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Drinkin‘ Bros Podcast

Episode 1357 - What It’s Like To Sue The ATF

Duration:
1h 22m
Broadcast on:
30 May 2024
Audio Format:
mp3

Second Amendment lawyer Cody Wisniewski of the Firearms Policy Coalition joins the show to talk about what it’s like to sue the ATF, how many lawsuits his organization currently has going to protect gun rights, “laws” about bump stocks and pistol braces, and how states like California and New York infringe on Second Amendment rights.


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In four weeks, the typical Noom user can expect to lose one to two pounds per week. The results may vary. Welcome to Drinking Brows, presented by GoSped.com. Sit back, relax and grab a fucking drink. Yeah, welcome to Drinking Brows, kids. Crazy storms out here in the Texas area. I'm sure you guys have seen them on the news for the last few days, all that other stuff last night was fucking wild. Internet has been in and out today, so we apologize to our normal viewers on Patreon. It's not going to stop us from giving you a banger of a show though today. Mr. Wizniewski. How you doing? Pleasure to meet you, sir. Nice to meet you as well. Pleasure to meet you. Are you surprised that I got the last name right? You're dead on. That was perfect. Is it weird that I forgot the first name? No, that's okay. Dance that I would fuck it up and I was like, no, dude, I know Wizniewski. He was a tight end for Ohio State, so that last name is stuck with me for a long time. Easy one for me to say. What's your first name? Cody. Cody Wizniewski. There we go. I knew I would fuck it up somehow. You called it. You called it before we went on air today. A lot of crazy shit going on in the world. Real quick updates though on some fun shit that's real if you want to get blackout drunk. Hard AF Seltzer, shout out to Ryan Mills, just picked up some new locations. The spot in Carolina Beach, North Carolina, huge fan of that place. LG Spirits in Lagrange, Texas, Express Stop in Round Rock, Texas, and then the HEB's In Mission, San Juan with Slacko, sure, and then Leon Valley. You from Texas? Go there. Okay, good. Hey, man, I don't know what Slacko is, W-E-S-L-A-C-O, but I'm amped about it. If you live there, go buy some hard AF Seltzer's for us. It'd be great, but you're suing the fucking ATF. Yes, sir. How's that going? It's pretty good. Was it? Yeah, not too bad. Yeah, so we have a, so, you know, I'm the president of FPC Action Foundation, and so I represent FPC, firearms policy coalition, and a bunch of its lawsuits, and a couple of those are, are against the ATF and some of the rules that the administration has issued in an attempt to kind of end run Congress and pass these crazy agency rulemakings that basically bear the force and effect of federal law. Well, it feels like day in and day out, and Dan and I talk about this on the show all the time, they're bending or changing the laws to benefit themselves. And before we went on air, you were talking about a possible outcome for one of these cases, and I think it's important to note that even if these cases get thrown into the court system, you can still lose the case, but then still win in other facets. Tell the audience about that for Biden, for example. Yeah, so, you know, from the administration's perspective, obviously like these rules they're doing, and it's basically redefining federal law, so that the ATF is coming out and saying, we're going to redefine what a firearm means. That's one of our lawsuits, the Vanderstock lawsuit, which is going up to the Supreme Court. By the way, we're doing that with women. Yeah, by the way, the UK did this a while back, and it includes like fucking BB guns and wrist rockets are technically a firearm, like they did this 10 or 15 years ago. Right. Yeah, so this redefinition basically was aimed at, you know, what we would call in the industry 80%, 80% receivers, 80% frames, right, 80% means nothing, but they were What's the other 20% who the hell knows? That's my favorite. Like, we got to get rid of these ghost guns. I'm like, what's a ghost gun? And 80% are like, okay, what's the other 20% asshole, like fucking anger. And so, and that's the thing, right? Ghost guns, these so-called ghost guns was a campaign promise from Biden. It was we're going to ban ghost guns, and they didn't care how they did it Congress, by the way, considered multiple laws and forgive me, civilian, what is a ghost gun? Basically it's this, you know, misnomer that they're applying. It's kind of like a salt rifle or salt weapon. It doesn't mean anything, but what they're targeting is self made firearms. So a firearm that you made perhaps potentially 3D printed, but not also bi parts in a symbol, right? So this dude in New York just got sentenced to a gajillion years in prison for doing what's legal in a lot of other places, right? Yeah. Yeah, it's absolutely ridiculous. Yeah. So, you know, like, so there's ones, you know, you could buy like an 80% AR style lower, you drill it out yourself. Basically you make your own firearm. Okay. Something that, by the way, we've been doing in the United States for since before it was. Hundreds of years. Yeah. I mean, it it's a tale as old as time, but it's basically these firearms that you're a self manufactured and thus they're not purchased through an FFL, they're not serialized. And so it's this big spooky, so-called ghost gun issue when in reality we know that they don't actually have any impact on crime. That's not how criminals are getting guys. Yeah. Take somebody like me. Like I'm horrific with technology and all that other shit, like I wouldn't even know how to fucking do this. And I would imagine that 99% of the general population wouldn't either, Dan, am I off on that? Like, um, no, most people don't even know what the fuck it means, but this, I'm more useful, like he, there's two more useful ways to think about it. One is that this is not how criminals acquire weapons, criminals who use them. That's not how they get them. They steal them out of trucks with punisher logos on them for the most part, right? Yeah. Or they buy them on the black market. Sometimes we'd even know a lot of those come from that. The other, uh, the other point is that this is a, it's an interesting thought experiment. We were kind of talking about it before the show a little bit explained to me exactly how somebody in an office somewhere with a fucking Excel spreadsheet with a serial number on it. Explain how that stops me from committing a crime with a gun. Yes. Right. It doesn't. It doesn't. The only purpose for that is a gun registry, which is illegal. That's federal against federal law, which the ATF is doing anyway, they have billions of records because anytime a gun store shuts down, they collect all their records, they're supposed to burn them or get rid of them. They keep them. They have over a billion records. But the only reason for a registry because we know that it doesn't stop crime is to set up the possibility of confiscation or at least intimidate people with the idea of confiscation at some point. Mm hmm. And the big thing is it scares people. So if you pass these, or they're not even passed, right? They're not laws. They're just regulations that are written by an agency published in the federal register. If people can't understand it or don't know what's happening, that's a win for the administration and their gun control agenda, right? Their goal is to make it more confusing, more difficult and harder for you to exercise your rights because then people are less likely to do it. And they also don't know what it means. Oh, they have no idea. And that's the key. So we see that in other aspects of like marijuana, for example, in Texas, there's this, you know, Texas is fucking super archaic with their bullshit here. No gambling. Yeah. For like for real, where it's like it's legalized in all 50 states, they haven't legalized it for this state, marijuana. So then they got around that with Delta eight, Delta nine. Yeah. So what they were signing and all the bills and all this other shit. So it sounds like it's a similar path with with this where you don't really know what it is. You don't really know what you're signing. And then you could kind of push it through and then get them later if you wanted to on this technicality of this loophole over a law that nobody knows actually exists. Yeah. And one of the things we had Michael cargo on not too long ago, right? To talk about the bump stock ban, but one of the ones that he's working on is the pistol brace ban, right, which is again, the bump stock thing was an EO from Trump, right? The pistol brace thing was not of the, it was in the executive branch, but it was by the ATF. They don't, and in the OSHA case from 2022 about forced vaccination is precedent that says that these three letter agencies don't have the right to create new laws. They don't have a right to turn a law abiding citizen into a felon just by changing some fucking ink on paper. They don't have that right, right? But what they did was they did, they did what do you call it, stick and carrot at the same time. Look, oh, just for 200 bucks, you can register that bad boy. It's not a big deal. Then you'll be fine. And then I was like, well, you can suck both of my balls and my dick at the same time. Now, did they? They didn't show up for it. Okay. Unfortunately, but I had them out because you didn't register so they didn't have your address. They've got my address. I have suppressor. So they definitely have my address. Are your dick and balls a lethal weapon? Do you have to register those separately? I