Smoke & Mirrors (Episode 76)

Summary

Everything Guns — Episode 76: "Smoke & Mirrors" April 27, 2026
Hosted by David and Jody Smith

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Episode Overview

In this episode, David and Jody explore a range of gun-related topics. They cover recent and proposed firearms legislation, review select guns and gear, and dive deep into real-world self-defense scenarios, including the legal and ethical dimensions. The hosts debate defensive gun use laws—especially as related to property—and provide an update on Texas gun laws. The show is marked by their signature conversational, lighthearted banter, coupled with candid opinions on firearms legislation and gun culture.

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Key Segments & Timestamps

• [00:08] Podcast Structure & First-Time Listener Overview
• [00:51] Gun News: ATF Registry, Federal Courts, and Assault Weapon Bans
• [05:03] Legislation: Special Operations Forces Carry Act & State Law Updates
• [10:14] Self-Defense Laws: Tennessee vs. Texas
• [18:16] Use of Deadly Force in Defense of Property—Debate & Ethical Dilemmas
• [21:48] Guns & Gear: Taurus RPC 9mm PDW, Zulu AR Stock, HTF Garment Bag
• [30:01] Use of Force Scenarios: Detroit Garage Shooting, California Home Intruder, Arizona Warning Shot Case
• [42:24] State Gun Laws: Texas Deep Dive
• [52:13] Next Episode Previews & Miscellaneous

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Gun News & Legislation Highlights

ATF Gun Registry Concerns (00:08–03:58)

• The hosts critique the ATF for amassing firearm records, noting that “nearly 1 billion firearm records with 94% digitized” (00:53) could potentially be used in unconstitutional ways.

• David voices skepticism:
  “You know, they’re making a database of that. Oh yeah, here’s a 98 probability chance that this person has a firearm.” (02:00, David)

• Frustration over lack of political action:
  “I wish we would actually be conservative if we're going to say we're conservative.” (03:03, David)

Court Rulings & State Laws (03:06–10:14)

• 11th Circuit: Machine guns ruled as not protected by the Second Amendment, citing Scalia's Heller opinion (03:06).
• Updates on magazine bans in D.C. and Virginia’s broad “assault weapon” definition returning to the governor’s desk (03:37–04:20).
• Special Operations Forces Concealed Carry Act critiqued as elitist:
  “They make this out like they're pro-2 advocates…Why does it have to be a special group?” (05:31, Jody)
• Wyoming’s failed attempt to reimburse lawful self-defense defendants for legal fees (06:33).

Notable Quotes

• “Any infringement is too, too much.” (03:58, David)
• “Everybody should have the right to carry wherever.” (06:03, Jody)
• “We shouldn't be making laws just for one particular group of people because they've gone through some military training.” (06:13, Jody)

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Guns & Gear Review

Taurus RPC 9mm PDW (24:47–26:00)

• All-aluminum, roller-delayed action, suppressor-ready, MSRP ~$940, likely available for ~$750.
• Jody highlights its cool look, especially with brace and suppressor options.

Zulu AR Stock (26:43–27:18)

• Both hosts enthusiastic:
  “There’s like no recoil at all.” (26:56, David)
• “Ought to be, they ought to pay us for this stuff. I love that thing.” (26:59, Jody)

HTF Garment Bag (27:26–29:38)

• Garment bag for discreetly carrying rifles, handguns, mags, and more—described as “a good way to carry your firearms pretty well openly…without anybody knowing.” (27:56, David)
• Retails for $189, available at SkinnerSights.com.

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Use of Force & Self-Defense Laws

Tennessee vs. Texas: Defensive Property Laws (10:14–18:16)

• Tennessee aligns new self-defense standards with Texas, but the law is more “smoke & mirrors” than real reform.
• Key differences:
  • Tennessee: No nighttime restriction, but cannot use deadly force if the person is “facing away.”
  • Texas: Deadly force for property allowed mainly at night; reasonableness and recovery caveats.
• Sharp warning:
  “This is going to get somebody in jail for the rest of their life because they think they can do it.” (14:57, Jody)

Debate: When is Deadly Force for Property Justified?

• David challenges: “Should there be like a value, hey, if property is valued at some certain amount, if somebody is stealing my car…?” (16:06)
• Jody: “Are we putting a value on the property or are we putting a value on life?” (16:46)

Notable Quotes

• “I agree that human life is worth more than a TV.” (17:21, David)
• “Are you willing to go to jail for your dog or are you willing to go to jail for TV?” (17:44, Jody)

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Use of Force Case Studies

Detroit Garage Defensive Shooting (30:01–34:41)

• Homeowner shoots at burglars running from his garage—charged after video shows they were fleeing.
• Lessons:
  • Don't talk to police beyond “I used force to stop the threat.” (31:17)
  • Know state laws; property defense rarely justifies deadly force if suspect is fleeing/off-property.

California Home Intruder (34:54–37:29)

• Homeowner returns after break-in, confronts intruder; both injured.
• Hosts agree: Only return if loved ones are home, otherwise “let the police handle it.” (36:36)

Phoenix Warning Shot Case (37:43–42:12)

• Doctor fires warning shot outside, police shoot and wound him.
• Ongoing prosecution for reckless discharge—hosts say it serves no public good.
• “All this guy did was walk out and fire one shot in the air…and they want to put him into jail. Minimum 5 to 10 years minimum.” (40:21, David)
• Ethical: “He’s been through enough to know not to do that again.” (41:02, Jody)

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Texas Gun Law Update

Permits, Carry Age, and Constitutional Carry (43:36–46:09)

• Texas is constitutional carry (since Sept 2021, 18+ allowed via 2023 court ruling).
• Still mid-tier for actual gun ownership; permits let you skip NICS.
• Current confusion over “duty to inform” officers—hosts promise a follow-up.

Signs and Property Rights (46:49–47:57)

• Effective signage prohibits carrying; consent required.

No Red Flag Laws, No Mag Limits (49:56–50:10)

• Texas has few major restrictions; preemption prevents local anti-gun ordinances.

Notable Quotes

• “We don’t have to take a test to do the First Amendment. We don’t take a test to do the Fourth Amendment or Fifth.” (45:14, Jody)
• “If you get anywhere like anywhere else, if somebody put a sign that says you can’t have firearms, you go in there and they tell you to leave…” (47:06, Jody)

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Memorable Moments & Side Conversations

• Banter about the “rascal” scooters at the NRA show: “It was so many people running around, those little rascals.” (08:35, David)
• Jokes about staying at the hospital and mailing T-shirts—classic Jody/David antics. (22:18–23:50)
• Running gag about starting a fly fishing podcast: “We might have a new podcast called ca. So we goin’ have a new—well… Everything’s Fly Fishing!” (52:53, David)

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Preview & Call to Action

• Next episode will revisit Texas updated for 2023 laws and cover Vermont gun laws (51:39).
• Listener giveaway: First five listeners to leave a 5-star review win a gear box (23:24).
• “Let us know if you want a YouTube version of this. Let us know!” (49:56, David)

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Summary

Episode 76 deftly blends current gun news, critique of “smoke and mirrors” legislative moves, hands-on gear reviews, and powerful real-life use of force case studies. David and Jody’s relaxed, unfiltered approach gives listeners both practical advice and plenty to think about, from ethical quandaries to legal technicalities. Their message is consistent: Know your local laws, value life over property, and don’t be fooled by legislative fanfare. The episode is a must-listen for gun owners or those interested in American gun culture and law.

