[00:00.000 --> 00:06.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing the daily
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:29.000]  Markets for the 29th of July, 2015 opened up with gold $1,094.25 an ounce, silver $14.76
[00:29.000 --> 00:35.000]  an ounce, Texas crude $47.98 a barrel, and Bitcoin is currently sitting at about $290
[00:35.000 --> 00:42.000]  U.S. currency.
[00:42.000 --> 00:48.000]  Today in history, Friday, July 29, 1921, at an executive committee gathering, Adolf Hitler
[00:48.000 --> 00:54.000]  was chosen as and introduced as the Chancellor or Fuhrer of the Nazi Party, the first time
[00:54.000 --> 01:00.000]  Fuhrer was publicly used to address him.
[01:00.000 --> 01:05.000]  In recent news, an Israeli court ruled today that two apartment blocks in the West Bank
[01:05.000 --> 01:09.000]  settlement had been built illegally, that is without proper government authorization,
[01:09.000 --> 01:11.000]  and ordered them demolished.
[01:11.000 --> 01:15.000]  Prime Minister Benjamin Netanyahu authorized the immediate construction of 300 more housing
[01:15.000 --> 01:19.000]  units in the same settlement to appease the Jewish settlers who were enraged by the court
[01:19.000 --> 01:24.000]  order to knock down the two unfinished apartment blocks in Beit El, a religious settlement
[01:24.000 --> 01:26.000]  near the Palestinian city of Ramallah.
[01:26.000 --> 01:30.000]  Israel considers the West Bank to be disputed territory, while most of the world considers
[01:30.000 --> 01:34.000]  the West Bank to be occupied illegally and the Jewish settlements to be a violation of
[01:34.000 --> 01:41.000]  international law.
[01:41.000 --> 01:45.000]  Greg Hillinen and colleagues of his at the California Institute of Technology detected
[01:45.000 --> 01:52.000]  radio and optical auroral emissions on LSR J1835, a brown dwarf star in the constellation
[01:52.000 --> 01:55.000]  Waira, about 18.5 light years away.
[01:55.000 --> 01:59.000]  Aurora Borealis activity, apparently powered by currents in the magnetosphere, which lead
[01:59.000 --> 02:04.000]  to energetic electrons in high latitude regions of the upper atmosphere on Earth, are also
[02:04.000 --> 02:08.000]  detected on all other magnetized planets in our solar system.
[02:08.000 --> 02:13.000]  However, this is the first time auroral emissions were detected on a body outside of our stellar
[02:13.000 --> 02:19.000]  system.
[02:19.000 --> 02:23.000]  Twenty-three-year-old Alexander Sikolo, son of Boston police commander Robert Sikolo,
[02:23.000 --> 02:27.000]  pleaded not guilty today to the charges of assault and battery with a deadly weapon and
[02:27.000 --> 02:28.000]  possession of a firearm.
[02:28.000 --> 02:32.000]  He was arrested on the 4th of July by the Joint Terrorism Task Force for the suspicion
[02:32.000 --> 02:37.000]  of being connected to an ISIS-inspired plan to emulate the Boston Marathon bombers and
[02:37.000 --> 02:42.000]  set off bombs at a college campus.
[02:42.000 --> 02:44.000]  The Lone Star Lowdown is currently listed for sponsors.
[02:44.000 --> 02:48.000]  If you have a product or a service you'd like to advertise in the Austin area, feel
[02:48.000 --> 02:52.000]  free to give us a call at 210-863-5617.
[02:52.000 --> 03:20.000]  This has been your Lowdown for July 28, 2015.
[03:22.000 --> 03:49.000]  Thank you very much.
[03:52.000 --> 04:19.000]  Thank you very much.
[04:22.000 --> 04:23.000]  All right.
[04:23.000 --> 04:24.000]  Bad boys, bad boys.
[04:24.000 --> 04:29.000]  What are you going to do when we come for you here on the Rule of Law?
[04:29.000 --> 04:35.000]  Tonight is July 30, 2015, and I am Deborah Stevens.
[04:35.000 --> 04:37.000]  I'm here with Randy Kelton.
[04:37.000 --> 04:44.000]  And tonight at long last, we are announcing the first place winner of our gun giveaway
[04:44.000 --> 04:45.000]  from our 2015 drawing.
[04:45.000 --> 04:48.000]  I'm sorry it is so late.
[04:48.000 --> 04:52.000]  I do apologize that it has taken this long to get the drawing going.
[04:52.000 --> 04:57.000]  There were some emergency legal situations earlier in the year, and I have been completely
[04:57.000 --> 05:03.000]  strapped down dealing with a very serious lawsuit involving one of our FM affiliates
[05:03.000 --> 05:05.000]  to keep them on the air.
[05:05.000 --> 05:10.000]  So first things first, we've got to stay on the air, guys and gals out there.
[05:10.000 --> 05:13.000]  But we have held our drawing.
[05:13.000 --> 05:18.000]  I have managed to process all the data, and we have our first place and our second place winner.
[05:18.000 --> 05:22.000]  Now, our second place winner declined because they live out of town.
[05:22.000 --> 05:29.000]  At first, I included everyone in Texas for the second place drawing, which is two concealed
[05:29.000 --> 05:35.000]  handgun classes here at Central Texas Gunworks in Austin.
[05:35.000 --> 05:39.000]  But our winner was in San Antonio, so he declined.
[05:39.000 --> 05:43.000]  So we are going to have another drawing for our second place winner.
[05:43.000 --> 05:49.000]  But we do have our first place winner on the line with us, as well as our sponsor, our
[05:49.000 --> 05:52.000]  gracious sponsor, Michael Cargill from Central Texas Gunworks.
[05:52.000 --> 05:57.000]  And our winner is, we're going to call him Marshall D.
[05:57.000 --> 06:00.000]  Marshall, thank you for joining us tonight.
[06:00.000 --> 06:02.000]  It was very nice to be with you this evening.
[06:02.000 --> 06:05.000]  Thank you, and thank you so much for your support of the network.
[06:05.000 --> 06:09.000]  Thank you for joining us tonight, Michael.
[06:09.000 --> 06:10.000]  Absolutely.
[06:10.000 --> 06:12.000]  I wouldn't miss it for anything in the world.
[06:12.000 --> 06:13.000]  All right.
[06:13.000 --> 06:18.000]  Michael is actually, we are replaying his show.
[06:18.000 --> 06:24.000]  He has a daily show on Sundays on a local AM station here in town, and we are carrying
[06:24.000 --> 06:28.000]  that show here on Logos Radio Network on Saturdays.
[06:28.000 --> 06:33.000]  But Michael and I are also working it out for him to do an additional show, a live show
[06:33.000 --> 06:34.000]  here on Logos.
[06:34.000 --> 06:38.000]  So that's the other announcement we're going to be making tonight, is that Michael Cargill
[06:38.000 --> 06:40.000]  will be doing a live show on Logos.
[06:40.000 --> 06:46.000]  So we're looking Wednesday evenings, 5 p.m. Central time is going to be the projected
[06:46.000 --> 06:48.000]  time, a one-hour weekly show.
[06:48.000 --> 06:53.000]  So we're glad to have Michael on board, and we're glad to have our very special guest,
[06:53.000 --> 06:55.000]  Marshall, with us, our winner.
[06:55.000 --> 07:03.000]  Now, Marshall decided to upgrade his prize to another better firearm.
[07:03.000 --> 07:06.000]  So I am interested in hearing about this.
[07:06.000 --> 07:11.000]  And so, Marshall, will you please tell us about your experience with Michael Cargill
[07:11.000 --> 07:12.000]  at Central Texas Gunworks?
[07:12.000 --> 07:17.000]  Michael is, I mean, Marshall is actually not in Texas, so he had the firearm shipped to
[07:17.000 --> 07:18.000]  him.
[07:18.000 --> 07:22.000]  So, Marshall, why don't you just tell us about your experience with Michael, and tell
[07:22.000 --> 07:24.000]  us about this new firearm.
[07:24.000 --> 07:30.000]  I believe you've had a chance to try it out now, and so we want a full report, a full
[07:30.000 --> 07:34.000]  review on the firearm, and also a report of your experience with Michael, if you would
[07:34.000 --> 07:35.000]  please.
[07:35.000 --> 07:36.000]  Sure.
[07:36.000 --> 07:40.000]  Well, Michael Cargill was very, very helpful, very willing to let me throw in a few
[07:40.000 --> 07:44.000]  extra dollars and change to a better firearm.
[07:44.000 --> 07:46.000]  And I'll talk about that in a moment.
[07:46.000 --> 07:51.000]  He was also terribly, terribly helpful after hours when the firearm got up here.
[07:51.000 --> 07:56.000]  It turns out in this state you have to pay some taxes on that, and I needed to have a
[07:56.000 --> 08:02.000]  receipt to show how much I paid for the upgrade so that I could pay the taxes, or I
[08:02.000 --> 08:08.000]  wouldn't be able to take possession of the firearm, because otherwise the FFL is held
[08:08.000 --> 08:11.000]  accountable for the taxes if he doesn't collect them.
[08:11.000 --> 08:17.000]  So, even though it was after hours and quite late, I think it was around 9 o'clock or
[08:17.000 --> 08:21.000]  even later in Texas, I sent an email.
[08:21.000 --> 08:26.000]  He got back to me very, very quickly in just a few minutes and got me the receipt or a
[08:26.000 --> 08:31.000]  copy of the receipt, and I got the firearm that night so I wouldn't have to take a
[08:31.000 --> 08:32.000]  separate trip out.
[08:32.000 --> 08:34.000]  So, he was very, very helpful.
[08:34.000 --> 08:35.000]  Oh, that's awesome.
[08:35.000 --> 08:40.000]  Thank you very much, Michael.
[08:40.000 --> 08:41.000]  Absolutely.
[08:41.000 --> 08:42.000]  I appreciate that.
[08:42.000 --> 08:43.000]  Yeah.
[08:43.000 --> 08:48.000]  It was actually, yeah, right around 9 o'clock p.m., and I got the email.
[08:48.000 --> 08:49.000]  It's like, oh, my goodness.
[08:49.000 --> 08:53.000]  And I didn't know what state you're in, Washington State, right?
[08:53.000 --> 08:54.000]  That's correct.
[08:54.000 --> 08:55.000]  Right.
[08:55.000 --> 09:00.000]  So, Washington State, unlike Texas, you have to pay the taxes on the amount that you pay
[09:00.000 --> 09:03.000]  for the firearm, and we don't have to do that here in Texas.
[09:03.000 --> 09:04.000]  Oh, that's interesting.
[09:04.000 --> 09:08.000]  You don't have state tax or you just don't have tax on firearm?
[09:08.000 --> 09:11.000]  We do have state tax, but not on a transfer.
[09:11.000 --> 09:12.000]  Oh, okay.
[09:12.000 --> 09:17.000]  Well, yeah, any time you ship basically anything of value into Washington.
[09:17.000 --> 09:22.000]  In fact, if you've owned a car for less than a certain amount of time, even though you
[09:22.000 --> 09:27.000]  didn't buy it in Washington, you have to pay some usage tax of some sort.
[09:27.000 --> 09:29.000]  Oh, my gosh.
[09:29.000 --> 09:30.000]  That is crazy.
[09:30.000 --> 09:35.000]  So, well, wow, that kind of discourages people from moving there, I suppose.
[09:35.000 --> 09:40.000]  Well, if you've owned it long enough, it's not a problem, but yeah, if you bought a car
[09:40.000 --> 09:46.000]  and moved into Washington less than 30 days later, I think you're in trouble.
[09:46.000 --> 09:47.000]  Okay.
[09:47.000 --> 09:48.000]  All right.
[09:48.000 --> 09:53.000]  Well, I'm glad that things went well with that transfer, and we do appreciate Michael
[09:53.000 --> 09:55.000]  being there for you and for us.
[09:55.000 --> 09:57.000]  He's just a wonderful guy.
[09:57.000 --> 10:01.000]  Loved working with him over the years, and he's a great talk show host, too.
[10:01.000 --> 10:06.000]  And so now why don't you continue on, Marshall, give us a full report.
[10:06.000 --> 10:07.000]  What did you upgrade to?
[10:07.000 --> 10:09.000]  Tell us how it is.
[10:09.000 --> 10:10.000]  Okay.
[10:10.000 --> 10:15.000]  Well, I went to basically the other extreme in the Glock line.
[10:15.000 --> 10:23.000]  The firearm I won was a.380 single stack, and I'm trying to avoid proliferation of calibers,
[10:23.000 --> 10:28.000]  so I just had to have fewer types of calibers to stock at the house.
[10:28.000 --> 10:34.000]  So I went to the other end of the extreme from a.380 to a.45 and from a very compact
[10:34.000 --> 10:41.000]  concealed carry type gun to a long slide.45, which is even longer than the regular full
[10:41.000 --> 10:50.000]  size, and so I went to the Glock 41 Gen 4, and so yeah, I've shot a lot of.45 over the
[10:50.000 --> 10:54.000]  years, so I've already got ammunition and do some reloading with that, so that seemed
[10:54.000 --> 10:56.000]  to be the better way to go.
[10:56.000 --> 11:01.000]  Tell them a little bit about that one, because that one's really different, because it has
[11:01.000 --> 11:03.000]  some little features on it.
[11:03.000 --> 11:04.000]  Sure.
