Kamala on Guns: Could She Buy Them Back?

but so um is this I mean does the government have to pay us for these where does the takings Clause come in does it protect us at all does it get worse what are your thoughts um I it gets you better buckle up buckaroo it gets so much worse we are the armed attorneys today we're talking about Camala Harris's stance on gun control we've heard a lot of commentary about this but her campaign office keeps kind of changing what they're doing so we're taking the temperature as of today this is the today position uh but we're going to talk about where she's been what has been said most recently does New York State Rifle and Pistol Association kind of protect us from the Harris and ultimately I mean one of her policy positions is a mandatory gun buyback I don't think the government can buyback things they never owned but we're going to be talking about the takings Clause just a little bit to see where Camala Harris square peg fits in round hole of the Constitution but before we begin share your support for the second amendment by hitting that like button and so we have this quote that keeps haunting Camala Harris but she it's been it got scrubbed from the internet I will say I was I have heard the Audio I could not find it it's it is out there somewhere but not readily available enough for us to find it in time for publication today um because it is largely scrubbed so we have Cala Harris in 20 199 um and she is at a one of those I don't know gun violence forums where they all sit down and they're like let's fix it and it's like not really about the guns at all but it's all the liberal politicians and so guns are sentient I know that's what my that's my like that my that's my noise for gun control a more cat hair so anyway yeah so cat hair is floating everywhere in in the breeze and they are asking the um at that point um the all of the potential candidates for the for what what became Joe Biden's nomination um what you know all what are your gun control bonafides and so Camala Harris is um nowhere on camera anymore I can't find anywhere but here's the quote is talking about a mandatory gun buyback specifically I believe although as Richard says she speaks in Gypsy quotes so it can be difficult to decipher um specifically for the AR-15 style rifle and so here we go uh we have to have a buyback program and I support a mandatory gun buyback program which by the way is the first time I've ever heard a politician say those words ever so like that is how radical left that is yeah um it's got to be smart we got to do it in the right way but there are 5 million assault weapons at least some estimate as many as 10 million and we're going to have to have Smart public policy that's about taking those off the streets but doing it the right way I guess the right way mean meaning the mandatory way the people with guns forcing you to give give up your guns is that what she means that's to horrify him yes I believe so and so they have in recent weeks here walked that back because that was Camala Harris appealing to the left base for potential nomination on the Democratic side back in 2019 now we have Cala Harris as the presumptive nominee although as we speak today the DNC has not taken plac yet for formal nomination but um you if we're going to win the center um mandatory gun buyback is probably not the way to do it but I think we can all expect and this is why it's still important that if elected we're not going to stick with the cus stuff that God us elected we're going to take the Joe Biden Playbook and throw all the CRA stuff out out the window and go back to the radical left stuff now that we're in charge right yeah so that was her quote a couple years ago uh she reaffirmed her commitment uh just very recently let's roll that clip adding to your gun control agenda yeah I think it's a great idea but I mean listen I I don't think we lack for great ideas as I've said many times we've been having great ideas for decades the problem is that Congress has not had the courage to act and that is why from the beginning I have said my agenda includes attempting to get Congress to act but if they don't within the first 100 days of my Administration I'm going to take executive action because what we need is action and so we hear from her if the Congress is not acting within the first 100 days she is going to take executive action on on this stuff um I'm surprised she didn't have one of her famous dialogues like guns are bad and they're bad because they're guns and we all know that if we don't want bad things then we have to get rid of the guns which are bad that's what I would expect from her today yeah that was pretty good was it yeah okay she's usually she's getting a lot of I mean sidebar I mean she's drunk all the time right I don't think so um she's got the shakes I see them oh my goodness but I will for everyone who says that I have vocal fry which you can all go right to help by the way everyone who's ever commented that listen to Camala Harris for two seconds and talk to me about vocal fry but you also don't cackle I do cackle but just not not here I love microph I love a good the microphones have these things where they'll just blow the fuse yeah it's an anti- cackle device you can do it on camera here yeah um so okay so what is so let's go back to the topic at hand now um does bruan guarantee your right to an AR-15 Richard yes gundead yes I believe it does are the courts going to say that it does half of them are not going to say that that's right I mean that that that's that is that is I mean in part the issue at hand here is that we have and we've talked about this recently on the channel um we have courts who are trying to weasle their way out of breu and essentially I mean and I can I can see it in my mind's eye being like well this isn't all guns right you can still have your handguns you can still have your shotguns