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Notable Quotes by Timestamp

• “You know, they’re making a database of that…98 probability chance that this person has a firearm.” — David (02:00)
• “We shouldn't be making laws just for one particular group of people because they've gone through some military training.” — Jody (06:13)
• “This is going to get somebody in jail for the rest of their life because they think they can do it.” — Jody (14:57)
• “Are you willing to go to jail for your dog or are you willing to go to jail for TV?” — Jody (17:44)
• “All this guy did was walk out and fire one shot in the air…and they want to put him into jail.” — David (40:21)
• “We don’t have to take a test to do the First Amendment…” — Jody (45:14)

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Next Time

• Updated Texas law analysis, Vermont gun law overview.
• Possible launch of video podcast format.
• More real-world self-defense scenarios and gear debuts.

Transcript

[A]

You never have the volume right on that. Welcome to everything guns episode 76.

[B]

I'm your host Jody and on the other mic is David. And for our new listeners, just can't give an overview of what this podcast is all about. As, as the name says, we are Everything Gun, so we try to stick to topics related to guns. We have multiple segments in this podcast. The first segments usually rock related to news where it can be two a news or some type of gun related news. Then we do some gun and gear talk today. Might be a little short on gun and gears, but we got a few little items to talk about. Then we move into our major segment of the podcast, Use of Force. We break down a couple of scenarios of people using force, either good or bad. And then we'll end up podcast talking about state gun laws. We've made our way through all the way to Texas for this episode and in some miscellaneous items at the very end if we have anything else to talk about. So just wanted to give everybody an overview of what to expect if you're tuning into this podcast first time. So with that let's just jump into the news and we'll start off something we've talked about before. And this is the ATF gun registry. And there was some talks on Capitol Hill, I think some senators, Senate hearings or something brought this up again where the agency has amassed nearly 1 billion firearm records with 94% of those being digitized. And this is supposed to be illegal, but they continue to do it. They get these, they get these, this information from FFOs that have closed up. So they get all of the 4473s that these FFLs have had. They're supposed to destroy them, but they're not. They're maintaining all these records.

[A]

So. Well, what do they do with information when they, when you get a background check? They're holding on to that too.

[B]

They're holding on to that, but it doesn't, it doesn't show the firearm. All it says is a person got a background check. So it doesn't tie.

[A]

You know, they're making a database of that. Oh yeah, hey, here's a 98 probability chance that this person has a firearm. And here's, here's the database with it.

[B]

Yeah, but their database, they're amassing, actually. They know where, what the gun is, where it's at. So if there ever was a confiscation, they know exactly where to go and what to look for and the serial and everything they got here.

[A]

Well, was that. I don't Even see why that even. I mean it matters. But just the fact that they know that you gotta.

[B]

Yeah. They know you've done a background check. But they did. They wouldn't know.

[A]

But if they're, if they're confiscating guns, then they're just gonna show you how support anyway.

[B]

So I get, I get what you're saying.

[A]

If they're gonna go to that route, then they'll just. Still just infringe all of our rights and do whatever.

[B]

I'm with you. Still ridiculous that they're doing it.

[A]

Oh, I agree.

[B]

And then we allow it to be done.

[A]

Yeah. And it. I, I thought with our, this Republican

[B]

Congress Pro 2 a lot of this stuff, it just gets worse.

[A]

But you don't even hear it from them.

[B]

I've got some stuff a little throughout this news. It's going to irritate you.

[A]

I wish we would actually be conservative if we're going to say we're conservative.

[B]

Yeah. Well, it's not. 11th Circuit ruled that machine guns are not protected by the second Amendment. And this is irritating because they cited Scalia's opinion in Heller. So in, in the court. The court. In that case, the court held that machine guns are dangerous and unusual weapons and can be banned. That's what Heller did for us. That's why I say Heller and Bruin, even though they did some good things,

[A]

did some bad things.

[B]

There's a lot of bad stuff that came out of that.

[A]

Yeah. Because it's all bullcrap.

[B]

And we talked last episode, we were talking about where, oh, Janine Pirro was wanting an unbox for the magazine bank. Well, the D.C. court grants on Bach rehearing and magazine ban case. So they're gonna, you know, again, our Pro2A administration is fighting swear to keep these gun laws in place.

[A]

Any, any, any infringement is too, too much. Yep.

[B]

Virginia's assault weapons ban is. Went back to the governor's desk without any modifications. So, you know, the governor didn't sign the one that they'd send them before and then she actually put some modifications into. They were making. They made the definition for assault weapons just ridiculous. It would basically been everything.

[A]

Yeah.

[B]

They didn't change it so they sent it back the way it was back to her. I don't know if she signed it yet or not. But even if she don't, it's going to become law. You know, she's not going to veto it. So it's going to become law.

[A]

I guarantee you next year they're gonna have. They're gonna make It So gosh. The ones I got grandfathered the magazine, you know they went. They. You can't buy more than 15 round magazines anymore. They'll. And. But your grandfather didn't. If you had them next year because they. Nobody's been. There's no elections this year for their Congress.

[B]

Right.

[A]

So next year. Oh man. They'll do whatever they want.

[B]

Same as what Maryland did.

[A]

Rhode island or Rhode Island.

[B]

Yeah. Maryland was good, wasn't it?

[A]

Well, no, Maryland, I doubt Maryland's good. No, they did. But Rhode island took the grandfather away.

[B]

So this is out of. Out of North Carolina. You got Congressman out of North Carolina Pat Harrigan. So introduced the Special Operations Forces Concealed Carry act. Legislation that extends federal concealed carry authority to both serving and veteran special operation forces whose firearms training and marksmanship standards match or exceed. Those are retired law enforcement officers. This is so irritating to me.

[A]

That's bullcrap.

[B]

They make this out like they're pros.

[A]

Pro 2 advocates.

[B]

Yeah. Yeah. Why. Why does it. Special group.

[A]

There's no reason.

[B]

No, no.

[A]

I guarantee you we got more. We've shot more and done more training than any of those guys.

[B]

Yeah. I don't know. So apparently law enforcement has the ability to carry anywhere concealed carry anywhere they want to.

[A]

Which is bull crap from what I've seen them shooting. Yeah. Yeah. It shouldn't be a different people. Everybody should have the right to carry wherever.

[B]

Yeah. They should have it. We should have it. We should. We shouldn't be making laws just for one particular group of people because they've gone through some military training. There's a lot of people that train with firearms just as much or even more than they do.

[A]

Yeah.

[B]

Training.

[A]

But I'm annoyed with you know, all these states that 21 years old to. To be able to carry unless you're. Unless you're in the military and you can carry it. 18. Like they should be able to carry 18. Yeah. But everybody should be every 18. They're an adult at that point.

[B]

So we got. Wyoming lawmakers considered House Bill 14. This was a bill that would have reimbursed people found not guilty, released or cleared after lawful self defense and would have an allowed expungement of related records. The man. The measure failed introduction into the House so it didn't even get introduced into the House. And I was just going to mention I got a email or not. I got a thing in the mail from Second Amendment foundation and I just bring it up just because they. They've got a list of all their cases. They've got Ongoing and you know, like, like Zimmerman, Zimmerman.

[A]

Oh my goodness.

[B]

Zimmerman versus Bondi, which was a carrying a firearm in federal facilities located in National Park. So this is a case for that.

[A]

Not, not the Zimmerman that had all the problems.

[B]

Not the one that used lawful self defense to protect himself. But yeah, I got a whole list here and I'm not gonna go through all of them because there's. Let me just go, let me just count them. One. There's. Yeah, you say when I count them.