[11:04.000 --> 11:09.000]  Well, of course, because of it being a Gen 4, it's got a little better grip on it.
[11:09.000 --> 11:13.000]  It's got some, I guess, I don't know if they call it stippling or something else, but it
[11:13.000 --> 11:15.000]  has a better grip than the Gen 3s.
[11:15.000 --> 11:20.000]  Because it's a long slide, you have a much better sight radius, which makes it easier
[11:20.000 --> 11:23.000]  to do a high accuracy shooting.
[11:23.000 --> 11:27.000]  It's always better to have a longer sight radius when you're not using optics of some
[11:27.000 --> 11:32.000]  sort, and this particular Gen 41 had an adapter plate.
[11:32.000 --> 11:38.000]  I think they call it the MOS system from Glock, which allows you without any machining to
[11:38.000 --> 11:45.000]  be done to the slide of the firearm to put what some people would call a holographic
[11:45.000 --> 11:47.000]  sight or a reflex sight on it.
[11:47.000 --> 11:55.000]  It's an optical sight that has no magnification, and they bounce a laser off of the optic back
[11:55.000 --> 12:00.000]  towards your eye, so it allows you to not have to worry about lining up two sights like
[12:00.000 --> 12:05.000]  you would normally, but if you wish to and you wish you can handle the bulk, if you're
[12:05.000 --> 12:09.000]  using it competitively or for home defense, for example, it wouldn't be very good for
[12:09.000 --> 12:11.000]  a carry application, in my opinion.
[12:11.000 --> 12:18.000]  But for competition and for home defense, it gives you a very easy way to attach a reflex
[12:18.000 --> 12:20.000]  sight to the firearm.
[12:20.000 --> 12:23.000]  It came with four different adapter plates.
[12:23.000 --> 12:29.000]  You simply unscrew the plate that's on there, screw in the proper plate for the reflex sight,
[12:29.000 --> 12:35.000]  and attach the reflex sight to it, and no machining, no custom pistol smith work is
[12:35.000 --> 12:36.000]  required.
[12:36.000 --> 12:42.000]  So I also asked for that upgrade, so that makes that option very easy to do down the
[12:42.000 --> 12:44.000]  road.
[12:44.000 --> 12:46.000]  Let's see what else.
[12:46.000 --> 12:51.000]  I'm a competitive pistol shooter, primarily 1911s, so I took it to a match.
[12:51.000 --> 12:53.000]  Never shot the gun before.
[12:53.000 --> 12:55.000]  I got it the day before the match.
[12:55.000 --> 12:57.000]  It was a steel challenge type match.
[12:57.000 --> 13:04.000]  I fired 180 rounds, drew from the holster, had no misfeeds of any kind.
[13:04.000 --> 13:07.000]  The only thing I did was disassemble it for some inspection.
[13:07.000 --> 13:14.000]  I applied some CLP lubricant to the rails, and we were off and going.
[13:14.000 --> 13:19.000]  Of course, it was a brand new gun to me, so I was a lot slower than I would be otherwise,
[13:19.000 --> 13:23.000]  but no misfeeds of any kind.
[13:23.000 --> 13:29.000]  The advantages of the Glocks over some other firearms, of course Glocks are the very early
[13:29.000 --> 13:35.000]  polymer guns, and for a very long time were the only polymer guns that I would describe
[13:35.000 --> 13:37.000]  as reliable.
[13:37.000 --> 13:42.000]  Some people, I'm going to disagree with some people, some people say they're bet your life
[13:42.000 --> 13:44.000]  reliable when you get them from the store.
[13:44.000 --> 13:46.000]  I would not say that.
[13:46.000 --> 13:50.000]  You need to put several hundred rounds at a minimum, if not more, through a gun before
[13:50.000 --> 13:53.000]  you trust your life to it.
[13:53.000 --> 13:56.000]  The Glocks have a number of advantages.
[13:56.000 --> 14:00.000]  Lots of different magazine options on different guns.
[14:00.000 --> 14:05.000]  Some of the smaller Glocks can use some of the bigger Glock.
[14:05.000 --> 14:08.000]  Some of the bigger Glock magazines is an example.
[14:08.000 --> 14:12.000]  There's a lot of interchangeability in internal parts.
[14:12.000 --> 14:18.000]  A lot of aftermarket accessories like sights are compatible between different models.
[14:18.000 --> 14:23.000]  Like I said, I wanted to try the long slide just because I wanted to eventually try it
[14:23.000 --> 14:29.000]  in competition, probably doing some USPSA matches down the road where larger capacity
[14:29.000 --> 14:33.000]  than a regular 1911 can be a distinct advantage.
[14:33.000 --> 14:38.000]  That's really impressive that you actually did that and you took it to a competition.
[14:38.000 --> 14:40.000]  I'm actually impressed by that.
[14:40.000 --> 14:41.000]  How well did you do?
[14:41.000 --> 14:43.000]  Well, a lot slower than usual.
[14:43.000 --> 14:49.000]  On the Steel Challenge, I did a 157, and I'll describe that in a second here, although
[14:49.000 --> 14:55.000]  my best time with the 1911 is 86, so nearly twice as long.
[14:55.000 --> 15:01.000]  Just to give you a comparison, the Steel Challenge would be six different target configurations
[15:01.000 --> 15:03.000]  in six different bays.
[15:03.000 --> 15:09.000]  You shoot five strings in each bay of five shots each, assuming you hit the targets on
[15:09.000 --> 15:14.000]  the first attempt, and you have a timer that's running from the time you get the beef until
[15:14.000 --> 15:17.000]  you fire your last shot.
[15:17.000 --> 15:21.000]  If you wanted to know approximately how long it took me to do each string, you would take
[15:21.000 --> 15:29.000]  157, divide by six, and then divide by four again, and that would be the time.
[15:29.000 --> 15:32.000]  I'm telling you, that's really impressive because you took that out of the box.
[15:32.000 --> 15:38.000]  You didn't practice at all, and that tells you what great gun the Glock really is.
[15:38.000 --> 15:43.000]  Well, you're always going to be slower if you switch to a new gun.
[15:43.000 --> 15:45.000]  There's just no getting around that.
[15:45.000 --> 15:49.000]  I've talked about some of the strengths of the Glocks, and they certainly are, until
[15:49.000 --> 15:56.000]  very recently, as far as a cheaper gun to be highly reliable, nearly out of the box.
[15:56.000 --> 15:58.000]  Let's put it that way.
[15:58.000 --> 16:00.000]  They were the only thing in town for a long time.
[16:00.000 --> 16:05.000]  They do have some competition these days, but there it is.
[16:05.000 --> 16:08.000]  The negatives, of course, is the width.
[16:08.000 --> 16:10.000]  Of course, it's a very, very wide grip on it.
[16:10.000 --> 16:15.000]  If somebody who has very small hands, it's not that you can't get used to it, but it
[16:15.000 --> 16:18.000]  is considerably bigger.
[16:18.000 --> 16:23.000]  Because of my background with 1911s that are very thin, it takes some extra time to get
[16:23.000 --> 16:27.000]  the left to right, get a grip on the gun, get the left to right, really point where
[16:27.000 --> 16:33.000]  you want it to immediately, as opposed to having to slow down and readjust the sights.
[16:33.000 --> 16:37.000]  But that's a lot of what you've got to get used to over time, no matter what you do.
[16:37.000 --> 16:38.000]  All right.
[16:38.000 --> 16:39.000]  Well, listen, we are going to break.
[16:39.000 --> 16:43.000]  Marshall, I'd like you to finish up on your review on the other side, and we'll get comments
[16:43.000 --> 16:45.000]  from Randy and Michael as well.
[16:45.000 --> 16:47.000]  Callers, we do see you on the other line.
[16:47.000 --> 16:52.000]  We will be taking your calls as soon as we are done with our special guests this upcoming
[16:52.000 --> 16:53.000]  segment.
[16:53.000 --> 16:56.000]  So if you'd like to call in, 512-646-1984.
[16:56.000 --> 16:57.000]  We'll be right back.
[16:57.000 --> 17:00.000]  This is the Rule of Law.
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[19:00.000 --> 19:01.000]  now.
[19:01.000 --> 19:18.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:18.000 --> 19:34.000]  All right, folks, we're back.
[19:34.000 --> 19:41.000]  This is the Rule of Law, Randy Kelton and Deborah Stevens.
[19:41.000 --> 19:47.000]  It's Thursday, July 30th, and we are here with the winner of our 2015 gun giveaway.
[19:47.000 --> 19:54.000]  He's giving a review of his upgrade, I might add, and he's a competitive firearms shooter.
[19:54.000 --> 20:01.000]  He's telling us about his most recent competition with the brand new gun that he just got.
[20:01.000 --> 20:02.000]  Please continue on.
[20:02.000 --> 20:04.000]  We're also here with Michael Cargill, our sponsor.
[20:04.000 --> 20:05.000]  Please continue, Marshall.
[20:05.000 --> 20:06.000]  Sure.
[20:06.000 --> 20:08.000]  That was the bulk of what I had to say.
[20:08.000 --> 20:10.000]  A few other things.
[20:10.000 --> 20:16.000]  I'll advocate that people, they really need to go to a gun store, and if they're not familiar
[20:16.000 --> 20:22.000]  with what they're buying and its advantages, go and ask questions and put your hands on
[20:22.000 --> 20:27.000]  the gun and the grip before you buy, and that will make a very big difference.
[20:27.000 --> 20:31.000]  The Modern Glocks have some insertable grips that you can change the size.
[20:31.000 --> 20:37.000]  If you leave them all off, it can be somewhat smaller, and this one came with some beaver
[20:37.000 --> 20:38.000]  tail options.
[20:38.000 --> 20:42.000]  It had four different add-on things that you could change the size and the dimensions of
[20:42.000 --> 20:47.000]  the grip slightly, and that can be of an advantage.
[20:47.000 --> 20:52.000]  The other thing I was going to say about the flexibility of the Glocks is, to give an example,
[20:52.000 --> 20:54.000]  is the holsters, for example.
[20:54.000 --> 21:02.000]  I have a holster that I use for a Glock 27, and I thought it might fit, but I wasn't sure,
[21:02.000 --> 21:08.000]  and the holster that I used the next day at the competition was a Glock 27 holster, and
[21:08.000 --> 21:14.000]  while the barrel hung out quite a bit out the front of the holster, it fit very nicely.
[21:14.000 --> 21:20.000]  In fact, it was a Level 2 retention holster, and all the mechanisms worked just fine.
[21:20.000 --> 21:23.000]  So that's the flexibility of the Glocks.
[21:23.000 --> 21:28.000]  The biggest negative in my mind that is hard to get over in the long term is, of course,
[21:28.000 --> 21:30.000]  the trigger mechanisms.
[21:30.000 --> 21:32.000]  They have a very long trigger pull.
[21:32.000 --> 21:36.000]  They're not terribly smooth, and they don't break cleanly.
[21:36.000 --> 21:42.000]  That does not stop a lot of people from using it in a lot of the action shooting sports.
[21:42.000 --> 21:44.000]  The USPSA is an example.
[21:44.000 --> 21:50.000]  Steel Challenge would be another example, but they tend to not do very well in the
[21:50.000 --> 21:52.000]  precision shooting.
[21:52.000 --> 21:56.000]  I've seen them in bullseye matches, but you don't see them winning bullseye matches.
[21:56.000 --> 22:01.000]  Any kind of precision shooting, the Glocks tend to be at a great disadvantage.
[22:01.000 --> 22:05.000]  One of the things I plan to upgrade, there is some aftermarket drop-in triggers for the
[22:05.000 --> 22:07.000]  Glock, and I plan to do that.
[22:07.000 --> 22:09.000]  There are several options out there.
[22:09.000 --> 22:11.000]  So that's the big stuff.
[22:11.000 --> 22:17.000]  I'd like to thank Mr. Cargill for his donation that I won, and how helpful his people,
[22:17.000 --> 22:19.000]  and he was also.
[22:19.000 --> 22:20.000]  Thank you.
[22:20.000 --> 22:21.000]  Awesome.
[22:21.000 --> 22:22.000]  Thank you very much.
[22:22.000 --> 22:27.000]  On behalf of my staff in Central Texas Gunnerworks, congratulations to you.
[22:27.000 --> 22:32.000]  Yeah, and I have a question for you, Marshall, concerning the Glocks.
[22:32.000 --> 22:37.000]  You're saying that, you know, regarding competition and precision shooting, maybe the
[22:37.000 --> 22:41.000]  Glocks are not the best because of what you were saying about the trigger mechanism.
[22:41.000 --> 22:46.000]  Are there aspects of the Glock that would be preferable or advantageous maybe in other
[22:46.000 --> 22:49.000]  types of competitive shooting?
[22:49.000 --> 22:52.000]  Well, it's the fact that it's a double-stack magazine.
[22:52.000 --> 22:54.000]  It's a much higher capacity.
[22:54.000 --> 22:58.000]  The magazines on a 1911 are generally a full size.
[22:58.000 --> 23:03.000]  There are going to be seven, sometimes eight rounds in the magazine, and the Glock 41 is
[23:03.000 --> 23:08.000]  a 13-round magazine, unless you get the California version with just 10 rounds.
[23:08.000 --> 23:12.000]  So that's a really large difference in capacity.
