Monday Gunday

I think Mike Lee's bill is a real stretch because we actually have another what's called constitutional concealed carry reciprocity act bill pending that's already actually been voted out of the Judiciary Committee in the House. It just needs to get a vote on the floor of the House and get sent over to the Senate. But Mike Lee's bill just recently filed, as you mentioned last week, makes it a step further. prevents states from requiring a license or permit to carry a handgun at all, and says that basically all 50 states become constitutional carry under the dictated of the federal government, and states don't have any option but to adopt that under this bill. That'd be fabulous, but that's even, I think, more of a stretch goal than just the reciprocity bill. that is actually a step farther along because it's been passed out of committee. Wow, so you're telling me that if that bill does get passed as little chances you think it does to get past. I mean, like crazy states like New York and California, all those oppressive gun laws would be nullified? Well, the requirement to have a license would be nullified. Basically, if you are not prohibited by state or federal law from possessing a gun, then you can carry a handgun in all 50 states even without a license or a permit. And that, again, mature across coast to coast, you know, border to border. And that would be a beautiful thing. But again, that's a stretch goal, no question. Again, I am not a lawyer. I don't even pretend to play one on the radio here, Guy, but when it comes to arguments like this, okay, on one side, you got folks going, wait a minute, it's right there in the Constitution. You have the right to bear arms. It's a right. But we also are the United States, where states have state rights here. How do we even begin to sort this out? Well, that's where the 14th Amendment really bridges the gap. You know, looking at what southern states were trying to do to deny voting rights to newly freed slaves after the Civil War and looking at civil rights violations that were happening. One thing that the 14th Amendment did, it says that, you know, where states are not appropriately honoring. constitutional freedoms, enumerated in the Bill of Rights, or otherwise protected by the Constitution. It is appropriate for the federal government to come in and order the states to follow the Constitution exactly like the federal government have to. And so there is a historically accurate and I think legally accurate. argument to say that this would be upheld under the 14th Amendment, even though, you know, I agree with you guys. We're all states' rights guys, and I always say the 10th Amendment means what it says, which is the federal government, unless it's been given a particular power and the Constitution doesn't have that power. It's reserved to the states. Well, the 14th Amendment gives the power to the federal government to order the states to comply with a bill of rights.

And so they could do so here with Mike Lee's bill saying that too many states are not appropriately honoring the Second Amendment. And so Congress has the ability to step in in order to do exactly that. Monday, Gun Day with the gun guy, Guy Relfare, joining us here on The Hammer and Nigel show. All right, one of the things we like to have you do is take a national story and then apply it. to us living here in Indiana. And this takes us to West Virginia. You had sent me a story about this bill in West Virginia, and a lot of people have questions about it. The so-called Hughes Amendment of Firearm Owners Protection Act, I believe it goes back to 1986 here, reset what this is about, and then if you wouldn't mind, apply that to us here in Indiana. Yeah, you bet. I've had a lot of questions about this. In fact, I was going to talk about it on my show on Saturday, but I didn't have a show. I got preempted by IU, and so I'm grateful for the opportunity to talk about it here. This is about machine guns, okay? And the Hughes Amendment that you mentioned was an amendment to what was called the Firearm Owners Protection Act in 1986, which actually was intended, as the name suggests, to protect. gun owners in various ways. It provided a safe passage provision for traveling with your gun. That's what actually denies Congress the ability to maintain any kind of registry of guns or gun owners. That's in the Firearm Owners Protection Act in 1986. But the Hughes Amendment, as the name suggests, Senator Hughes at the time came in and offered an amendment that actually restricts civilians' ability. to possess or obtain machine guns. And what it said basically is that if a machine gun was registered and in civilian hands as of May 19th, 1986, that's fine, that could be possessed, it could be transferred. So today, you know, to obtain a transferable machine gun, it has to be one that was manufactured or imported and registered prior to that date in May of 1986. And so, as you might guess, those are becoming fewer and farther between, and the prices are outrageous to find a transferable machine gun. What's the West Virginia bill, and it looks like it's now stalled in the West Virginia Senate, but it got introduced and it appeared to have some momentum for a while. It focuses on an exception in this machine gun restriction, which we refer to as the Hughes Amendment of FOPA, Firearm Motor Protection Act. There's an exception for ownership or transfer of machine guns where it says this shall not apply to a transfer to or by, and it lists various governmental entities. It says United States government, et cetera, et cetera. And then it says to or from a state. And so what that says is a state can still buy and sell machine guns. So the West Virginia bill, get this, actually sets up the West Virginia state government through a new division of their state police out there as a retailer of machine guns. I kid you not.

And so under this, if this were to pass, and I'm sure it would be challenged legally that, you know, that wasn't the intent of the Hughes Amendment, et cetera. But if this were to pass, you could theoretically go in and apply to buy a machine gun. from the West Virginia State Police. That would be legal, including a brand new one. And after this thing got introduced, it was backed by the gun owners of America. Sure. Some other gun rights groups were supporting it. And I got a ton of comment and messages on social media and otherwise emails saying, hey, we need to do this, man. The Indiana State Police need to be a retailer of machine guns. And so I can chuckle about it because I don't think there's a single chance in hell. I'm going to see that in my lifetime. Right. But it's an interesting legal argument to say, hey, if a state can or if they are exempt from this, you know, restriction on firearms, then a state theoretically could set itself up to buy and sell machine guns to the public. Yeah, that's not going to happen, but I would love to see the reaction, right? Next time we have the IMPD chief on. We're just going to blindsider. Hey, I heard you guys are in the business of selling machine guns out of the trunks of your cruisers now. Is that true? Exactly. You know, the Hammer and Nigel show wants to have its own logo on a, you know, I love it. Bolt-fed machine gun, yeah, that's right. So it's kind of fun to think about, but yeah, that's definitely a pipe dream. guy, unless Indiana makes a deep run in the Big Ten tournament or March Madness, if they get there. I don't think your shows are going to be preempted anymore. Tell us about the show and tell us where we can find you. Yeah, I'm on Saturdays 5 to 7. It's PM, The Gun Guy Show. And it's a call-in show. We take calls throughout the entire two hours. So we'd love to have people listen in and call in. And you can find me if you're interested atrelfordlaw.com, Relfordlaw.com. Guy, you're the best. We appreciate you. Thanks, guy. Thanks, guys. It's the Hammer and Nigel show. What is Toyota affordability? It's buying smart. Right now, your local Toyota dealer has great deals available on some of the most reliable trucks on the market, like the off-road ready to coma, rugged full-sized tundra, and legendary forerunner, each with the space, tech, and features to handle it all, from the work site to the trails. It means driving for less, with efficient hybrid options available, extending your overall driving range and delivering great MPGs, meaning bigger savings at the pump without sacrificing power. And it means trading for more. The Tacoma and Tundra are ranked number one and number two in resale value over all vehicles, according to Kelly Boo Book, which can mean thousands more than average right back in your pocket when it's time to trade in. That's Toyota affordability. Buy smart, drive for less, and trade for more. Shop Toyota.com or your local dealer for deals and details.

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