RADIOJune 23, 2022

NYC gun laws CHALLENGED after 'GREAT' Supreme Court ruling

It’s a great day for the Constitution. Why? Because the 6-3 Supreme Court decision announced today should OVERTURN a New York City law that severely restricts concealed carry rights. Legal expert Josh Hammer joins Glenn to discuss what he says is a ‘career-defining’ majority decision by Clarence Thomas, what the ruling means for gun rights throughout America moving forward, and how this decision will ‘suck the wind’ out of the Republicans who supported the Senate’s current gun restrictions bill…

Transcript

Below is a rush transcript that may contain errors

GLENN: The huge gun case up in New York, where I couldn't get a gun in New York. I had 15 active threats. I had Gavin de Becker and associates. Which were -- they were probably the best security detail in the country. In the world, really.

And they were following these threats. You know, my kids were looking at pursuer lists on our refrigerator. If these people approached. Go run. Get mom or dad.

I mean, it was really bad. And I couldn't get a gun. In New York City. Because they deemed that I didn't have enough cause. To have a gun.

That's been thrown out now. So tell me what they've done. What does this mean for New York? And the rest of the country?

JOSH: So it's a fantastic ruling. Look, I've not had the chance to pore through it. Looks like they have a Justice Thomas majority opinion, clocked in at 63 pages. You know, including concurrences and dissents, we're up to 130. One hundred 40 pages. So I have my reading cut out for me, for the rest of the day.

But based on my quick skimming of it, this is a thoroughly well-researched. I might even say, thus far, career-defining majority opinion. From Justice Clarence Thomas. I was thinking about this recently.

It's unclear to me, today, or at least before today. Whether Clarence Thomas has a career-defining majority opinion. He's written so prolifically for so long, but most of his greatest writings, especially on the hard-hitting cases. Have been in concurrence. Or more often than not, oftentimes in defense. I think in another gun case in 2008, (inaudible) versus Heller had his landmark career-defining opinion. And at least until affirmative action I predict is likely overturned next term. You can get that if you want to. At least until that day where I predict Thomas will also have the majority opinion. This is his career-defining opinion.

This is an issue that is very near and dear to Justice Thomas. He wrote an amazing concurrence in the courts, last major Second Amendment case. McDonald versus the city of Chicago case in 2010, where you had a magisterial 55 to 60-page concurrence. Just working through the history. This issue was very near and dear to him. He's a personal gun owner. He enjoys hunting. And from what I can tell, it's just a really thoroughly well-researched opinion, that reaches the clear and obvious result, that anyone with any degree of familiarity with the Second Amendment text could tell you. Which is that this is a right.

And the very act of talking about burying arms. Not just keening them. But the burying them obviously entails the ability to do so, outside the home, without oppressive restrictions. The likes of which, again, it sounds like you face in my home state. In my home state of New York. The point that Justice Kavanaugh makes in his very brief concurring opinion. He kind of drives down this point, which is, the vast majority of states, which have so-called shall issue regimes for their gun licensing permits. Which means that you have to give the applicants a permit, as long as they go through X, Y Z tests. You know, they shoot the right number of targets. The permit years ago. Those laws are all untouched. The only laws that are jeopardized by today's decision are the more problematic, quote, unquote, may issue laws. Not the shall issue laws, where they basically give the licensing authorities a ton of discretion to arbitrarily decide, where you have to show that you truly, truly -- whatever the heck that means. But, and then, the fact that --

GLENN: Yeah. It's nuts.

JOSH: Go ahead.

GLENN: So I want to ask you, doesn't this make the Senate gun bill a joke? I mean, that will have no teeth to it, after this ruling. Would it?

JOSH: Yes and no.

It's real interesting. I have tracked a lot of the commentary over the next 24 to 48 hours. Next week is a focus on this exact question, right? So in theory, they are different issues. The ruling here today is talking about concealed carry, and open carry regimes in the states. The Senate gun bill is in theory focused on other measures. It's focused on things like red flag laws. But it is a little intellectually inconsistent. Or at least at a bear bare minimum. It would be a little peculiar, right? To have the liberalize. I say that in a good way. A more liberalized concealed carry licensing regime, while at the same time, having a red flag law, in place that would just infringe upon due process rights, willy-nilly. Those two things would seem to be intentioned with one another. At a bare minimum, the timing of this opinion --

GLENN: But it's not the same.