[A]

Okay, let me watch you count them. I'll read, you talk while you count. Did I get enough? It's fun. I used to count a lot. You got a lot of it.

[B]

I went up to 35 different cases they've got going and that's just one page. And there's. That's not all of them we're going

[A]

to in September, right?

[B]

Yeah, this is the. Yeah, this is the meeting we're going to in September. But yeah, can you imagine? So you got the government, they're fighting the government basically on every one of these, which the government has unlimited funds to fight these cases. And you, you know, this is just one of the organizations, Gun Owners of America, Second Second Amendment Foundation. Even the NRA does some, some good stuff. They're trying to get better. We didn't make it to this last, last show they had in Houston, but I think they're in Atlanta in 2027. So I hope we make it to the NRA show.

[A]

One of the videos I saw on that last show and when one day it was like, man, it was so many people running around. Those little rascals.

[B]

Oh my gosh, it's so funny.

[A]

They're making fun of them. It was so many, so many people on those things.

[B]

We've gone from when we counted

[A]

large phone cases. Now you can go in there and count the rascals of.

[B]

Yeah, this is out of New York. So now I guess they've done all the gun laws they can do. So now they're going after BB guns. So they want to make BB guns non functioning. So you can't have a BB gun in New York.

[A]

What in the world.

[B]

Yes.

[A]

I swear some crazy.

[B]

Yeah, yeah. How much, how much would you shoot BB guns when we was kids? And I take that away all the time. My gosh.

[A]

We really need, we really need to have different laws in a state for the big city and the rest of the city that don't agree with them because there's only one city and then. Or maybe two. Well, you got probably New York City. And Albany and probably the rest are pretty dang conservative.

[B]

Yeah. So we got this out of Kentucky. This is about the only good news we got. The legislature overrides the governor veto of a pro gun bill. So apparently Kentucky's got a super majority Republican legislature but a Democratic governor. They had a bill, they passed a bill for lowering the age possession to 18 and had some protections for industry so they couldn't get sued for misuse of their products. The governor vetoed it but the legislator over.

[A]

Okay we've got some of them are doing what they're supposed to do. Yeah.

[B]

And then we've got some news out of Tennessee. This is popped up. I just saw this yesterday. So we little new on it but it looks like they they have introduced or passed a bill that's sitting on the governor's desk and I think he's expected or he or she, I can't remember is the Tennessee governor he or

[A]

she I'm sure as I hear or she.

[B]

Well you never know these days.

[A]

Well no it's still a hero.

[B]

I think it's a man in it. Yeah but so they passed a law for the use of force to protect property. So this is something similar to what they've got in Texas. And I've got a. So we're going to talk about this in two different kind of aspects. So Tennessee's House Bill 1802 and I think there's a Senate version of it too but passed this month and it significantly aligned its self defense standards with Texas lone standing property protection. So when you do a comparison crimes covered for Tennessee arson, burglary, robbery, theft, trespass, property damage and aggravated cruelty to animals a little bit more than what you see in the Texas penal code. Then the nighttime clause. There's no specific time restriction mentioned in Tennessee. Where there is deadly force or theft or criminal mischief is strictly limited to the nighttime in Texas.

[A]

So I didn't know that. What they wonder what they consider nighttime

[B]

then I guess when it's dark sundown or is it.

[A]

I don't know.

[B]

I'm assuming how dark does it have to be? We had to look that up. Maybe you'll have that in your when you go through Texas cut loss today.

[A]

No, I thought you had that info. So I didn't get information. Hey my Internet's down man. I can't get lost.

[B]

Fleeing suspects allows forced to stop once. This is Tennessee allows force to stop someone from fleeing immediately after the crime. There's some caveats to this. I'm going to tell you this is not as Good as it sounds, allows Texas allows deadly force to prevent a suspect from escaping with property after burglary or a robbery facing the actor specifically prohibited. You cannot use deadly force if the individual is facing away from you. And this is important when we start talking about a case out of. Where was that case at a use of force case today. Detroit. So we're going to be using a use of force case on kind of a individual that tried to protect property. And we'll talk about that. In Texas. There is no explicit facing away restriction, though force must be admittedly necessary and reasonable. And then there's the reasonableness test. Must believe property cannot be protected by any other means. And then for Texas, must believe property cannot be recovered by any other means or that less than deadly force is too risky. So the major, major difference is the nighttime distinction. Texas law specifically reserves the use of deadly force for simple theft and criminal mischief for the nighttime. And it doesn't really give. It didn't say what that means, so I don't know.

[A]

Yeah, I just did a search on them. It doesn't. I can't find it either.

[B]

All right, so the back turn rule. Tennessee added specific safeguard stating that you cannot use deadly force if the person has their back turned or is facing away from you. That's tricky because by the time if, if you pull your gun, they turn. By the time you're my richer, your brain registers that they've turned, you've already shot and you could shoot the person in the back and you're going to be held liable for that. So that's that.

[A]

Texas has no property protection only. You cannot use deadly force only to protect property if you do not fear for your life unless it is to prevent high stakes crimes like arson, regulated robbery. Is that, is that what you have as well?

[B]

Yeah, which I mean, everybody's got that. I mean if there's a, if there's an imminent deadly threat to you, you can use deadly force in most every state. So these property laws and this is what, this is kind of where the Tennessee Firearms association they, they kind of give an overview of this new law and they, they, their title is defensive Property Act. Mere smoke mirrors and no new rights. So there, they basically say that there's this is all a election.

[A]

Smoking mirrors.

[B]

Yeah, this is all election thing to get people reelected. Despite.

[A]

It's a good sound bite for sure.

[B]

Yeah. Despite being framed as a protection of property measure. This, this statue AS amended in 2026 expressly prohibits the use of deadly force unless there is an imminent threat of Death, serious bodily injury, grave sexual abuse to a human being, or on circumstances where a lesser force would expose a person to those same risk. So there's no, this does nothing other than it looks, look at us. Tennessee and Texas, the only two states that you can defend property.

[A]

Yeah, well, it's a sound bite. It's, it's no different than the sound bite of, hey, we're allowing people to carry on, on military bases now. But no, you're only allowing off duty, active duty, off duty, active duty soldiers if they get permission.

[B]

You know what this is going to do? This is going to get somebody in jail for the rest of their life

[A]

because they think they can do it.

[B]

They're going to hear these sound bites from these politicians saying you can defend property. Relief of force. They're going to, Somebody's going to kill somebody trying to steal their car.

[A]

Yeah.

[B]

They're going to go trial and get put in jail for racial life.

[A]

That's terrible.

[B]

Ridiculous.

[A]

That's if it gets passed. But no. Oh, it did pass.

[B]

And it's just waiting on the governor to sign it.

[A]

Oh, okay. Well, as the governor signs it.

[B]

No, the government's gonna sign it. Everybody says the governor's gonna sign.

[A]

Okay, so let me, let's, let's look at it. It's at this angle. What are you thoughts of using deadly force to protect property?

[B]

I'm not, I don't, I don't think we should be using deadly force to protect property. Like any property, you can use force.

[A]

No, I mean, so I've been thinking about this since I've done so. If somebody comes in and steals my tv, I probably shouldn't shoot and kill them for it.

[B]

If they're in my house. No.

[A]

If they're out. If they're out my yard running with my tv.

[B]

Yeah.

[A]

No, I probably shouldn't shoot them.

[B]

Probably should not.

[A]

And I don't think I, I don't think they deserve to die.

[B]

If they got my tv, they should go to jail. But I don't deserve, Unless I did

[A]

see a TV the other day. It was like the TV was like $10,000.