mean, anything can be a lethal weapon. Well, Chuck Norris had to register his hands. He also registered his beard, right? Have to. Yeah. Someone would imagine you've probably done the same or at least been asked to. No, I've not registered anything nor would I because that is communist bullshit. Yeah. Yeah, you don't have to and never pulls out never will, by the way, so that's fun. But as you're going along through all this, God damn it. I mean, the first thing that comes to mind when you get into these lawsuits is the expense of it. And then fighting them and then taking on the ATF one, they've got endless money on their side. Yeah, our money. Yes, our own taxpayer money that they're using against us to fight these cases. And you don't really win anything. Most of the people that we've had on the show in the past, when they've tried to tackle these like like cardio on those guys, they're doing it to simply just get rid of the law. But there is no financial gain from that, which is fucking crazy to me. So who is supporting a firm like yours financially to try to take on the ATF? We're all donor funded. So FPC has members, you know, membership is actually relatively inexpensive. You can go and join FPC.org and join and you'll see that. It's all completely grassroots donor funded. People who believe in our mission, people who believe in our work, people who want to fund these lawsuits, people who want to see the ATF get sued more, people who want to see us sue, you know, all of these states over all of this bullshit, you know, gun control agenda. That's how we operate. I would like to get rid of the ATF altogether. Dan's talks about on the show ad nauseam here at this point. Is that ever going to be a possibility? I don't know. I mean, we're definitely trending in a direction. And that's what's important with these lawsuits, right? The goal here is to put the ATF back in its place, to stop it from going beyond what Congress has said it's going to, it can do, right? And that's the problem here, right? Is the ATF's going beyond its statutory authority? Now, getting to the next step of getting rid of the ATF would be absolutely wonderful. But that's not going to happen through a courtroom, right? That's going to be something that's going to have to happen politically. Yeah, with a president or something like that. But the ATF's massive overreach in all of these fucking cases is insane to me. And it happens every single day. Unless guys like you come on a podcast and tell us the story, we don't fucking know about it. Like I didn't know about Cargill's case going to the Supreme Court. What's the biggest one you're working on right now? So our frame or receiver case, which is the case where ATF basically redefined firearm, redefined frame receivers trying to regulate a ton of shit that they don't have the authority to regulate. We just got cert granted in that case, which means it's also going to the Supreme Court. So that'll be argued before the Supreme Court next term, probably in October. Okay. So this is huge, right? So now we'll have the bump stock case will be decided this year. Probably next month would be my guess. They usually save the big opinions for the end of term, so it'll probably come out towards the end of next month. Oh, no shit. Yeah. They know what they're doing. They wait until right before they're going to take summer vacation, then they drop all the big opinions. And then they leave. They dip for a couple months. You got an Antucket. Yeah, they, you know, they left the summer of love, you know, begin and die out, then they go back into work and do it all over again. So, you know, so we'll get the opinion from that next month. And then our case, Vanderstock, that frame or receiver case, will be argued in October. And then, you know, that's, I mean, that's huge, right? That's our opportunity to really push back on this ATF rulemaking. Will the bump stock case help your case if they throw that out, it's going into years in October? Yeah, definitely can. It's a little unique because these cases are all brought under something called the Administrative Procedure Act. The APA, what that is, is that's Congress's rules for the agency. Basically, Congress said agency, you can promulgate regulations, but you have to do it this way. These are the rules you have to follow. When the agency doesn't follow those rules or goes outside of its statutory authority, that's when you sue under the APA. So the bump stock case deals with the federal definition, obviously, of machine gun, right? And whether or not a non-mechanical bump stock falls under that definition. So it can impact our case because it's an APA case dealing with firearms. So depending on what the court says, that might impact us. It also, though, is a different definition. And so if something bad happens in the case, it's not necessarily going to negatively impact us because it's a different part of, you know, federal gun law, basically. Okay. Interesting. All this stuff is extremely fascinating to me. For real. Super in the weeds. Yeah, it's just knowing what it is, how to identify it and address it, and then once you actually have to go through. So let's start with the case you're currently working on. How many years did that take to even get considered for the Supreme Court? So it's been two years. The rule was published by Biden, you know, right when he came into office. They basically, like I said, banning these so-called ghost guns was a campaign promise. So Congress didn't do it, wouldn't pass a law. So he immediately called on Department of Justice and ATF to issue this rule, to promulgate this rule redefining firearm. As soon as that came out, then we filed a lawsuit and it's, this has gone light speed, by the way, two years in like federal high impact is a question. It's quick. Is that because of your firm or just the case itself? Yeah. So no, we, we, yeah. So no, that's super helpful. So we pushed the case really quickly. It was really important to us to get actual relief and get these courts to weigh in on this issue because, you know, we could sit here and talk about APA. We could talk about the rule. But at the end of the day, what this is is ATF made people potentially felons with the stroke of a pen overnight. I mean, there's real people that are impacted by this and that's the important part. And so we needed to get the court and we needed to get relief for those people and the industry and the companies that are producing these products and we needed to do it quickly. So it was important to keep the case moving at all stages. So we actually, you know, we, we intentionally made sure that the case was always moving forward. We actually won. So we won at the district court. We won it. Immediately and part of, I think, explain this to me because I think to be covered under the ruling, you had to be a member of FPC because you, that, that was the standing that you had, right? Explain that. So the, the frame or receiver case was a little different. So the pistol brace case is, was where the injunction was a little bit more limited. So the frame or receiver case, our client, which is tactical machining, one of our clients, tactical machining, which produces 80% AR lowers, you know, again, not a real thing, but just a convenient name. They got an injunction so that they could continue to sell, continue to ship those to people. And this is where the weird part came in though we actually, so we won at the district court, we won at the fifth circuit and then the government went to the Supreme Court and said, hey, we know they won, but let us enforce the law, again, not a law, it's a regulation. Let us enforce our law that's been already struck down below while this case proceeds and the Supreme Court let that happen. So we had an injunction and then we won the case and then the Supreme Court went, well, okay, ATF, you can enforce this while this case proceeds. Why? Well, because there are a bunch of liberal cucks. That's why because Supreme Court because somebody, not well, maybe, but somebody from the White House made a phone call. That's what I understand. Well, I understand the white house. That's how that works. But the Supreme Court is six, three conservatives, so that one's a little shocking to me. So the Supreme Court is very deferential to government. It is government, right? Like it's, it's just another branch and they're really deferential to government. So if the government comes up and says, hey, we lost, but we want to continue to enforce our law, whether it's guns or vaccines or environmental policy, the Supreme Court is just more likely to side with government. And I mean, I think that's a huge problem and it's something that we see in all areas of constitutional litigation. I mean, think about this as a thought experiment, so you have, you have an organization that presides over other people and you're like, you know what, we need an independent tribunal to deal with this just in case they step out of line. So what's going to happen is my organization is going to appoint that independent tribunal. Yeah. Sorry. Wait, I'm sorry. That's it's college football rules, right? Yeah. That's what it is. That's the analogy everybody always makes because, oh, we're conducting an investigation on ourselves and you work for whom exactly who pays your salary. Yeah. Oh, it's the government. Fuck you. Yeah. They're good. I know. That's crazy. That's a day. Oh, Connor, you cunt. You fucking dry cunt. I don't know her. Never met her. Never met her. It wasn't all. I have probably. Oh, you were alive. Nah, sure wasn't, but with all of it, it's all so frustrating. It's all so tedious. It's all