spooner's arguments, and he goes further.
650
00:34:00.200 --> 00:34:04.359
He makes two more First, he maintained that marginalized groups
651
00:34:04.400 --> 00:34:08.119
required physical means of protection, so he viewed arm self
652
00:34:08.159 --> 00:34:14.360
defense as a fundamental necessity against post emancipation racial violence.
653
00:34:15.599 --> 00:34:18.400
Blacks in the South experienced tremendous violence, and part of
654
00:34:18.440 --> 00:34:20.800
how that was able to be carried out was the disarming.
655
00:34:21.159 --> 00:34:23.599
The origin of gun control laws in the United States
656
00:34:23.679 --> 00:34:25.800
was to keep guns out of the hands of black people.
657
00:34:26.960 --> 00:34:29.199
And two after the.
658
00:34:29.199 --> 00:34:32.159
Civil War, Douglas famously stated that securing true freedom, I
659
00:34:32.199 --> 00:34:35.280
love this line. I love this here's a guy that
660
00:34:35.400 --> 00:34:38.400
gets it. Okay, this applies no matter where you're at
661
00:34:38.440 --> 00:34:40.400
on the libertarian spectrum. By the way, you could be
662
00:34:40.400 --> 00:34:42.119
all the way to anarchists and still agree with this.
663
00:34:42.440 --> 00:34:45.239
Securing true freedom for newly freed people required three pillars.
664
00:34:45.239 --> 00:34:47.480
The ballot box, the jury box, and the cartridge box.
665
00:34:48.400 --> 00:34:50.920
The cartridge box being the way you carried the way
666
00:34:50.960 --> 00:34:56.840
you loaded the bullets into the ammop Okay, and so
667
00:34:57.119 --> 00:34:59.239
the fact that you could vote, the fact that you
668
00:34:59.400 --> 00:35:02.199
had a right to a jury, and that you by
669
00:35:02.199 --> 00:35:06.079
the way you could void a bad case, like the
670
00:35:06.159 --> 00:35:09.119
jury could nullify the case that's in front of them.
671
00:35:09.480 --> 00:35:12.280
And the cartridge box. These were the things that you get.
672
00:35:12.559 --> 00:35:14.880
And by the way, I hear echoes of Larry Pratt.
673
00:35:15.159 --> 00:35:18.960
I just spoke of guns America moments ago in this statement. Right,
674
00:35:19.480 --> 00:35:24.599
this right is part of the whole humanity picture. And
675
00:35:24.639 --> 00:35:25.960
if we go back all the way to the beginning
676
00:35:26.000 --> 00:35:29.559
of the show, this was essential to life. It was
677
00:35:29.599 --> 00:35:32.400
a self defense was a very very fundamental right.
678
00:35:32.800 --> 00:35:37.159
Something interesting to me is that they instead of saying
679
00:35:37.440 --> 00:35:41.559
self defense is fundamental, the framers put it into context
680
00:35:41.599 --> 00:35:44.360
that was concrete.
681
00:35:44.639 --> 00:35:49.159
Oh I like that, right, yep. They said that to arms,
682
00:35:49.199 --> 00:35:50.119
they said, this is what it is.
683
00:35:50.360 --> 00:35:57.679
You got a gun. That's a fundamental tool of liberty.
684
00:35:57.840 --> 00:35:58.199
Okay.
685
00:35:58.320 --> 00:36:00.599
So to wrap up our point, real, SI, I just
686
00:36:00.679 --> 00:36:06.079
want you to remember five words. Disarming regular people is wrong.
687
00:36:07.280 --> 00:36:09.440
Not just fire them. Okay. So you mentioned promises up
688
00:36:09.480 --> 00:36:11.360
in the front of the show. Here we got to
689
00:36:11.400 --> 00:36:14.440
deliver on a couple of them. Still, well, the main
690
00:36:14.480 --> 00:36:17.199
one is coming now. It's not just firearms.
691
00:36:17.719 --> 00:36:20.800
Yes, so everybody, and we even slipped into it, both
692
00:36:20.800 --> 00:36:21.920
of us did individually.
693
00:36:22.000 --> 00:36:23.000
During the course of this episode.
694
00:36:23.039 --> 00:36:26.440
We described guns as arms, and this is how everybody
695
00:36:26.480 --> 00:36:29.000
thinks of it in the frame. But I gave you
696
00:36:29.079 --> 00:36:33.199
a definition that said it was a tool of self defense. Okay,
697
00:36:33.599 --> 00:36:36.679
you had a tool that you can hold that means
698
00:36:36.679 --> 00:36:42.440
bear that helps protect your life, liberty and property. Okay,
699
00:36:43.280 --> 00:36:47.480
so what else can you carry? I want to go
700
00:36:47.679 --> 00:36:51.880
back to a story that I first originates in twenty twelve.
701
00:36:52.960 --> 00:36:55.880
We have a Facebook video link to this from twenty
702
00:36:55.920 --> 00:36:57.920
fourteen that I will share in the notes, and if
703
00:36:57.920 --> 00:37:00.039
somebody has a better version of this, they can s
704
00:37:00.360 --> 00:37:03.239
to me and we will replace it. Okay, I'd be
705
00:37:03.280 --> 00:37:05.199
happy to put a better link than the quality than
706
00:37:05.199 --> 00:37:07.639
the one we've got. But it's the story of Marcus
707
00:37:07.719 --> 00:37:14.599
Jeter in Bloomfield, New Jersey. He gets arrested and the
708
00:37:14.639 --> 00:37:17.920
police beat him up. He's got his hands up in
709
00:37:18.000 --> 00:37:21.719
the vehicle, and they accuse him of attempting to flee
710
00:37:21.760 --> 00:37:25.280
the scene, which goes beyond the evidence it's available. They
711
00:37:25.559 --> 00:37:28.599
beat him up even after they have him cuffed, and
712
00:37:28.639 --> 00:37:31.559
they accuse him of attempting. In fact, they've got it
713
00:37:31.599 --> 00:37:34.760
on recording. One of the officers is doing the narration that.
714
00:37:34.679 --> 00:37:37.480
Many police officers do. Why are you reaching for my gun? Stop?
715
00:37:37.599 --> 00:37:40.760
Resisting that type of routine and he takes a beating.
716
00:37:42.559 --> 00:37:45.599
But another cop had come around the wrong way, pulled
717
00:37:45.679 --> 00:37:48.119
up and hit his vehicle, which was not in the police.
718
00:37:47.840 --> 00:37:49.719
Report, actually ran into his car.
719
00:37:49.679 --> 00:37:52.599
Ran right into it, and his camera was on and
720
00:37:52.639 --> 00:37:56.000
it caught all of the activity in reality, not just
721
00:37:56.079 --> 00:37:59.079
the audio recording that they were providing, of the narration
722
00:37:59.159 --> 00:38:02.519
of the cops behavior at the scene. There were three
723
00:38:02.639 --> 00:38:06.320
officers involved in this. First, I want to say Marcus Jeter.
724
00:38:06.760 --> 00:38:10.760
All charges against him were drop when the film came out. Second,
725
00:38:11.079 --> 00:38:18.679
there were three officers who were subsequently tried and found guilty. Orlando, Trinidad.
726
00:38:19.599 --> 00:38:24.760
He was convicted of official mixed conduct, conspiracy, falsifying public records,
727
00:38:24.760 --> 00:38:27.480
and simple assault and received a prison sentence of a
728
00:38:27.519 --> 00:38:33.039
mandatory five years before parole eligibility and legal appeals subsequently
729
00:38:33.119 --> 00:38:37.599
upheld the decision. Sean Corter also got five years for
730
00:38:37.760 --> 00:38:41.480
very similar set of charges, and Albert Sutherland, the third
731
00:38:41.480 --> 00:38:44.920
police officer on the scene, pleaded guilty to falsifying public
732
00:38:45.000 --> 00:38:48.880
records in are in agreement to testify against the other two.
733
00:38:49.239 --> 00:38:54.000
There was a civil settlement that paid Jeter one point
734
00:38:54.199 --> 00:38:57.400
six million dollars for the violation of his federal civil rights.
735
00:38:57.800 --> 00:39:01.239
If the film had not existed, says in this report
736
00:39:01.280 --> 00:39:04.679
that we're linking below, he would have been in prison.
737
00:39:04.920 --> 00:39:07.679
It was not an If it was a definite, there
738
00:39:07.719 --> 00:39:10.639
is no way he would have gotten out of it.
739
00:39:12.440 --> 00:39:17.480
I think this story illustrates a point, and things have
740
00:39:17.679 --> 00:39:21.159
changed even since then that was twenty twelve in such
741
00:39:21.159 --> 00:39:23.639
a way that I say can make a point. It's
742
00:39:23.639 --> 00:39:26.760
a point that I have made in a variety of places,
743
00:39:26.800 --> 00:39:29.800
but never as part of the central dish like it
744
00:39:29.840 --> 00:39:33.079
is today. And it's a point that I've made to
745
00:39:33.119 --> 00:39:36.519
quite a few friends in conversation in more dramatic fashion.
746
00:39:36.599 --> 00:39:38.800
This is the first time I've come to Gray Sarky
747
00:39:38.880 --> 00:39:41.400
and shared this point, and I think it is not
748
00:39:41.480 --> 00:39:45.199
only novel, but revolutionary. And that is the Second Amendment
749
00:39:45.320 --> 00:39:49.840
is about arms, not just guns. The Second Amendment is
750
00:39:49.880 --> 00:39:54.360
about arms, not just guns. I hold in my hand
751
00:39:54.400 --> 00:39:57.559
a device. This is a mobile phone, and on it,
752
00:39:57.599 --> 00:40:01.079
as you can see, is a camera. And it can
753
00:40:01.119 --> 00:40:04.400
film video, and it can take pictures, and it can
754
00:40:04.440 --> 00:40:07.880
record audio and the best that it can do, and
755
00:40:08.679 --> 00:40:12.400
it is a tool that can be at the end
756
00:40:12.480 --> 00:40:14.679
of my arm, it can be part of my arm
757
00:40:14.719 --> 00:40:19.519
it's attached to me, that allows me to bring social justice,
758
00:40:19.639 --> 00:40:24.280
that allows me to protect property. That sends a signal
759
00:40:24.360 --> 00:40:27.639
to people who are working for the state as their
760
00:40:27.679 --> 00:40:31.320
employees that they need to be careful about the violation
761
00:40:31.400 --> 00:40:35.960
of my rights because this exists and it is a
762
00:40:36.039 --> 00:40:39.559
legitimate tool of self defense that does not physically harm people.