[23:12.000 --> 23:17.000]  In some kinds of pistol matches, USPSA being an example, some of the courses of fire can
[23:17.000 --> 23:22.000]  be easily 20, even 30 rounds in a single course of fire.
[23:22.000 --> 23:26.000]  You can certainly do that with a 1911, but you end up having to do a lot of magazine
[23:26.000 --> 23:28.000]  changes.
[23:28.000 --> 23:32.000]  Where you have a double-stack with significant capacity, you'll have a lot fewer magazine
[23:32.000 --> 23:34.000]  changes.
[23:34.000 --> 23:35.000]  Okay.
[23:35.000 --> 23:36.000]  Well, thank you.
[23:36.000 --> 23:37.000]  That's very informative.
[23:37.000 --> 23:41.000]  So, Michael, Randy, do you all have any comments here?
[23:41.000 --> 23:43.000]  No, that's awesome.
[23:43.000 --> 23:48.000]  I do want to remind people that what we're doing at Central Texas Gunnerworks starting
[23:48.000 --> 23:53.000]  the month of August, if you buy a firearm from us for the month of August, you actually
[23:53.000 --> 23:59.000]  receive a free $2,000 accidental death and dismemberment insurance policy.
[23:59.000 --> 24:04.000]  Because I want people to know that I stand by my word.
[24:04.000 --> 24:12.000]  And I truly believe that gun owners, EHL holders, non-CHL holders, just firearms enthusiasts
[24:12.000 --> 24:16.000]  are not the ones that are responsible for causing any problems.
[24:16.000 --> 24:19.000]  We're not the ones that get into trouble.
[24:19.000 --> 24:26.000]  And I stand by that word by offering a free $2,000 accidental death and dismemberment
[24:26.000 --> 24:31.000]  insurance policy when you purchase a gun from us at Central Texas Gunnerworks.
[24:31.000 --> 24:32.000]  Wow.
[24:32.000 --> 24:33.000]  Thank you, Michael.
[24:33.000 --> 24:34.000]  That's awesome.
[24:34.000 --> 24:37.000]  When I was in the military, we used to code 45.
[24:37.000 --> 24:42.000]  And I could use that dismemberment, because if you're not careful, that thing will take
[24:42.000 --> 24:43.000]  your thumb off.
[24:43.000 --> 24:49.000]  Well, Randy, you know, you've got to keep your thumb on the same side.
[24:49.000 --> 24:51.000]  Don't put your thumb behind the slide now.
[24:51.000 --> 24:54.000]  It'll sure knock the hide off of it.
[24:54.000 --> 24:56.000]  Not behind the slide, on the same side.
[24:56.000 --> 25:01.000]  When we were using them, we were generally really excited.
[25:01.000 --> 25:07.000]  But I do like 45s.
[25:07.000 --> 25:08.000]  This was in combat.
[25:08.000 --> 25:11.000]  I like 45s much better than a 9 millimeter.
[25:11.000 --> 25:13.000]  9 millimeter knock a hole in you.
[25:13.000 --> 25:15.000]  The 45 will pick you up and throw you across the room.
[25:15.000 --> 25:17.000]  Now, it might not kill you.
[25:17.000 --> 25:22.000]  But you're going to know you've been struck, and it'll get your attention.
[25:22.000 --> 25:28.000]  Well, Randy, I would have agreed with you to a very strong extent years ago.
[25:28.000 --> 25:31.000]  And certainly with ball ammo, you're exactly correct.
[25:31.000 --> 25:35.000]  45 is far superior to 9 millimeter when shooting ball ammo.
[25:35.000 --> 25:40.000]  But there's some modern hollow points that really expand very heavily that make the 9
[25:40.000 --> 25:44.000]  millimeter a much more reasonable option today.
[25:44.000 --> 25:46.000]  It wouldn't be my choice.
[25:46.000 --> 25:49.000]  Anybody who has a lot of experience can handle the recoil of a 45.
[25:49.000 --> 25:51.000]  I would recommend the 45.
[25:51.000 --> 25:58.000]  But for people who can't handle the recoil or a newer shooter, a 9 millimeter today
[25:58.000 --> 26:06.000]  with the right hollow point can be a reasonable self-defense option.
[26:06.000 --> 26:11.000]  And I tell you what, Marshall, when we go live with the Come and Talk It radio show
[26:11.000 --> 26:16.000]  on Logos Radio Network on Wednesdays, I'm definitely going to have to get you on the
[26:16.000 --> 26:21.000]  show to talk about that because the Come and Talk It show is all about firearms.
[26:21.000 --> 26:24.000]  It's a firearm gun talk show.
[26:24.000 --> 26:26.000]  We can certainly talk about that.
[26:26.000 --> 26:28.000]  Absolutely.
[26:28.000 --> 26:33.000]  Yeah, and speaking of 45, one of the firearms that I have is a Taurus Judge.
[26:33.000 --> 26:39.000]  It's a 45 handgun revolver that also shoots 410 shotgun shells.
[26:39.000 --> 26:45.000]  And so I really like it for home defense because it's a small gun that will also shoot
[26:45.000 --> 26:47.000]  shotgun shells.
[26:47.000 --> 26:56.000]  And of course, you know, I'll put an actual bullet like in the last couple of rounds in
[26:56.000 --> 27:02.000]  the revolver so that if the shotgun shells don't get them, well, eventually the bullet
[27:02.000 --> 27:03.000]  will.
[27:03.000 --> 27:08.000]  So I really like that one because it's small and I don't have to have this big shotgun
[27:08.000 --> 27:09.000]  around.
[27:09.000 --> 27:13.000]  And it's good for carrying in the car and things like that.
[27:13.000 --> 27:17.000]  What kind of shot are you using in those shotgun shells?
[27:17.000 --> 27:19.000]  What kind of shots?
[27:19.000 --> 27:27.000]  Well, there's, I believe I have some buckshot in there.
[27:27.000 --> 27:29.000]  Well, they make several kinds.
[27:29.000 --> 27:32.000]  Of course, the most powerful one is there's some triple-op buckshot.
[27:32.000 --> 27:37.000]  You can get in three, four, and five pellet in the 410 that that takes.
[27:37.000 --> 27:41.000]  Although the five pellet is going to have some serious recoil in a handgun.
[27:41.000 --> 27:42.000]  Yeah.
[27:42.000 --> 27:43.000]  Yeah.
[27:43.000 --> 27:49.000]  Well, Marshall, you also had some legal questions for Randy.
[27:49.000 --> 27:50.000]  Sure.
[27:50.000 --> 27:52.000]  That you wanted to ask him while we have you on the line.
[27:52.000 --> 27:59.000]  Well, before we get into that, I would like to thank you and the whole team there at
[27:59.000 --> 28:03.000]  Logos Radio Network and specifically the team with Rule of Law.
[28:03.000 --> 28:06.000]  It's been very, very instructional.
[28:06.000 --> 28:12.000]  I did study some on my own, did study some law before then, but the Rule of Law team
[28:12.000 --> 28:19.000]  has been very helpful in broadening my scope of understanding of the law and has been
[28:19.000 --> 28:23.000]  instrumental. In fact, our shooting range has had troubles in this area.
[28:23.000 --> 28:26.000]  We're currently closed by court order.
[28:26.000 --> 28:32.000]  And I've been helping in some fairly minor ways with the legal process for the
[28:32.000 --> 28:33.000]  range.
[28:33.000 --> 28:36.000]  And it is what I learned on Rule of Law has been highly helpful.
[28:36.000 --> 28:41.000]  And I urge everybody who makes use of this resource, please donate at least a little
[28:41.000 --> 28:44.000]  bit of something, whatever you can afford.
[28:44.000 --> 28:45.000]  Thank you, Marshall.
[28:45.000 --> 28:48.000]  I'm glad we've been able to help.
[28:48.000 --> 28:49.000]  Okay.
[28:49.000 --> 28:54.000]  So a couple of things that have come up in this case, the difference between
[28:54.000 --> 28:59.000]  disqualification of a judge and recusal of a judge.
[28:59.000 --> 29:06.000]  And it turns out that the stuff you've talked about in Texas and the stuff I read back in
[29:06.000 --> 29:11.000]  Virginia are very different than Washington State.
[29:11.000 --> 29:19.000]  My understanding is disqualification to overly simplify the matter is asking a judge's
[29:19.000 --> 29:26.000]  administrative superior to remove him from a case for cause and recusal is asking the
[29:26.000 --> 29:29.000]  judge on a case to remove themself.
[29:29.000 --> 29:35.000]  Is that a good summary, Randy?
[29:35.000 --> 29:37.000]  Randy.
[29:37.000 --> 29:38.000]  He's got his mute on.
[29:38.000 --> 29:39.000]  Yes.
[29:39.000 --> 29:41.000]  Somebody mute his mic.
[29:41.000 --> 29:43.000]  I have that problem on occasion.
[29:43.000 --> 29:46.000]  I'll unmute the mic when we come back from break.
[29:46.000 --> 29:50.000]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[29:50.000 --> 29:54.000]  Our call-in number is 512-646-1984.
[29:54.000 --> 29:58.000]  We will be turning on our phone shortly, so hang on, stand by.
[29:58.000 --> 30:04.000]  We'll be right back.
[30:04.000 --> 30:06.000]  What's your privacy worth?
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[30:15.000 --> 30:17.000]  Back with details in a moment.
[30:17.000 --> 30:19.000]  Privacy is under attack.
[30:19.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.000 --> 30:29.000]  So protect your rights.
[30:29.000 --> 30:33.000]  Say no to surveillance and keep your information to yourself.
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[32:02.000 --> 32:06.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:06.000 --> 32:08.000]  In today's America, we live in an us-against-them society,
[32:08.000 --> 32:10.000]  and if we the people are ever going to have a free society,
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[32:13.000 --> 32:16.000]  Among those rights are the right to travel freely from place to place,
[32:16.000 --> 32:18.000]  the right to act in our own private capacity,
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[33:26.000 --> 33:29.000]  Each other's different, they got the circus on.
[33:29.000 --> 33:32.000]  That beat are the beats.
[33:32.000 --> 33:57.000]  When you're going to stop abuse, you power.
[33:57.000 --> 34:02.000]  So please, Mr. Mackle and each officer, not to abuse the power.
[34:02.000 --> 34:08.000]  Send a request to the leader, the constant of all officers.
[34:08.000 --> 34:13.000]  Tell them to uphold the law, or please don't abuse the power.
[34:13.000 --> 34:17.000]  The beat and the beat and the cheat and the cheat and the light.
[34:17.000 --> 34:19.000]  All right, we are back. This is the Rule of Law.
[34:19.000 --> 34:21.000]  I'm Deborah Stevens here with Randy Kelton,
[34:21.000 --> 34:25.000]  also Michael Cargill of Central Texas Gunworks.
[34:25.000 --> 34:29.000]  He is our sponsor. He's also a talk show host.
[34:29.000 --> 34:33.000]  We replay his program here on Logos.
[34:33.000 --> 34:39.000]  He has a Sunday program on an AM, a local AM radio station here in Austin.
[34:39.000 --> 34:44.000]  And then we replay that program on Saturdays at noon.
[34:44.000 --> 34:49.000]  And he will be starting a live show here on Logos on Wednesdays at 5 p.m.
[34:49.000 --> 34:54.000]  The date is not announced as of yet, but we will be announcing that date.
[34:54.000 --> 34:59.000]  And so before we go back to Marshall, our winner, he has some legal questions for Randy and myself.
[34:59.000 --> 35:01.000]  We're going to go back to Michael real quick.
[35:01.000 --> 35:07.000]  He is going to say goodbye to the listeners and give us any more information that he has.
[35:07.000 --> 35:08.000]  Thank you, Michael.
[35:08.000 --> 35:09.000]  Awesome. Thank you.
[35:09.000 --> 35:15.000]  And yes, on behalf of Central Texas Gunnerworks, I just want to congratulate Marshall again on his win.
[35:15.000 --> 35:20.000]  And I'm glad he had an awesome time this past weekend at the competition.
[35:20.000 --> 35:28.000]  And we look forward to coming on Logos Radio Network live with Come and Talk It, which is a gun talk show on Wednesday nights.
[35:28.000 --> 35:30.000]  So we definitely look forward to that.
[35:30.000 --> 35:34.000]  And I tell you, I can't thank you enough, Deborah, and the rule of law team.
[35:34.000 --> 35:35.000]  All right. Well, thank you, Michael.
[35:35.000 --> 35:36.000]  We're looking forward to it.
[35:36.000 --> 35:40.000]  And I will let you know when we get a response.
[35:40.000 --> 35:44.000]  I did just hold a second drawing for the second place winner here.
[35:44.000 --> 35:48.000]  And this time I restricted it just to folks in Austin.
[35:48.000 --> 35:50.000]  And we'll see what happens with that.
[35:50.000 --> 35:51.000]  I will keep you posted.
[35:51.000 --> 35:53.000]  Awesome. Thank you very much.
[35:53.000 --> 35:55.000]  You guys have a wonderful rest of your show.
[35:55.000 --> 35:56.000]  Thank you, Michael.
[35:56.000 --> 35:57.000]  Already.
[35:57.000 --> 35:58.000]  All right. You have a good night.
[35:58.000 --> 35:59.000]  Have a good one.
[35:59.000 --> 36:02.000]  Okay. Now we're going to go back to Marshall.
[36:02.000 --> 36:05.000]  So, Marshall, if you would please just continue your question.