JOSH: It really kind of sucks the wind out of John Cornyn and the other 13-Senate Republicans' momentum. That's for sure.

GLENN: So how will this affect other states? New York, by the way, has just come out. And I'm going to talk about this in a minute. New York has already come out. And said, it's not going to change anything. We're not going to abide by this. Which is ironic, because that's what the Second Amendment is for. To stop an out-of-control, lawless government, doing what they want. And not abiding by the Constitution. I just want to point that out.

JOSH: Well, that's wild. I have not seen that. But that's just wild stuff, that they said that bluntly here. Hook, the entire idea behind the incorporation of the Bill of Rights. Which in itself is a legally debatable matter, I should say. But they have held. The court has held that the overwhelming majority of enumerated rights, in developed rights, including the Second Amendment. By the way. That's the McDonald versus Chicago case in 2010. The court has held that these rights are incorporated against the states. Which, you know, to escape the legalese for a minute, means that a state cannot infringe on these rights. The federal government already cannot. But a state cannot as well. So this case is right out of New York State. If New York State wants to go flip two middle fingers at the court, when they themselves are a party to the lawsuit. Look, parties to the lawsuit aren't balanced.

GLENN: Well, let me -- let me read impala what governor Kathy Hochul said. She said, it's outrageous that in a moment of national reckoning on gun violence. The Supreme Court has recklessly struck down a New York law that limits those that can carry concealed weapons. By the way, I don't know if she knows this. But Buffalo is in New York.

So her law didn't do anything. In response to this ruling, we are reviewing our options, including calling a special session of the legislature. Just as we swiftly passed nation leading gun reform legislation. We will continue to do everything we can in our power, to keep New Yorkers safe from gun violence. So she didn't say, we're not going to do it. She said, we're just not going to find a way around it.

JOSH: Right. I mean, that statement is about what I would expect from a left-wing hack like the governor of New York State. We'll see what they try to do. I mean, they'll try to pass some law. Meaning, they will try to issue something administrative. Inevitably both find themselves, in court again.

And, you know, with the occurring composition of the court. If that ultimately makes its way up to the Supreme Court itself, you have to like the odds of the side of gun rights. The reality is, if I have the number correctly, I think it's 43 of the current states in the country. If I recall the number from the Kavanaugh concurring opinion today. Forty-three of the states are either, quote, unquote, shall issue states. Or just straight up constitutional county states. They simply do not need a license to exercise a right to give them their arms outside the home. So we should note that this opinion did not actually apply to the vast majority of states. We're only talking here about the blue states such as New York State. And look, I mean, cynically speaking. Someone born in New York, and fled many years ago. If it is oppressive laws like this. That incentivizes more people, to flee blue state tyranny or red state freedom. Far be it from me to criticize people to do so. The statement that you read, Glenn, I would expect them to say something along those lines.

GLENN: All right. We're going to -- if you don't mind holding for just a minute. I will do a commercial and come back. And I just want to ask you, if you looked at any of the others. Is there any that you think is a really good sign, on where things are headed. Just some of the other decisions, that came out today from the Supreme Court. Back with Josh Hammer in a minute.

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He's -- he's honestly, batcrap crazy on this. I mean, you know. And, honestly, if you voted for the guy, even you know it. We're not -- there's no recession. We're in a transition -- we're in a transitional period. Yeah. So was the Great Depression. I don't even know what a transitional period means.

But we're headed for a recession. The major banks came out yesterday, and said it. The fed said it. And the fed also said, by the way, this is not a Putin gas tax. Just taking them apart. But yet, he's living in a delusional world. I want you to make sure that you are prepared with your financing to do the best that you can to save every penny. American Financing can help you do this. By paying off high-interest debt. To shortening the loan terms. You can access cash from your equity. There's so many possibilities right now. And many of them will save you hundreds, not $1,000 a month. Just by calling American Financing. And seeing your options. You will feel better. Call American Financing now. At 800-906-2440. 800-906-2440. Or AmericanFinancing.net. Ten-second station ID.
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So my producers are freaking out. Because they want to make sure that I clarify something here. That I just said.