763
00:40:39.840 --> 00:40:41.199
So if I pull a.
764
00:40:41.239 --> 00:40:44.239
Gun, which is a valid tool of self defense, and
765
00:40:44.280 --> 00:40:46.559
I shoot it, there will be a whole bunch of
766
00:40:46.639 --> 00:40:50.920
questions about my ability and my wisdom in having done so.
767
00:40:52.039 --> 00:40:55.760
But this does no physical harm. This device that is
768
00:40:55.800 --> 00:40:59.519
a part of me, that is an arm, can provide defense.
769
00:41:00.079 --> 00:41:04.880
Cameras at the scene of market Jeter's to arrest saved
770
00:41:05.199 --> 00:41:10.559
his life and led to a proper civil judgment. Cameras
771
00:41:10.840 --> 00:41:15.400
should be treated with special Second Amendment power. We should
772
00:41:15.519 --> 00:41:23.000
expand our understanding bill of the Second Amendment to include cameras.
773
00:41:23.159 --> 00:41:24.679
Just the ones at the end of our arms, though
774
00:41:24.719 --> 00:41:26.639
not the ones on those poles that are like the
775
00:41:26.679 --> 00:41:29.119
flot cameras scanning the police.
776
00:41:29.559 --> 00:41:32.400
Those don't belong there. I'm talking about your ability to
777
00:41:32.400 --> 00:41:34.880
bear arms. I'm talking about your ability to record a scene.
778
00:41:35.000 --> 00:41:37.559
So I put something in your hand and it's now
779
00:41:37.760 --> 00:41:39.199
an arm or could.
780
00:41:38.960 --> 00:41:44.360
Be could be an arm, and I want to I'll
781
00:41:44.400 --> 00:41:45.360
just throw out this appeal.
782
00:41:45.400 --> 00:41:47.199
Here, are there any lawyers in the audience.
783
00:41:48.079 --> 00:41:51.800
I would like to see a federal law that protects
784
00:41:51.800 --> 00:41:55.239
the individual right to keep cameras and bear that right
785
00:41:55.880 --> 00:42:00.000
to bear the right to record public officials in their duties,
786
00:42:00.159 --> 00:42:03.519
in their in their public duties, the ability to be
787
00:42:03.519 --> 00:42:06.000
able to monitor and record those things.
788
00:42:06.480 --> 00:42:08.639
He wants advice. You want that enumerated, right.
789
00:42:08.719 --> 00:42:09.840
I want it enumerated.
790
00:42:09.880 --> 00:42:12.320
I want and in fact I wanted Congress to speak
791
00:42:12.599 --> 00:42:16.000
because the judicial brands tends to defer that. The way
792
00:42:16.039 --> 00:42:18.480
we should understand the Second Amendment now so that it's
793
00:42:18.480 --> 00:42:21.320
no longer a novel theory, the way we should understand
794
00:42:21.320 --> 00:42:24.360
it is that this device is also on arm. The
795
00:42:24.400 --> 00:42:29.559
ability to film from my phone camera is also an arm.
796
00:42:29.920 --> 00:42:31.880
It is a tool. Let me go back to the definition.
797
00:42:31.920 --> 00:42:34.639
Let's see if it fits tools that I can hold
798
00:42:34.840 --> 00:42:38.280
that help protect life, liberty, and property.
799
00:42:38.880 --> 00:42:43.239
Right. So here it is, and this should be considered
800
00:42:43.920 --> 00:42:47.760
a tool an arm.
801
00:42:47.800 --> 00:42:49.880
This tool right here. So if you're a if you
802
00:42:50.000 --> 00:42:51.239
know how to do this, if you know how to
803
00:42:51.239 --> 00:42:53.760
write this law, and you want to do it. You
804
00:42:53.760 --> 00:42:55.119
want to take a stab at it. You know, I'm
805
00:42:55.159 --> 00:42:56.320
interested in seeing what we could do with that.
806
00:42:56.360 --> 00:42:56.760
I'm interested.
807
00:42:56.800 --> 00:42:58.519
We've got the Congress shall make no laws.
808
00:42:58.559 --> 00:43:01.079
Problem, Congression making no laws.
809
00:43:02.119 --> 00:43:04.039
I know, I know I'm be facetious, okay, but the
810
00:43:04.079 --> 00:43:06.039
bottom lines, they haven't made any laws for a while.
811
00:43:06.239 --> 00:43:10.840
It's all been driven down from the executive for eighteen years.
812
00:43:11.199 --> 00:43:13.960
I would like to see I'm asking right now so
813
00:43:14.039 --> 00:43:16.000
that the Supreme Court has a hook or something to
814
00:43:16.000 --> 00:43:17.880
grab onto you, because they won't do it on their own.
815
00:43:18.079 --> 00:43:20.519
I would like Congress to say, this is what the
816
00:43:20.559 --> 00:43:24.400
situation is. These devices, which, by the way, Ice has
817
00:43:24.440 --> 00:43:26.639
been swiping out of people's hands and beating people up
818
00:43:27.039 --> 00:43:32.159
for filming, and this administration has been backing that it
819
00:43:32.199 --> 00:43:35.199
should not be every government official ought to be put
820
00:43:35.199 --> 00:43:38.679
in their place by this device. They should be following
821
00:43:38.679 --> 00:43:41.719
the law at all times. They should be abiding by
822
00:43:41.719 --> 00:43:43.719
our rights, which are part of the highest law of
823
00:43:43.760 --> 00:43:46.840
the land at all times, because they know these devices
824
00:43:46.880 --> 00:43:47.679
are ever present.
825
00:43:47.800 --> 00:43:49.440
No, we don't need a new law then if it's
826
00:43:49.440 --> 00:43:51.239
already happening, all we need is a case.
827
00:43:51.840 --> 00:43:55.079
No we need Well, that could work too, somebody could
828
00:43:55.079 --> 00:43:58.519
You're right, you're right, somebody could make an argument like this.
829
00:43:59.400 --> 00:44:02.559
I would like to see attorneys begin arguing that there's
830
00:44:02.599 --> 00:44:06.559
a Second Amendment right to bear phones, to bear cameras.
831
00:44:06.719 --> 00:44:09.760
I would like to see that as part of the right.
832
00:44:11.360 --> 00:44:15.679
I mean, we already have and sort of implied rights
833
00:44:15.800 --> 00:44:18.719
because we can visually see we ask witnesses, well, we
834
00:44:18.760 --> 00:44:21.480
saw Jeter and this, and people standing around can say,
835
00:44:21.800 --> 00:44:24.559
you know their version of the story too. That's different
836
00:44:24.559 --> 00:44:27.400
than bearing arms that you're talking about and including a
837
00:44:27.920 --> 00:44:34.239
recording device, specifically a video camera as an arm that
838
00:44:34.280 --> 00:44:36.880
could be tested right now. Oh we need I agree.
839
00:44:37.079 --> 00:44:40.559
A piece of legislation by Congress would be one way,
840
00:44:41.039 --> 00:44:44.920
and a case that actually made this argument would be another.
841
00:44:44.960 --> 00:44:46.559
And I would hope the Supreme Court would want to
842
00:44:46.559 --> 00:44:49.639
take it up. People could start writing academic articles about
843
00:44:49.639 --> 00:44:53.519
this idea. I think this is a revolutionary theory and
844
00:44:53.599 --> 00:44:56.920
it's a much more peaceful way to hold the state accountable.
1
00:00:00.120 --> 00:00:02.480
The origin of gun control laws in the United States
2
00:00:02.600 --> 00:00:04.759
was to keep guns out of the hands of black people.
3
00:00:06.280 --> 00:00:11.640
Instead of conflict and aggression, here's governance built on grace.
4
00:00:13.000 --> 00:00:18.280
Welcome to Grace Arcade with Jim Babka. You're about to
5
00:00:18.280 --> 00:00:21.600
hear a Second Amendment case unlike any other. In fact,
6
00:00:22.399 --> 00:00:25.839
Jim's gonna reveal the three things that hardly anyone understands,
7
00:00:25.839 --> 00:00:29.640
plus two theories that you've never heard before. The second
8
00:00:29.640 --> 00:00:31.760
one relates to the title of this episode. That is,
9
00:00:32.280 --> 00:00:37.320
the Second Amendment covers another object, not just firearms. You'll
10
00:00:37.320 --> 00:00:38.679
want to stay to the end to find out what
11
00:00:38.840 --> 00:00:41.439
that is. So, Jim, what do you have for us?
12
00:00:41.719 --> 00:00:43.240
Yeah, we'll get to it there at the end.
13
00:00:43.280 --> 00:00:45.759
And I this is something I've wanted to talk about
14
00:00:45.799 --> 00:00:48.000
for a long time and I just finally got around
15
00:00:48.000 --> 00:00:49.479
to making an episode about it.
16
00:00:49.600 --> 00:00:52.000
Yeah. So another evergreen episode for those of you who
17
00:00:52.000 --> 00:00:52.640
are keeping track.
18
00:00:52.920 --> 00:00:54.719
Yes, yeah, this is one you can come back to
19
00:00:54.799 --> 00:00:55.320
again and again.
20
00:00:55.520 --> 00:01:01.679
It will not be bound by time, we hope. But
21
00:01:01.759 --> 00:01:03.960
first I want to in order for us to get
22
00:01:03.960 --> 00:01:05.519
to that destination, I think we got to lay out
23
00:01:05.519 --> 00:01:06.400
some building blocks.
24
00:01:06.680 --> 00:01:09.799
Yes, absolutely, and there are several of them. You guys
25
00:01:09.799 --> 00:01:12.120
have become accustomed to this now. So here the first
26
00:01:12.120 --> 00:01:13.560
one is what is a right?
27
00:01:15.000 --> 00:01:15.640
What is a right?
28
00:01:15.959 --> 00:01:18.920
So we talk about rights. Our government grants us rights,
29
00:01:19.000 --> 00:01:21.560
or the creator granted us rights, or I have my
30
00:01:21.719 --> 00:01:24.519
rights or the Bill of rights. We talk about rights.