so hard to pick apart. It seems like the lawyers get paid in all of this. Maybe you win the case, but then it feels like two weeks afterwards they're going to throw something else out there. It feels like there's never ending fights that will keep people going the rest of their lives and there'll never be a winner. Well, that's why we need the 28th Amendment to the Constitution, which criminalizes politicians violating the Constitution. They should serve jail time for it, right? It's not enough to have the law reversed. They need to go to prison, right? When a group of politicians decide, you know what, we're going to ban this or ban that and it's outside the purview of the Constitution, they should be fucking put in prison, the end, right? Now, to your point about the constant bullshit, we have a sick court system right now. It is awful. It is on. I don't even know if it's on life support. It's like thriving as a sick organization. It's a super spreader of cunt bullshit, you know what I mean? So we have these two major rulings over the last couple of years, Heller and Bruin, right? Which should, these, having to get a permit to purchase a pistol in New York City is still a thing. That is unconstitutional and Supreme Court has ruled on that fact, but it is still being enforced. Yeah. People are still being arrested for it. Correct. That should be impossible, right? That's New York. I mean, we see what's going on with Trump here. Is that nullification? It is nullification. That's correct, which is what led to the Civil War. Yes. So let's do this. Look, we're getting close. This Trump thing's going on in the background here as we wait for deliberations on this. Well, look, if we were going to liberate a particular place first, I think New York City would be the place to start. I mean, that's where the Revolutionary War started. And I love New York, but they have those special little signs in Times Square that says no firearms. Oh, yeah. Well, except for the 10,000 National Guard troops, they just hired. Yeah. But like a sign with a gun, a circle and a gun inside it and a line through it is not a force field. I don't know if you guys know that or not. - I did not actually. - Now you can walk right past it. I do it every fucking day. - New York is not aware. - No, New York is clear that I'm aware. But this is like, it's not that, this is the process of nullification, like literally. But now it's, so there's a difference in nullification, Bob, with regard to slavery, because that nullification was pre-1314 amendment. There's a difference in nullification from marriage equality and weed, like Massachusetts and California did for years. This is a constitutionally guaranteed right. That would be like arresting people for speaking online and saying, "Oh, we're nullifying the First Amendment." That is, those are fighting words to put it lightly, right? - Yeah, and Bob, I just texted you the-- - The picture of his dick. - Yeah, it's my dick. You can put that on screen there. Obviously you use all of it. You're gonna probably have to wheel in the 65 inch. - Yeah, we'll just put these two TVs together. - Yeah, and then we can get to the kind of the shaft at least. But the way the rules are changing here, and this is going on like as we speak here today, because the judge just instructed the jury ahead of their deliberations about what they could rule on, if you're gonna apply this to this case, why couldn't you apply this to any case? Like, do you understand any of this of what is happening here? Go ahead and play this clip, because this could-- - Well, let me ask you about the three choices. And one thing in particular that this judge said that these jurors could do, he just delivered what is being called really the pinnacle of all of this. He said that there is no need to agree on what has occurred. They can disagree on what the crime was among the three choices. Thus, this means that they could split 4, 4, 4, and the judge would still treat them unanimously. What does that mean? - Yeah, well, it's really outrageous because in a normal criminal case, every statutory crime has what we call elements of the offense. Like, in a bank robbery case, it's, you know, you have to rob, it's gotta be a financial institution, you have to show intent. Those are the things the jury has to agree on unanimously that they were proved beyond a reasonable doubt. Here, what we're doing is taking the element that actually makes this a felony, because remember, falsification of records is normally a misdemeanor in New York. What makes it a felony is that you're concealing or committing another crime. And here, the judge is telling them they don't have to agree about what the other crime is under circumstances where that not only is what makes this a felony, what makes it a four-year potential prison penalty rather than a year or less, but it's also what gets us into the courtroom because if this had been a misdemeanor, the time to bring this case would have lapsed in 2019. So the only reason they're still able to bring this case is because it's a felony, allegedly, and yet now the judge is saying, you don't have to agree on what the felony is. - So, if you're changing the rules like this every day. - Yeah, well, this isn't a rule change, this is how before, I think. - Right, and it's a kangaroo court. I don't know, I've seen a precedent for it, I was looking online for it earlier and I found one with a policy on it, but so what they're saying, what this judge is saying is that to have the escalator to make the cover up a felony instead of a misdemeanor, like he said, he has to have committed an actual crime, right? - Okay. - And it has to be in support of covering up that crime that makes this a felony, right? So they don't have to agree on which crime it was as long as a crime occurred. Now again, they haven't tied him to the payout. Michael Coleman lied about all of it, so this is all fucking for not, to be honest, but they're looking to fucking find any way they can. Like in a high-profile case like this, they give the jury more reason to convict like that, is very bizarre, frankly, right? - But it's already happened, even with the aging Carroll case, like the judge said how you raped that girl. - He's like, yeah, you raped that girl, he's like, well the jury didn't say that, they said he didn't, so. - Yeah, so it doesn't really matter, and if you're gonna bend the rules like this every single day in our own court system, this is obviously gonna impact you and your law firm, like what do you even do to this? Like you're not even going up against basic law anymore, basic case law, how do you guys fight that then? - I mean it's, so we don't do too much on the criminal side, we'll join in and help out some people who are being prosecuted for gun crimes or things like that, we predominantly are suing the government, right? And so we're bringing lawsuits, we're representing individuals, organizations, businesses, suing the state, suing the city, or suing the federal government, but that's why it's really important to be strategic, right? It's all about what lawsuits do you have, where are your lawsuits, what things are you suing over, what topics are you talking about? And so we're talking about kind of Heller and Bruin, and that's a little bit of maybe a ray of sunshine, is that we had the Heller case in 2008, which was the first major Supreme Court decision on a gun rights issue, on a Second Amendment issue. And that was the Supreme Court officially recognizing that there was an individual right to keep arms at that time, it hadn't talked about bear. And then for 14 years, courts didn't apply Heller. I mean, we were supposed to be looking at text in history, we were supposed to be looking at what the Constitution meant when it was drafted and ratified, the Bill of Rights in 1791, and instead courts were doing this weird interest balancing where basically they would just find for the government at all times. And so it went like that for 14 years until Bruin happened, and then in Bruin, the court basically just reiterated what it said in Heller. It said, oh, we really meant that you have to look at the text as informed by history. We really meant that what the Second Amendment protected in 1791 is what it protects today, at the end the modern developments of that. And since Bruin, we've had a huge number of wins. We've gotten injunctions against all sorts of different laws in several different states. We're moving the ball forward, and that's what's so important is being able to be strategic about these lawsuits. We have just shy of 60 active cases across the country, dealing with everything from these so-called assault weapons bands, to magazine bands, to carry bands, to 18 to 20 year old carry, like all sorts of these issues across the country. And that's what it's about. It's about kind of creating this groundswell. But then the other side of it is getting public support, right? So FPC is very active on social media. It's very loud and- - When you say support, are you talking about fundraising? - Well, I mean lawsuits cost money. So that's certainly an important part of it. But it's the culture, right? It's people being willing to stand up and exercise their rights. So one of the things that we're talking about in this, pistol brace suit is if these things are, in fact, short barreled rifles, which is what the ATF is claiming, if it's a pistol with a brace on it, then there are millions in circulation. And part of that is because braced pistols became so popular and are so culturally significant that everybody has one. And that's informing part of the case. So having that kind of