Historically, the reason why the Second Amendment exists, is not for hunting.

Not a sport. I want to go shoot Clay pigeons. Okay. That's not what it was about. Otherwise, you might be able to find, like bowling in the Constitution, and the Bill of Rights.

It's not about a sport. It's about protecting yourself. And protecting your community against an out-of-control rogue government. That's what it's about. So I just find it ironic. That if they're like, we're not going to obey Biden's rule. That's what the Second Amendment. That's what the Founders were talking about. As somebody that just decided --

STU: As you just read that statement. That's not exactly what's happening. You're not exactly calling for a Civil War against Albany. Are you? I want to make sure here.

GLENN: Oh, my God. No. No.

STU: Because you were talking about this was the motivation at the time. You have to follow these traditions and these rules. But this is a much, much different case here, as we're talking about it now. As a statement from a --

GLENN: Anyway, I'm just talking about how ironic it is, that that's what the Founders, you know, said, that that's really important.

Because if they're -- as George Washington said. When the people fear the government, there is tyranny. When the government fears the people, there is liberty.

And, you know, part of that, is being able to question them. To speak out. To have a free press, to assemble. And also, to own a gun.

Anyway, josh, anything else that -- that you see, that came out today, that you think is -- is good news in a -- in a far-reaching way?

JOSH: Well, first of all, let me chime in briefly on the conversation that you and Stu were just having. I obviously could not agree with you guys more on the philosophical underpinning of the Second Amendment. Glenn, I know that you all. You will uniquely appreciate this. Just because I know how much you care about this issue. You know, I'm Jewish obviously.

I keep it on my desk at all times. A rock that a rabbi gave to me years ago, that he smuggled out of the crematorium at Auschwitz. And I keep next to that rock.

A rock that I myself took from Treblinka. And then across my room, I have my -- you know, my game of defense AR, with lots of ammunition.

And mags and all that. And to me, I refer to that, as to my friends. As my Warsaw ghetto gun. So no one understands the philosophical underpinning of the Second Amendment more than I do. So I just want to echo your sentiments on that.

GLENN: Okay.

And, you know, the Germans gave -- the Germans gave all of the information of where their guns were, to the Weimar Republic. You give it in gun faith. Because the Weimar Republic said, oh, we'll never use this. Well, then the Nazis came in, and guess who took all the information. And knew where all the guns were. That's why you just don't do these things. But, anyway, go ahead.

JOSH: Exactly. Shifting a little bit, as far as the other cases that came across today. There's an Eighth Amendment case about an execution that I have not had a chance to review yet. A state in Georgia called Nancy Ward. Long story short. All sorts of activist litigation for many years now, where the ACLU, groups like that, will sue -- and they have the effect of the incrementally outlawing or seeking to outlaw various forms of execution, which you have to look harder and harder to find the right cocktail. A very pernicious people passed it with the obvious, not so subtle end goal of trying to re-abolish the death penalty in America.

It looks like the wrong side won today. But I -- a glimmer of hope, though, I see that Justice Barrett actually filed a dissenting opinion in that case. Even though Kavanaugh defected, it's good to see that Justice Barrett is on the right side of this Eighth Amendment issue.

Another case that I've not fully had the chance to break down. It's out of the fourth circuit. It's a case in North Carolina. They basically -- it's a case called Berger versus North Carolina state conference of the NAACP. The court rules, and it's notable. Because it's an 8-1 ruling. An 8-1 ruling. They ruled that Republican state lawmakers in North Carolina are able to intervene to defend their state's voter ID law. That the NAACP challenged. So the procedural posture there, it's not a substantive claim. It's more a procedural claim. The reason why I want to bring it to your listeners. I think it's worth discussing a little bit. Is because it's an 8-1 opinion. The only person who dissented here is preemptively speaking, Sotomayor. And that's a real read into the U.S. Court of Appeals for the fourth circuit. The lower court that heard this. When you, again, reverse won by the court. When Sotomayor sort of disagreed. And it really paints a stark picture as to how much the Obama presidency, changed the Fourth Circuit amongst the other circuits. We do really have a long road ahead of us, to get the lower court in order unfortunately. This case did come out the right way.