31
00:01:24.519 --> 00:01:27.760
What are rights? So this is what I would call
32
00:01:27.799 --> 00:01:29.640
novel theory number one. This is one of the two
33
00:01:29.680 --> 00:01:31.640
things that you will not hear anywhere else. And at
34
00:01:31.640 --> 00:01:35.040
some point we'll go much deeper into this subject as well,
35
00:01:35.079 --> 00:01:40.680
but for today, keeping it simple. Rights are natural, and
36
00:01:40.760 --> 00:01:42.640
the reason they are natural is that they are attached
37
00:01:42.640 --> 00:01:46.680
to empathy. They are things that we recognize that we
38
00:01:46.719 --> 00:01:49.200
want and that we recognize the people we care about want.
39
00:01:49.319 --> 00:01:52.760
And because we think about ourselves and those other people
40
00:01:52.799 --> 00:01:55.239
that we care about, we realize that in kind of
41
00:01:55.280 --> 00:01:58.920
the grand social bargain of things, we want those things,
42
00:01:58.920 --> 00:02:00.439
and other people are going to have to give us
43
00:02:00.439 --> 00:02:02.760
those things, and so we all make an agreement that
44
00:02:02.760 --> 00:02:05.079
that's how it's going to be. A lot of people
45
00:02:05.120 --> 00:02:08.680
spend time making distinctions between what our negative rights and
46
00:02:08.719 --> 00:02:11.439
positive rights, and that's because there's a state coercing us,
47
00:02:12.080 --> 00:02:13.960
and we're trying to figure out what the government should
48
00:02:13.960 --> 00:02:16.479
be able to do, and we want to limit those
49
00:02:16.520 --> 00:02:18.800
to the so called negative ones, the things that you
50
00:02:18.840 --> 00:02:23.560
shouldn't do to other people. But every right that you have,
51
00:02:23.680 --> 00:02:26.159
including let's say a right to healthcare, can come through
52
00:02:26.199 --> 00:02:29.960
something like your employer. It is because we have these
53
00:02:30.000 --> 00:02:34.879
empathies and agreements with one another that we have rights.
54
00:02:34.960 --> 00:02:37.960
So rights just simply describe what is supposed to come
55
00:02:38.000 --> 00:02:40.280
to us in the role that we're in and in
56
00:02:40.319 --> 00:02:43.319
the role of citizen. That includes life, liberty and the
57
00:02:43.319 --> 00:02:45.879
pursuit of happiness, because we all want those things.
58
00:02:46.599 --> 00:02:49.960
So life liberty, a suit of happiness. I say those
59
00:02:49.960 --> 00:02:50.960
are natural rights.
60
00:02:51.400 --> 00:02:53.800
Those are natural rights, but they're natural because they're inside
61
00:02:53.840 --> 00:02:58.000
our chemistry. So interestingly enough, in empathy, we have things
62
00:02:58.080 --> 00:03:02.240
like neurons in our brain. It's sure him to get
63
00:03:02.319 --> 00:03:05.120
to understand or relate directly to how other people are
64
00:03:05.159 --> 00:03:08.199
responding to something. If you're like me and you've gone
65
00:03:08.199 --> 00:03:10.759
and watched the UFC on TV, or you've gone to
66
00:03:10.840 --> 00:03:12.599
a bar to do it, I've done it several times
67
00:03:12.599 --> 00:03:15.159
at a bar over the years. We watched the pay
68
00:03:15.159 --> 00:03:19.800
per view groin strikes in the fight. They always pause
69
00:03:19.879 --> 00:03:22.319
the fight and they fill the time by replaying the
70
00:03:22.360 --> 00:03:23.879
strike and every.
71
00:03:23.759 --> 00:03:26.080
Man in the bar goes right.
72
00:03:26.080 --> 00:03:29.080
They all clench up right, and that is what's called
73
00:03:29.080 --> 00:03:32.240
a parasympathetic response. And you have that because of your
74
00:03:32.240 --> 00:03:35.439
mirror neurons. And it's not just because of mere neurons.
75
00:03:36.879 --> 00:03:40.000
We also have a chemical, a hormone that runs through
76
00:03:40.000 --> 00:03:43.199
our bodies that until the nineteen nineties, this is how
77
00:03:43.240 --> 00:03:48.960
recent this was. It's called oxytocin, not oxycotton, but oxytocin.
78
00:03:50.560 --> 00:03:52.560
We thought that the main reason for its existence had
79
00:03:52.560 --> 00:03:56.319
something to do with connecting mother and child in breastfeeding,
80
00:03:58.599 --> 00:04:01.919
but it turns out that it's the empathy molecule. It's
81
00:04:02.000 --> 00:04:05.120
the molecule usually testosterone goes down a bit when we
82
00:04:05.199 --> 00:04:07.360
have it. It's the moment you kind of open up
83
00:04:07.400 --> 00:04:10.919
to another human being. And it is because of these
84
00:04:11.039 --> 00:04:14.120
natural events that are part of our chemistry and part
85
00:04:14.159 --> 00:04:17.120
of our social relationship that we begin to see the
86
00:04:17.240 --> 00:04:20.720
value of other people, not just us being treated a
87
00:04:20.720 --> 00:04:24.000
certain way, and we spell those things out as rights.
88
00:04:25.480 --> 00:04:28.560
The natural ones, I know I'm hitting this again are happiness, harmony,
89
00:04:28.600 --> 00:04:29.360
and prosperity.
90
00:04:29.839 --> 00:04:31.439
No, well, yes they are.
91
00:04:31.560 --> 00:04:34.600
But the classic version of this in the Declaration of
92
00:04:34.680 --> 00:04:37.680
Independence is life, liberty, and the pursuit of happiness.
93
00:04:38.240 --> 00:04:40.639
I'm glad that we made that distinction because they there
94
00:04:40.720 --> 00:04:42.639
was a point where they said property. No, we don't
95
00:04:42.680 --> 00:04:46.519
want that. We want the pursuit of happiness. Yes, to
96
00:04:46.560 --> 00:04:47.680
be the last thing in there.
97
00:04:48.160 --> 00:04:48.360
Yep.
98
00:04:48.439 --> 00:04:50.240
And I tried to slide one by you there by
99
00:04:50.240 --> 00:04:55.040
saying prosperity, but you caught it. Okay, okay, next point,
100
00:04:55.120 --> 00:04:59.959
self defense is social justice. That's a tough one, man.
101
00:05:00.680 --> 00:05:05.600
I mean, I'm with you on it. However, however, what.
102
00:05:06.000 --> 00:05:09.439
Uh, let's start here. Social justice means that you believe
103
00:05:09.519 --> 00:05:12.959
other people are being harmed or not getting what they're
104
00:05:12.959 --> 00:05:15.759
supposed to get right, something is being done that is
105
00:05:15.800 --> 00:05:16.639
pushing them down.
106
00:05:17.000 --> 00:05:17.720
Yeah, okay.
107
00:05:17.920 --> 00:05:19.879
Now violence is occurring, and you show up and you
108
00:05:19.920 --> 00:05:21.759
say I'm gonna take your gun, or I'm gonna take
109
00:05:21.759 --> 00:05:23.480
your club, or I'm going to take the walls that
110
00:05:23.519 --> 00:05:26.040
you have, the locks that you have to keep you
111
00:05:26.120 --> 00:05:27.600
protected and insulated from harm.
112
00:05:27.680 --> 00:05:29.639
That's me the third party coming in and saying, no, you,
113
00:05:29.759 --> 00:05:32.720
Jim and this other guy, I'm gonna I'm gonna do this.
114
00:05:32.879 --> 00:05:34.160
I'm gonna pose this thing on you.
115
00:05:34.519 --> 00:05:37.240
Yeah, the most fundamental right that you could possibly imagine.
116
00:05:37.279 --> 00:05:40.759
We talked about life, right, Well, inherent in that right
117
00:05:40.839 --> 00:05:44.639
to life is self defense. I have the right to
118
00:05:44.759 --> 00:05:46.120
protect my own person.
119
00:05:46.279 --> 00:05:47.600
Yes, you certainly do. I agree.
120
00:05:47.720 --> 00:05:48.279
Yeah.
121
00:05:48.319 --> 00:05:50.879
So this is kind of the ultimate social justice point.
122
00:05:51.120 --> 00:05:53.240
If you're gonna say to me, I'm a social justice
123
00:05:53.279 --> 00:05:55.279
warrior and I care about this happening to the poor
124
00:05:55.319 --> 00:05:57.639
and this happening to this. If you're going to speak
125
00:05:57.720 --> 00:06:01.120
up for those things, great, okay, fine, But if you're
126
00:06:01.120 --> 00:06:02.959
going to say, well, we're going to disarm a population,
127
00:06:05.560 --> 00:06:08.600
who are you disarming? Who are you harming? And who
128
00:06:08.600 --> 00:06:12.639
are the people maybe who might need self defense the most,
129
00:06:13.319 --> 00:06:17.480
who lives in the highest crime areas, for example. So
130
00:06:17.600 --> 00:06:20.240
I am arguing that self very simple is a very
131
00:06:20.279 --> 00:06:23.000
simple point. Self defense is social.
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Justice, okay, and I'm done with that, whether you're using
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a you know, AK forty seven or a club or
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just trying to reason with somebody and saying, look, you know,
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this isn't right the situation. So all of those three
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examples are social justice at a self defense level.
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Yeah, And self defense is the most basic.
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Of the most fundamental. We're going to call it a right, Jim. Yes,
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you have a right to self defense. Right to self defense,
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a non enumerated right or are I know I'm splitting
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hairs here, but you know it's important.
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No, it is a right to life, a right to
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life or right to life.
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There we go, arms defined. I'm looking forward to this one.
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This is going.
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This is an essential point to understand where we end up.
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The other novel thing I'm going to introduce today has
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to do with arms. So the Second Amendment protects the
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right to keep and bear arms. We'll get to keep
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him bear in a moment, but for now, what is
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an arm?
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Do you know what an arm is? Bill?
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Well, we will use the last example. It could be
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a gun. Okay, it could be a club, it could
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be it could be your fists. Okay, you know those
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are just sort of attached to you. You're gonna keep
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them one way or the other. Well, there you go.
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What do you have two of attached to you right now? Exactly? Ears? Eyes, arms, hands, arms, legs.
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Right, here's my arm yep right, I've got an arm.
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It's not the longest arm in the world, but I
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can extend the length of it, and I could extend
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my ability to hit with tools. I can pick up
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a club and that gives me even more reach and
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power and a guy of my height. For those of
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you that can't tell, I'm short, I'm just under five
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to six. So you know, a club might come in
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more handy for me in a given situation, or a
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gun might come in more handy for a particular situation.