[36:05.000 --> 36:10.000]  And callers, if you'd like to call in, 512-646-1984.
[36:10.000 --> 36:11.000]  Go ahead, Marshall.
[36:11.000 --> 36:23.000]  Okay. So the question was, before we get into the specifics in Washington State, what's the difference between a motion for disqualification and a motion for recusal?
[36:23.000 --> 36:32.000]  Okay. Your explanation of how Washington State handles it is consistent with Texas.
[36:32.000 --> 36:40.000]  Disqualification is a way of removing a judge as a matter of law.
[36:40.000 --> 36:49.000]  There are specific instances that disqualify a judge, and they're stipulated in the statutes.
[36:49.000 --> 37:09.000]  Whereas under recusal, a judge has a duty to recuse himself if his representation of the case would even give the impression of unfairness or impropriety.
[37:09.000 --> 37:16.000]  So recusal is very nonspecific.
[37:16.000 --> 37:19.000]  It leaves a lot to the discretion of the judge.
[37:19.000 --> 37:21.000]  Disqualification doesn't.
[37:21.000 --> 37:31.000]  Either he's related to one of the parties by two degrees of co-sanguinity, he's represented one of the parties in a prior case.
[37:31.000 --> 37:40.000]  All of the listings in Texas' constitutional disqualification are very specific, and you have to have one of those.
[37:40.000 --> 37:43.000]  Otherwise, you go to recusal.
[37:43.000 --> 37:56.000]  The problem is, at least in Texas, if you try to disqualify a judge, that goes to the head administrative judge of the district.
[37:56.000 --> 38:02.000]  That sounds similar to Washington State, to the head administrative judge.
[38:02.000 --> 38:13.000]  The administrative judge himself can hold a hearing, or he can appoint another judge in another district to hear the disqualification.
[38:13.000 --> 38:15.000]  We just went to one very recently.
[38:15.000 --> 38:20.000]  We have never, ever got a judge disqualified.
[38:20.000 --> 38:29.000]  We have had a couple of judges who accused themselves, but that's only because we hammered them to the point that they didn't want anything to do with the case.
[38:29.000 --> 38:36.000]  For the most part, they just absolutely refuse, no matter what.
[38:36.000 --> 38:41.000]  In your case, do you have attorneys representing your organization?
[38:41.000 --> 38:43.000]  We do.
[38:43.000 --> 38:55.000]  Because we're a club and whatnot, we have a couple people that are somewhat knowledgeable in the law, but we have lawyers representing the same court, and we're helping out a lot behind the scenes.
[38:55.000 --> 39:03.000]  Specifically, as it applies to Washington, what I had described was my general understanding of disqualification and recusal.
[39:03.000 --> 39:12.000]  In Washington State, having done a lot of recent reading, A, they don't have those things in statute or code.
[39:12.000 --> 39:15.000]  They have them in rules of court, number one.
[39:15.000 --> 39:23.000]  And in Washington State, they do disqualification and recusal as synonymous with each other.
[39:23.000 --> 39:35.000]  In fact, in Washington State, the administrative judge over another judge need not even hear a disqualification motion, and that's what happened to us.
[39:35.000 --> 39:46.000]  We filed it with the administrative judge, and she refused to hear it and gave it back to the trial court judge, which treated it as a recusal.
[39:46.000 --> 40:05.000]  Despite the fact that he was on record, on the record, making derogatory comments about the leadership in the club and making very strong positive comments about the prosecuting attorney, which was running the civil action against us.
[40:05.000 --> 40:10.000]  And so that seemed like a very glaring example for disqualification.
[40:10.000 --> 40:15.000]  There might be another way of getting at this thing.
[40:15.000 --> 40:17.000]  Okay.
[40:17.000 --> 40:21.000]  You have a right to due process.
[40:21.000 --> 40:27.000]  You could make a claim of denial of due process against the judge.
[40:27.000 --> 40:31.000]  Sure, because he's not objective.
[40:31.000 --> 40:47.000]  You have a right to a fair, honest, and competent judge in the first instance, and even though other judges acted in concert and collusion with him, you still have a right to due process.
[40:47.000 --> 40:54.000]  So you might file a judicial conduct complaint against the judge claiming denial of due process.
[40:54.000 --> 41:09.000]  But is comments the meaning of the leadership of the club and positive of the attorney acting against us, is that adequate to be denial of due process?
[41:09.000 --> 41:12.000]  It's adequate to make the claim.
[41:12.000 --> 41:14.000]  Oh, I agree.
[41:14.000 --> 41:26.000]  Okay, the one thing I've learned about court and law, you'll never win your case simply because you have the law and the facts on your side.
[41:26.000 --> 41:28.000]  To think so is naive.
[41:28.000 --> 41:31.000]  You only win the case if you have the politics on your side.
[41:31.000 --> 41:33.000]  So where's the politics?
[41:33.000 --> 41:42.000]  And if you have lawyers representing you, you have to understand that those lawyers have relationships.
[41:42.000 --> 41:46.000]  Think of your case in terms of a four-sided chessboard.
[41:46.000 --> 41:48.000]  You're on one side.
[41:48.000 --> 41:51.000]  Your lawyer's to your right.
[41:51.000 --> 41:56.000]  Opposing counsel is to your left, and the judge is across from you.
[41:56.000 --> 41:59.000]  You have a relationship with your lawyer.
[41:59.000 --> 42:06.000]  But your lawyer has a relationship to the opposing counsel and to the judge.
[42:06.000 --> 42:19.000]  And your lawyer is not going to do anything that's going to interfere with his relationships with these two, unless he has some very compelling reason.
[42:19.000 --> 42:26.000]  Certainly not simply to adequately adjudicate your rights and your claims.
[42:26.000 --> 42:31.000]  So you have these political relationships to deal with.
[42:31.000 --> 42:34.000]  It's not that difficult.
[42:34.000 --> 42:38.000]  We think of things in terms of rule of law.
[42:38.000 --> 42:40.000]  We need to back up from that.
[42:40.000 --> 42:45.000]  Now let's go back in and look at this from the terms of politics.
[42:45.000 --> 42:50.000]  Everything is political, and all politics is local.
[42:50.000 --> 42:56.000]  So what I'd like to do to my attorney is give him plausible deniability.
[42:56.000 --> 43:07.000]  So if the judge makes derogative comments against the leader or the leadership of your organization,
[43:07.000 --> 43:15.000]  then some chump member sends a judicial conduct complaint accusing the judge of denying due process.
[43:15.000 --> 43:20.000]  And the judge is going to run to your lawyer and say, what is going on here?
[43:20.000 --> 43:23.000]  You need to get control of your clients.
[43:23.000 --> 43:27.000]  And the lawyer is going to say, I can't control these guys, Judge.
[43:27.000 --> 43:28.000]  Help me out here.
[43:28.000 --> 43:31.000]  Give me something I can work with.
[43:31.000 --> 43:33.000]  Does this make sense?
[43:33.000 --> 43:34.000]  We're about to go to break.
[43:34.000 --> 43:36.000]  Well, it makes perfect sense.
[43:36.000 --> 43:41.000]  And I'd like to give you some more details about the case and see if you have any other good suggestions.
[43:41.000 --> 43:42.000]  Good. Hang on.
[43:42.000 --> 43:43.000]  We're about to go to break.
[43:43.000 --> 43:45.000]  We'll pick this up on the other side.
[43:45.000 --> 43:47.000]  Dan, Jeff, I see you there.
[43:47.000 --> 43:48.000]  We will get to you.
[43:48.000 --> 43:55.000]  This is Randy Kelton, Weedleblow Radio, and Debbie Stevens and Randy Kelton.
[43:55.000 --> 44:22.000]  Weedleblow Radio will be right back.
[44:25.000 --> 44:30.000]  Our Australian emu oil, lotion candles, olive oil, soaps, and colloidal silver and gold.
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[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
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[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:02.000 --> 46:15.000]  Music
[46:15.000 --> 46:37.000]  Okay, we are back.
[46:37.000 --> 46:47.000]  Randy Kelton, Douglas Stevens, Rule of Law Radio, and we're talking to Marshall in Washington State
[46:47.000 --> 46:51.000]  about a gun range issue.
[46:51.000 --> 46:57.000]  And on the break, we were kind of talking about the politics.
[46:57.000 --> 47:08.000]  And it's hard sometimes to shift those gears because we're raised to believe that we live in a land of law
[47:08.000 --> 47:12.000]  and that we can trust and depend on the law to protect us.
[47:12.000 --> 47:17.000]  It's really hard sometimes to accept that we can't.
[47:17.000 --> 47:21.000]  It's not really about the law, it's about the politics.
[47:21.000 --> 47:28.000]  And on the break, Marshall, you mentioned something about politics
[47:28.000 --> 47:33.000]  and how it had already brought itself to bear on the case.
[47:33.000 --> 47:36.000]  Will you address that?
[47:36.000 --> 47:37.000]  Sure, sure.
[47:37.000 --> 47:42.000]  Well, we've been encouraging other people in the community because this has been an ongoing problem,
[47:42.000 --> 47:44.000]  which I'll get to in just a moment.
[47:44.000 --> 47:50.000]  But we've had other people outside of the club, quite a few not in the shooting community
[47:50.000 --> 47:58.000]  that have become very, very supportive up to and including coming to public meetings twice a month,
[47:58.000 --> 48:03.000]  the county has open comments at the commissioners' meetings.
[48:03.000 --> 48:09.000]  And we've had more than a few, and some of them are quite tear-jerking situations,
[48:09.000 --> 48:13.000]  where we're getting support from other people in the community that do not shoot.
[48:13.000 --> 48:22.000]  I will use as one example, there was a gentleman a couple weeks ago that came that never shot a gun,
[48:22.000 --> 48:25.000]  didn't want to shoot a gun, was not a member of our range,
[48:25.000 --> 48:33.000]  that had two of his children were in Afghanistan and in the military.
[48:33.000 --> 48:39.000]  And before they went overseas to get some extra shooting in before they went overseas,
[48:39.000 --> 48:45.000]  he came and shot at our range, which was at a very convenient location to where they live.
[48:45.000 --> 48:51.000]  And this man was absolutely irate with the commissioners that he would,
[48:51.000 --> 48:54.000]  when they come back home to visit from time to time,
[48:54.000 --> 49:01.000]  they have lost this very convenient opportunity to practice before they go back overseas,
[49:01.000 --> 49:04.000]  working for the United States military.
[49:04.000 --> 49:10.000]  And it was so emotional that I had tears running down my face.
[49:10.000 --> 49:15.000]  He was absolutely irate with them that they would do this.
[49:15.000 --> 49:18.000]  For one reason, this is one of the most active shooting ranges
[49:18.000 --> 49:23.000]  and full feature shooting ranges in Western Washington.
[49:23.000 --> 49:30.000]  And I guess I'll take this moment to give you a little bit of background about the case, if now is a good time.
[49:30.000 --> 49:33.000]  Yes, now is a very good time.
[49:33.000 --> 49:35.000]  So before we go to...
[49:35.000 --> 49:36.000]  Wait, wait, wait, hold on.
[49:36.000 --> 49:38.000]  Jeff wanted to comment.
[49:38.000 --> 49:40.000]  We have Jeff Sedgwick on.
[49:40.000 --> 49:42.000]  And he wanted to comment on the recusal issue.
[49:42.000 --> 49:47.000]  So before we get too far from it, I'd like to bring in Jeff for a minute.
[49:47.000 --> 49:49.000]  Jeff, are you there?
[49:49.000 --> 49:51.000]  Yes, I am here.
[49:51.000 --> 50:02.000]  And I do understand that shooting skill is a perishable skill that needs constant honing.
[50:02.000 --> 50:05.000]  I do understand that.
[50:05.000 --> 50:10.000]  But when it comes to the judge, insofar as I'm concerned,
[50:10.000 --> 50:13.000]  and you may want to play the recording back to get the phrase,
[50:13.000 --> 50:25.000]  insofar as I'm concerned, the judge has not only caused the court to lose the appearance of fairness and objectivity,
[50:25.000 --> 50:33.000]  the court has demonstrated a venomous hatred of the litigant.
[50:33.000 --> 50:40.000]  And Ergo should remove himself from the court, from this trial.
[50:40.000 --> 50:52.000]  And that's a very poisonous apple, because if he doesn't, now the court itself is condemned and damned.
[50:52.000 --> 50:59.000]  And I take it the term venomous hatred is out of case law?
[50:59.000 --> 51:01.000]  Is what, please?
[51:01.000 --> 51:04.000]  Is out of case law?
[51:04.000 --> 51:11.000]  Yeah, well, it's out of statements I've seen made by others who picked it up from Richard.
[51:11.000 --> 51:13.000]  And you've had Richard on your show.
[51:13.000 --> 51:14.000]  Yes, yes.
[51:14.000 --> 51:16.000]  And I have seen it work.
[51:16.000 --> 51:20.000]  And I have seen it work firsthand.
[51:20.000 --> 51:24.000]  We were kind of shocked that the statements, I wouldn't call them venomous,
[51:24.000 --> 51:27.000]  but they certainly seemed to me very biased.
[51:27.000 --> 51:35.000]  And the fact that he made them in open court on the record was kind of shocking.