cultural exercise of rights, right? It's cool to have suppressors now and nods and SBRs, right? Those are things that people weren't buying 10 years ago. And it's completely shifting the conversation that we're able to have in courtrooms. And so that's huge too. And so it's not just about having the right lawsuits at the right time and in the right place. That's incredibly important. The other part of it too is really pushing a culture and making sure that people are understanding what their rights are and exercising their rights, knowing that their right to keep in their arms pre-exists government. It doesn't come from the Second Amendment. You don't have a Second Amendment, right? You have a Second Amendment protected, right? - Rights are enumerated by. That is to say observed, not a given, right? You know what, does that make sense? - It does. And I guess the frustrating part about all of this is it sounds like to me and correct me if I'm wrong. This is going to be a lifelong fight, probably another lifetime and everything else, because the government, well depending upon who's in office, will continue this over and over and over again. And then it's going to take a law firm and then funding and money to say no, guys, this isn't right, this isn't what the Constitution meant. And it's endless, it seems. So when you go to work every day, do you feel hopeful or hopeless? - Are you trying to give me like an existential crisis on like a Wednesday afternoon? Is that what we're aiming for here? - Well, so I'm going to take it from my perspective, right? So like starting a book, for example, I'm on my fifth right now, when you start it, I would say the first 60 to 70%, it just feels so impossible that you're like, I'll never finish this, God damn it, man. What am I doing every day and as it keeps going on? And then finally towards the end, there's a little glimmer of hope and you're like, oh shit, I actually might finish this goddamn thing and it might come out to the world. But in that process, you don't know how long it's going to take you and everything else. That's the frustration that I feel you're in a whole different world where it's like, Jesus Christ, you're going up against the Supreme Court for Christ's sake. So that's got to be entirely different because you know you're not going to have the answer for years and years to come, like at all and you're just fighting every single day and then trying to do it with 60 different cases. That's why I asked that question. Look, you're fighting the good fight. I just don't know why you do it. It's important, right? Like, do we need to take on these fights? We need to stop these governments from passing these crazy unconstitutional laws. We need to stop the ATF from, you know, thinking that it can pass laws by writing up a federal regulation and with a pen and paper, right? Like, that's why it's such an important fight. It's such an important issue. And yeah, I mean, there's times when you get a, you get an opinion and, you know, you lose or it doesn't go your direction and those days are tough. And sometimes, you know, the government files a brief that's complete and utter bullshit and you have to sit and read 60 pages of just like tyrant's drivel, you know, written down on a piece of paper. And those suck, right? Those aren't the fun days, but we get to fight, right? Like, I get to do something about it. We get to empower people to fight back. And that's the big thing, right? Like, it's all about having that ability to fight back and being able to push back. And that's what I love about FPC, FPC Action Foundation, is we get to fight back and we empower people to join with us and fight back. And so that's where I get the energy for it. I mean, I think it's, it's such an important, it's such an important issue. - It is, you just, I guess I'm surprised that there is people willing to tackle it and move forward. Just knowing the process, the legal process, going through a bunch of lawsuits and all this shit. Like, it's just such a daunting task that you're like, holy shit, man. You might have that one day, but it's not like in a Aaron Brockovich movie, where at the end, you know, you're gonna walk out, you're gonna be on the steps and you did it, yeah. And no, you're gonna have 60 more fights right after that Supreme Court hearing is over, probably. - Yeah, but you got to celebrate the victories too, right? There's victories along the way. There's injunctions along the way. There's wins along the way. You know, they might not all be the Supreme Court win that were, you know, aiming to have at the end of this year, but they're all important and they all protect people. And that's the big thing, right? Like, these are laws that are putting people in jail. And so the more of these that we can strike down or enjoy, the more people that we can represent, the more of an impact we have, the more people are able to exercise their rights and the fewer people are put behind bars for doing so. - What's one of your biggest wins that you were personally most proud of? - I mean, I keep coming back to the ATF ones, but getting the injunction in the pistol brace case, in the mock case, that was huge. - I mean, that was a shakedown. That was nothing more than intimidation from the federal government against people exercising their goddamn constitutional right. - And they made it so confusing. The rule doesn't make any sense. And it's almost seemingly by design, right? - Oh yeah, I think it's 100% by all this shit to where it's so confusing that you're confusing the juror or another lawyer or whoever it is to where the waters are so murky that it's like, "Well, you can see what I'm saying," right? And you're like, "I mean, I guess "because I don't understand what the fuck this is." - And people are scared, it scares people, right? Because if you get it wrong, you can go to jail for 10 years. - And that's the most important part of all of this. It scares the shit out of people. And if they don't know these weird loopholes or regulations or things that are passed, they're going to prison over it. And there's nothing that can be done. - Big boy prison. - Oh yeah, not? - No, no. - Not the anti-griefest shit where it's, you know. - Grab the skeleton keys and we'll see in jail cell three, they're going to big boy rape prison. - Yeah, and that's, - I think it's pound me in federal pound me in the ass prison if you're trying to quote office space. - Well, I'm not, I'm not, but I like that actually. But yeah, how many people would you estimate or sitting in jail for laws that they didn't even know? - Oh, I couldn't even begin to guess. I mean, there's thousands, oh, way more. - Really? - Oh, people who just happen to run a foul of something, people who own, that's the, how many people own braced pistols that don't even know that they have a braced pistol because they just went to a gun store and bought it off the wall? I mean, there could be, they're not sitting in jail right now, but there could be, there's thousands, tens of thousands, hundreds of thousands of people who might fall under what that rule is aiming at regulating and don't even know it. And that's the problem with all this, right? Law should be knowable, it should be clear. And this is a step further because it's not even law, it's just an agency regulation. They're reinterpreting their own rules. By the way, they've said for 10 years that braced pistols do not qualify as NFA items. And then with the stroke of the pen went, oh, not only are we changing our position and now saying that braced pistols do qualify as NFA short-brilled rifles, but also they always have. And so for the past 10 years that we've been saying, they haven't, we were wrong. And they just did that with the effective immediately stroke of a pen signed. And that's insane. - And like, take somebody like me who, you know, I know the basics and all that stuff. And I learn a lot from Dan, obviously, but with the pistol brace, first time I even heard about it was crispy. When crispy was on the show, crispy via, and he was talking about it. I was like, what is that? And he was like, well, he's a burn victim. And was talking about how he straps on and, you know, he needs it to go out and shoot and everything. And I was like, oh shit. I was like, and I'm gonna get rid of that. So then what happens to these people? Like, is that what's, what's the alternative here? Like what the fuck are they supposed to do? - And they don't care. - No. That's the thing. And this is all, you know, for the administration, it's a win, win, win, win, right? They pass a regulation or draft a regulation. I keep saying pass. It's not passed. It's just drafted inside. They draft a regulation. It's confusing. People don't understand. It confuses the industry. It confuses people exercising their rights. People stop doing it. - And so they lean on this idea, this ephemeral idea of, well, you don't want to be on the wrong side of this. So just go ahead and do X, which is register your gun and get rid of it or whatever it is to limit your fucking right to protect yourself. - And then they get to, you know, they have their famous or fancy announcement in the White House Rose Garden, where they get to talk about how they're, you know, cracking down on all these gun issues. But in reality, they're not doing anything, but making peaceable people criminals. And then if they win, they go, see, we won. We were right, we can do this. If they lose, - They campaign on it. - They campaign on it. - Yeah, we got to beat Trump. - Blame it on the courts. And so there's, you know, they are perpetually just doing this and talking about it. And it's all, you know, most of it, a lot of it's just campaign ploy, right? This was a campaign, another campaign promise from the Biden administration. - They can't do nothing, right? In the same way that Republicans feel like they can't do nothing on abortion, but they can. They can actually ignore that issue entirely if they want it. - For sure. - They get a completely ignore that shit. - 100% and they should. - They choose not to because they're fucking mongoloids, to be honest, but in this case, the Democrats literally cannot afford to ignore that issue. They would lose every election. 