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So the arms you're talking about are tools that you
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use to inflict harm.
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Let me say it this way, because harm is not
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part of the necessary definition right right self defense and
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security is. So this is what I want to say.
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This is my definition ready, tools that I can hold.
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Another word for holding is bare tools that I can
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hold that help protect my life. Liberty and property.
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Or pursuit of happiness. Well, we're jumping around there, because
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property and pursuit of happiness are We're enumerated the way
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that they are on purpose.
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Okay, I'm gonna they are, and the government shouldn't interfere
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with those things. So pursuit of it seems like this
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is important to you, So let me tell you this
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on it. Property is something that you can defend. Your
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pursuit of happiness is something the government isn't supposed to
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infringe upon. So the reason that it says pursuit of
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happiness in there is that there are a number of
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different things that you can do that are with your
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consistent with your values and your goals that the government
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should not make laws or regulations to interfere with your
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free ability to pursue those things. So we talk about
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pursuit of happiness and context of the government, because happiness matters,
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and your ability to go out and create and innovate
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and build and own and pursue personal goals, those things
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should not be impeded. So that's the pursuit of happiness part.
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We will reflexively jump back to property here in this
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conversation a lot, because that's the subset of things that
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you can defend potentially with violence to preserve your keeping
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of it or your ownership or its condition. Okay, And
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so in that case, we're not really talking about pursuit
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of happiness because we're not talking about a situation where
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somebody cuts you off in track and that suddenly justifies, Hey,
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you know, you made me late or you made me angry,
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and now I can go do something bad to you. Clearly,
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your pursuit of happiness was just interfered with, but you
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wouldn't be justified in doing something violent in response to that. So,
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for now, tools that I can hold and that would
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be bear that help protect my life, liberty and property.
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Okay, I can get behind that. And okay, I hear
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you out there people who have a different idea of property.
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That's fine. But I'm comfortable with your definition. Sovereignty big
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word important, meaning, Yeah.
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I believe in self government. I'm responsible for myself. Sovereignty
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is over something, so I rule myself, I rule my body.
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Okay.
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But the debate that we have in politics has to
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do with who is the ultimate sovereign, who makes the
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final decision, And the concept of the state suggests that
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there are a number of things that other people and
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participate in ruling over me and they become sovereign. But Bill,
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with the Second Amendment, it's abundantly clear that sovereignty is
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with the human, the person. It says that the right
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to bear arms. Here are the keywords are going to
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be very confusing to people. Shall not be infringed, shall
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not be in frenched. So shall is a word of insistence. Yes,
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it's like will okay, and infringed. I want you to
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imagine a circle. Okay, And if you're just listening, in
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your car or wherever. Right now, I want you to
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imagine a circle, and it's like a bubble. And something
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hits the edge of that bubble, that's infringement. So I'm
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not talking about coming to live inside of something or
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popping the bubble or taking it completely away. I'm saying
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that even touching the boundary of it is wrong.
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So it is.
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Explicit and clear that the sovereignty over who has arms,
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who can keep and bear them, belongs to the individual
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keep and bear. So keep means I can own, I
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can possess. I can have it in my home, I
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can have it in a vehicle. I could have it
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in my hand. I can so I could store it.
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It is mine to keep and own. And bear means
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I can have it in my arm, in your hand,
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I can use it. It can be an extension or
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a tool, Okay, an extension or a tool of me.
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So they're very being very very explicit and clear here.
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The militia can't bear arms. It's a group of people, right,
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the individuals inside that militia bear arms, And it says
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shall not be in fringe, meaning that belongs, So that
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keeping and that bearing belongs to persons.
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They are sovereign in this decision, not the state.
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Not the state, just because I'm curious. So are there
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any other things like this where the individual is sovereign? Oh?
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Yeah.
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The Bill of Rights is a great document because it
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spells out that every time we make these rights, they
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belong to you.
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So go back one amendment to the first Amendment, and.
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It says very simply, Congress shall make no law, which
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also seems to confuse even the justices in the Supreme
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Court who went to law school. Okay, they can't seem
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to be able to read that part because but one
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of the things in there is your right to peaceably
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assemble or your right to worship. Right, these things belong
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to you as an individual, your sovereign as to how
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they will be used and exercise. Others are not sovereign
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over you as to how they'll be exercised. This is
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explicit and clear.
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I think we should just stop. But Congress should make
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no law and leave it at that. I mean, I
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haven't for a long time anyway. Right, that could have.
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Been the whole Bill Rights. Congress shall make no law
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law that I love it.
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Right, this is about that abstraction again. We've got to
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start talking about the state.
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Yeah, so the state cannot. There's two points I want
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to make about the state real quick. They cannot guarantee security.
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I want you to hear two things I want to
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say about this real quick. When seconds matter, police are
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minutes away, so they can't be there all the time
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for you. That's why you would have an arm, a
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tool that was available to you at the ready. You'd
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be able to keep it so that you could bear it. Okay,
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And then there is absolutely no right to security or
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a response by the authorities if they don't show up.
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You can't sue them for taking too long. You can't
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sue them for failing to show up. Yeah, the Supreme
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Court's already ruled on this. There is no duty or
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responsibility for them to respond, let alone in a timely fashion.
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So the chances that you are on your own in
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a situation and might need to reach for a tool,
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and we called it a tool that I can hold
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that helps protect my life, liberty, and property. That's what
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an arm is. To have that tool available to you
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is to provide for your own security because the state
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cannot guarantee it. And the second thing I want to
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say is the state can absolutely be hostile to your security.
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It can do things to harm you, and it does.
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And so we have tales of police abuse and overreach
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and excessive force. We have tales of war and the
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things that happen in the context of war. And we've
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all seen just this year what the what ice, a
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completely unconstitutional agency has done to human beings, including American citizens.
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So they've shot three of them, now, oh more than that,
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more than that in cars?
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Yes, yes, so the.
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State can be hostile to security, and it doesn't have
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to guarantee you security. Okay, but let's return to this
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question of sovereignty. Let's talk a bit more about this.
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Because there's an article, and this is one of the
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points that you said at the top would be little
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known or rarely understood. This would be the first one
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of those points. I want to go to an article,
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spend a few minutes on this and talk to you
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about an article written by a guy named Gary North,
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who is now to see and there are people who
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do not like him, so just my raising of his
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name will cause some.
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People's hair to stand up.
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I don't believe that when I eat my chicken, I
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don't eat every bit of the chicken. Okay, I eat
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the meat off the bones, and I leave the bones
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and some of the organs on the plate. Right, there's
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only certain parts of the chicken I eat. Okay, you
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don't have to like everything that Gary North ever said,
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you can pick it off. And one of the things
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that he did he wrote to me a mount rushmore
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quality article on the Second Amendment.
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Yeah, it's good. People will take the time. It's worth it.
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It's called in Defense of the Second Amendment. It's five
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pages long and small print.
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That I printed out here.
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But I want to hit just some of the highlights
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that he has here because he is talking about how
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the Second Amendment came to be, why we have it,
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and what it means now, including a really, really super
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important point about practicality. So his argument starts off that
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in the feudal era, knights were the only ones allowed
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to have weapons, and the ruling class above them, peasants serfs,
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did not have weapons. They weren't allowed to have them.
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They also were exempt from serving in war though.
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Well, there the dwars were fought by the people who
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bore weapons, they weren't fought by the peasants.
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Correct, But there's an imbalance that's going on there. Some
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one class has weapons in the other, does it. He
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goes through all of this history in some detail, and
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it's really rather interesting. It's not germane to what we
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need to do here today, except to say that gunpowder,
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the arrival of gunpowder and rifles kind of corresponds to
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the end of an era where peasants are disarmed, where
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powers common people no longer cannot have weapons, and there
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were militaries. He tells this whole story about how as
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guns started arriving on the scene, conscription also showed up,
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and armies started including common people, and they learned how
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to use those weapons, and you couldn't put the cat
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back in the in the bag. Right after that happened,
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this actually then went right along with the right to vote,
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because the levelers show up again in the sixteen forties
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and they say, well, wait a minute, you're putting these
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people out there with guns to fight for the liberty
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the people. You can't take that away from them. They
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have now earned the right to participate in the governing
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and they should be allowed to vote. And so in
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the evolution of these things, I want you to understand
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feudalism goes down, gunpowder shows up. I'm not saying that
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one caused the other, but I am suggesting to you
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that one is on the decline and the other is
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on the upside. And that's probably not completely an accident.
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But as gunpowder and rifles become as arms become a thing,
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and regular people gain access to them, they begin to
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demand the right to vote.
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And so that goes along with it.
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Now, Gary North fast forwards past this point into the
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American Revolution. Do you know how many major battles George
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Washington won, leving you a hint.
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Like two two for those who aren't watching.
375
00:19:04.240 --> 00:19:07.480
Trenton in seventeen seventy six, by surprise in Yorktown in
376
00:19:07.480 --> 00:19:09.200
seventeen eighty one, by the French Navy.
377
00:19:09.559 --> 00:19:11.359
Well, he got credit for things. I don't know if
378
00:19:11.359 --> 00:19:13.799
he actually saw this won them he got credit.
379
00:19:13.640 --> 00:19:17.440
For, yes, But the majority of the American Revolution, the
380
00:19:17.519 --> 00:19:20.000
reason that we won is that other people and other
381
00:19:20.039 --> 00:19:23.319
locations were using guerrilla warfare, and there had been a
382
00:19:23.400 --> 00:19:27.359
deal in warfare previous to the fact that a group
383
00:19:27.400 --> 00:19:32.240
of colonists had guns that you didn't shoot officers. But
384
00:19:32.279 --> 00:19:35.559
we didn't honor that deal. The American colonists did not
385
00:19:35.640 --> 00:19:38.599
honor that deal. In fact, they would see the officers
386
00:19:38.640 --> 00:19:40.799
and they would cause confusion in the ranks by shooting
387
00:19:40.839 --> 00:19:41.519
one of them up.
388
00:19:41.400 --> 00:19:41.960
On a horse.
389
00:19:42.400 --> 00:19:45.319
They were big targets that didn't stay that way very long.
390
00:19:45.359 --> 00:19:47.519
But there was another area of the wharf of the
391
00:19:47.519 --> 00:19:51.640
guerrilla warfare that was highly impacted by this fact, and
392
00:19:51.680 --> 00:19:55.079
that was they couldn't go from the city out into
393
00:19:55.119 --> 00:19:58.440
the country and raid for supplies because they would get
394
00:19:58.480 --> 00:20:00.400
shot along the way either coming are going.