[B]

Okay, now we're talking about maybe, maybe it might be worth.

[A]

So now here's what I was thinking. Should there be like a value, hey, if property is valued at some certain amount, if somebody is stealing my car now, and I don't have, now I don't have a way to go to work. I don't have a way to, to provide for my family because my car is stolen, I can't get There. And, you know, it's a gray area for me now. I'm never wondering if they're going to go to that trouble. They don't give a crap about their lives or what.

[B]

Man, you know what? That would open up. Forgive the. If we gave that.

[A]

Oh, I knew it. Y' all know I'm. That's just, just. I'm just throwing the idea. Yeah. The value of the property.

[B]

Are we putting a value on the property or are we putting a value on life?

[A]

Nah, I mean, I read. I read a comment, and that is what kind of threw me into this. I want to comment on something. I don't know if it was this or something else on property. And the comment was, well, you know, they. They don't care enough about their lives that they're going to go in and steal something with the. With the potential. Potential to be shot over it and killed over it. Then you come sell my property. You're gonna get. You're gonna get shot. You're gonna get what you. What you deserve. Yeah. I mean, I agree that human life is. Is worth more than a tv.

[B]

Yeah.

[A]

What about your dog?

[B]

Oh, I'm shooting some people.

[A]

Well, that dog is considered property. The dog is not gonna sit.

[B]

I go to jail over do.

[A]

So that's what I'm saying. I mean, do we put value on things?

[B]

Well, I mean, you do the shark tank. Would you jump in the. In a shark tank to save your tv or would you jump in the shark tank to save your dog? Yeah, I jump in the shark tank, save my dog. I'm not jumping in there. Save my tv.

[A]

Right, that's what I'm saying.

[B]

So that's the whole. Yeah. So are you willing to go to jail for your dog or are you willing to go to jail for tv? I have to go to jail for somebody shooting my dog or hurting my dog or taking my dog, but I'm not going to do that for the tv. Yeah, that's right.

[A]

That's. When do we put a. Would it be a possibility of putting a value on that? And if this property is valued this much or if it's. Is this meaningful to. To your existence? I know I can't do this or that I can't provide for my family now that they did this.

[B]

I'm with you. It's a tough one.

[A]

Oh, it is.

[B]

I'm just throwing it out there, but I'm just. But if you look at these, these two states now, Tennessee and Texas, it's a lot of these. These caveats. They put in place to be able to. To use force for property is a lot different than what they say.

[A]

So I didn't. I don't. Why does Texas have it?

[B]

Hey.

[A]

So if somebody's stealing my vehicle at 3:00pm I can't shoot them, but my vehicle at 3:00am hey, it's open. It's open. Then.

[B]

Yeah. I don't know.

[A]

That's no sense at all.

[B]

Makes no sense. Makes no sense. That's why I made it.

[A]

Man. That gets you in trouble.

[B]

Yeah. All these laws. You don't know because, I mean, you never hear these caveats when people talk about you. They just tell you you can defend. You can tell right now.

[A]

Prosecutor gonna try to prosecute you. Oh, yeah. We got a case today. Yeah. I mean, it does. It's not going to do anybody any good to prosecute this guy. We're gonna be talking about that later on.

[B]

They're charged with multiple offenses.

[A]

Yeah. So.

[B]

And we'll talk about whether we think he should have done what he did. But regardless, he's charged. Yep.

[A]

So.

[B]

All right, let's move on to some. That's all the news I had. Do you have anything in the news

[A]

N. Well, unless we want to talk about the. The correspondence dinner last night. Oh, man.

[B]

So how. Man,

[A]

don't throw out any conspiracy.

[B]

Conspiracy.

[A]

My one question is, how's this guy run past six or seven Secret Service agents and not a single one of. Not a single one of them hit him with a bullet?

[B]

And they. They. I don't know how. They didn't hit anybody else.

[A]

Single one.

[B]

They didn't hit anybody. Not even bystanders.

[A]

My goodness. Not a. More. I watched some. I saw some Instagram posts and they would. Had them. I think it had the Benny Hill music behind them running around. It's so funny. And it looked just like they just running like the head. It's cut off. Like a chicken with the head cut off.

[B]

It's crazy.

[A]

Crazy stuff. Yeah.

[B]

We must get some more news and more information. We might talk about that next time, but I don't want to get into it this time.

[A]

Apparently he had like two pistols and a shotgun.

[B]

How did he get in there with two pistols?

[A]

Well, my son told me that he had rented a. A room in the hotel.

[B]

Well, that's some good. That's some good law enforcement.

[A]

But then apparently he went into some other. Un. Un. What's the word? Yeah, unsecured room. Put the shotgun together and come running out. I'm not sure if that's true or not. I don't Know if it was a shotgun or what, but anyway, so I just don't understand how they're not shooting the guy. All right, let's.

[B]

Let's move into some. Some.

[A]

I saw a thing where Trump slowed down Secret Service because he wanted to see what was going on. He's scared of crap, man. I think at this point, he feels pretty protected.

[B]

He's crazy enough to think that too.

[A]

It's so funny. Hey, hold on. We ain't leaving yet.

[B]

I want to see what this guy doing.

[A]

I saw a meme of the guy. You know, they got the guy laying down on the ground, Trump standing over. You missed me again. That's so funny.

[B]

Crap.

[A]

You know, I'm not even sure that's a meme. He might even be good enough. He might have done it. How awesome would that be? Be.

[B]

That'd be. That would be.

[A]

Oh, my gosh. You miss. That would be funny. He didn't even get in there.

[B]

All right.

[A]

Couldn't even shoot. Let's move on.

[B]

It's funny stuff. All right, let's move on to some guns and gear. This segment brought to you by Clear Creek Shooting. For all your firearm needs, check out Clear Creek [e-mail]. I'm going to have some new stuff on gunbroker here pretty soon, and I've got a gateway set up on gun broker to take credit cards off gun broker. So be a little bit easier to make payments to me through there instead of having to do cashier checks and stuff. All right, I want to do mention I got a shirt for one of our listeners that sent me that. I mentioned the last episode that should be mailed out tomorrow. And then.

[A]

Are you gonna mail that out tomorrow? Your wife's having surgery tomorrow. Well, not until.

[B]

Not till noon.

[A]

Okay. I got plenty of time. Yeah, you ain't getting crap done tomorrow.

[B]

Yeah, I got time to go do something. Go get me a pean burger in the morning. There's plenty of time if I gotta go to the hospital.

[A]

All right. You gonna spend the night in the hospital?

[B]

I hope not.

[A]

I mean, if she does, are you spending the night? Are you coming home?

[B]

Oh, I'll stay there. She stays.

[A]

I'll be.

[B]

The good husband stuff always affects me, though. I swear.

[A]

Why would you stop? Oh, wait.

[B]

I mean, did you not stay when your wife stayed over there?

[A]

I don't remember. You don't remember? It's been a long time ago. Oh, my gosh, you're terrible. No, I mean, I'm. I may have.

[B]

All right. Oh, I did what I was fixing to say before you rudely.

[A]

No, I bet I didn't.

[B]

No, I'm sure you didn't, cuz Jake. Oh, whatever. But anyway, so like I said, no, I don't know my son, he may

[A]

not have been alive when that was done. I don't know, I didn't mean.

[B]

Can I mention this now?

[A]

Yeah.

[B]

Can you let me go ahead with this?

[A]

Go ahead.