'Cause that is a huge needle mover for them. - But people are fed up. - For some reason it's a huge needle mover for them. I wonder when Americans stopped being able to do basic math, right? So 2%, actually about 1.8% of all homicides are committed with a rifle of any kind, right? Not a salt rifle, not a scary rifle, just a rifle, right? Less than that for what they call on a salt rifle. About 70% occur in inner cities using handguns. You could look into that first. I mean, shit. - Start there. - Yeah, maybe start there where all of the people are dying. You know those people you say that are underserved and you care about, maybe check that out right quick instead of fucking four times a year when some fucking crazy person does some stupid shit, right? - Maybe, yeah, it's-- - And that's-- - Give it a go. - Give it a look at least. - A little peasy. - A little peasy in there. - That's an example of where wins matter, right? So the gun control movement started as a handgun control movement, right? Most of those organizations were called like end handgun violence now. - And it was about the Black Panther party if I'm not mistaken. - Well that was Reagan. - Was it really? - That was Reagan. So when Reagan was governor of California, he signed California's Open Carry Band in place, predominantly because of armed Black Panther. - Did he say, I'm sorry about your Black Panther party. Did he say that at all too, in this speech? - I'm not aware. - I don't know. - Yeah, Reagan, this conservative hero, the guy that banned machine guns remember him? - Oh yeah, trailer just dropped last night, by the way. We're talking about what we want on air today. - Yeah, well maybe he should have tried harder. - Reagan? - Yeah. - He was all over the place. - Yeah. - I bought you a hat, by the way. - He raised taxes in eight of the, or five of the eight years he was in office. - Yeah, I bought you a hat from the Reagan administration. - Is it Reagan Bush? - No, it's Star Wars? - It's a dare. - Oh yeah. - Unless you would dare hats. - I bet you, I'm working on a dare parody shirt for the Brobox right now, actually. - Are you, I actually bought you the real old school 80s one to wear, just for funsies. - I do drugs every day and I can't, and won't stop. - Won't stop. - Yeah, won't stop. What made you get into this? - Oh boy, the short version is I actually grew up in Southern California, so I apologize everybody. - It's beautiful, look man, that's part of the reason why I want the Civil War. It'd be great to have California back. That's one of the states. - We've got to liberate New York first for the commerce and the Statue of Liberty, but second is definitely, we'll start in Southern California, we'll work our way up. - Exactly. - See, like, San Francisco, I used to love, I used to love San Francisco, right? But, come on now. And the hippies north of San Francisco, they're fine. Petaluma, all the way up to Fort Bragg. - They're great, that's just Oregon like that. - They're old school hippies, they're the kind of hippies that are on mushrooms all the time, not the ones that are trying to fucking trans your kids and take your guns away. - And shit in the streets. - I bought drugs in those hippies. - Yeah, that's hippies are great, yeah. - I would like to sit, that's why I'm with the Civil War. I'd like to have California back, I miss it. So, I'm not going to shit on you for it. San Diego is probably the most beautiful city inlands. I mean, obviously, when it's weather wise. - Weather wise, yeah. - Food, all of it, man, the people were pretty cool back in the day, I haven't been in years, but, so that's not bad. Now, it is one of the strictest states regarding guns. I can tell you that. - Yeah, so when I was in law school, I watched my dad go through the process of, you know, becoming a gun owner in California. - Yep, and that was the first time that I owned a gun was in California as well. - And it's a nightmare. - Nightmare, that's crazy. - You know, you have a your 10 day waiting period, you've got your handgun roster, you've got one in 30. So if you buy, you know, you can only buy one gun every 30 days. If you miss your pickup window in that 30 days, you have to retry again. So if you, you know, you pass your background check after 10 days, then you can go and pick it up. But if you don't pick it up in 20 days, then you have to start over. - Yeah. - It's insane. I'm just trying to figure out what you can own. - I know, I had no idea too. And like, as they're explaining it to you, so much shit. You're like, can I just give me a fucking date? Like, and I'll try to figure this out. Like, when can I actually get the goddamn thing? - It's wild. - So while I was in law school, my dad was going through that process. I was sitting in con law and constitutional law. So in law school, you don't really learn the constitution. You learn con law, constitutional law. - Where'd you go to the college for the? - University of San Diego. - Oh shit. - Goddamn dude. - I figured if I had to go to law school and suffer through it, I was gonna do it on the beach. - Yeah, that's really, it's thoughts and prayers. You're suffering there at UCSD. - Yeah, so, so you learn what, you know, these nine justices said about what these nine justices said about what these nine justices said about the constitution. Right, everything's like, you don't care about, you're not taught to care about the constitution. You're taught to care about Supreme Court precedent, which is completely backwards. And that pissed me off to start. So I was in a great mood through all the class, but then. - Well, what do your professors say when you ask them or challenge them on it? - So actually, I was actually fairly lucky. My professor certainly didn't agree with me, certainly wouldn't agree with what I'm doing now, didn't believe anything that I said, but was open to having the conversation. - Okay. - And so she would say, you know, this is what Supreme Court said about this, this is the issue, here's the constitution, like here's the constitutional hook. And then there was a few, there was a group of us, but then she would go, Cody, what do you think about that? And I'd be like, well, I was reading the constitution and didn't see any of this shit in there. So we would have the conversation. So I was lucky on that front. But just seeing how California could treat firearms and treat gun rights, to me it just showed what will happen if we lose that fight. And if we don't put up that fight, because if they can do that to something that was just so obviously protected and so near and dear to the founders and the framers, then when that goes away, what do they do next? What do they take away next? And you lose any check, right? The second amendment is not for hunting, right? The second amendment was designed to protect the individual right to keep them bare arms to protect against tyranny. - Against our own government. - Yeah. - Not against the foreign invasion, against our own government. That's literally the reason for it. Why else would you, like I don't understand why they thought that the framers of the constitution in 1791, right, when they were writing and publishing the Bill of Rights, would have found it in any way necessary to be like, "Well, we want to make sure that hunting is okay." Like nobody was thinking about that. They just thought, they just thrown off the strongest empire in the history of the world, right? Using a bunch of farmers and shit who brought their own, by the way, back in the day. And this is something that extends from Roman culture as well. Like the people that had the right kind of equipment are the ones that joined the army and they brought it themselves. Like the Roman army didn't supply the equipment. - What was it? - These weren't until they started supplying it. Then that's when the Roman Republic got it. - Exactly, yeah. Sometime in the very late part of the second, early part of the first century BC is when that happened. - The time of the Marian reforms. - Yeah, the conscript reforms, yeah. The Marian reforms, yeah. Cody, we got some sponsors to put this show on the air. First and foremost, ghostba.com/drinkinbros. You know it's still 50% off. I know, I know, I know what you're thinking. You said, "Ross, Memorial Day's over." They're having them, no, they're doing it all the time. Doing it all the time. 50% off everything in the entire store. 