395
00:20:00.440 --> 00:20:03.759
That is, the British couldn't, could not right, they were
396
00:20:03.799 --> 00:20:05.960
basically depending on ships to bring them.
397
00:20:06.119 --> 00:20:08.519
That's exactly it. You got it, one hundred percent. They
398
00:20:09.119 --> 00:20:12.519
had to have supplies shipped in. So now they're sitting
399
00:20:12.599 --> 00:20:15.240
down making the Bill of Rights, and they wrote up
400
00:20:15.240 --> 00:20:18.880
an amendment that was based on this colonist behavior, this
401
00:20:19.400 --> 00:20:22.400
peasant ability to be able to own arms, because nearly
402
00:20:22.440 --> 00:20:26.079
every American did. It was part of being on a farm.
403
00:20:26.240 --> 00:20:29.759
It was part of our culture and society to have
404
00:20:29.799 --> 00:20:33.839
that ability, and it equalized and allowed us to defeat
405
00:20:33.880 --> 00:20:37.640
the strongest army on Earth. Wouldn't be the last time
406
00:20:37.680 --> 00:20:41.920
this happens Afghanistan. For the Russians, so Soviets, Vietnam for
407
00:20:41.960 --> 00:20:43.720
the United States, it wouldn't be the last time that
408
00:20:43.720 --> 00:20:44.759
that kind of thing happened.
409
00:20:45.599 --> 00:20:47.160
Arms are an equalizer.
410
00:20:48.319 --> 00:20:50.759
But the most important point that he makes now in
411
00:20:50.799 --> 00:20:54.759
the midst of all of this history, and I believe
412
00:20:54.759 --> 00:20:56.440
I marked this, so I would like to quote it.
413
00:20:57.079 --> 00:21:00.000
The citizens of the United States are so far removed
414
00:21:00.119 --> 00:21:02.799
from the citizens of the American colonies in seventeen seventy
415
00:21:02.799 --> 00:21:07.200
six that it would be inconceivable to organize a military
416
00:21:07.240 --> 00:21:10.799
resistance to the central government. I do not suggest that
417
00:21:10.880 --> 00:21:13.279
this be done. I do suggest that there is a
418
00:21:13.319 --> 00:21:16.720
relationship North goes on right between the ownership of firearms
419
00:21:17.160 --> 00:21:20.759
and the assertion of political sovereignty. I do insist that
420
00:21:20.799 --> 00:21:23.359
the right to keep in bare arms is a symbolic
421
00:21:23.480 --> 00:21:28.759
affirmation of the ultimate political sovereignty of individual citizens over
422
00:21:29.000 --> 00:21:32.759
the central government. This was understood in seventeen ninety and
423
00:21:32.799 --> 00:21:36.519
it should be understood today. And he concludes, I do
424
00:21:36.599 --> 00:21:37.880
not think it is.
425
00:21:40.039 --> 00:21:42.839
Based on the facts. That seems like a reasonable conclusion
426
00:21:43.359 --> 00:21:43.599
to me.
427
00:21:44.720 --> 00:21:47.880
I agree, So please not like there's these weekend warriors
428
00:21:47.960 --> 00:21:50.240
or these people that fantasize like, oh, well, we could
429
00:21:50.279 --> 00:21:52.480
stand up to the government, and that's why we have
430
00:21:52.599 --> 00:21:53.279
these arms now.
431
00:21:53.319 --> 00:21:55.000
The central government's pretty well armed.
432
00:21:55.240 --> 00:21:56.880
And it wouldn't be a good thing if we did,
433
00:21:57.000 --> 00:21:59.160
or that's the way we handle things. There's all kinds
434
00:21:59.160 --> 00:22:01.119
of things we'll get to work one that Frederick Douglass
435
00:22:01.160 --> 00:22:04.079
noted in a moment. But there's all kinds of things
436
00:22:04.200 --> 00:22:06.599
ways that we can respond in the system that we have.
437
00:22:07.119 --> 00:22:09.920
But we act freer because of it. And I want
438
00:22:09.920 --> 00:22:12.920
to make a direct comparison. I'm hoping to have a
439
00:22:12.960 --> 00:22:15.680
guest on a future episode who was in Australia during COVID,
440
00:22:16.920 --> 00:22:21.200
Because in Australia you could not The lockdown lasted for
441
00:22:21.279 --> 00:22:26.640
over five hundred and fifty days, and the lockdown rules
442
00:22:26.759 --> 00:22:28.559
said that you had to stay within a certain distance
443
00:22:28.599 --> 00:22:30.920
of your home and you could only go out for
444
00:22:31.039 --> 00:22:34.559
a certain short period of the day for reasons that
445
00:22:34.599 --> 00:22:37.880
had been approved. So you're basically imprisoned in your own home.
446
00:22:37.960 --> 00:22:41.559
And if you questioned this on social media, you or
447
00:22:41.599 --> 00:22:48.319
you protested, you could be physically harmed, including arrest and charge. Now,
448
00:22:48.640 --> 00:22:51.240
why did this happen in Australia. Australia doesn't have a
449
00:22:51.240 --> 00:22:54.599
Second Amendment and they had already confiscated a significant number
450
00:22:54.599 --> 00:22:57.759
of the guns so I'm suggesting that North is right
451
00:22:57.799 --> 00:23:00.960
that this symbolic representation. There's some thing about the fact
452
00:23:01.200 --> 00:23:04.880
that you can have a gun that makes all the difference. Here,
453
00:23:05.279 --> 00:23:07.920
here's how he words it at the conclusion of his piece,
454
00:23:08.880 --> 00:23:12.759
firearms are marks of political sovereignty. North rights they should
455
00:23:12.759 --> 00:23:16.119
be defended on this basis, not on the basis of
456
00:23:15.720 --> 00:23:20.359
some hypothetical revolution which is not going to take place.
457
00:23:21.039 --> 00:23:24.000
I am saying that such a revolution is not necessary,
458
00:23:24.039 --> 00:23:27.960
he continues, precisely because the people do possess the right
459
00:23:28.039 --> 00:23:33.039
to keep and bear arms. We will put that article
460
00:23:33.119 --> 00:23:34.799
down in the show notes so you could read the
461
00:23:34.799 --> 00:23:38.960
whole thing for yourself. I think that conclusion is one
462
00:23:38.960 --> 00:23:41.480
of the most important things that's been written by anybody
463
00:23:41.680 --> 00:23:44.440
anywhere on the Second Amendment.
464
00:23:45.799 --> 00:23:48.400
I also want to talk about an old friend. I'll
465
00:23:48.440 --> 00:23:49.640
not talking to him in yours.
466
00:23:50.359 --> 00:23:52.640
But Larry Pratt ran gun owners of America for a
467
00:23:52.759 --> 00:23:57.519
long time, and he saw the Second Amendment as an
468
00:23:57.680 --> 00:24:00.200
essential right. Now, what do I mean by that. I
469
00:24:00.200 --> 00:24:03.599
don't mean that what you might think. I mean that
470
00:24:03.640 --> 00:24:06.559
he thought that it connected to everything else, kind of
471
00:24:06.599 --> 00:24:09.319
playing off of what North just said. And this is
472
00:24:09.400 --> 00:24:13.119
the second point that I think is rarely understood that
473
00:24:13.759 --> 00:24:19.680
the individual right to own and control tools was inherent.
474
00:24:20.359 --> 00:24:23.440
It's a capitalist right, it's a First Amendment. The Second
475
00:24:23.480 --> 00:24:26.119
Amendment defends a first set of First Amendment rights. It
476
00:24:26.200 --> 00:24:29.880
defends a host of other rights. It reinforces and says
477
00:24:29.920 --> 00:24:33.680
out loud, we are free, and we can not just
478
00:24:34.079 --> 00:24:38.599
bear but keep. We actually can have things. And these
479
00:24:38.680 --> 00:24:41.480
rights are things that we own. They're part of us
480
00:24:41.519 --> 00:24:46.240
as persons. They define us as essentially a person. And
481
00:24:46.599 --> 00:24:49.640
so he believed that his organization. We worked with him
482
00:24:49.640 --> 00:24:51.559
several times over the years when I was running Downsize
483
00:24:51.640 --> 00:24:56.079
DC full time, we worked with him on a still
484
00:24:56.160 --> 00:24:59.240
do with Gun Owners of America. He's pretty much Larry's
485
00:24:59.279 --> 00:25:03.039
retired now, but we worked with him again and again
486
00:25:03.039 --> 00:25:05.079
and again. He was one of our partners, and we
487
00:25:05.079 --> 00:25:08.880
took a case on campaign finance restrictions Paul VFEC, all
488
00:25:08.920 --> 00:25:12.200
the way to the US Supreme Court. So he saw
489
00:25:13.160 --> 00:25:16.319
his Second Amendment defense is not just guns. He wasn't
490
00:25:16.359 --> 00:25:20.039
just a gun rights organization. It was a human rights organization.
491
00:25:20.519 --> 00:25:23.839
And this was this if his approach was, if we
492
00:25:23.880 --> 00:25:25.720
don't have the right to keep in barns, what do
493
00:25:25.759 --> 00:25:29.319
we have? It's the door to as far as he
494
00:25:29.359 --> 00:25:31.599
was concerned, to all others, it connected.
495
00:25:32.960 --> 00:25:35.559
So would he say that the right to keep in
496
00:25:35.640 --> 00:25:42.279
bear arms is like somehow over all the other rights
497
00:25:42.279 --> 00:25:43.559
that we have to keeping bear stuff.
498
00:25:44.119 --> 00:25:47.200
He would say it was essential and it was illustrative
499
00:25:47.240 --> 00:25:48.200
of everything else.
500
00:25:48.720 --> 00:25:49.200
I think.
501
00:25:49.559 --> 00:25:51.559
So it's like a it's like a symbolic right, but
502
00:25:51.680 --> 00:25:54.960
it's not symbolic because it's it's real. Yeah, but and
503
00:25:55.039 --> 00:26:01.079
actually own things underneath that umbrella. Court might one day
504
00:26:01.079 --> 00:26:03.640
be asked to decide when are not owning pets, you know,
505
00:26:04.119 --> 00:26:05.279
to keeping bear pets?