[B]

All right, so what I want to do, if I get five listeners to give us a five star review on either Apple podcast reviews or Spotify and just let us know by shooting as a text, there's going to be. We're going to put together a little gift box with several different items in it and we'll send it to you. Text me your. Once you give us a five star review, just text me your name, address, size, shirt you want because it's sure to be part of the little gift box.

[A]

The first five.

[B]

First five. All right, first five people that I get that from, we'll get the gift box out. Like I said, there's gonna be several items in the gift box, so we'll get that out to you. So it'd be pretty, pretty neat stuff. So this first little thing I've got, this is a. I got an email.

[A]

You paying the shipping on there, right? I don't pay shipping.

[B]

I'm taking care of it. I'm taking care of it. Oh yeah, yeah. This isn't, this is not going to out of the country or to Alaska or Hawaii.

[A]

What's wrong in Alaska?

[B]

I think, I think I looked at the shipping. It was expensive.

[A]

Alaska.

[B]

It don't make sense. I'm not getting. I can look. I will look if you're in Alaska. We'll see. David already said he'll pay shipment to Alaska. Hey, you can drop it off when you go on your trip.

[A]

I'm going there in June. Yeah, just take it with you. I'll take it there, ship it from there. Yeah. Boom.

[B]

If you're in Alaska, do you want something? Shoot his, text David to bring it to you.

[A]

Boom. There we go.

[B]

That's a good idea.

[A]

Yeah.

[B]

All right, first thing I got, I got this email with this new Taurus RPC 9 millimeter PDW personal defense weapon. That's what PDW means. It's a full aluminum construction. It's got a roller delayed action. Basically uses rotors on the bolt head to engage the receiver, slowing the opening of the breach until the chamber pressure drops. So it reduces felt recoil. And it works really well with the suppressor. And that's the picture I saw. And this reason I kind of liked it is it looked cool with the little brace on it and the. And the suppressor. It has an MSRP of about $940. But when I looked at my cost, you're probably gonna be able to find these things for around 750. So a lot of. A lot of new car beans coming in. Since we've been talking about pistol caliber rifles the last few episodes, I thought this one looked pretty neat. And that's really, really all I had on. I just thought it looked neat. So the Taurus RPC 9 millimeter PDW kind of check it out. If you interested in it. I can get you the version either with or without this. The brace on it. And then if you want to get a suppressor, it is suppressor ready. That's something I can't. Can't get for you.

[A]

And then we'll do a video version of this. Video and audio. What we can do throw this on YouTube.

[B]

We've talked about that before. We put one episode on there, but the sound was horrible because we just did it with the.

[A]

Yeah, we can.

[B]

I've talked about that. You didn't want to do it.

[A]

I just think about that might be kind of cool.

[B]

I think it would be.

[A]

We need to do. All right. Anything.

[B]

But we'd have to get a camera, though. Yeah, well, we can use. You. Could you not use our iPhones and set it up?

[A]

Oh, that sucks. We can get the.

[B]

As long as we can get the sound right.

[A]

When we talk about that.

[B]

When we talk about this offline. It's not during the podcast.

[A]

No, not during the. I was just thinking, man. Oh, that's a first. Just thinking. So what you got anything else before I start mine? Yeah,

[B]

the Zulu stock that we've talked about multiple times.

[A]

Yeah, well, I mean, I'm not going into it any more than I put it on my. On the AR15 that I got because it would similar. Like I've done. Yeah, two of them. Well, it does. Well.

[B]

Oh yeah, it does.

[A]

I mean, it's like, man, they like no wrinkle at all.

[B]

We ought to be. They ought to pay us for the stuff. I love that thing.

[A]

That freaking thing. It's like. I know 556 didn't have a lot of recoil anyway, but dag. Huh. That thing's sweet to shoot.

[B]

Yeah, I love that stock. So anyway, it's not that expensive either. I mean, it's what, 150 bucks?

[A]

Yeah.

[B]

Yeah. I mean, for what you get out of it. It's, it's a good stock. I do too.

[A]

Yeah.

[B]

The other thing I had is you sent to me an item that we, that you saw in the USCCA magazine.

[A]

Right. Yeah. I thought it was a good idea.

[B]

This was a garment bag, an HTF garment bag. Concealed carry HTF garment bag.

[A]

Yeah. To hold you ars if you're going. Instead of putting them in like a, a gun case or something like that as you travel. Yeah, they got this little, this garment bag.

[B]

It looks cool, man. They got, they got an AR rifle in it. It looks more like an M16 rifle. A knife they got. And then in the picture they got 1, 2, 3, 4, 5, 6 pistol mags, 3 AR mags, 3 pistols, a knot, 2 knives.

[A]

But it's a, it's a good way, it seems like a good way to carry your, your firearms pretty well openly, you know, as you carry them into a hotel room or wherever, but without anybody knowing that's what you got.

[B]

Yeah, Right. Now they only have the olive one because they have also the black. I would get the black.

[A]

I would do black because it's like other garment bags.

[B]

Yeah, it's definitely, it seems like a

[A]

good option for carrying your arms. Hang it up. You know, it's, it's, you know, you take it into your, into your hotel room or something as you, as you're

[B]

traveling and nobody think anything, Nobody think it's gonna be heavy.

[A]

Yeah, this is, this is not for now. I'm not thinking of doing this if I'm flying. I'm thinking of if I'm driving somewhere. Throw, throw that garment bag in my, in my truck and be able to take it into hotel rooms.

[B]

So the, so the description this is, it says this bag is designed to hold a long gun, two handguns, three 30 round rifle mags, eight handgun mags, a knife, flashlight, plus miscellaneous accessories, inconspicuously, securely and ready at a moment's notice. Featuring removable emergency holsters, this bag is constructed of heavyweight cordura and premium heavyweight stitch.

[A]

Good stuff, man.

[B]

Yeah. Sturdy hanger. World's strongest hanger. It had to be a strong.

[A]

Yeah, I'm looking at a fly vision.

[B]

So this thing, it retails.

[A]

That's good stuff.

[B]

This thing retails for 189 for this garden bag, which, I mean, it's not too bad.

[A]

Yeah, you know, I did a quick search on garment bags. You know, they range from $40 to 500, so. So yeah, it looks like a, seems like a good price.

[B]

So check it out at skinner sites. And skinnersats.com. no, we have. No, no. If you with them. I just thought it was pretty cool.

[A]

If you remember USCCA and you get their magazine. It's the latest episode. Has. Has it in there.

[B]

Latest edition.

[A]

Latest. Yeah, that's the episode. Well stupid is that.

[B]

That's pretty stupid.

[A]

Pretty dumb. So it's just I thought it was an interesting cool little way to. To carry your. Your firearms differently than what we normally are used to. So yeah, that's. I don't have any other gear.

[B]

All right, well let's move on to some use of force. And we got two, two cases kind of go over to that. And then one of them is similar to what we were talking about with the Tennessee and Texas defensive property. And this one is out. This. There's I think there might be some video related to this one. This is from Detroit. And this is a Mr. Daytonopton K

[A]

N O P. What do you do names.

[B]

I bet it's Nopton.

[A]

Just don't do the name. Just calm down.

[B]

So here what was that name?

[A]

We tell this grew up in Africa. I had to go back and find that episode.

[B]

That was bad. That was bad. So here, here you've got a guy, he heard some burglars breaking into his garage. He had some motorcycles in there. He goes in, in there with his gun and he shot and killed one and wounded a second burglar.

[A]

Is this the ones where they ran out of the garage?

[B]

Yeah. So he said that they were running.

[A]

That he.

[B]

He told the police. And this is again why you. When you don't talk to the police. He told the police he had to protect himself and his property and they were coming toward him. Don't say anything to the police because this is now going to be used against him in court.