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Traditionally, you get him that for Christmas or whatever, man. But it's hot out there, and they got new boxers. The 2.0 boxers are great. Designed with simple missions to make the most comfortable boxers a man could buy, and they've got a jewel pouch, right? Wouldn't be manscaped if they didn't have that. So you can tuck your dick and balls away in there, and it's great. Go get 20% off plus free shipping with the code drinkingbros at manscaped.com. That's 20% off with free shipping at manscaped.com. Use the code drinkingbros. Never forget where you came from. If you know what I mean, happy Father's Day from Manscaped. Yeah, so it's like not to fucking get into the goddamn Roman Empire here, but-- Oh, I'm down. I mean, I was a classics major. This is my chance. Yeah, you got to-- do you know Jammy Ryan Slate? I don't think I do. I'll introduce you on Twitter. Awesome. And any-- because he's got a master's in that shit too. So it is the case that most of those dudes brought-- because during Bob, you'll probably remember this, or maybe both of you will, because of the history show. But when Robert Lee signed what do you call it? The treaty, I guess, if you want to call it that, with Ulysses, that's a grant. Part of it was that the soldiers, the southern soldiers, got to keep their side arm, and they got to keep their fucking horse to go back home, right? Yeah. That's part of it. So these people were immersed in a culture where even in combat against a foreign nation, you brought your own gear to the shop, right? Like, they provided you with socks and shoes and a uniform, and that's it. Like, you brought your own gun. In the northern army was like factory supplied. Correct, yeah. But yeah, the southern army was. Yeah, the southern army. But I'm talking about during the revolutionary period period. I just used that as an example, because it lasted 100 years after the fucking revolution. And then the first battle of the revolution was lexinating Concord, right, which was the whole-- they were moving to take a weapons cache. Yeah, they were going after gunpowder. So it's like to take the powder storage. There's no way you can read all of this contextually and think that it was about hunting. That is ridiculous. There's just one dude sitting in there going like, yeah, but what we really need to do is be able to-- I mean, why is it there a constitutional man about ice cream? I like ice cream. They ain't going to take my ice cream away. When was ice cream invented? Chippy is over in the corner. Chippy's fucking drooling out. [INTERPOSING VOICES] We're not taking the ice cream. George Washington actually had an ice cream addiction. Is that what happened? Maybe it's a presidential figure. Is that why you had a sleeve teeth? Yeah, I think, yeah. They brought it out. They brought it out. They're like George Washington just goes out of the back porch with a bowl of ice cream. Oh, God, it was just a-- Are you fucking serious? Yes, he's criminal. Because I almost went broke off his ice cream addiction. Is this for real? I searched when was ice cream invented in the first picture? Look at it. It's George Washington with a bunch of ice cream. God, and you know what's fucked up? And this is-- What the fuck? I had no idea that that was the case. This is a true story too. There was a criminal court case yesterday for a mom who got sentenced because she only fed her baby Mountain Dew. And the teeth rotted out. The front teeth, like Washington's. Like Washington's. Maybe this is real, dude. Germany, theocracy. Oh, yeah, yeah, we brought it out. You mean what, the plants crave? Yeah, with the plants crave. Yeah, that's Mountain Dew, bro. That's Mountain Dew. Toilet, like our water, like from the toilet. That when her ratio stands, it's like water, you mean like from the toilet? But yeah, man, as we're going through all this shit, dude, it seems like it's time for a hard reset. We're winning. We are winning. Does not feel like it. That's fair. I'll give you that. Some days it doesn't. So just going back to handguns, right? So all of this gun control movement initially started with handguns. And then you get Heller. You get that Heller opinion in 2008 where the Supreme Court says affirmatively that, you know, the right to keep arms is an individual right that's protected by the Constitution. And handguns are constitutionally protected arms. Well, there's no more ban handguns now. There's no more, you know, stop handgun violence that ended. So the gun control movement had to completely shift tactics. So now they're focusing on, you know, permits. Now they're there for a long time, right? You had these May issue states that states that basically wouldn't let you get a carry permit without good cause, which one of the cases of getting a carry permit, good cause while so like in LA County, it was a big deal. And actually in San Diego, where we didn't think it would be a big deal, that's where it started with Peralta or whatever, obviously a Peruda. Good cause was like, you've been robbed recently and filed a reply support. Sometimes they would issue for that. If you donated to the sheriff's campaign, that was helpful. Yeah. Really? Yes. That cunt Ahern in Oakland, in what's that county? Alameda County. Alameda. He, if you look down the list of the people that had issued permits, 85% of them were people that had donated to his campaign. And that guy still got a job, right? Yes. Like he should be in prison right now for that. Yeah. Because not only is he denying people their constitutional right, but he's monetizing the process. Yeah. There was a case in New York where a, a famous rock group was applying for their permits and magically. What group dude? I think it was Aerosmith, I think, was the, really, but I don't, Tyler, I don't, he's probably a felon. I, well, that's a good point. It probably was not Aerosmith. I don't remember who it was. I could see him with like a little Derringer. I couldn't see him with anything, you know, big, but they, if it was slash, you'd be like, cool man. It's in the hat. Yeah. Or he's just like, no, time to die. But they literally like sent a limo to the licensing office to pick up the licensing officers and bring them to the concert and then magically they, you know, met the good cause requirement. No, shit. It was all stuff like that. There was, people were denied if they were, if you were a victim of a carjacking that and you went in and said, hey, this is good cause, they denied saying, well, actually carjacking is our crimes of opportunity. So you can't show that you would be a victim of carjacking again. It's unlikely that you would be victimized again, although I lived in, I lived in Oakland and my car got broken into more than Delco's truck. Yeah. Same with man. I lived near a homeless in camp. I lived in fucking Piedmont, which is the nice area, right? But that's the same thing that's going on in Buckhead now. We talked to a bunch of cars. I got three cars stolen in California, but like, so let's take California since you're from there. That's where you're all just started from you and everything else with these gun laws. If you had this crazy, you know, case study out of California that like crimes were down, we proved, hey, man, we proved all this shit works. Great. The worst though. I mean, there's so much goddamn crime in California that what's the reasoning? What's the justification for it? Like, if it was crime was plummeting and everything was fucking flourishing there, awesome. But it's turned into a shithole and it sucks because it is probably the most, the second most beautiful state we have because 88% of Americans agree that there should be universal background change. Isn't that what they say? Yeah, they just, it's not real. I don't know how like so 30% of Americans are die hard, they 30% of Americans own like 90% of all the guns and we have 400 to 450 million guns in this country. So at least 30% are like nah, nah, just give it the old rows of parks and so here's the other part of it. Or so, yeah, one, obviously they don't work the California is a case study and they don't work. Two, I don't care if they don't if they work because that's not the point. You don't get to tell me that I can't own firearms. Yeah. Government doesn't have that power when we created our government. We gave it certain powers. It preventing us from owning the arms that we choose for self-defense for our protection but also protection against our government is not a power that we gave them. And so even if it did work, it's irrelevant. It's a natural human right. You have the right to own the tools that you see fit to protect your life, your loved one, your community and against tyranny. What about nukes? Who, tactical nukes, just like single guy ones. I'm in. Fun, wasn't it? I'm really fun. I'm serious because there is a line somewhere, right? Yeah. And so one of the, you know, there's... Because what's his nuts? Who's that dead dick? The super conservative Justice Scalia that died a couple of years ago, he said even the second amendment is not absolute. And I think he was referring to rocket lodgers and tactical nukes and shit like that. I'll tell you what, if we get to the point where we're, you know, the last lawsuit is over tactical nukes, I'll retire. You guys can take it out of there. No, because I don't think that... Get out of the nukes door, get myself a nuke, hell yeah. I gotta get three nukes to the weekend or I can't get wet. You see Florida, man, he's got a fucking alligator on a leash and there's three tactical suitcase nukes on his back. He's like, "Oh, I'm gonna head back home with my nukes and my crocodile, hell yeah brother." We would, we made it, dude. It is a country. Fuck yeah, dude. You think China would have a chance with us after that? No, I'm dude. Get fucked, China. Yeah. We're getting tactical nukes on alligators, bro. I believe it was the Japanese who said you can't invade America because there's a tactical nuke behind every blade of grass. There sure is. It was Emperor Hirohito and he said a rifle, but yes. I think that's what he should have said because then we nuked them right afterwards. And he said, "A rifle!" He said it like that, too, so. How do they say "Ls"? Yeah, it's tough. A rifle? No, it would be a rifle. Yeah. Man, that's, that's