[51:35.000 --> 51:41.000]  Well, I used that particular statement to require a court dismiss a case
[51:41.000 --> 51:52.000]  after it had handed down a judgment that was in federal court two days before it was remanded.
[51:52.000 --> 51:53.000]  Very interesting.
[51:53.000 --> 51:54.000]  Do you get the point of that?
[51:54.000 --> 51:58.000]  Two days before it was remanded, I didn't get the...
[51:58.000 --> 52:08.000]  They handed down a judgment on a case in state court two days before the federal court had remanded.
[52:08.000 --> 52:11.000]  They had no jurisdiction.
[52:11.000 --> 52:17.000]  So the judge entered a ruling before it was remanded back from the federal court.
[52:17.000 --> 52:19.000]  Right.
[52:19.000 --> 52:25.000]  That goes to 18 U.S. Code 242.
[52:25.000 --> 52:29.000]  Yeah, well, it also violates due process,
[52:29.000 --> 52:38.000]  but it also demonstrates a venomous hatred of this litigant.
[52:38.000 --> 52:42.000]  They're taking and making gratuitous statements to the other side,
[52:42.000 --> 52:51.000]  leaves the gallery and the defendant of whichever position you're in in a quandary.
[52:51.000 --> 52:54.000]  If he likes them, he must say yes.
[52:54.000 --> 52:59.000]  Well, and he made, A, positive comments about the lawyer for the other side,
[52:59.000 --> 53:03.000]  which had been getting some bad press, again, doing it in open court on the record,
[53:03.000 --> 53:08.000]  and then making derogatory comments about the leadership of the club
[53:08.000 --> 53:12.000]  as it related to their handling of the case.
[53:12.000 --> 53:15.000]  There's your venomous hatred.
[53:15.000 --> 53:21.000]  You might remind the court that the court has two duties,
[53:21.000 --> 53:25.000]  determine the facts in accordance with the rules of evidence,
[53:25.000 --> 53:29.000]  apply the laws as it comes to him to the facts in the case.
[53:29.000 --> 53:33.000]  If he has another agenda, he needs to leave that at home,
[53:33.000 --> 53:37.000]  and if he can't, he needs to stand down,
[53:37.000 --> 53:40.000]  because that's beyond scope.
[53:40.000 --> 53:43.000]  Don't give him a choice.
[53:43.000 --> 53:45.000]  Sure.
[53:45.000 --> 53:49.000]  He's demonstrated that he's unable to...
[53:49.000 --> 53:52.000]  Yeah.
[53:52.000 --> 53:54.000]  Unable or unwilling.
[53:54.000 --> 54:00.000]  He's seen competent to share the case by way of emotional, not instability,
[54:00.000 --> 54:02.000]  what's the word, Jeff?
[54:02.000 --> 54:04.000]  In capacity.
[54:04.000 --> 54:09.000]  He's not unable, he's unwilling.
[54:09.000 --> 54:14.000]  Well, he certainly, in my mind, has demonstrated bias and done it on the record.
[54:14.000 --> 54:20.000]  That bias, if he's made derogatory comments, he's demonstrated a venomous hatred.
[54:20.000 --> 54:23.000]  What level judge is this?
[54:23.000 --> 54:26.000]  This is the lowest level for this sort of case.
[54:26.000 --> 54:30.000]  I believe it's called the Superior Court here in Washington.
[54:30.000 --> 54:38.000]  That's interesting, because in New York, the lowest level court is the Supreme Court.
[54:38.000 --> 54:40.000]  Well, that's New York.
[54:40.000 --> 54:42.000]  It's called the Supreme Court.
[54:42.000 --> 54:44.000]  Okay, so he's a low-level judge.
[54:44.000 --> 54:46.000]  That is not surprising.
[54:46.000 --> 54:50.000]  Is he an elected judge or an appointed?
[54:50.000 --> 54:52.000]  I believe he's appointed, but I'd have to check that.
[54:52.000 --> 54:54.000]  They do have both here.
[54:54.000 --> 55:00.000]  For example, in Washington, our Supreme Court justices are elected.
[55:00.000 --> 55:09.000]  Generally, here we call them district courts that handle criminal cases
[55:09.000 --> 55:14.000]  that can result in imprisonment or always-elected judges.
[55:14.000 --> 55:17.000]  Then we have municipal judges.
[55:17.000 --> 55:20.000]  We also have justices of the peace.
[55:20.000 --> 55:26.000]  We probably have those in some capacity, because that follows from the Magna Carta
[55:26.000 --> 55:29.000]  and the whole structure of the country.
[55:29.000 --> 55:41.000]  Can this judge hear misdemeanor cases that result in imprisonment?
[55:41.000 --> 55:48.000]  This court handles civil and usually higher-level, felony-level criminal cases,
[55:48.000 --> 55:53.000]  but the lowest level of court can only handle misdemeanor cases,
[55:53.000 --> 55:57.000]  and the next court can handle both, depending on the complexity and whatnot.
[55:57.000 --> 55:59.000]  Okay, so this is similar to our district court.
[55:59.000 --> 56:04.000]  He's definitely going to be a lawyer, and he's almost certainly going to be elected.
[56:04.000 --> 56:05.000]  Sure.
[56:05.000 --> 56:10.000]  Even if he's not elected, he's appointed by someone who is, and that's even better.
[56:10.000 --> 56:12.000]  Sure.
[56:12.000 --> 56:15.000]  I'd like to give you a little bit of context about the case.
[56:15.000 --> 56:17.000]  Okay.
[56:17.000 --> 56:21.000]  Anyhow, this is Kitset Rifle and Revolver Club,
[56:21.000 --> 56:25.000]  and this is not the first civil case against the club.
[56:25.000 --> 56:27.000]  This is the second one.
[56:27.000 --> 56:30.000]  We had a full trial a couple of years ago
[56:30.000 --> 56:36.000]  where a local judge permanently closed the range as a nuisance,
[56:36.000 --> 56:40.000]  and we appealed to the appellate level, which overturned the case,
[56:40.000 --> 56:46.000]  and we took it to the Supreme Court, the highest appellate court in Washington,
[56:46.000 --> 56:49.000]  and they decided not to review the case.
[56:49.000 --> 56:53.000]  But the appellate-level court supported our grandfathered right.
[56:53.000 --> 56:58.000]  This range has been in continuous operation except for two court closures
[56:58.000 --> 57:02.000]  for 89 years at the same location.
[57:02.000 --> 57:05.000]  And so anyhow, this is the second case.
[57:05.000 --> 57:10.000]  They lost the first case, and the appellate decision was we had grandfathered rights.
[57:10.000 --> 57:12.000]  They could not close the range.
[57:12.000 --> 57:17.000]  There was some dispute about us having some police officers
[57:17.000 --> 57:20.000]  and military guys use the range and pay a fee.
[57:20.000 --> 57:24.000]  They considered that commercial use, and they remanded that to the local court
[57:24.000 --> 57:26.000]  for some further determination.
[57:26.000 --> 57:31.000]  But the main part of the case, the county's authority to permanently close the range
[57:31.000 --> 57:36.000]  because we were a nuisance, was overthrown by the appellate-level court.
[57:36.000 --> 57:40.000]  So because they lost that case and they continued to want us to be closed,
[57:40.000 --> 57:43.000]  they simply passed a new ordinance about ranges
[57:43.000 --> 57:47.000]  to which they were pretty sure we were not going to agree.
[57:47.000 --> 57:51.000]  And when we didn't apply for a permit under this new ordinance,
[57:51.000 --> 57:55.000]  then the local court closed us again in a preliminary injunction,
[57:55.000 --> 57:57.000]  and we're still awaiting that.
[57:57.000 --> 58:01.000]  We just got out of court this week at the appellate-level,
[58:01.000 --> 58:07.000]  asking them to stay the preliminary injunction until the case is over
[58:07.000 --> 58:10.000]  so we can remain open until that time.
[58:10.000 --> 58:14.000]  But this is, in my mind, a second bite at the apple trying to close the range.
[58:14.000 --> 58:16.000]  This is developing a pattern.
[58:16.000 --> 58:22.000]  Let me ask what may sound like a strange question.
[58:22.000 --> 58:26.000]  Okay, this is a municipality that passed an ordinance.
[58:26.000 --> 58:33.000]  This is a county, a county that passed an ordinance.
[58:33.000 --> 58:44.000]  How did you agree to the rules and structures of the county?
[58:44.000 --> 58:47.000]  I don't know the exact words.
[58:47.000 --> 58:50.000]  Hold on, we'll be right back with that report.
[58:50.000 --> 58:54.000]  The Bible remains the most popular book in the world,
[58:54.000 --> 58:58.000]  yet countless readers are frustrated because they struggle to understand it.
[58:58.000 --> 59:02.000]  Some new translations try to help by simplifying the text,
[59:02.000 --> 59:07.000]  but in the process can compromise the profound meaning of the Scripture.
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[59:44.000 --> 59:48.000]  or by ordering online at freestudybible.com.
[59:48.000 --> 59:53.000]  That's freestudybible.com.
[59:53.000 --> 01:00:01.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.000 --> 01:00:05.000]  You're following these flashes brought to you by the Lone Star Lowdown,
[01:00:05.000 --> 01:00:08.000]  providing you jelly bulletins for the commodities market,
[01:00:08.000 --> 01:00:21.000]  today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:27.000]  Markets for the 29th of July 2015 opened up with gold at $1,094.25 an ounce,
[01:00:27.000 --> 01:00:32.000]  silver $14.76 an ounce, Texas crude $47.98 a barrel,
[01:00:32.000 --> 01:00:42.000]  and Bitcoin is currently sitting at about $290 U.S. currency.
[01:00:42.000 --> 01:00:47.000]  Today in history, Friday, July 29, 1921, at an executive committee gathering,
[01:00:47.000 --> 01:00:53.000]  Adolf Hitler was chosen as and introduced as the Chancellor or Fuhrer of the Nazi Party,
[01:00:53.000 --> 01:01:00.000]  the first time Fuhrer was publicly used to address him.
[01:01:00.000 --> 01:01:05.000]  In recent news, an Israeli court ruled today that two apartment blocks in the West Bank settlement
[01:01:05.000 --> 01:01:09.000]  had been built illegally, that is without proper government authorization,
[01:01:09.000 --> 01:01:11.000]  and ordered them demolished.
[01:01:11.000 --> 01:01:15.000]  Prime Minister Benjamin Netanyahu authorized the immediate construction of 300 more housing units
[01:01:15.000 --> 01:01:19.000]  in the same settlement to appease the Jewish settlers who were enraged by the court order
[01:01:19.000 --> 01:01:23.000]  to knock down the two unfinished apartment blocks in Beit El,
[01:01:23.000 --> 01:01:26.000]  a religious settlement near the Palestinian city of Ramallah.
[01:01:26.000 --> 01:01:29.000]  Israel considers the West Bank to be disputed territory,
[01:01:29.000 --> 01:01:32.000]  while most of the world considers the West Bank to be occupied illegally
[01:01:32.000 --> 01:01:41.000]  and the Jewish settlements to be a violation of international law.
[01:01:41.000 --> 01:01:45.000]  Greg Hillinen and colleagues of his at the California Institute of Technology
[01:01:45.000 --> 01:01:50.000]  detected radio and optical auroral emissions on LSR J1835,
[01:01:50.000 --> 01:01:55.000]  a brown dwarf star in the constellation Waira about 18.5 light years away.
[01:01:55.000 --> 01:01:59.000]  Aura borealis activity, apparently powered by currents in the magnetosphere
[01:01:59.000 --> 01:02:03.000]  which lead to energetic electrons in high latitude regions of the upper atmosphere on Earth,
[01:02:03.000 --> 01:02:08.000]  are also detected on all other magnetized planets in our solar system.
[01:02:08.000 --> 01:02:12.000]  However, this is the first time auroral emissions were detected on a body
[01:02:12.000 --> 01:02:19.000]  outside of our stellar system.
[01:02:19.000 --> 01:02:23.000]  23-year-old Alexander Ciccolo, son of Boston police commander Robert Ciccolo,
[01:02:23.000 --> 01:02:26.000]  pleaded not guilty today to the charges of assault and battery
[01:02:26.000 --> 01:02:29.000]  with the deadly weapon and possession of a firearm.
[01:02:29.000 --> 01:02:32.000]  He was arrested on the 4th of July by the Joint Terrorism Task Force
[01:02:32.000 --> 01:02:35.000]  for the suspicion of being connected to an ISIS-inspired plan
[01:02:35.000 --> 01:02:42.000]  to emulate the Boston Marathon bombers and set off bombs at a college campus.
[01:02:42.000 --> 01:02:45.000]  The Lone Star Lowdown is currently looking for sponsors.
[01:02:45.000 --> 01:02:48.000]  If you have a product or a service you'd like to advertise in the Austin area,
[01:02:48.000 --> 01:02:53.000]  feel free to give us a call at 210-863-5617.
[01:02:53.000 --> 01:03:06.000]  This has been your Lowdown for July 28, 2015.
[01:03:23.000 --> 01:03:33.000]  Thank you for watching.
[01:03:53.000 --> 01:04:16.000]  Thank you.
[01:04:16.000 --> 01:04:20.000]  Guys, always missed the really good stuff that happens on the break.
[01:04:20.000 --> 01:04:30.000]  We were talking about some issues about how the gun club agreed to the regulatory scheme,
[01:04:30.000 --> 01:04:33.000]  and Deborah had some interesting input on that.