[A]

Because they don't say I'm protecting my property.

[B]

No, absolutely not. Not in there. I wouldn't even say that in Texas or Tennessee.

[A]

No. No. I feared for my life. I used. I used force to stop the threat. Yeah.

[B]

That's all you say the problem is

[A]

and then be quiet.

[B]

The problem is his surveillance camera. His camera because he put the cameras up because he'd had three other break ins previously.

[A]

Yeah.

[B]

So this is why, you know, he was putting in some cameras and other security issues and why he had a firearm. But the camera showed that the people were running away when he shot him. I mean his own surveillance camera, it was pretty, pretty evident they were that stuff. Yeah. So he was charged with manslaughter, assault with intent to murder and Some additional weapons charges. So let's just talk about this from use of force and what we think of this is a defensive property case. And we. You already talked about. Do you think you should be able to use daily force on defensive property?

[A]

Depending on the value of it.

[B]

So he's got some motorcycles in there.

[A]

Yeah, they're not expensive enough. Hey, you get to work on something other than a motorcycle, you got to

[B]

know the laws in your state and what you can. Again.

[A]

Yeah. Don't just say, hey, oh, David, dude, I have some caveats than that. Now, come on.

[B]

So, I mean, they weren't.

[A]

They were running away. They were. They weren't riding on the motorcycle. Away. They were running away. They didn't have any of his property. They were out of it.

[B]

Even if they did. Even if they did. I mean, unless you're in fear of your life or great body injury, you cannot usually force. I mean, it's just that simple.

[A]

Now, I'm not. If somebody. Now, if somebody was stealing my truck, I'm probably not going to run out and shoot them because I don't want to deal. I don't want to deal with it. I'll just, I'll just write it up.

[B]

I'm not even running out and shooting, firing in the air. I'm not doing that either.

[A]

No, that's stupid.

[B]

There's some other people getting in trouble. I mean, there was a case here recently.

[A]

We talked about a case today about that.

[B]

Do we?

[A]

We will. Yeah.

[B]

No, I don't have that on here today.

[A]

I got it.

[B]

Is that the one where the guy

[A]

shoots in the air?

[B]

The guy goes out of Phoenix.

[A]

No, this one out of Phoenix where a guy shot in there and the prosecutors were trying to prosecute him. Okay, what about.

[B]

Is that the one. Okay, there was one where a guy shoots in there. A doctor. Was this the doctor you're talking about?

[A]

The doctor? Yeah, probably. Oh, yeah, yeah.

[B]

Okay.

[A]

Yeah, yeah, it is a doctor.

[B]

We could have done that in the news section if you've done that in the news section.

[A]

Now we're going to talk about using, shooting in there.

[B]

All right.

[A]

All right.

[B]

Well, let's. From this. This is a bad use of force. Yeah, I agree. Yeah. I mean, usually you can't do this even. I wouldn't even do this in Tennessee or Texas because you're going to have to defend it. That you were. That it was reasonable. This is not reasonable.

[A]

No. Especially when you got video evidence that they were running off.

[B]

Yeah. You can't shoot people as they're running away. From you. You just can't do it. And even in 10, unless they're carrying your dog. No, they got my dog. I'm shooting them, letting them take my dog.

[A]

He's going to jail, man.

[B]

One of my dogs they're not gonna

[A]

take anyway, you're going. Yeah, well, well, they ain't gonna get either one of your dogs.

[B]

No, probably not.

[A]

They definitely ain't gonna get the big one.

[B]

They'd be scared.

[A]

Oh my gosh. The crazy. She'll run up full speed and roll over, but up until that point they

[B]

gonna run from her. Yeah, I see that big dog running out.

[A]

Crazy eyes.

[B]

And the other one is just crazy. Yeah, yeah, that's true. They probably don't have to worry about that. I guess I worry about that. Is police shooting them.

[A]

Yeah, they get my dog crowd. They'll bring that one back. He's so bossy. They come back the next day. I ain't going to bed at nine o' clock every night. Cause the dang dog.

[B]

So this next case is out of California. And this is this. I've seen several videos. You can see it on active self protection YouTube channel. You can see it. I think college on new or has talked about this. This, this is where a guy comes up to door and starts screaming, let him in. He wants to check on things and where's your daughter? And he's screaming.

[A]

The guys, did you look that back up? There's nobody in the house.

[B]

Yeah, I see just about it.

[A]

Okay.

[B]

And then the guy's talking to him pretty through the. Yeah, the guy who's ring doorbell.

[A]

And this guy, he's not at home.

[B]

Yeah, this guy's continued, but he ended up getting into the person's house. Yeah, walking around.

[A]

Yeah, walked around, went through a window.

[B]

Yeah. Got into the house. And then the homeowner left work. Must have been pretty close by. Came home, came home and confronted the guy, somebody. They both got injured with it because the homeowner had a shovel and hit him with the shovel.

[A]

They both got hit with the shovel.

[B]

And then eventually the homeowner, rationally, I mean, he did better than I would have done.

[A]

He goes, hey, are you, are you a veteran? Are you? Yeah. And then I got a guy called

[B]

like his switch man.

[A]

Yeah, Switch went off. Yeah.

[B]

And everything calmed down. Which I give the guy a homeowner credit because I wouldn't have been that nice to the guy in my house. Yeah, yeah, he was lame.

[A]

Hey, there's nobody here. You look here and then are you a veteran? And the guy just Kind of. Yeah. And then just. Yeah, calm down.

[B]

But. So let's take a look.

[A]

A lot worse.

[B]

So you got, you know, a guy's in your house, so you come home to confront him.

[A]

I don't think I'm doing that.

[B]

Yeah, I mean, technically we shouldn't because.

[A]

Yeah.

[B]

Harmony, you came in.

[A]

Only way I'm doing that is if you got somebody off her sons at home.

[B]

Exactly. Otherwise nobody's at home.

[A]

I'm gonna call the police and let

[B]

them deal with it. Yep, let them deal with it. Because you don't want. You don't want.

[A]

There's no reason for me to deal with that at that point.

[B]

There's not. So I think he made a mistake, but doing it.

[A]

He didn't make a mistake. Yeah, yeah.

[B]

If he came in and shot this guy, I think he'd have been. It would have been a hard, hard sell to a jury that it was self defense. I mean, yeah, I think he'd have

[A]

got off, but I don't think he

[B]

could have used council doctor.

[A]

I think it was, you know, because

[B]

he came in and I get.

[A]

He came in. Yeah, you can come in your house.

[B]

You can come in your house. But he knew there was a thread in there and he went to the thread. So I'm just saying it was.

[A]

I think it probably cost him a lot of money to get off. And most likely it's a chance he would have got off.

[B]

You think so? In California, you think he would have got off?

[A]

Depends on what part.

[B]

Yeah, I would. Yeah. Don't take that chance.

[A]

I wouldn't want. Yeah, I wouldn't take the chance. Yeah, man. Yeah, I think he probably. He should have just called a place, let them dealt with it.

[B]

Yep, yep. I agree, man. Yeah. Go watch the video. If you haven't seen the video, check it out.

[A]

Crazy, man.

[B]

Yeah. California home, home invasion. This guy was nuts. So you. You wanted to talk about the case out of. Where was it? Arizona, did you say?

[A]

Yeah, it's out of Phoenix. Phoenix, Arizona. So on June 30, 2022.

[B]

So it's been a while back, a

[A]

few years ago, documented gang member with 30 plus convictions prowling around Chris Johnson's front door.