confusing. Isn't it? So were the gun laws, man. I mean, mine as well today is the day for it, but so you got the Supreme Court case coming up. What's another big one you're working on in the country? Because I'm assuming, I don't know, hundreds of people hit you up throughout the year to wrap their case. Yeah. Because they're like, "Hey, I don't have money for this and I'm getting fucked and I'm getting railroaded. Can you guys help me out?" What's another big one around the country that you're working on? So the other big one we've got right now is we sued Illinois over there, you know, so-called assault weapons ban. That basically just bans any semi-automatic rifle. Like, it's so broad. So we sued them and we actually have a petition pending before the Supreme Court, asking the Supreme Court to take that case too. It's been distributed for conference. It's been redistributed twice now, so this would be the third time. What that means, basically, is the justices sit in a room together, the nine of them, and they review all of the petitions that are in front of them, and they decide what cases they want to take. If you take about fewer than 1% of cases that are requested for them to hear, they actually hear. Okay. And so it's really rare to get in front of the Supreme Court, but we've got a petition along with some other groups, several cases that are all together, asking for the Supreme Court to step in on this so-called assault weapons issue so that we can kind of take that next step. Yeah. Right. Heller was handguns. The applicability of the Second Amendment against the States, Bruin is Kerry. Now we've got some of these ATF rule-makings, but again, those aren't Second Amendment cases per se. Those are APA cases. So the next in line would be if the Supreme Court can take one of these arms ban cases and finally weigh in and affirmatively state that just like handguns, you know, semi-automatic rifles are also protected and you can't ban them based on the people- Yeah. Yeah. Yeah. So that's another big one. Then I wonder about not after that, maybe parallel with it is the enforcement of it at the circuit level because like we've talked about this, none of the Heller is for a decade and a half now not been respected by the lower courts, which is fucking crazy to me, right? How are people not being disbarred for that? How do you go to any of the circuit courts and have them rule against what the Supreme Court has already ruled in precedent and not disbar them? Is that not illegal? How does that work? There's, well, yes, I mean as a legislature, as a government, you can't pass an unconstitutional law. Right. But they sit there and work and go, "Well, there's no such--" So how can you make an unconstitutional ruling as a judge and not be penalized for it? Because there's no way to penalize them. What do you mean? Well, so that's how do you hold them accountable? And that's the big problem, right? You can't hold-- you can't hold the politicians accountable right now. Well, a federal judge can be fired, not a Supreme Court justice, technically they can be impeached, which is a process, right? But a federal judge can just be fired, right? But it's all a process. Even looking at this fucking dipshit in New York, this one merchant guy, this guy should be fired. But this is going to go on for fucking ever. So what do you do? So that's why it's important to have several lawsuits, multiple lawsuits, and to be strategic, right? It's important to have different courts weighing in on the issue because you might have the Ninth Circuit come in and say, "No, this so-called assault weapons ban is completely constitutional. You're good to go, California, rubber stamp of approval." But then if you've got another circuit, let's say, you know, coming out of the Third Circuit, which is like the New Jersey area, if you've got that circuit that comes out and says, "No, this is blatantly unconstitutional. This is complete none or bullshit. You can't do it. Now you've got a conflict between the circuits." That makes it a lot more likely that the Supreme Court steps in. And that is something that is really important. It's called a circuit split, basically, and it's something that the Supreme Court looks for because basically what that means to the Supreme Court is, you know, we are inferior courts are, you know, fighting and disagree, and so we need to settle the fight. I was wrong about that, by the way, federal courts require impeachment as well. Yeah. I've got you. Life and good behavior. But then impeachment trials take fucking forever. It doesn't matter how long they take. It requires a fucking super majority in both houses probably to get that done, frankly. It's super difficult. It would be super difficult. And plus you would have to prove that a judge acted, you know, intentionally and knowingly and, you know-- Like with the Heller ruling and the Bruin ruling specifically, how can you not-- how can that not be intentionally against-- It's unconstitutional. Yeah. I'm certainly with you. What they do is they go and they try and grab all these little exceptions. They try and grab these little, you know, sentences and say, "Well, we're going to interpret this to be a lot broader than this." One example. So in Heller, right, there is this language that certain regulations were going to be deemed presumptively lawful. And so they've-- The fuck? Yeah. Well, it was like-- That's the inverse of the way our justice system works. Yes. Like the citizen has the presumption of innocence. Not the government, the presumption of lawfulness. Yeah. That's-- So the court basically said certain restrictions, like, you know, certain sensitive areas, so-called-- There's just different definitions. No, no spots. No, no spots. Yeah. That's what Michael Jackson used to call him. Oh. Well, I don't-- I don't think that's how that worked out for him. I think he called-- He called him a yes, sir, spots. Well, he was, but, you know, obviously the kids weren't. But yeah. So the-- these governments will, like, latch on to that language, and then they'll try and move under that. And the judges, you know, latch on to that language. So-- but again, since Bruin, it's been completely different, right? We've had massive wins since Bruin. The courts are actually-- most of the courts are actually applying-- Probably not the ninth circuit. Well, they're Bruin. No, no. So we are-- I mean, we've gotten several wins in California at the district court level. Yeah, yeah. And then the ninth circuit steps in and-- Shoots it down. Yeah. Yep. Well, I mean, if somebody is in charge-- again, I think this applies. I think once the Civil War is over, we add the 28th Amendment. And that is if you're an elected or a judge or something like that and you willfully violate the Constitution, you go to prison for the rest of your goddamn life. At a minimum. Isn't the 28th Amendment the purge amendment? That would be dope. Yeah. I like that sound-- whoa! That's fucking good. And you play the purge noise? That'd be great if we could hear that, dude. And don't-- wait, we're on Patreon, right? Yeah, we're on Patreon. Because he's probably going to play Nick Milpiedetty, to be honest. Well, it's too late. I can already see what he's gone in through here. Bob made the mistake of not bookmarking it, so now I'm on to him. I think it keeps getting taken down off Twitter. That's the problem. Thank God, dude. Well-- I don't need to hear it. I like the purge noise a lot. We can just add that to the fucking board, you know? That's not it. Thanks a lot, Bob. You're-- God damn, Bob. What's the word for it? Trump knows it. You're fine. You're fine. You're fine. Yeah. A lot of good people on both sides. It's just not behind the producer desk. Yeah. You don't have-- I mean, it's just the fucking purge, dude. There we go. There we go. The ex-some fucking psycho put it on for an hour straight on YouTube. Good for them. Yeah, dude. I like how-- I'm fighting. --the company Monday ran an ad on it. Yeah. That guy was not having a good Monday. There we go. This sound gets my fucking dick hard. Same here. So if the Trump verdict comes in as guilty, just play this throughout the country and let's fucking go. Everybody screw on your suppressors, Bob. Let's get rid of you. He's fucking doing it. You even need a suppressor. I mean, it's good to hide your position, to be honest. Yeah. Oh, that's what would happen, dude. Just crank that up and then let's go. That's fucking go. But yeah, that's why I asked you that question earlier in the show of like, man, do you feel like you're winning it all every day? Because it's-- hey, look, you know, behind the scenes before we start the show and all this stuff, we usually chat with a guest and you're a very positive, upbeat person. And I think in this field, it requires that because otherwise you just get so frustrated, you become me and just eventually hate everyone and everything all the time and you're just like, holy fucking Christ, man. There's right and wrong and that's it and you guys aren't doing anything right. And then it would make you want to care it in yourself, you know, paint your face like a gay show, strangle bait in the closet and just kind of end it. Paint ceilings, yeah. Yeah. Yeah. Yeah. I mean, we have wins. We're fighting for people. We're fighting to end these gun control restrictions, right? Like, and that to me is just so important. It's so important to take on that fight, so important to do that that it keeps me energized most days. I mean, there's bad days. They'll give you wrong, right? Like I said, you get bad orders. You see, you know, bullshit briefs come through and those days aren't as