this is a this is no one's ever said you're allowed to have every kind of firearm every kind of weapon out there this is more akin to weapons of war military weapons I can see the I can see the opinions writing themselves revisit the discussion we had just on this previous Monday the statutes that are getting challenged in Vermont we see how the court first they say hey this isn't protected by the Second Amendment so we don't even need to apply Bruin but if it is bruan then um or this isn't in common use that we go there so then we go past that okay we'll apply Bruin and they'll find some non-historical analog I mean they just don't Faithfully apply Bruin so I mean we see what the extreme is right and for everyone saying aha but in the year of Our Lord 2024 the who wrote The Descent in Carill Sodor K remember Sor um the desent said common use AR-15s are in the common use Miller were good right um however comma The Descent is The Descent The Descent is dicta and the exact same Justice who authored that descent could pick up and write a opinion that says P aren't common use and there's no star decisis on the wording of descent right I mean there's just you know no and even the Supreme Court isn't held to their own no they're not even held to their own presedent they can completely change their mind they do anything they want there's the Supreme Court you one um but so yes I mean that was it was an interesting tidbit that we saw there does it really help us in our common use argument here not particularly because the Supreme Court is the Supreme Court and descents our descents and dicta is dicta right but if we are applying the common use let's say we still have a majority in the Supreme Court and they are applying the common use test and there's no indication that they intend on getting rid of that framework I mean we've had that run in for a hundred years reaffirmed recently um if we are applying the common use test and we are Faithfully applying New York State Rifle and Pistol Association U AR style rifles protected right oh yeah absolutely and but by the way anyone who hears us being negative about what we think some courts might do that's obviously not our personal opinions about how we want the world to be um it is just quite simply our pessimistic lawyer opinions about what some courts who don't Faithfully apply the law could do now I think an interesting note would be let's say that we have a court who says not covered by bruan not in the common use you get to mandate the government mandates a buy back but we're still going to pay you it's not a confiscation it's a buyback but so um is this I mean does the government have to pay us for these where does the takings Clause come in does it protect us at all does it get worse what are your thoughts um it gets you better buckle up buckaroo it gets so much worse I agree go on go on with you with you well so for the Public Public use yes you are compensated but um if you are you know confiscating for the purpose of preventing harm think um rum runners think you know people who had Stills back in yeah environmental things get confiscated all the time and it's like well you prevented harm to the environment then it's not a taking for which you have to provide just compensation yeah no compensation and this and we have these cases they come from prohibition era we didn't have alcohol outlawed we outlawed alcohol government went in took everybody's you know manufacturing equipment and they said guess what this stopped a public harm so we don't have to pay you for it I imagine that same argument is going to get made here and that's I mean that that's the argument right and here I mean we're proposing a buyback but you can imagine that like you're going be required to turn in a gun along with accessories that ultimately you spent you know thousand dollars on and they're going to be like here's your $200 if anything right if anything and then you're like well that's a taking and then the argument that the government's going to have is no it's not it's going to stop a party from engaging in harmful activity we didn't have to pay you anything we did not violate the takings Clause have a good day sir I mean I guess I guess it's better than like Chinese Communists kill you Bill your family for the bullet I guess you're not we're not there is that our standard we're just not Chinese Communists yet we're uh I mean I'm trying to glass at full the situation I just don't like it no I don't like it and I mean realistically um is the Congress ever going to pass such a law no um I don't even believe that she could get this done conceivably through executive action but she could try yeah as close as she could get is probably funding it mhm directing a whole bunch of funding for the buyback so I mean that kind of takes away our um you know argument about you know not getting compensated kind of undermines what we just said but like if I'm going to spend my money on guns it's going to be on my own guns not on the government paying someone else for their compated a gun but hopefully attack always for that we I mean if it's anything like any other buyback we've seen in any major city they get pieces of garbage and uh 3D printed stuff that you know they they make a return on these things I know I know so um this is uh something to I think although this a unrealistic fallen from the coconut tree pipe dream um should we see a Harris Administration it is going to be the most radical gun control by executive action we've ever seen and the litigation is going to be an absolute nightmare yeah thank God we're criminal defense attorneys but we hope you enjoy this discussion if you did consider subscribing hitting that like button and help us fight the anti-2a algorithm by sharing this video and always leave us a comment below and don't miss us every Monday Wednesday Friday at 5m Central until next time with arm strengths