[B]

So it's the doctor.

[A]

Yeah, it's the doctor. So. So he hears this guy, he finally, he goes outside. So everybody to see. Let's see. Let's see now.

[B]

Oh, my gosh. Let me just say what I know from. He goes out, fires a shot in the air.

[A]

All right, so he goes outside looking to see if it's this guy's still around because about the point he goes out, the guy, the guy's already left. He goes out, he sees then the police are already in the neighborhood because other, other people had called. So they catch the guy, this Chris. The doctor doesn't know this so they're, they're just a little bit down the street. They got their headlights on. No blue lights or anything but they just. Their headlights. Chris Johnson, the doctor walks out, sees the, the headlights, you know, shining toward him so he can't see what it is and for some reason he decides hey, I'm gonna fire a shot in the air. And you.

[B]

There's some body cam video that you can hear the shot.

[A]

Yeah. So he, he fires. So. Well the police obviously or go crazy, they're shocked at this turn of events. They start yelling at him to drop the gun. There's no way they can see this guy.

[B]

Never identify themselves.

[A]

Yeah but yeah, they just yell drop the gun. Dropped the gun about three times and then they fire once or twice or a few times. They fire a few times.

[B]

Did they hit him?

[A]

Hit him in the leg.

[B]

Oh, good shooting.

[A]

Yeah. So put one bullet in him and then now obviously this is all. Let me just read this. The doctor then walked out. This is when they looking for the guy that was. He thought was prowling. Walked out about 50 yards from the cars and fired off a warning shot into the air. Something he missed was a mistake. No crap. What happened next? Chaos. It's taken four years to get to trial. Four years. The indictment was thrown out twice because police and prosecutors failed each time to properly inform the grand jury about the law surrounding self defense claims. Eventually a judge found there was probable cause of preliminary hearing. But the same judge later said that he does not believe Chris should end up in prison and added that he hoped another resolution could be reached instead of a trial.

[B]

He's a judge. Could he not put his top to it?

[A]

Well, but prosecutors with Maricopa County Rachel Mitchell's approval won't offer a plea deal for anything less than five to ten years in prison.

[B]

So ridiculous.

[A]

All this guy did, all he did

[B]

fire in there was walk out and

[A]

fire one shot in the air and they want to put him into jail. Minimum 5 to 10 years min minimum.

[B]

What does that serve to put this guy in jail?

[A]

It serves no purpose at all. No, it does no, no one any good.

[B]

He loses his gun rights, he loses his voting. He loses a lot because of this.

[A]

That doesn't stop any crime. It doesn't do anything it doesn't do any good for society. There's no reason to prosecute this guy other than, hey, we're gonna prosecute him. Yeah, you did this. Hey, let's just say, I mean, obviously he's been through enough. He got shot. He's been through enough to know not to do that again.

[B]

Well, the police should have identified themselves. Just yelling at somebody to put their gun down. You know who's yelling at you to put your gun.

[A]

Yeah, I get. He shouldn't.

[B]

He shouldn't have shot in the air, stupid.

[A]

Don't go out and shoot in the air. Don't give a warning shot.

[B]

No.

[A]

If you just see headlights out and you don't go and try to start shooting at that area, go back inside. Go inside, call the police, fortify your house, do whatever you got to do, but don't just go shooting around.

[B]

Yeah, we've mentioned we are not police, you know, concealed carry owners or gun owners. We're not police. We're using these is defense of ourselves and our, our family and against tyranny is what the second amendment is for. It's not to go after.

[A]

Yeah, he was not in any imminent threat. He didn't fear for his life. He just, hey, I'm gonna go do this warning shot and run him off.

[B]

So now you got a crap fire.

[A]

You don't know who was out there. Could have been kids out there just having a party, whatever.

[B]

And you're still responsible. You're still responsible for that bullet where it lands up.

[A]

It was dumb on his part and it's dumb on the prosecutor's part to try to put him in jail for. For that.

[B]

It's. It's.

[A]

Can you imagine? I mean, he's four years into it now. He's still. He's looking at jail time going to. Going to federal, going out, but going to prison for a stupid mistake.

[B]

You know, it's not dumb enough that he should go to prison for it, but it's.

[A]

He's still stupid, but he don't deserve prison.

[B]

No.

[A]

So be careful what you're doing, what you got going on in your neighborhood, man. I don't know, man.

[B]

There's always something going around here. All right, let's move on to some Texas gun laws. So this are. We're at Texas now where we're kind of running through all these states, getting through them. So just. I got a couple things on Texas. They rank so, you know, everybody talks about how Pro, pro gun, pro 2A Texas is.

[A]

It's.

[B]

They are to some extent, but they ran.

[A]

It's like every other state. There's, there's good and bad.

[B]

So they ranked 26th in gun ownership in the United States.

[A]

That's a big state though.

[B]

It is a big state. 26th.

[A]

Yeah.

[B]

But 45.7 per 100 slower than you would think. I mean. Yeah, because you're looking at that. You know it's based off. It's not how many guns in the state, it's how many per 100 people. So yeah, so they're at 45.7. Alabama is at 55.8. I always like to compare everybody to us. I think I forget the best state or the highest gun ownership state is. I think they're like it's 67 or something like that per 100. But you. And you can bypass the next check if you have the concealed care permit. So that's the two things I've got on Texas. We've already talked about the defensive property stuff that as of September 1st first

[A]

2021, it is a constitutional carry state. Open carry is legal for anyone at least 21 years old. That's now keep the stone. Change that in a minute 21 who can lawfully possess a handgun. Now as of 2023, there is a ruling that you can, you can carry at the age of 18.

[B]

So now, now it's 18.

[A]

It is it appeared off of. Until that's changed by a judge. Until. So the Texas Department of Public Safety will now issue a Texas LTC to anyone that is at least 18 years old. On January 10, 2023, the Office of General Counsel sent a memo to DPS offices directing them to no longer enforce the state law that borrows adults under 21 from carrying handguns in public.

[B]

So don't enforce it. But they still, the law is still on the books. That's. Yeah, that worries me.

[A]

Yeah, I get it. So.

[B]

Because if something happens they're going to charge them with that too.

[A]

So up until that point now if you want to get a self carry permit in Texas, it's issued to both residents and non residents who are at least 21. 18 if a member are veteran in the US military, which is that what we talked about before, it ought to be 18 for everybody.

[B]

Yep.

[A]

And it, you know, according to that 2023. Like I said minute ago, I think it is 18 now. So based off a judge ruling.

[B]

Yeah.

[A]

So they require a four to six hour training course as well as passing both a written exam and a shooting proficiency proficiency demonstration. So I go to. Hey, there shouldn't be requirements to Be able to.

[B]

No to we don't have to take a test to do the first Amendment. We don't take a test to do the fourth Amendment so. Or fifth.

[A]

I don't like, I don't like any requirements.

[B]

Third Amendment. It what is the third Amendment? I don't know why I brought that up. I don't either.

[A]

Make it look stupid.

[B]

Maybe that's our title.

[A]

What is the third Amendment?

[B]

No, that's not a title.

[A]

So there is looking on the books and I don't know if this is anymore since you have constitutional case it used to be says you have a duty to inform a law enforcement officer that you were carrying concealed farm. When an officer demands that you display identification, you must display both your driver's license or identification and your handgun license.

[B]

But according quartering soldiers.

[A]

Okay. So yeah we shouldn't have to do that. So I'm not, I'm still not clear. And USCCA is their site sometimes unclear.

[B]

Yeah.