506
00:26:06.240 --> 00:26:07.079
Yes, you know.
507
00:26:07.240 --> 00:26:13.240
Yes is enumerated, but not enumerated specifically by name, implied
508
00:26:14.119 --> 00:26:15.880
by the enumeration of getting bare arms.
509
00:26:16.039 --> 00:26:16.359
Yes.
510
00:26:16.920 --> 00:26:19.319
Yes, I'm stretching here, but.
511
00:26:20.160 --> 00:26:21.079
I think you're on track.
512
00:26:21.119 --> 00:26:22.920
And I think the other thing that's obvious in all
513
00:26:22.920 --> 00:26:24.039
of that is, at the end of the day, if
514
00:26:24.079 --> 00:26:26.240
they just simply are going to target us and say no,
515
00:26:27.079 --> 00:26:29.759
and we as a people say wait a minute, you
516
00:26:29.799 --> 00:26:33.000
shouldn't have done that, that enough of us could form
517
00:26:33.039 --> 00:26:36.680
a militia and resist. I'm cognizant of the point that
518
00:26:36.720 --> 00:26:38.640
I think it's no, there hasn't been a moment to
519
00:26:38.680 --> 00:26:42.559
do that in our lifetimes. As Gary North just pointed out,
520
00:26:42.799 --> 00:26:45.720
it would be unwise, it would not be shrewd, but.
521
00:26:46.559 --> 00:26:48.680
There's something about having that kind of says yes.
522
00:26:49.079 --> 00:26:52.440
So I'm talking to a retired now the retired deputy
523
00:26:52.440 --> 00:26:55.319
Shaff one day and I knew this guy well enough
524
00:26:55.319 --> 00:26:57.880
to have this conversation, and I asked, if he got
525
00:26:57.920 --> 00:27:01.160
an order to go door to door and confiscate weapons,
526
00:27:01.160 --> 00:27:01.720
would he do it.
527
00:27:02.200 --> 00:27:04.680
He's a big man. He wobbled and almost fell over.
528
00:27:05.640 --> 00:27:08.480
It hit him like he's like, oh well, He's like,
529
00:27:08.480 --> 00:27:12.200
my job requires me to follow orders, but it would
530
00:27:12.240 --> 00:27:15.079
go against my values and I'd be worried. This is
531
00:27:15.079 --> 00:27:16.880
what he said, that I might not make it home
532
00:27:16.920 --> 00:27:21.400
one night if I did that. I am suggesting that
533
00:27:21.400 --> 00:27:24.440
that concern on his part is healthy, and it was
534
00:27:24.519 --> 00:27:27.880
missing in Australia during COVID, and it's missing. By the way,
535
00:27:27.920 --> 00:27:30.319
Bill as we're getting into the next point, and makes
536
00:27:30.319 --> 00:27:34.279
a great segue in the issue of slavery. Slaves are
537
00:27:34.279 --> 00:27:39.480
prohibited from having weapons.
538
00:27:39.640 --> 00:27:43.039
This show is brought to you by the Zero Aggression
539
00:27:43.160 --> 00:27:47.079
Project app newsletters subscribers get alerts when each episode is released.
540
00:27:47.359 --> 00:27:49.839
The zapp website is also the pathway by which You
541
00:27:49.880 --> 00:27:52.319
can contact us by email and support the show. This
542
00:27:52.880 --> 00:27:56.319
program operates thanks to tax deductibles APP contributions, and we
543
00:27:56.359 --> 00:27:59.640
appreciate your support. So zapp the state and to have
544
00:27:59.640 --> 00:28:09.279
a nice day. Gun control is racist. I have heard
545
00:28:09.279 --> 00:28:10.000
this before.
546
00:28:11.119 --> 00:28:13.880
It is true, and I'm going to demonstrate it to
547
00:28:13.960 --> 00:28:17.480
you now. It's inherently racist. I don't want to just
548
00:28:17.480 --> 00:28:22.559
say it's racist. It's inherently, definitionally racist. So this is
549
00:28:22.599 --> 00:28:25.279
the rarely understood point three. You said there were three
550
00:28:25.279 --> 00:28:27.519
points at the top that most people don't know. This
551
00:28:27.680 --> 00:28:29.160
is one of the ones that doesn't tend to get
552
00:28:29.200 --> 00:28:31.599
covered very much. I guess we could say the grace
553
00:28:31.599 --> 00:28:35.000
point arrives early today. Yeah, here's our grace point. Okay,
554
00:28:35.519 --> 00:28:38.160
gun control is racist. I'm going to make a distinction.
555
00:28:38.480 --> 00:28:40.720
I just learned this recently and I can't get it
556
00:28:40.720 --> 00:28:42.519
out of my head. I've talked with my son about
557
00:28:42.519 --> 00:28:44.920
this several times since I saw a video where a
558
00:28:44.960 --> 00:28:47.960
guy described the difference. An African American gentleman described the
559
00:28:47.960 --> 00:28:52.519
difference between prejudice and racism. Prejudice can take a lot
560
00:28:52.559 --> 00:28:55.359
of forms. Joe Biden one day stood up and said
561
00:28:55.359 --> 00:28:57.799
something about how it was amazing how well, Barack Obama
562
00:28:57.799 --> 00:29:00.559
could talk the implication being in kind of his old
563
00:29:00.559 --> 00:29:03.920
man prejudice way that you know, a black man shouldn't
564
00:29:03.920 --> 00:29:06.599
be able to articulate. So well, well, we look at
565
00:29:06.640 --> 00:29:09.200
Joe and we say he's old, you know, he's from
566
00:29:09.240 --> 00:29:12.319
a different time, and we recognize some prejudice there, but
567
00:29:12.359 --> 00:29:16.160
we know that he's not racist, right, He wasn't implying
568
00:29:16.160 --> 00:29:18.160
that Barrock shouldn't be president.
569
00:29:18.240 --> 00:29:19.920
Yeah, there's no hatred involved here.
570
00:29:20.759 --> 00:29:23.920
It's just kind of an ugly, out of date view
571
00:29:24.039 --> 00:29:26.039
that you believe you're better than somebody. There's some kind
572
00:29:26.079 --> 00:29:29.759
of supremacy there, and you're kind of making commentary on it.
573
00:29:29.799 --> 00:29:32.920
Well, this is America, man, that doesn't exist. No.
574
00:29:33.039 --> 00:29:36.519
Prejudice is probably located in every human to some degree.
575
00:29:36.759 --> 00:29:36.960
Yep.
576
00:29:37.039 --> 00:29:40.359
But racism is a different kettle a fish. It is
577
00:29:40.480 --> 00:29:44.440
prejudice plus policy. Let me say that again. Prejudice plus
578
00:29:44.480 --> 00:29:48.000
policy equals racism. What I mean is that there are
579
00:29:48.079 --> 00:29:51.079
types of bigotry that are more threatening or harmful than others.
580
00:29:51.200 --> 00:29:54.559
Racism is kind of like the worst. It's basically like, Okay,
581
00:29:55.039 --> 00:29:58.319
I have prejudice and as a result, I'm willing to
582
00:29:58.359 --> 00:30:02.880
activate the government or some other violence against humans to
583
00:30:02.960 --> 00:30:06.480
keep them from living, enjoying their life, their liberty, or
584
00:30:06.480 --> 00:30:07.440
their pursuit of happiness.
585
00:30:07.519 --> 00:30:07.960
Right I am.
586
00:30:08.000 --> 00:30:10.960
You're describing the hoa that towes the car, you know,
587
00:30:11.079 --> 00:30:13.079
that's properly marked and identified, and.
588
00:30:13.720 --> 00:30:19.519
But I'm describing it happening specifically because of some form
589
00:30:19.559 --> 00:30:20.160
of bigotry.
590
00:30:20.359 --> 00:30:22.400
Well, then there's the hoa that won't let people of
591
00:30:22.440 --> 00:30:23.440
a certain skin color.
592
00:30:23.759 --> 00:30:26.319
Okay, there we go, right, there we go. Okay, that's
593
00:30:26.319 --> 00:30:29.039
what racism is. So racism takes everything up to a
594
00:30:29.039 --> 00:30:32.359
different level. In other words, the state, in this particular case,
595
00:30:32.799 --> 00:30:37.359
power gets exercised to advance a prejudice against a class
596
00:30:37.440 --> 00:30:40.400
or group of people's that's racism. We're talking about people
597
00:30:40.880 --> 00:30:43.440
not being able to get you know, having damage done
598
00:30:43.440 --> 00:30:44.240
to them by the state.
599
00:30:44.319 --> 00:30:46.599
Okay, so give me your definition again, just so I'm
600
00:30:46.640 --> 00:30:46.880
with you.
601
00:30:47.680 --> 00:30:51.640
Prejudice plus policy, prejudice, prejudice plus power.
602
00:30:52.599 --> 00:30:55.839
Right, well, prejudice plus force, i'd say, but force.
603
00:30:56.079 --> 00:31:01.720
Right with slaves, the way it looked is they said
604
00:31:01.880 --> 00:31:04.240
they took away reading. They didn't want them to learn
605
00:31:04.279 --> 00:31:07.680
how to read, to keep them disempowered. They didn't want
606
00:31:07.720 --> 00:31:11.720
them to be able to possess any property, let alone arms.
607
00:31:12.079 --> 00:31:14.039
We'll get the arms a little bit more in a second.
608
00:31:14.440 --> 00:31:19.880
They restricted their assembly abilities. Right, So these things were
609
00:31:19.920 --> 00:31:22.640
taking that we consider to be fundamental human rights were
610
00:31:22.680 --> 00:31:26.359
taken away for the power of the people who claimed
611
00:31:26.319 --> 00:31:30.200
to own them, slave owners. When I say that gun
612
00:31:30.200 --> 00:31:34.279
controls inherently racists, I stand on incredibly good ground because
613
00:31:34.279 --> 00:31:38.160
Harriet Tubman, were she here, or Frederick Douglass, were they here,
614
00:31:38.559 --> 00:31:42.839
would agree with me. They know that one of the
615
00:31:43.079 --> 00:31:46.680
main things, all the way back to the Constitution itself
616
00:31:47.400 --> 00:31:52.519
and what defined a militia was defined specifically to keep
617
00:31:52.599 --> 00:31:56.559
them on the outside because of their skin color. These
618
00:31:56.559 --> 00:32:00.240
were a set of powers that were granted as rights
619
00:32:00.319 --> 00:32:05.720
to free white people, free white men in particular. Okay,
620
00:32:06.200 --> 00:32:08.400
so we progress, and we can say that we can
621
00:32:08.519 --> 00:32:14.680
if we take out the power, the policy, the force,
622
00:32:15.160 --> 00:32:16.359
like if we can pull that out.