[01:04:33.000 --> 01:04:39.000]  Deborah, will you address this private club as opposed to a public offering?
[01:04:39.000 --> 01:04:45.000]  Well, yeah, I was just saying, and I'd have to look deeper into this
[01:04:45.000 --> 01:04:50.000]  to see what kind of agreements you automatically have agreed to
[01:04:50.000 --> 01:04:56.000]  by setting this thing up as a corporation instead of a trust or something like that.
[01:04:56.000 --> 01:05:04.000]  But one suggestion I had, and I'm sure that this would likely work,
[01:05:04.000 --> 01:05:10.000]  even considering that there's a corporate entity here, is you just make it private.
[01:05:10.000 --> 01:05:15.000]  Instead of having it as a public shooting range that's run by a private club,
[01:05:15.000 --> 01:05:17.000]  you just make it all private, period.
[01:05:17.000 --> 01:05:18.000]  It's just strictly private.
[01:05:18.000 --> 01:05:26.000]  This is how nightclubs get around the dry liquor county regulations
[01:05:26.000 --> 01:05:28.000]  in what's called dry counties in Texas.
[01:05:28.000 --> 01:05:31.000]  Dry counties are where you can't sell alcohol, period.
[01:05:31.000 --> 01:05:37.000]  And that means serving alcohol, like you can't serve alcohol in a restaurant,
[01:05:37.000 --> 01:05:41.000]  you can't have a bar where you're serving alcohol, where you're selling drinks,
[01:05:41.000 --> 01:05:47.000]  you can't sell beer and wine, you know, closed bottles like at a convenience store
[01:05:47.000 --> 01:05:48.000]  or even the grocery store.
[01:05:48.000 --> 01:05:53.000]  You can't sell anything, period, that is alcohol, all right?
[01:05:53.000 --> 01:05:55.000]  That's what a dry county is.
[01:05:55.000 --> 01:05:57.000]  We have them here in Texas, believe it or not.
[01:05:57.000 --> 01:06:05.000]  And the way that people get around this in order to have bars and nightclubs
[01:06:05.000 --> 01:06:08.000]  and things like this is they just have it as a private club.
[01:06:08.000 --> 01:06:12.000]  And so it's private, and they can't do anything about it.
[01:06:12.000 --> 01:06:14.000]  They can't regulate it because it's private.
[01:06:14.000 --> 01:06:18.000]  They're technically not selling anything to the public,
[01:06:18.000 --> 01:06:22.000]  and so TABC can't do anything about it, the local counties,
[01:06:22.000 --> 01:06:26.000]  the local municipalities can't do anything about it because it's private.
[01:06:26.000 --> 01:06:32.000]  And so you become a member of this private club, and then once you are a member,
[01:06:32.000 --> 01:06:35.000]  it's, you know, it's a club that's closed off to the public,
[01:06:35.000 --> 01:06:37.000]  and they can do whatever they want.
[01:06:37.000 --> 01:06:40.000]  And so I think that that would be a good way to go.
[01:06:40.000 --> 01:06:42.000]  Now, we were on the break discussing this,
[01:06:42.000 --> 01:06:48.000]  and you said that they were trying to tell you that they could regulate your activity
[01:06:48.000 --> 01:06:51.000]  even as a private club, Marshall?
[01:06:51.000 --> 01:06:53.000]  Sure. Well, two points, two points.
[01:06:53.000 --> 01:06:55.000]  And that's a very – you came up with a very good idea.
[01:06:55.000 --> 01:07:00.000]  The problem is when we bought – back when we bought the land from the –
[01:07:00.000 --> 01:07:06.000]  it was a big trade thing, but anyhow, we got it indirectly from the state of Washington.
[01:07:06.000 --> 01:07:10.000]  Part of the contract said that we would be open to the public
[01:07:10.000 --> 01:07:14.000]  to use our facility as part of the sales contract.
[01:07:14.000 --> 01:07:15.000]  Oh, wow. So –
[01:07:15.000 --> 01:07:17.000]  So we're bound by contract. That's number one.
[01:07:17.000 --> 01:07:19.000]  So it came – okay, so there's like deed restrictions,
[01:07:19.000 --> 01:07:24.000]  or I guess this would be a covenant, a covenant restriction in this case.
[01:07:24.000 --> 01:07:29.000]  In other words, the land is like – it's got strings attached.
[01:07:29.000 --> 01:07:32.000]  Doesn't this go to interfering with the private contract?
[01:07:32.000 --> 01:07:36.000]  No, because they agreed to have their land
[01:07:36.000 --> 01:07:40.000]  and the use of the land open to the public when they bought the land.
[01:07:40.000 --> 01:07:46.000]  Well, they – the state sold this to them under the condition that
[01:07:46.000 --> 01:07:51.000]  they would operate a gun range that was open to the public.
[01:07:51.000 --> 01:07:52.000]  Yeah, that's right. And they agreed –
[01:07:52.000 --> 01:07:54.000]  They're under contract with the state.
[01:07:54.000 --> 01:07:58.000]  Now the county is coming in and trying to interfere with that contract.
[01:07:58.000 --> 01:08:04.000]  I don't think so, because those kinds of agreements are pending
[01:08:04.000 --> 01:08:12.000]  and dependent upon local municipal, county ordinance, et cetera, et cetera.
[01:08:12.000 --> 01:08:16.000]  They're saying if you're – they're saying you're buying this land,
[01:08:16.000 --> 01:08:22.000]  you agree to have it open to the public for public use, for the public gun range.
[01:08:22.000 --> 01:08:27.000]  And so, you know, they could not do anything at all if they wanted to.
[01:08:27.000 --> 01:08:30.000]  Like, they could say, well, we can't – you know, they had financial difficulties or something.
[01:08:30.000 --> 01:08:34.000]  I mean, you can't force somebody to run a business, all right?
[01:08:34.000 --> 01:08:39.000]  But if they're going to run a business at all or if they're going to run any activity at all,
[01:08:39.000 --> 01:08:44.000]  pursuant to those covenants that they agreed to when they bought the land from the state,
[01:08:44.000 --> 01:08:46.000]  then it has to be open to the public.
[01:08:46.000 --> 01:08:51.000]  But that doesn't supersede that if you're going to do something like that,
[01:08:51.000 --> 01:08:55.000]  you're subject to local ordinance governing business.
[01:08:55.000 --> 01:09:00.000]  Sure. This sounds like the county is trying to step on the state.
[01:09:00.000 --> 01:09:01.000]  I don't think so.
[01:09:01.000 --> 01:09:09.000]  Because the state sold this to them on the condition that they would operate a gun range open to the public.
[01:09:09.000 --> 01:09:15.000]  And now this county is coming along and saying you can't operate a gun range open to the public.
[01:09:15.000 --> 01:09:18.000]  I don't think so, Randy, because any kind of business,
[01:09:18.000 --> 01:09:24.000]  especially a corporation that's going to have a service that's open to the public,
[01:09:24.000 --> 01:09:31.000]  it's going to fall, they've basically already agreed to be subject to these local ordinance.
[01:09:31.000 --> 01:09:34.000]  I mean, okay, let me give you another example.
[01:09:34.000 --> 01:09:37.000]  Let's give an example of a restaurant, all right?
[01:09:37.000 --> 01:09:44.000]  Let's say some non-for-profit corporate entity bought a piece of land from the state
[01:09:44.000 --> 01:09:48.000]  for the purpose of running a restaurant that would be open to the public.
[01:09:48.000 --> 01:09:50.000]  Okay, that's a covenant restriction.
[01:09:50.000 --> 01:09:57.000]  Well, that doesn't mean that the people running the restaurant can just have the place be a complete filth,
[01:09:57.000 --> 01:10:01.000]  filled with filth, and there's roaches and rats running everywhere,
[01:10:01.000 --> 01:10:08.000]  and they can just tell the city to go stick it because they have a covenant with the state that they get to run a restaurant.
[01:10:08.000 --> 01:10:10.000]  It doesn't work that way.
[01:10:10.000 --> 01:10:16.000]  I mean, if you're going to have a business that's inside a municipality or within the county
[01:10:16.000 --> 01:10:21.000]  that's subject to governing businesses and regulating business,
[01:10:21.000 --> 01:10:26.000]  they're still going to have to be subject to those business regulations.
[01:10:26.000 --> 01:10:28.000]  That's what it looks like to me.
[01:10:28.000 --> 01:10:35.000]  It's just that in addition to that, they have a contract with the state, okay?
[01:10:35.000 --> 01:10:40.000]  In other words, if they decided to make this whole thing private,
[01:10:40.000 --> 01:10:45.000]  well, then they could tell the county or the municipality to go screw off,
[01:10:45.000 --> 01:10:50.000]  but then they would be in trouble with the state for not having it open to the public, you see?
[01:10:50.000 --> 01:10:51.000]  Hold on.
[01:10:51.000 --> 01:10:55.000]  The state entered into a contract with them,
[01:10:55.000 --> 01:11:05.000]  and they purchased the property from the state on the condition that they would operate a gun range open to the public.
[01:11:05.000 --> 01:11:09.000]  That's the condition on which they purchased the property.
[01:11:09.000 --> 01:11:14.000]  Now, the county is trying to come along and change those conditions.
[01:11:14.000 --> 01:11:21.000]  The county is not trying to force them to run a private gun range.
[01:11:21.000 --> 01:11:23.000]  They're not trying to change the condition.
[01:11:23.000 --> 01:11:25.000]  They're trying to shut down his gun range,
[01:11:25.000 --> 01:11:31.000]  setting laws specifically for the purpose of denying them the right to operate their gun range.
[01:11:31.000 --> 01:11:34.000]  They're not regulating all businesses.
[01:11:34.000 --> 01:11:39.000]  They're specifically singling this singular business out for special regulation
[01:11:39.000 --> 01:11:42.000]  in order to inhibit them from operating their business.
[01:11:42.000 --> 01:11:50.000]  That's not like the health and safety code that applies to all business.
[01:11:50.000 --> 01:11:58.000]  They've singled them out for special treatment in order for the specific purpose of shutting them down.
[01:11:58.000 --> 01:12:01.000]  That, finally, is the contract with the state.
[01:12:01.000 --> 01:12:04.000]  Sure, and there's a few other details that may be relevant.
[01:12:04.000 --> 01:12:09.000]  One is while you're open to the public, we're not running a business.
[01:12:09.000 --> 01:12:12.000]  Any monies we get are donations.
[01:12:12.000 --> 01:12:14.000]  I don't know if that's a technical difference or not.
[01:12:14.000 --> 01:12:16.000]  That's number one.
[01:12:16.000 --> 01:12:20.000]  Number two is that we have an appellate court ruling
[01:12:20.000 --> 01:12:29.000]  that at this point is finalized because the highest appellate court in the state is denied review
[01:12:29.000 --> 01:12:35.000]  that says we have grandfathered, what's the phrase, grandfathered nonconforming rights.
[01:12:35.000 --> 01:12:41.000]  We have a gun range that doesn't conform with current regulations if you're doing a commercial gun range,
[01:12:41.000 --> 01:12:49.000]  but we're grandfathered in, and the order of the court was we cannot be closed because we have grandfathered rights.
[01:12:49.000 --> 01:12:50.000]  So what happened?
[01:12:50.000 --> 01:12:55.000]  They passed a new ordinance, and the local court closed us immediately.
[01:12:55.000 --> 01:13:02.000]  It comes shockingly close, in my opinion, to the local court overruling the appellate court.
[01:13:02.000 --> 01:13:05.000]  That sounds like a judicata.
[01:13:05.000 --> 01:13:12.000]  If you have a court ruling already from a higher court that says that you're grandfathered in,
[01:13:12.000 --> 01:13:19.000]  then yeah, the locals can't come in and start making new ordinances and say,
[01:13:19.000 --> 01:13:23.000]  oh, well, guess what, you're not grandfathered in because we just have this new ordinance,
[01:13:23.000 --> 01:13:28.000]  and yeah, the local court is going to shut you down, and so you just have to appeal it.
[01:13:28.000 --> 01:13:30.000]  You just have to work your way up on the appeal.
[01:13:30.000 --> 01:13:32.000]  Again.
[01:13:32.000 --> 01:13:36.000]  Petition for writ of mandamus.
[01:13:36.000 --> 01:13:44.000]  From my understanding, and I have dealt with petitions for writ of mandamus a lot lately in the last several years,
[01:13:44.000 --> 01:13:55.000]  the appellate courts are not going to give you a writ of mandamus if you have not already exhausted all other appellate remedies.
[01:13:55.000 --> 01:14:04.000]  That is for cases where you have exhausted every other remedy and you still don't have relief.
[01:14:04.000 --> 01:14:12.000]  This is a county acting in direct contravention of a court order.
[01:14:12.000 --> 01:14:18.000]  Yes, so then what he does is then he appeals it, and if possible,
[01:14:18.000 --> 01:14:23.000]  if there's any way to make it an interlocutory appeal if the case isn't already done,
[01:14:23.000 --> 01:14:32.000]  you appeal it as quickly as possible, but the mandamus is for a situation
[01:14:32.000 --> 01:14:37.000]  where you've exhausted every other remedy possible because this is what always happens.
[01:14:37.000 --> 01:14:46.000]  You file for mandamus, they are going to deny you saying that you have not exhausted all your other appellate remedies yet.