good. But the people are also so energizing, right? Like, when you talk to-- like, when I go out and I chat with people who are supporters are following our cases are following along and they're like, "Hey, man, thanks so much. I live in California. I, you know, I was following along with the pistol brace lawsuit, "Hey, I live in New York." Like, and they're seeing us step in and fight back. I mean, to me, that's huge. And that's really energizing. But at the end of the day, I think it's also important that we're calling out these bullshit politicians who are just sitting in their-- I mean, they're sitting in legislative buildings, being protected by the things that they say that we can't own and we can't possess. And are holier than thou. And I think part of that too is they try and claim the moral high ground, which is complete garbage, right? They go out and they say, "We're doing this to protect you. We're doing this to save you." No, no, no, no, no, no. Like, you're making my life less safe. You're removing my ability to protect myself, my fiance, my house, my dog, in the case of the ATF. And that is offensive. The idea that we're going to seed the moral high ground to these politicians, these gun grabbing anti-rights zealots, like, "I'm not going to play that game. We're not going to do that." And so part of it, look, the people are energizing, the winds are energizing, but the other side of it too is calling those guys out for what they're doing is hugely important. For sure. I agree with you. It's just-- it's hard to stay positive. And again, I think it takes somebody positive like you in a position like this to get it done. Otherwise, when the goalposts keep moving every single fucking day, it's hard to keep up and you feel like you'll never score a touchdown. That's fair. Yeah. So, look, it's awesome that you're this positive. Dan and I are awful people. I think maybe the 29th Amendment, I'm working on some stuff, should be-- are you familiar what decimation is? Yeah, in regards to what? So in the Roman legions, if your legion acted out-- I think it goes back to Greece, actually, before the Roman legions. I think they may have stolen this from the Greek military. Decimation is if your legion fucks up, if you lose a battle, if you have deserters or whatever, fall asleep on watch, sometimes as a corporal punishment for the entire unit you did something called decimation, which is everybody draws lots and every 10th man gets killed. Oh, no, shit. That seems funny. And I don't know if you notice, but I have this phrase written on my arm and it says, "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." Yeah. Now, make whatever you want out of that. I think you should switch it to Mountain Dew. Just saying. The Mountain Dew of... Yeah. Patience and tyrants. Well, yeah, you get to refresh it with Mountain Dew, or you're going to refresh those trees. It's with the tree's creve. Yeah, it exists. It is. It is. It's definitely not water from the bottom. It's a baja blast, brother. Probably the frozen one from Sonic, if I'm being honest. Oh, boy. Because that way it's a nice little treat. It's... It cools you down to it at some time. It's a hot outside. Yeah. It's going to get hotter. Sure is. Cody, now's the point in the show we get to the drink and bro of the week, which is someone who has inspired you or helped you become the person you are today. Who would you like to give the drink and bro of the week to? Oh, geez. This is a lot of pressure. I wasn't ready for this. Oh, look. I am prepared. George Washington. Pressure creates diamonds. It's like Patrick Henry, you could go back there for founders and framers. He had a famous speech talking about a very, very on point of, are we to be so debased that we can't be trusted with our own arms? I mean, this idea that at that point that the federal government was going to kind of centralize military and not leave it to the states. Which is what Alexander Hamilton was trying to do. As a matter of fact, he tried to lead a revolt on Congress with the generals of the fucking revolutionary army dot, dot, dot. Let's make a play about them. Let's make it sexy and have a rap. Yeah. That'd be fun. I mean, maybe we should try that in courts. We could, we could rap in courts, rap battles in courts, rap battles in court, do you get, do you get tables? Can you fucking? I, this probably would not be my strong suit. I probably should not. You are a white. Yeah. This is not going to work for me. And I'm a lawyer. That'd be fucking awesome. Yeah. Just go old school. Yeah. Yeah. Patrick Henry was good though. And we've talked about a lot of the stuff that firearm policy coalition does, but tell us who it is, right? What the, what the organization is is the 501(c)(4) and how people can become members and get involved in other ways. Yeah. Yeah. That's the perfect plug. Thank you. Welcome. We do this for a living. It's like you guys know what you're doing out here. Do it for a living. Yeah. So, so FPC firearms policy coalition is 501(c)(4) It's a membership organization. You can join FPC at JoinFPC.org. You can go to the website at firearmspolicy.org. You can see all of our work, all of our cases. There's a fancy little tab up there that says our work. Mm-hmm. Super easy. It has every case that's open by circuit court and by state. So they're all easy to find. Okay. Yeah. So you can see what we're doing across the country. You can see everything that's going on. So I run FPC Action Foundation, which is a 501(c)(3). So you know, if you want to support FPC Action Foundation, you can visit us at fpcactionfoundation.org. We make that really easy for you. You can, you know, you can donate. You can support our work. We work together. Right. So we'll represent FPC in these lawsuits and manage FPC's litigation, FPC's a membership organization that has members across the country. And you can put that on the screen, Bob. Is that on the screen? Okay. What if somebody gets either legal or administrative action taken against them and they want to get in touch with you about representation? So there is a button on the webpage you can find to request support to let us know that this is on FPC Action.org. This is on firearmspolicy.org. Okay. Where is it? At the bottom of the page, there's an opportunity to, or there's a place that says like case support requests. Case support requests, yes. So you can go there, let us know what's happening. You know, obviously we're paying attention to what's going on across the country. Bob, it's all the way at the bottom. All the way there. Like beyond that. There you go. It's on the right hand side of that to my column. So there's, you know, you can let us know what's going on. Obviously we're paying attention to kind of what's developing across the country so that we know when these laws are being considered, when governments are looking at passing them. You know, obviously we're following the feds. We're following the ETF. So we keep well apprised of what's going on. And we do as much as we can. I mean, 60 lawsuits is a lot. It's a lot of cases to be managing. It's a lot of cases to be running at the same time, but it's possible because of FPC's members and supporters and donors and the people who believe in the mission, who believe in the work, who believe in the fight. Awesome. Well, Cody was newski. We appreciate you being here today. Thanks for having me. It's great. It's a good, good, weird day, isn't it? You know, just having some, some hardy Fs, some laughs, figuring out life. Both of you guys to invite the lawyer. So I appreciate it. Oh, I mean, I don't obey laws. So yeah, I got to deal with them on a fucking daily basis just for other shit. And it's just, I'm used to it at this point, but man, it's depressing. Uh, you know, there's hope, there's optimism. Look at all those lawsuits. Look at all those, those cases that we got going on. Yeah, Bob, pull that up, go to our work right there. Put that up on screen and look at, just scroll slowly down through this. This is by circle at first, but no, keep going. I mean, there's like pages of this shit, Jesus Christ. Keep going. Keep going. Look at that. Those are all open cases right now. So you guys are the only game in town, in my opinion, with regard. There's some one-off cases like car gills and other stuff like this, but as far as getting the needle moving at the Supreme Court level on any of this stuff, it all happens here. So if you care about your fucking ability to carry guns, you may want to get involved. Absolutely. Thank you for being here today. We greatly appreciate it. Thanks for having me, guys. Go to iTunes, rate the show a five star and leave a quick review. Also, head on over to Spotify. It's just a five star, and you can walk away at that point. I have a feeling tomorrow's fake news is going to be a banger. It's going to be for a number of reasons. Remember Joe from Juris? Yes. Oh, Joe, Joe from Juris? It's going to be a fucking show tomorrow, buddy. Is it really? Yeah. I fucking hate her so much. You're going to enjoy this. All right. Can't wait. Appreciate it, kids. For David and Anthony Holloway, I'm Ross Patterson. This is "Drinking Bro's Podcast." Good night, everyone. Spring is in the air at Littleton Coin Company, and we want to help you brighten your collection. Visit us at littletoncoin.com all month long to enjoy 15% off your purchase. With a wide selection of coins, paper money, supplies, and more, Littleton Coin Company has something for every collector's taste. Use promo code spring at littletoncoin.com for 15% off your purchase all month long. Restrictions apply. Littleton Coin Company, serving collectors since 1945.