623
00:32:16.839 --> 00:32:18.519
Harriet Tubman used arms.
624
00:32:18.519 --> 00:32:20.519
She took arms with her when she went to liberate
625
00:32:20.559 --> 00:32:24.079
slaves by the way, which she did several quite a
626
00:32:24.079 --> 00:32:30.279
few times. And Frederick Douglass initially believed that the Constitution
627
00:32:30.519 --> 00:32:31.759
was a racist document.
628
00:32:32.400 --> 00:32:34.200
He agreed with William Lloyd Garrison on this.
629
00:32:34.319 --> 00:32:40.720
But Lysanders Spooner, famous marka anarchist one of the first
630
00:32:41.039 --> 00:32:47.119
a hero said, No, that right belongs to every person.
631
00:32:47.200 --> 00:32:49.319
The fact that it spells out that a human right
632
00:32:50.200 --> 00:32:53.920
exists there means it applies to everyone. It's no accident
633
00:32:53.960 --> 00:32:56.720
that they're taking it from you. They are dehumanizing you.
634
00:32:58.119 --> 00:33:02.000
He needs three essential arguments. One, the possession of arms
635
00:33:02.920 --> 00:33:08.160
was incompatible with slavery. Two, it was a natural right
636
00:33:08.279 --> 00:33:11.640
and thus illegal to disarm a human the right itself,
637
00:33:11.720 --> 00:33:15.079
that second Amendment was evidence of why the Constitution was
638
00:33:15.119 --> 00:33:18.160
a document opposed to slavery. They could begin to use
639
00:33:18.200 --> 00:33:20.960
that document that way. And it wasn't just Frederick Douglass.
640
00:33:21.279 --> 00:33:24.400
As time goes by, another African American shows up on
641
00:33:24.400 --> 00:33:26.880
the scene named Martin Luther King Junior, and he too
642
00:33:26.960 --> 00:33:29.359
points back to the founding documents and says, you are
643
00:33:29.400 --> 00:33:31.759
not living up to your creed. You were not living
644
00:33:31.880 --> 00:33:34.640
up to the contract you spelled out in writing. So
645
00:33:35.000 --> 00:33:38.240
Spooner is pointing the way, and Frederick Douglass goes, holy crap,
646
00:33:38.279 --> 00:33:42.200
I agree. And three the third argument, it's hard to
647
00:33:42.279 --> 00:33:50.519
keep armed men enslaved. It's hard to keep armed men enslaved.
648
00:33:50.799 --> 00:33:53.640
So these were the three arguments at Spooner made. Douglas
649
00:33:53.720 --> 00:33:59.200
was moved by Lysander Spooner's arguments, and he goes further.
650
00:34:00.200 --> 00:34:04.359
He makes two more First, he maintained that marginalized groups
651
00:34:04.400 --> 00:34:08.119
required physical means of protection, so he viewed arm self
652
00:34:08.159 --> 00:34:14.360
defense as a fundamental necessity against post emancipation racial violence.
653
00:34:15.599 --> 00:34:18.400
Blacks in the South experienced tremendous violence, and part of
654
00:34:18.440 --> 00:34:20.800
how that was able to be carried out was the disarming.
655
00:34:21.159 --> 00:34:23.599
The origin of gun control laws in the United States
656
00:34:23.679 --> 00:34:25.800
was to keep guns out of the hands of black people.
657
00:34:26.960 --> 00:34:29.199
And two after the.
658
00:34:29.199 --> 00:34:32.159
Civil War, Douglas famously stated that securing true freedom, I
659
00:34:32.199 --> 00:34:35.280
love this line. I love this here's a guy that
660
00:34:35.400 --> 00:34:38.400
gets it. Okay, this applies no matter where you're at
661
00:34:38.440 --> 00:34:40.400
on the libertarian spectrum. By the way, you could be
662
00:34:40.400 --> 00:34:42.119
all the way to anarchists and still agree with this.
663
00:34:42.440 --> 00:34:45.239
Securing true freedom for newly freed people required three pillars.
664
00:34:45.239 --> 00:34:47.480
The ballot box, the jury box, and the cartridge box.
665
00:34:48.400 --> 00:34:50.920
The cartridge box being the way you carried the way
666
00:34:50.960 --> 00:34:56.840
you loaded the bullets into the ammop Okay, and so
667
00:34:57.119 --> 00:34:59.239
the fact that you could vote, the fact that you
668
00:34:59.400 --> 00:35:02.199
had a right to a jury, and that you by
669
00:35:02.199 --> 00:35:06.079
the way you could void a bad case, like the
670
00:35:06.159 --> 00:35:09.119
jury could nullify the case that's in front of them.
671
00:35:09.480 --> 00:35:12.280
And the cartridge box. These were the things that you get.
672
00:35:12.559 --> 00:35:14.880
And by the way, I hear echoes of Larry Pratt.
673
00:35:15.159 --> 00:35:18.960
I just spoke of guns America moments ago in this statement. Right,
674
00:35:19.480 --> 00:35:24.599
this right is part of the whole humanity picture. And
675
00:35:24.639 --> 00:35:25.960
if we go back all the way to the beginning
676
00:35:26.000 --> 00:35:29.559
of the show, this was essential to life. It was
677
00:35:29.599 --> 00:35:32.400
a self defense was a very very fundamental right.
678
00:35:32.800 --> 00:35:37.159
Something interesting to me is that they instead of saying
679
00:35:37.440 --> 00:35:41.559
self defense is fundamental, the framers put it into context
680
00:35:41.599 --> 00:35:44.360
that was concrete.
681
00:35:44.639 --> 00:35:49.159
Oh I like that, right, yep. They said that to arms,
682
00:35:49.199 --> 00:35:50.119
they said, this is what it is.
683
00:35:50.360 --> 00:35:57.679
You got a gun. That's a fundamental tool of liberty.
684
00:35:57.840 --> 00:35:58.199
Okay.
685
00:35:58.320 --> 00:36:00.599
So to wrap up our point, real, SI, I just
686
00:36:00.679 --> 00:36:06.079
want you to remember five words. Disarming regular people is wrong.
687
00:36:07.280 --> 00:36:09.440
Not just fire them. Okay. So you mentioned promises up
688
00:36:09.480 --> 00:36:11.360
in the front of the show. Here we got to
689
00:36:11.400 --> 00:36:14.440
deliver on a couple of them. Still, well, the main
690
00:36:14.480 --> 00:36:17.199
one is coming now. It's not just firearms.
691
00:36:17.719 --> 00:36:20.800
Yes, so everybody, and we even slipped into it, both
692
00:36:20.800 --> 00:36:21.920
of us did individually.
693
00:36:22.000 --> 00:36:23.000
During the course of this episode.
694
00:36:23.039 --> 00:36:26.440
We described guns as arms, and this is how everybody
695
00:36:26.480 --> 00:36:29.000
thinks of it in the frame. But I gave you
696
00:36:29.079 --> 00:36:33.199
a definition that said it was a tool of self defense. Okay,
697
00:36:33.599 --> 00:36:36.679
you had a tool that you can hold that means
698
00:36:36.679 --> 00:36:42.440
bear that helps protect your life, liberty and property. Okay,
699
00:36:43.280 --> 00:36:47.480
so what else can you carry? I want to go
700
00:36:47.679 --> 00:36:51.880
back to a story that I first originates in twenty twelve.
701
00:36:52.960 --> 00:36:55.880
We have a Facebook video link to this from twenty
702
00:36:55.920 --> 00:36:57.920
fourteen that I will share in the notes, and if
703
00:36:57.920 --> 00:37:00.039
somebody has a better version of this, they can s
704
00:37:00.360 --> 00:37:03.239
to me and we will replace it. Okay, I'd be
705
00:37:03.280 --> 00:37:05.199
happy to put a better link than the quality than
706
00:37:05.199 --> 00:37:07.639
the one we've got. But it's the story of Marcus
707
00:37:07.719 --> 00:37:14.599
Jeter in Bloomfield, New Jersey. He gets arrested and the
708
00:37:14.639 --> 00:37:17.920
police beat him up. He's got his hands up in
709
00:37:18.000 --> 00:37:21.719
the vehicle, and they accuse him of attempting to flee
710
00:37:21.760 --> 00:37:25.280
the scene, which goes beyond the evidence it's available. They
711
00:37:25.559 --> 00:37:28.599
beat him up even after they have him cuffed, and
712
00:37:28.639 --> 00:37:31.559
they accuse him of attempting. In fact, they've got it
713
00:37:31.599 --> 00:37:34.760
on recording. One of the officers is doing the narration that.
714
00:37:34.679 --> 00:37:37.480
Many police officers do. Why are you reaching for my gun? Stop?
715
00:37:37.599 --> 00:37:40.760
Resisting that type of routine and he takes a beating.
716
00:37:42.559 --> 00:37:45.599
But another cop had come around the wrong way, pulled
717
00:37:45.679 --> 00:37:48.119
up and hit his vehicle, which was not in the police.
718
00:37:47.840 --> 00:37:49.719
Report, actually ran into his car.
719
00:37:49.679 --> 00:37:52.599
Ran right into it, and his camera was on and
720
00:37:52.639 --> 00:37:56.000
it caught all of the activity in reality, not just
721
00:37:56.079 --> 00:37:59.079
the audio recording that they were providing, of the narration
722
00:37:59.159 --> 00:38:02.519
of the cops behavior at the scene. There were three
723
00:38:02.639 --> 00:38:06.320
officers involved in this. First, I want to say Marcus Jeter.
724
00:38:06.760 --> 00:38:10.760
All charges against him were drop when the film came out. Second,
725
00:38:11.079 --> 00:38:18.679
there were three officers who were subsequently tried and found guilty. Orlando, Trinidad.
726
00:38:19.599 --> 00:38:24.760
He was convicted of official mixed conduct, conspiracy, falsifying public records,
727
00:38:24.760 --> 00:38:27.480
and simple assault and received a prison sentence of a
728
00:38:27.519 --> 00:38:33.039
mandatory five years before parole eligibility and legal appeals subsequently
729
00:38:33.119 --> 00:38:37.599
upheld the decision. Sean Corter also got five years for
730
00:38:37.760 --> 00:38:41.480
very similar set of charges, and Albert Sutherland, the third
731
00:38:41.480 --> 00:38:44.920
police officer on the scene, pleaded guilty to falsifying public
732
00:38:45.000 --> 00:38:48.880
records in are in agreement to testify against the other two.