[01:14:46.000 --> 01:14:47.000]  Okay.
[01:14:47.000 --> 01:14:49.000]  It's going to happen every time.
[01:14:49.000 --> 01:14:53.000]  Okay, that's the legal side. I'm thinking on the political side.
[01:14:53.000 --> 01:14:58.000]  Well, the thing is you don't want to blow it with the appellate court
[01:14:58.000 --> 01:15:03.000]  because you may need them to grant a mandamus at some point in this case,
[01:15:03.000 --> 01:15:08.000]  or you're going to need them to rule in your favor on the appeal,
[01:15:08.000 --> 01:15:12.000]  and so you don't want to look like you don't know what you're doing
[01:15:12.000 --> 01:15:19.000]  that you're just trying to cause trouble by asking for mandamuses in situations where it's not really appropriate.
[01:15:19.000 --> 01:15:22.000]  I mean, probably their lawyer is not even going to let them do it anyway.
[01:15:22.000 --> 01:15:25.000]  He's going to say that it's not appropriate in this situation.
[01:15:25.000 --> 01:15:29.000]  I mean, a situation where a mandamus is appropriate, let's put it this way,
[01:15:29.000 --> 01:15:37.000]  without revealing too much about somebody's case, they have been trying to appeal it
[01:15:37.000 --> 01:15:42.000]  because it has very much to do with a certain election,
[01:15:42.000 --> 01:15:49.000]  and what's ended up happening is that the district court judge will never enter a final ruling.
[01:15:49.000 --> 01:15:55.000]  Never. They said he did, and then a notice of appeal was filed,
[01:15:55.000 --> 01:15:58.000]  and then the judge changed the order and said,
[01:15:58.000 --> 01:16:01.000]  well, I'm going to have more changes because of this, that, and the other,
[01:16:01.000 --> 01:16:05.000]  and so this is dragged on for months, and he keeps issuing orders,
[01:16:05.000 --> 01:16:11.000]  and he keeps changing them, and in other words, there's never a final order in the case,
[01:16:11.000 --> 01:16:19.000]  and by the time the judge does issue a final order, the term of the office will be done.
[01:16:19.000 --> 01:16:22.000]  It'll be pointless if this person even wins their case, okay,
[01:16:22.000 --> 01:16:25.000]  and so after it has dragged on for months and months and months,
[01:16:25.000 --> 01:16:29.000]  and the district court will not issue a final order, and there's nothing to appeal,
[01:16:29.000 --> 01:16:32.000]  that is the time for a writ of mandamus.
[01:16:32.000 --> 01:16:35.000]  You say to the appellate court, this is a bunch of BS.
[01:16:35.000 --> 01:16:39.000]  This judge will not issue a ruling. I can't appeal anything.
[01:16:39.000 --> 01:16:42.000]  I want you to order this judge to enter a final ruling.
[01:16:42.000 --> 01:16:44.000]  That's the time for a mandamus.
[01:16:44.000 --> 01:16:49.000]  If this court that Marshall's dealing with has entered a final ruling, he just needs appeal.
[01:16:49.000 --> 01:16:52.000]  An appeal as quickly as possible.
[01:16:52.000 --> 01:16:55.000]  If you can't get any relief, then do a mandamus.
[01:16:55.000 --> 01:16:56.000]  That's my take on it.
[01:16:56.000 --> 01:17:01.000]  Anyways, we'll be right back, folks.
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[01:19:26.000 --> 01:19:36.000]  Well, ain't gonna fool me with that same old trick again.
[01:19:36.000 --> 01:19:41.000]  I was blindsided but now I can see your plan.
[01:19:41.000 --> 01:19:46.000]  You put the fear in my pocket, took the money from my hand.
[01:19:46.000 --> 01:19:56.000]  Ain't gonna fool me with that same old trick again.
[01:19:56.000 --> 01:20:00.000]  Okay, folks, we're back. This is the Rule of Law, Randy Kelton, Deborah Stevens.
[01:20:00.000 --> 01:20:02.000]  We're talking with Marshall Collers.
[01:20:02.000 --> 01:20:07.000]  We see you there. We will get to you as soon as we're done with Marshall here, maybe in a segment or two.
[01:20:07.000 --> 01:20:12.000]  So at any rate, yeah, that's my take on mandamus, Randy.
[01:20:12.000 --> 01:20:20.000]  I mean, it's like I have seen, I just personally have gotten my fill of watching people getting their mandamuses denied
[01:20:20.000 --> 01:20:27.000]  and PO-ing the appellate courts by asking for them when it's just not really an appropriate situation.
[01:20:27.000 --> 01:20:36.000]  So I would suggest pursuing all possible administrative appellate remedies first before asking for the mandamus.
[01:20:36.000 --> 01:20:38.000]  That's my take on it.
[01:20:38.000 --> 01:20:42.000]  And give you a couple of details where we're at right now.
[01:20:42.000 --> 01:20:46.000]  We were at the trial court level. They had been briefed.
[01:20:46.000 --> 01:20:50.000]  We had not started to have a trial yet. The county asked for summary judgment.
[01:20:50.000 --> 01:20:54.000]  They have a preliminary injunction that's closing the range right now.
[01:20:54.000 --> 01:21:01.000]  And we had submitted an interlocutory appeal to stay the preliminary injunction.
[01:21:01.000 --> 01:21:09.000]  And we were in court on that issue, in fact, a week ago.
[01:21:09.000 --> 01:21:11.000]  So, yes.
[01:21:11.000 --> 01:21:17.000]  Did you counter sue the County for interfering with the brother business?
[01:21:17.000 --> 01:21:23.000]  We counter sued them on like 15 different issues to give them notice.
[01:21:23.000 --> 01:21:30.000]  Because this is the second time around, the membership of the club is basically said we're taking the gloves off.
[01:21:30.000 --> 01:21:33.000]  Because they could keep this going on forever at this point.
[01:21:33.000 --> 01:21:36.000]  They just pass another ordinance and sue us again.
[01:21:36.000 --> 01:21:38.000]  One thing to tell them is we're going to sue them.
[01:21:38.000 --> 01:21:43.000]  One thing to tell the membership, you're not going to be buddies with the court.
[01:21:43.000 --> 01:21:48.000]  There's nothing you can do that will make the court like you.
[01:21:48.000 --> 01:21:51.000]  So you don't have to worry about PO-ing the court.
[01:21:51.000 --> 01:21:55.000]  You don't have to worry about PO-ing the county on the other side.
[01:21:55.000 --> 01:22:01.000]  Because they're never going to rule in your favor intentionally no matter what.
[01:22:01.000 --> 01:22:03.000]  So you might as well take the gloves off.
[01:22:03.000 --> 01:22:04.000]  Yeah.
[01:22:04.000 --> 01:22:05.000]  And here's one suggestion.
[01:22:05.000 --> 01:22:09.000]  I hope this is appropriate in this situation because I don't know all the details.
[01:22:09.000 --> 01:22:19.000]  But it sounds like you're ultimately going to win the appeal anyway because you've already got this higher court ruling concerning y'all being grandfathered in.
[01:22:19.000 --> 01:22:20.000]  Okay.
[01:22:19.000 --> 01:22:21.000]  That really should be all that's necessary.
[01:22:21.000 --> 01:22:30.000]  And one issue that you may want to raise at this point now during the case, because it sounds like there's not even a final order in the case.
[01:22:30.000 --> 01:22:45.000]  But whenever it goes up on appeal or whatever appropriate time to file a document that mentions this, I would say, look, this local, whether I don't know if it's a municipality or the county, it's the county?
[01:22:45.000 --> 01:22:46.000]  Yeah.
[01:22:46.000 --> 01:22:56.000]  Okay, yeah, the county is abusing the judicial process here by passing these ordinances knowing that you guys are grandfathered in.
[01:22:56.000 --> 01:22:57.000]  Okay.
[01:22:57.000 --> 01:23:03.000]  That is not only an abuse of your rights and the rights of the club.
[01:23:03.000 --> 01:23:06.000]  This is abuse of the court.
[01:23:06.000 --> 01:23:07.000]  Okay.
[01:23:07.000 --> 01:23:17.000]  This is abuse of the judicial process because it is forcing you guys, their actions are forcing you guys to take this up on appeal.
[01:23:17.000 --> 01:23:18.000]  Okay.
[01:23:17.000 --> 01:23:22.000]  And they are creating unnecessary litigation.
[01:23:22.000 --> 01:23:25.000]  They're actually harassing you guys.
[01:23:25.000 --> 01:23:36.000]  It's a harassment to you by passing this ordinance after they already know it's going to get shot down because of this appellate court ruling that says you guys are grandfathered in, so they're harassing you.
[01:23:36.000 --> 01:23:37.000]  They're harassing the court.
[01:23:37.000 --> 01:23:42.000]  It's called abuse of process, abuse of the judicial process, abuse of the court.
[01:23:42.000 --> 01:23:43.000]  Okay.
[01:23:42.000 --> 01:23:47.000]  And they should be sanctioned for abusing the court.
[01:23:47.000 --> 01:23:51.000]  The lawyer should be sanctioned.
[01:23:51.000 --> 01:23:53.000]  He's the one afraid of being sanctioned.
[01:23:53.000 --> 01:23:55.000]  The lawyer and the county.
[01:23:55.000 --> 01:23:58.000]  But yes, the lawyer, the lawyer should be sanctioned.
[01:23:58.000 --> 01:24:08.000]  Especially the county lawyer should be sanctioned because this is a judicial abuse of process.
[01:24:08.000 --> 01:24:09.000]  Okay.
[01:24:08.000 --> 01:24:18.000]  He's bringing to the table legal arguments here that are frivolous because ultimately they will get shot down because you guys are grandfathered in.
[01:24:18.000 --> 01:24:20.000]  You already have the ace in the hole.
[01:24:20.000 --> 01:24:22.000]  That's what it sounds like to me.
[01:24:22.000 --> 01:24:29.000]  It's just they're forcing you to go through this whole process again of fighting them and appealing and ultimately winning.
[01:24:29.000 --> 01:24:35.000]  And then so the argument that I would make if it were me, I would say, so what's next?
[01:24:35.000 --> 01:24:41.000]  We're going to beat you guys and then you're just going to pass another ordinance and force us to do this all again.
[01:24:41.000 --> 01:24:42.000]  Okay.
[01:24:42.000 --> 01:24:50.000]  So this is when you say not only do we want sanctions for abuse of the court, but we want an injunction.
[01:24:50.000 --> 01:24:52.000]  We want relief and equity.
[01:24:52.000 --> 01:24:59.000]  We want an injunction against the county, prohibiting them from ever passing any ordinance similar to this again.
[01:24:59.000 --> 01:25:03.000]  And if they do, then they're instantly in breach and contempt of court.
[01:25:03.000 --> 01:25:04.000]  Okay.
[01:25:04.000 --> 01:25:05.000]  Because this is ridiculous.
[01:25:05.000 --> 01:25:10.000]  Otherwise, what's going to happen is you're just going to keep winning and they're going to keep passing ordinances, keep shutting you down.
[01:25:10.000 --> 01:25:20.000]  Then you keep appealing and keep winning and it'll just keep going on and on forever. All right. Until some until y'all get an injunction against these crazy people.
[01:25:20.000 --> 01:25:26.000]  Marshall, Marshall, are you really ready to take the gloves off?
[01:25:26.000 --> 01:25:31.000]  Oh, well, from that standpoint, the gloves have already come off on the second case.
[01:25:31.000 --> 01:25:45.000]  Another question. How many bar grievances have you filed against the opposing counsel?
[01:25:45.000 --> 01:25:47.000]  Zero.
[01:25:47.000 --> 01:25:51.000]  Okay, let me tell you something about bar grievances.
[01:25:51.000 --> 01:26:07.000]  If you file a bar grievance against opposing counsel and you accuse counsel of pushing a truckload of dead babies off a cliff, they're going to say, well, we examined into your accusation and find it does not rise to the level of misconduct.
[01:26:07.000 --> 01:26:16.000]  If you file a bar grievance against opposing counsel, accusing that shyster of parting his hair on the left, if you can believe that.
[01:26:16.000 --> 01:26:23.000]  You're going to get a letter saying we examined into your accusation and find it does not rise to the level of misconduct.
[01:26:23.000 --> 01:26:29.000]  Their insurance company knows that's exactly what the bar is going to do.
[01:26:29.000 --> 01:26:34.000]  So how does the malpractice insurance carrier gauge this level of risk?
[01:26:34.000 --> 01:26:39.000]  By valid bar grievances? They toss them all in the trash.
[01:26:39.000 --> 01:26:41.000]  By the numbers.
[01:26:41.000 --> 01:26:43.000]  First bar grievance.
[01:26:43.000 --> 01:26:48.000]  Double the malpractice insurance. If it's first year of practice, they cancel immediately.
[01:26:48.000 --> 01:26:53.000]  Second bar grievance, if you've been in practice 20 years, they cancel.
[01:26:53.000 --> 01:26:56.000]  Third, they cancel your law firm's malpractice insurance.
[01:26:56.000 --> 01:26:59.000]  Now that is patently unfair.
[01:26:59.000 --> 01:27:02.000]  Yeah, but other life is tough.
[01:27:02.000 --> 01:27:04.000]  Go whine to somebody else.