GLENN: Josh. Josh, thank you so much. This is Josh Hammer. He'll be joining us tomorrow. More rulings are coming out tomorrow.

And we're coming close to really big ones.

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THE GLENN BECK PODCAST

Operation Fast and Furious: The TRUE Story of How the Feds were Running Guns into Mexico

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Watch the FULL Interview HERE

Glenn Beck & Piers Morgan REACT to Trump's Iran Strike & What Comes Next

Glenn Beck joins Piers Morgan to react to President Trump's decision to strike Iran's Nuclear Facilities and what could come next with the conflict. Is this just the start of a larger conflict involving Iran, Israel and the United States, or will this move by Trump put at least a temporary end to the brewing tensions?

Meet the pro-Intifada candidate NYC Democrats just elected

New York City Democrats just elected 33-year-old Zohran Mamdani, a "socialist Muslim", as the Party's candidate for mayor. But Glenn Beck argues that his radical beliefs are actually communist and Islamist.

Transcript

Below is a rush transcript that may contain errors

VOICE: Z10852. Something weird is going on. The World Trade Center is on fire.

VOICE: Seriously the top of the building. We're trying to get information.

VOICE: Top level of one of the --

VOICE: To unfold from New York City.

VOICE: A plane crashed just --

VOICE: My sister is in that believe. I hope she's okay. I have to come to New York.

VOICE: It's pandemonium.

VOICE: It's raining papers.

VOICE: Wait a minute! Stop just a second. Why are we -- why are we -- I've got breaking news. Breaking news, yesterday. New York City just elected as their mayoral candidate for the left. And the Democrats, a -- a Muslim radical, who is also a communist!

So, you know, it only took you 25 years. It only took you 25 years, New York, to go completely insane.

Somebody who is -- well, I mean, if I might quote Michael malice today. I am old enough to remember when New Yorkers endured 9/11 instead of voting for it.

But you've got a -- you've got a communist jihadist apologist now.

Who was -- you know, well, CAIR put $100,000 behind his bid for New York City mayor.

So you have somebody who is endorsed by CAIR. That's really good.

He also was somebody who said, you know, he was -- he was for the shooting of the United Health Care CEO.

Said he was looking forward to driving down magnum Joan avenue. I don't know. Sounds like supporting people in the streets. Maybe it's just me.

Then he also said that he was going to globalize the intifada, which I think that's -- maybe -- maybe that's just me.

I mean, what do I know?

Tim Miller who is a podcaster. Asked him a few weeks ago. Asked him about his pro Palestinian slogan. Globalized the intifada. And he said, for me, ultimately, what I hear in so many, is a desperate desire for equality and equal rights, in standing up for Palistinian human rights. Oh, is that what you hear, Mr. CAIR?

Really? Huh, that's interesting.

Right. So globalize the intifada.

I mean, I mean, sure, that's -- I mean well, let me go on.

Because I don't want to take him out of context.

He then delved into the semantics of the intifada, citing the United States Holocaust memorial museum's use of a word for a translation for uprising, in an Arabic version of an article, a museum published about the Warsaw ghetto.

Oh!

So this is just a comparison, about the -- the armed rebellion against the Nazis!

I don't know if that makes me feel better!

I mean, if we're globalizing that.

We're the Nazis in this scenario.

Because I don't think it's the Palestinians.

I certainly don't think it's anybody who is like, hey.

Global jihad. I don't think it's those guys.

Or the Nazis. Who are the Nazis in that?

And it seems, if that's what you mean, then it's not just a harmless kind of slogan about human rights. It is a call for violence on the streets.

Because I don't know if you know, that's what happened when the Jews had their uprising against the Nazis.

I'm just saying!

But, hey, hey, free Palestine.

Oh, that's not what that means, gang. That is not what that means, but don't worry about it. He's just going to be possibly the new mayor.

And that's great. By the way, the Columbia faculty members signed a letter defending Hamas.

They were also among the donors to his mayoral campaign.

So, you know, you don't have anything to worry about.

And his father, who used to work at Columbia. Do you know, Stu?

Is his Dad -- is he still a professor at Columbia University?

He said that -- this violent terror thing of Islam, is not a part of Islam. Now, I've read the Koran, and much of the hadith.

And I'm pretty sure the violence is a part of that. But no.