733
00:38:49.239 --> 00:38:54.000
There was a civil settlement that paid Jeter one point
734
00:38:54.199 --> 00:38:57.400
six million dollars for the violation of his federal civil rights.
735
00:38:57.800 --> 00:39:01.239
If the film had not existed, says in this report
736
00:39:01.280 --> 00:39:04.679
that we're linking below, he would have been in prison.
737
00:39:04.920 --> 00:39:07.679
It was not an If it was a definite, there
738
00:39:07.719 --> 00:39:10.639
is no way he would have gotten out of it.
739
00:39:12.440 --> 00:39:17.480
I think this story illustrates a point, and things have
740
00:39:17.679 --> 00:39:21.159
changed even since then that was twenty twelve in such
741
00:39:21.159 --> 00:39:23.639
a way that I say can make a point. It's
742
00:39:23.639 --> 00:39:26.760
a point that I have made in a variety of places,
743
00:39:26.800 --> 00:39:29.800
but never as part of the central dish like it
744
00:39:29.840 --> 00:39:33.079
is today. And it's a point that I've made to
745
00:39:33.119 --> 00:39:36.519
quite a few friends in conversation in more dramatic fashion.
746
00:39:36.599 --> 00:39:38.800
This is the first time I've come to Gray Sarky
747
00:39:38.880 --> 00:39:41.400
and shared this point, and I think it is not
748
00:39:41.480 --> 00:39:45.199
only novel, but revolutionary. And that is the Second Amendment
749
00:39:45.320 --> 00:39:49.840
is about arms, not just guns. The Second Amendment is
750
00:39:49.880 --> 00:39:54.360
about arms, not just guns. I hold in my hand
751
00:39:54.400 --> 00:39:57.559
a device. This is a mobile phone, and on it,
752
00:39:57.599 --> 00:40:01.079
as you can see, is a camera. And it can
753
00:40:01.119 --> 00:40:04.400
film video, and it can take pictures, and it can
754
00:40:04.440 --> 00:40:07.880
record audio and the best that it can do, and
755
00:40:08.679 --> 00:40:12.400
it is a tool that can be at the end
756
00:40:12.480 --> 00:40:14.679
of my arm, it can be part of my arm
757
00:40:14.719 --> 00:40:19.519
it's attached to me, that allows me to bring social justice,
758
00:40:19.639 --> 00:40:24.280
that allows me to protect property. That sends a signal
759
00:40:24.360 --> 00:40:27.639
to people who are working for the state as their
760
00:40:27.679 --> 00:40:31.320
employees that they need to be careful about the violation
761
00:40:31.400 --> 00:40:35.960
of my rights because this exists and it is a
762
00:40:36.039 --> 00:40:39.559
legitimate tool of self defense that does not physically harm people.
763
00:40:39.840 --> 00:40:41.199
So if I pull a.
764
00:40:41.239 --> 00:40:44.239
Gun, which is a valid tool of self defense, and
765
00:40:44.280 --> 00:40:46.559
I shoot it, there will be a whole bunch of
766
00:40:46.639 --> 00:40:50.920
questions about my ability and my wisdom in having done so.
767
00:40:52.039 --> 00:40:55.760
But this does no physical harm. This device that is
768
00:40:55.800 --> 00:40:59.519
a part of me, that is an arm, can provide defense.
769
00:41:00.079 --> 00:41:04.880
Cameras at the scene of market Jeter's to arrest saved
770
00:41:05.199 --> 00:41:10.559
his life and led to a proper civil judgment. Cameras
771
00:41:10.840 --> 00:41:15.400
should be treated with special Second Amendment power. We should
772
00:41:15.519 --> 00:41:23.000
expand our understanding bill of the Second Amendment to include cameras.
773
00:41:23.159 --> 00:41:24.679
Just the ones at the end of our arms, though
774
00:41:24.719 --> 00:41:26.639
not the ones on those poles that are like the
775
00:41:26.679 --> 00:41:29.119
flot cameras scanning the police.
776
00:41:29.559 --> 00:41:32.400
Those don't belong there. I'm talking about your ability to
777
00:41:32.400 --> 00:41:34.880
bear arms. I'm talking about your ability to record a scene.
778
00:41:35.000 --> 00:41:37.559
So I put something in your hand and it's now
779
00:41:37.760 --> 00:41:39.199
an arm or could.
780
00:41:38.960 --> 00:41:44.360
Be could be an arm, and I want to I'll
781
00:41:44.400 --> 00:41:45.360
just throw out this appeal.
782
00:41:45.400 --> 00:41:47.199
Here, are there any lawyers in the audience.
783
00:41:48.079 --> 00:41:51.800
I would like to see a federal law that protects
784
00:41:51.800 --> 00:41:55.239
the individual right to keep cameras and bear that right
785
00:41:55.880 --> 00:42:00.000
to bear the right to record public officials in their duties,
786
00:42:00.159 --> 00:42:03.519
in their in their public duties, the ability to be
787
00:42:03.519 --> 00:42:06.000
able to monitor and record those things.
788
00:42:06.480 --> 00:42:08.639
He wants advice. You want that enumerated, right.
789
00:42:08.719 --> 00:42:09.840
I want it enumerated.
790
00:42:09.880 --> 00:42:12.320
I want and in fact I wanted Congress to speak
791
00:42:12.599 --> 00:42:16.000
because the judicial brands tends to defer that. The way
792
00:42:16.039 --> 00:42:18.480
we should understand the Second Amendment now so that it's
793
00:42:18.480 --> 00:42:21.320
no longer a novel theory, the way we should understand
794
00:42:21.320 --> 00:42:24.360
it is that this device is also on arm. The
795
00:42:24.400 --> 00:42:29.559
ability to film from my phone camera is also an arm.
796
00:42:29.920 --> 00:42:31.880
It is a tool. Let me go back to the definition.
797
00:42:31.920 --> 00:42:34.639
Let's see if it fits tools that I can hold
798
00:42:34.840 --> 00:42:38.280
that help protect life, liberty, and property.
799
00:42:38.880 --> 00:42:43.239
Right. So here it is, and this should be considered
800
00:42:43.920 --> 00:42:47.760
a tool an arm.
801
00:42:47.800 --> 00:42:49.880
This tool right here. So if you're a if you
802
00:42:50.000 --> 00:42:51.239
know how to do this, if you know how to
803
00:42:51.239 --> 00:42:53.760
write this law, and you want to do it. You
804
00:42:53.760 --> 00:42:55.119
want to take a stab at it. You know, I'm
805
00:42:55.159 --> 00:42:56.320
interested in seeing what we could do with that.
806
00:42:56.360 --> 00:42:56.760
I'm interested.
807
00:42:56.800 --> 00:42:58.519
We've got the Congress shall make no laws.
808
00:42:58.559 --> 00:43:01.079
Problem, Congression making no laws.
809
00:43:02.119 --> 00:43:04.039
I know, I know I'm be facetious, okay, but the
810
00:43:04.079 --> 00:43:06.039
bottom lines, they haven't made any laws for a while.
811
00:43:06.239 --> 00:43:10.840
It's all been driven down from the executive for eighteen years.
812
00:43:11.199 --> 00:43:13.960
I would like to see I'm asking right now so
813
00:43:14.039 --> 00:43:16.000
that the Supreme Court has a hook or something to
814
00:43:16.000 --> 00:43:17.880
grab onto you, because they won't do it on their own.
815
00:43:18.079 --> 00:43:20.519
I would like Congress to say, this is what the
816
00:43:20.559 --> 00:43:24.400
situation is. These devices, which, by the way, Ice has
817
00:43:24.440 --> 00:43:26.639
been swiping out of people's hands and beating people up
818
00:43:27.039 --> 00:43:32.159
for filming, and this administration has been backing that it
819
00:43:32.199 --> 00:43:35.199
should not be every government official ought to be put
820
00:43:35.199 --> 00:43:38.679
in their place by this device. They should be following
821
00:43:38.679 --> 00:43:41.719
the law at all times. They should be abiding by
822
00:43:41.719 --> 00:43:43.719
our rights, which are part of the highest law of
823
00:43:43.760 --> 00:43:46.840
the land at all times, because they know these devices
824
00:43:46.880 --> 00:43:47.679
are ever present.
825
00:43:47.800 --> 00:43:49.440
No, we don't need a new law then if it's
826
00:43:49.440 --> 00:43:51.239
already happening, all we need is a case.
827
00:43:51.840 --> 00:43:55.079
No we need Well, that could work too, somebody could
828
00:43:55.079 --> 00:43:58.519
You're right, you're right, somebody could make an argument like this.
829
00:43:59.400 --> 00:44:02.559
I would like to see attorneys begin arguing that there's
830
00:44:02.599 --> 00:44:06.559
a Second Amendment right to bear phones, to bear cameras.
831
00:44:06.719 --> 00:44:09.760
I would like to see that as part of the right.
832
00:44:11.360 --> 00:44:15.679
I mean, we already have and sort of implied rights
833
00:44:15.800 --> 00:44:18.719
because we can visually see we ask witnesses, well, we
834
00:44:18.760 --> 00:44:21.480
saw Jeter and this, and people standing around can say,
835
00:44:21.800 --> 00:44:24.559
you know their version of the story too. That's different
836
00:44:24.559 --> 00:44:27.400
than bearing arms that you're talking about and including a
837
00:44:27.920 --> 00:44:34.239
recording device, specifically a video camera as an arm that
838
00:44:34.280 --> 00:44:36.880
could be tested right now. Oh we need I agree.
839
00:44:37.079 --> 00:44:40.559
A piece of legislation by Congress would be one way,
840
00:44:41.039 --> 00:44:44.920
and a case that actually made this argument would be another.
841
00:44:44.960 --> 00:44:46.559
And I would hope the Supreme Court would want to
842
00:44:46.559 --> 00:44:49.639
take it up. People could start writing academic articles about
843
00:44:49.639 --> 00:44:53.519
this idea. I think this is a revolutionary theory and
844
00:44:53.599 --> 00:44:56.920
it's a much more peaceful way to hold the state accountable.