[A]

You know from the argument you had last last episode, I'm not clear if we have to inform or not. So I'm gonna do a little more research on that. I, I, I apologize. My Internet's been down.

[B]

I didn't get to do a lot

[A]

of lot of research in the last two weeks only. I mean it's been down like two weeks.

[B]

They been down two weeks.

[A]

No, I only been down like three days.

[B]

We are recording this a day early. It should come out on our regular schedule according to DE because my wife is having surgery tomorrow and I'm apparently

[A]

supposed to be there as of September. Yeah, as of September 2021. Signage.

[B]

I just kidding.

[A]

Are enforced. Yeah, yeah. You need to be there for me.

[B]

We're gonna be there.

[A]

Once a person.

[B]

You say signs are enforced?

[A]

Yeah, once a person is. Once a person receives effective consent, either verbal or written notice, the entry on their property is prohibited. He or she must promptly leave or risk being charged with the misplaced.

[B]

If you get anywhere like anywhere else, if somebody put a sign that says you can't have firearms, you go in there and they say you do and they tell you to leave. Yeah.

[A]

I mean you're not gonna know I got mine anyway. You're not gonna be able to tell I'm carrying. But yeah, you probably can't open caring there though. There are no mag limits there. Let me get here. Let's see. You can carry in parts and state parks, national parks, roadside rest areas. You can carry there without a permit.

[B]

I think Overall,

[A]

as of September 1, 2021, unless possession of a handgun or other firearm or ammunition on hell property is prohibited by state or federal law, which it is not. A hotel may not adopt a policy prohibiting a hotel gas from carrying. Nice.

[B]

I like that.

[A]

So they actually have something on there saying, hey, you can't make a policy. Saying you can't get. If we don't make it a law and you can't make a policy.

[B]

What did they say about employers not allowing employees to carry? Does it say anything in that?

[A]

That usually has that on?

[B]

Yeah, usually does. I would imagine it's similar to Alabama and other states, but it's always good to check that if you're employee.

[A]

So does Texas have laws relating to storing firearms and private vehicles in an employee parking lot? A public or private employer may not prohibit an employee who holds a valet concealed carry license from transporting or storing a farm or ammunition the employee is authorized by law to possess.

[B]

So you have to have the concealed carry permit?

[A]

I don't think so. My guess is now, because a lot of this stuff is pre. Yeah, pre constitutional carry information.

[B]

So maybe you ought to use a different source.

[A]

I've been. When I actually do research on it, I do a different source.

[B]

Yeah, we only have two. Yeah, we only have two weeks between us.

[A]

This is a quick way to do it.

[B]

I mean, it's not like we got a lot of time to get ready for this thing.

[A]

Yeah, we do. Hey, that's my band.

[B]

We're doing these things so often.

[A]

My bad. I'm saying my bad.

[B]

We are going. We need to do the YouTube thing. We go, all right.

[A]

For now, we're.

[B]

I think our next episode, we're gonna try to figure out how to do it.

[A]

No, we can't do it. Next up, we ain't gonna have a camera by that point. We're not using our stupid iPhones to do YouTube.

[B]

Oh, yeah. We'll figure it out. We got two weeks.

[A]

Oh, my God.

[B]

Plenty of time.

[A]

We may come up with a YouTube version of this. We're going to.

[B]

Yeah, you can listen to the audio on YouTube, but we're going to make

[A]

it nicer if we're gonna do that

[B]

and we turn on our Everything. Gun shot.

[A]

Well, we need. You need to do like, paint it black or something in here. Then we gotta. We gotta do something better with our lighting if we're gonna do YouTube. Hey, for those that send us a review the. The first five minutes, let us know. You think? I mean, crap, I don't know why you'd want to look at us.

[B]

We're doing a YouTube version.

[A]

But if you want to say YouTube version of this? Let us know.

[B]

It's going to be good.

[A]

Let us know. So there's no red flat laws. There's no. Really like all other states, there's no law to define brandishing.

[B]

Hey, we could do some live. Live shows. We get comments live. Oh yeah, that'd be fun. That's what we gonna do.

[A]

So here's preemption. The state has preemption of farms laws. And Texas, except local municipalities may regulate the discharges like every other. You can't shoot in a. In the city limits. Regulate the carrying or in. You know, unless you're at a range or something. Regulate the carrying of a farm or air gun by a person other than person licensed to carry and concealed.

[B]

Well, that must have been before Constitution. Great reading that.

[A]

Yeah, I know. Hey, I do think. I do think why the constitutional carry. The law is written in Texas. It only. It only is valid for pistols, for weapons that are holstered. So you can't. I don't think you can open carry an AR15. So maybe we need to do people

[B]

do that kind of revisit this in our next episode. Do Texas again with a little bit more information. What's our next state, what we're doing?

[A]

I guess it's Texas.

[B]

Well, I mean, we do Texas, but we're going to do the next state as well. What's the next state? At least we were doing.

[A]

Are you stupid?

[B]

I'm looking. Wait a minute about stupid.

[A]

Why are you looking at the map? Vermont. I mean, my goodness. My goodness. All right, go use the Alphabet man. Let me help you. What comes up?

[B]

Oh, you talk. There you go.

[A]

There you go. We'll get.

[B]

I think we've already done Utah. You mean he's looking me like I'm stupid? There's a Vermont. No.

[A]

Vermont. We do Vermont.

[B]

No, I don't have a pen in Vermont. Do you know where it's at?

[A]

Which one? Up there. Was good. That wasn't New Hampshire.

[B]

Was good. Was good. We're doing Vermont next.

[A]

Yeah. What mean do I know where Vermont is? Well, you looking around, trying to find.

[B]

Look, I'm looking at one spot up there. Looking around.

[A]

Nothing.

[B]

You looking toward. Looking toward Florida for some pretty.

[A]

How like Puerto Rico. All right, here's what to do. I'll do a little update on Texas based off of the constitutional carry law that went into effect in 2023.

[B]

All right, sounds good.

[A]

And then we'll. We'll throw in Vermont and whatever else we come up with.

[B]

Yeah. All right.

[A]

That.

[B]

That's all the gun stuff I had.

[A]

Really?

[B]

You got any other? Hey, I did get me a new rv. Little trailer.

[A]

Travel trailer.

[B]

Little travel trailer.

[A]

Yeah.

[B]

Yeah, it's going be cool.

[A]

Yeah, it's going to be nice.

[B]

Yeah, pretty nice. Looking forward to that.

[A]

Already got my first camping stuff. Can we talk fly fishing stuff? No, no.

[B]

Nobody wants your fly fishing stuff.

[A]

Oh, people like bull crap. There's all kind of fly fishing podcast. I need to do my fly fishing podcast.

[B]

Set it up. Let's do it. Hey, we could do a. A camping fly fishing po. We might have a new podcast called ca. So we going have a new well.

[A]

Oh, my goodness. Yeah, so that'd be all right.

[B]

Everybody's listening to everything. Guns we might have to go into. Everything's fly fishing.

[A]

It's gonna be more tactics than just stories.

[B]

Oh, my gosh.

[A]

It'll be tactics. That'll be good stuff. Be good stuff. Waist deep. Golly, I gotta quit saying that. Somebody gonna steal my name. It's such a good name.

[B]

That's such a good name for waist deep in something related to camping. So not. That's not the title.

[A]

I like that title. It's a little bit long, but that's pretty good. All right.

[B]

That's all I got.

[A]

You got anything else? No, I don't think so.

[B]

All right, we are everything going.

[A]

We're out.

[B]

We should do another podcast.

[A]

Oh, yeah. We got so much time getting ready for this one.