No. This is something entirely new.

And his father while at Columbia university, wanted everybody to know, that this is actually -- this is something that came out of America!

America is really responsible for this.

And, you know, it really started with the Reagan administration, you know, when he started -- when he started with his very religious terms, to finish the war against the evil empire.

So, you know, that's where -- that's where 9/11 came from.

Is what -- don't worry about it! Don't worry about it!

Because who am I? I'm clearly just -- am I an anti-Semite today, or am I an Islamophobic? I can't remember which one.

Oh, it's probably both. Anyway, Islamophobia. Let me just explain Islamophobia. I haven't even gotten to the Communist part of it. Which is really, really -- New York, you're in one for hell of a ride. Buckle up.

It will be a fun rollercoaster for you. My gosh, I've never been happier that I've been away are if New York.

Anyway, I just want I to know, there is Islam. And then there is Islamists. Now, an Islamist is somebody who really wants Sharia law.

That's political Islam!

That's not a faith. That's political Islam.

Now, let me make really -- something really clear. Criticizing Islamism, is not Islamophobia. Pointing out the dangers of, oh. I don't know.

Political Islam. The ideology that seeks to use the tools of democracy, ultimately to destroy democracy, is not an attack on Muslims.

No. Uh-uh.

You know why?

Because Muslims are often the first people in line.

The first victims of the ideology.

So let's draw a bright, bright line between Islam as a faith, millions of people can practice that faithfully and peacefully.

It's mostly peaceful, okay?

Then there's the Islamism.

Islamism is something entirely -- that's a political project.

A theocratic political -- oh. Left loves theocracies. They love it.

Of course, you never see a problem with it.

See it when an Islamist is touting it. Anyway, it's not about prayer. It's not about fasting. It's not about spiritual life.

It's all about power. It's about merging of mosque and state. It's about implementing Sharia, not as a personal code of conduct. But as a governing legal system.

And it's -- it's supremacy.

Absolutely. Faith.

Religion.

It's -- there's one thing that's supreme.

It's misogynistic.

Deeply intolerant of all kinds of things.

Descent. Secularism. Other faiths. Even competing interpretations from inside the faith itself.

It will behead them too.

So let's -- let's be honest here for a second.

You know, CAIR should be labeled an international terror organization.

In my opinion. In my opinion.

Oh, does that make me -- that makes me an Islamophobe. I'm sure. I'm sure they will start a campaign against me on being an Islamophobe.

Stand in line, guys. You've been doing it since 2001, okay?

I don't really care. And I don't think the American people. I think that record, all the grooves are worn-out on that one, okay?

This is not a religion we're talking about. When we're talking about Sharia law. And we're talking about globalize the intifada. What does that mean, actually, to globalize it?

Does that mean we now want to do what is happening to Israel? All over the world?

Has the Palestinian plight become our plight you now, as Americans?

That there has to be an intifada here!

Because it's the kind of the same. You know. It's kind of the same over, you know, with what the Palestinians are going through.

Well, it's very much like what the Jews went through with the Nazis.

That's a weird one. That one makes my head hurt. It's very much the same as that. And very much the same as the fight against Donald Trump.

Oh, this is going to be fun. It's fun!

Really fun. You know, the irony here is, the ones that will scream Islamophobia the most, are the ones in the progressive left, the champions of feminism, LGBTQ rights. And secularism.

They're going to -- no. You want -- they're going to stand with the people, who want to kill them first.

See, this is how smart they are!

This is why it's going to work out well, in New York City.

Let me just say. If you have an ounce of common sense, you run a business, you have an ounce of wealth. And I don't mean wealth like, you know, hey, Lovey.

Let's get on the boat for a three-hour tour with a suitcase full of cash. I mean you saved anything, anything, get the hell out of New York City.

I mean, this is about survival. This is about free speech. This is about women's rights.
Religious pluralism. Secular legal systems. Liberal democracy.

But it's also about failed principles of Communism. Okay?

First, you have to call out political Islam for what it is. Okay?

And we have to do it with the clarity that we call out white nationalism.

Got to do it with that. Got to -- you know, the Klan. Really bad people.

Really bad people.

Anybody who is shouting for globalized intifada?

Pretty bad. Pretty bad people.

Okay?

Now, let's get to communism.

Because that's another cool, cool angle of the new Democratic candidate for -- for mayor of New York City.

That I just -- I think is cuddly and cute. Sure, it led to 100 million deaths. But this time, New York is going to be radically different. Oh, did I use the word radical?

I didn't mean to use that. What's radical about this guy?

Nothing. He's just like you!

Well, not exactly.

But let's talk about communism, next!

Now, the new mayoral candidate that's running there in New York City. That so many young people rushed to defend and vote for. He's promising free buses.

That's going to work out.

Where are you going to get the money for free buses.

It's free!

City-run grocery stores.

Oh, rent freezes. And finally somebody has done it. A 30-dollar minimum wage.

So under the banner of equity. And, you know, we will tax the wealthy. And the corporations. You know, we're going to squeeze another $10 billion out of them.

Really?

Because they're going to call a U-Haul.

You know, they will call something like U-Haul. There will be a lot of -- there will be a lot of movers that are like, how do I get the truck back from Texas or Florida back up to New York? Nobody is moving up there.

But he's going to do it.

Now, his vision isn't really new. You know, just -- just tax people, so we could have city-run grocery stores. You know, I remember -- I'm old enough to remember those city-run grocery stores in Moscow.

They were great.

The shelves were empty.

But that's just Moscow.

It worked out completely different in Venezuela.

Where, oh, no.

It didn't. That's right. The grocery store.

They were eating the zoo animals.

But it will be different in New York.

Because they have rent controls too.

And that will just choke the housing supply, but don't worry. As a young family.

You know, you voted for it.

You know better.

It will work this time.

So, you know, I like building ideas, I just don't like usually building on the graves of 100 million people.

But, you know, why not? Why not?

You know, use this dogma.

And this time, it will be different. It's not like it was in China. Where the great leap forward, was a gross -- a gross parody of progress. Venezuela, which was oil rich. One of the richest nations in the hemisphere now sees 90 percent of its population in poverty!

Yeah. Darn it. You know what they did?

They decided to take state control of things.

You know, like grocery stores. And it worked out well. How is that free busing working out in Venezuela?

I just want to -- I just want to know.

Anyway, then you've got the globalize the intifada. Which is going to drop a little violence in, and anti-Semitism in with your communism.

Which is weird!

Because violence and anti-Semitism, always happen. When it -- when it comes to -- when it comes to communism.

This is weird!

I've got to play something for you. Because this has talked about on me earlier this morning.

Oh, wow.

Wait a minute. This is -- this is the whole coalition coming together here.

So this is going to be good. New York, this is going to be great.

It's going to be great for you.

No. He's going to uplift you. Then the social fabric of New York City is just going to be -- just one.

It's going to be fantastic. Don't worry about your 120 billion dollars in debt. Or your 10 billion-dollar deficit that you have right now.

You are going to charge the rich more taxes, and they will stay right there.

They will be like, you know what, that 46 percent in taxes that I'm paying, this is just not enough. It's just not enough.

I need to pay 60 or 70 percent to be able to pay my fair share. So that's good. That's good. That's good.

You know, they're not risking 100 million people. It's just 8 million people.

This time, it's just 8 million people.

But, hey. For those of you in upstate New York. That aren't going to be part of this experiment.

Don't worry, you get to pay for it. Because they'll kick it up to the state. The state will have to subsidize everything. And don't you love it?

Really, don't you want to subsidize the really crazy ideas of New York City?

I mean, why don't you have a -- why don't you have a democratic socialist. A/k/a communist mayor.

Why haven't you done that? Are you not progressive enough? Are you not looking into the future?

Are you stuck in the past?

I don't know. I don't know. The graveyard is pretty big. I have a hard time getting past that one. You know, yeah, so I'm stuck in the past. Because I can't seem to pass that graveyard, and get to be down the path with you. But it's going to be a paradise.

Forget arithmetic. You know, or human nature. This time, it's going to work. It's going to work. So all right!

Wish I lived in this morning.

No wait. Nope. I don't. Nope, I don't.

And Ted Cruz, stop it. Stop writing, hey, come to Texas. No. No. Don't come to Texas. Don't come to Florida. Go to California. It's beautiful this time of year. Go there. Go there.