[01:27:04.000 --> 01:27:18.000]  If the county right now is coming after you and forcing you to expend an extreme, a large amount of fines in order to maintain this issue, take it to them.
[01:27:18.000 --> 01:27:23.000]  Bargaining the lawyer, judicial conduct, complaint to judge.
[01:27:23.000 --> 01:27:33.000]  Judicial conduct, a complaint against the judge is a mark on his record and it never ever goes away.
[01:27:33.000 --> 01:27:38.000]  They don't care if it's valid or invalid. He got one.
[01:27:38.000 --> 01:27:41.000]  It stays on his record forever.
[01:27:41.000 --> 01:27:53.000]  Well, one interesting point with all this is the person in charge of prosecuting the civil case is the county prosecutor.
[01:27:53.000 --> 01:27:56.000]  Oh, I love those guys.
[01:27:56.000 --> 01:28:05.000]  The county prosecutor, if you bargrieve him, if you have a number of the people from the group bargrieve him.
[01:28:05.000 --> 01:28:09.000]  You're breaking up, Andy. You're breaking up real badly.
[01:28:09.000 --> 01:28:21.000]  If you have a number of the members of your group bargrieve this attorney, while he's the prosecutor, that doesn't hurt him too bad.
[01:28:21.000 --> 01:28:37.000]  But that will condemn him to have to always be a government attorney because if he gets out of government practice, he can't get malpractice insurance.
[01:28:37.000 --> 01:28:39.000]  This is the politics.
[01:28:39.000 --> 01:28:46.000]  When I say all politics is local, you guys want to play hardball?
[01:28:46.000 --> 01:28:59.000]  We'll introduce you to the deep end of the pool and if the lawyer comes into court and complains about the bar grievance, you move for mistrial.
[01:28:59.000 --> 01:29:07.000]  Then you move for sanctions against the lawyer because every bar forbids the lawyer to mention the bar grievance.
[01:29:07.000 --> 01:29:12.000]  This is something they can't defend themselves against.
[01:29:12.000 --> 01:29:18.000]  They're trying to unfairly use the law against you.
[01:29:18.000 --> 01:29:22.000]  Take the gloves off. You got members there.
[01:29:22.000 --> 01:29:33.000]  And if these are guys who like to go to the range, then they're not, then they're most likely A-type personalities.
[01:29:33.000 --> 01:29:40.000]  You start using those guys to bring the politics back to the county in ways they can't complain about.
[01:29:40.000 --> 01:29:46.000]  You file claims against the county's bond.
[01:29:46.000 --> 01:29:49.000]  The county's bond goes up.
[01:29:49.000 --> 01:29:53.000]  These are the kinds of things that stay in the background.
[01:29:53.000 --> 01:29:56.000]  Hang on, we'll touch on that a little bit when we get back and then I'll shut up.
[01:29:56.000 --> 01:30:00.000]  Randy Kelton, you'll be right back.
[01:30:00.000 --> 01:30:08.000]  A carload of teenagers pulls up alongside you and tosses a milkshake, splat.
[01:30:08.000 --> 01:30:09.000]  What to do?
[01:30:09.000 --> 01:30:10.000]  I've got your cam for it all, Rex.
[01:30:10.000 --> 01:30:16.000]  And I'll tell you how one woman lost her cool and 2,000 bucks by seeking revenge next.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:22.000]  When you give up data about yourself, you'll never get it back again.
[01:30:22.000 --> 01:30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.000 --> 01:30:28.000]  So protect your rights.
[01:30:28.000 --> 01:30:32.000]  Say no to surveillance and keep your information to yourself.
[01:30:32.000 --> 01:30:35.000]  Privacy, it's worth hanging on to.
[01:30:35.000 --> 01:30:42.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:46.000 --> 01:30:51.000]  In Palo Alto, a woman was out for a walk when a Range Rover full of teenagers roared by.
[01:30:51.000 --> 01:30:57.000]  As they passed, one of the teens tossed a milkshake, which I'm sorry to say, hit its intended target.
[01:30:57.000 --> 01:30:58.000]  How did the woman react?
[01:30:58.000 --> 01:30:59.000]  Well, not well.
[01:30:59.000 --> 01:31:03.000]  She lost her head and hurt her purse at the car, which was a bad idea.
[01:31:03.000 --> 01:31:09.000]  For one, it was an expensive alligator skin purse, and two, it had 2,000 bucks inside.
[01:31:09.000 --> 01:31:16.000]  The purse sailed through the car's open window and the teens drove off, minus one milkshake and two grand richer.
[01:31:16.000 --> 01:31:17.000]  The moral of the story?
[01:31:17.000 --> 01:31:21.000]  When milkshakes fly your way, it's always best to keep your cool.
[01:31:21.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.000 --> 01:31:37.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:13.000 --> 01:33:21.000]  Yeah, who you want to chip? Who you take me for? Free Tully? Who you want to chip? Me no free Tully. You can't chip me.
[01:33:21.000 --> 01:33:27.000]  All I'm saying is don't let them chip you in the morning, chip you in the evening. Put a chip in your body.
[01:33:27.000 --> 01:33:31.000]  And then the way you go computer reading, you can't hide me from nobody.
[01:33:31.000 --> 01:33:37.000]  What me say? Chip in your mom, chip in your daddy, chip in your grandpa and the granny.
[01:33:37.000 --> 01:33:42.000]  Chip in me, chip in your baby, chip in your family, whole family.
[01:33:42.000 --> 01:33:46.000]  Chip in your dad and the kids around me. Chip in the beef and you still go eat it.
[01:33:46.000 --> 01:33:51.000]  Chip in the fish, them all in the sea. Chip in the shark and the whale around me.
[01:33:51.000 --> 01:33:56.000]  You must be mankind, gone too crazy. Take the connecting, man, they want to be be.
[01:33:56.000 --> 01:34:01.000]  Social security, they go tell me. Number with them give me, they'll rip it up you see.
[01:34:01.000 --> 01:34:05.000]  I'm chip you in the morning, chip you in the evening, chip you all the dinner time.
[01:34:05.000 --> 01:34:10.000]  Experiments on mankind. But man, me no say them lie.
[01:34:10.000 --> 01:34:15.000]  Who me want to chip, man, you're happy about me. Freedom or something, man, you fight for me.
[01:34:15.000 --> 01:34:19.000]  Okay, we are back with Randy Kelton, Deborah Stewart, who's good with our radio.
[01:34:19.000 --> 01:34:24.000]  And as usual, the real exciting stuff goes on during the break.
[01:34:24.000 --> 01:34:31.000]  And during the break, we were talking about, we were trying to analyze how this, what is really going on here.
[01:34:31.000 --> 01:34:37.000]  And it seems as though someone in the county wants to get rid of this range for whatever reason.
[01:34:37.000 --> 01:34:42.000]  We may have some gun control advocate who thinks all guns should be eliminated.
[01:34:42.000 --> 01:34:54.000]  So they're using the county and they're using county funds in order to afford a personal individual agenda.
[01:34:54.000 --> 01:34:57.000]  And on the break, we were talking about full faith and credit.
[01:34:57.000 --> 01:35:00.000]  Deborah, you want to talk about that?
[01:35:00.000 --> 01:35:05.000]  Well, that was your, that was your thing, Randy. I had something else. Go ahead.
[01:35:05.000 --> 01:35:09.000]  Okay. You bring your part and then we'll come back to that.
[01:35:09.000 --> 01:35:15.000]  Okay. Well, what I was saying, you know, there was a lot of discussion about rights and this sort of thing.
[01:35:15.000 --> 01:35:20.000]  And I mean, like I said, I am not familiar enough with the details of the case to know for sure.
[01:35:20.000 --> 01:35:26.000]  But just my instinct here is that this case has already been litigated.
[01:35:26.000 --> 01:35:31.000]  Okay. That's what I'm understanding here. This has already happened once. There's already been one ruling.
[01:35:31.000 --> 01:35:37.000]  There's now an appellate court ruling that's already in place saying that the gun range is grandfathered in.
[01:35:37.000 --> 01:35:42.000]  This is what's called res judicata. It's an issue that has been decided.
[01:35:42.000 --> 01:35:47.000]  Okay. It's already a done deal. Okay. And so why are they bringing it up again?
[01:35:47.000 --> 01:35:53.000]  This is fomenting unnecessary litigation. This is abuse of the court. It's abuse of the judicial procedure.
[01:35:53.000 --> 01:35:58.000]  All right. This is the kind of thing that attorneys and their clients get sanctioned for.
[01:35:58.000 --> 01:36:04.000]  And I would mainly be going after that as far as what are you guys talking about?
[01:36:04.000 --> 01:36:11.000]  You know, y'all are going to get in a lot of trouble here for bringing up this issue again. Really. I mean, it's like.
[01:36:11.000 --> 01:36:21.000]  Well, their position is that we were sued under a nuisance law before, and now they have a specific range ordinance.
[01:36:21.000 --> 01:36:27.000]  So that's a completely different piece of legislation. So they get a clean slate to start over again.
[01:36:27.000 --> 01:36:35.000]  The range ordinance was passed specifically to circumvent res judicata.
[01:36:35.000 --> 01:36:36.000]  Yeah, that's right.
[01:36:36.000 --> 01:36:41.000]  It won't fly. And what Deborah said about fomenting litigation.
[01:36:41.000 --> 01:36:48.000]  Texas is the only state that has baritone laws.
[01:36:48.000 --> 01:36:59.000]  Marshall is in Washington state. Washington state has never this Washington state legislature has never considered this issue.
[01:36:59.000 --> 01:37:05.000]  But all of the states respect the legislatures of other states.
[01:37:05.000 --> 01:37:16.000]  So if you're in a state and your legislature has never addressed an issue, but the legislature of another state has addressed that issue under full faith and credit,
[01:37:16.000 --> 01:37:20.000]  you can draw that issue into Washington.
[01:37:20.000 --> 01:37:35.000]  And in Texas, 38.123 Texas penal code says that if a lawyer advises a client to take an action that will lead to litigation,
[01:37:35.000 --> 01:37:43.000]  and the lawyer then gets to represent that litigation, that's baritone and that's a felony in Texas.
[01:37:43.000 --> 01:37:59.000]  So while the court in Washington state is not required to give full faith and credit to Texas baritone laws, it can be very compelling.
[01:37:59.000 --> 01:38:11.000]  And when I think of how to go after these guys, think of it in terms of politics, not what you can actually get done, but what you might get done.
[01:38:11.000 --> 01:38:28.000]  If you get the county to look at a situation to where what if these guys make this argument and the court actually rules in their favor, we are in big trouble.
[01:38:28.000 --> 01:38:42.000]  And it appears as though from, listen to Marshall, that we have a county here who has someone in the county who has a ax to grind.
[01:38:42.000 --> 01:38:49.000]  And they've used the county and used county funds to grind their own ax.
[01:38:49.000 --> 01:38:54.000]  And they've already been ruled against once and they come back and try this thing again.
[01:38:54.000 --> 01:38:55.000]  It's time to go back after.
[01:38:55.000 --> 01:39:01.000]  What exactly does the appellate ruling say about the grandfathering?
[01:39:01.000 --> 01:39:10.000]  I don't have it in front of me, but the short and long of it is that the, I think the phrase without lawful authority came up,
[01:39:10.000 --> 01:39:23.000]  and they said that the, let's see if I can get the terms exactly right, the nonconforming grandfathered rights of the club were established and the club could not be closed.
[01:39:23.000 --> 01:39:32.000]  Well, you know, that seems pretty clear to me that it wasn't, it's not specifically related to nuisance.
[01:39:32.000 --> 01:39:37.000]  It just says that y'all have rights and that y'all can't be closed.
[01:39:37.000 --> 01:39:44.000]  What part of the club cannot be closed is hard to understand.
[01:39:44.000 --> 01:39:46.000]  Yeah. Okay.
[01:39:46.000 --> 01:39:51.000]  This is a completely and totally frivolous suit.
[01:39:51.000 --> 01:39:53.000]  This is frivolous.
[01:39:53.000 --> 01:39:59.000]  I mean, you should hammer the attorney for sanctions.
[01:39:59.000 --> 01:40:01.000]  Attorneys are terrified of sanctions.
[01:40:01.000 --> 01:40:02.000]  That's what I'm saying, sanctions.
[01:40:02.000 --> 01:40:06.000]  This is the issue here at stake is res judicata for sure.
[01:40:06.000 --> 01:40:09.000]  That means the issue has already been decided.
[01:40:09.000 --> 01:40:10.000]  It's already been decided.
[01:40:10.000 --> 01:40:11.000]  Y'all have grandfathered rights.
[01:40:11.000 --> 01:40:13.000]  The club cannot be closed.
[01:40:13.000 --> 01:40:24.000]  And I'm sure that there's no caveat in there that the club cannot be closed, quote, you know, or parentheses only for nuisance reasons.
[01:40:24.000 --> 01:40:29.000]  I mean, do you really think that the appellate court is going to entertain this crap?
[01:40:29.000 --> 01:40:31.000]  I mean, this is a bunch of BS.
[01:40:31.000 --> 01:40:35.000]  I mean, if I was on that appellate court, I would be pissed.
[01:40:35.000 --> 01:40:45.000]  I mean, I would be really, really mad at the county for passing this ordinance for the obvious purpose of circumventing res judicata.
[01:40:45.000 --> 01:40:48.000]  I mean, seriously, I mean.
[01:40:48.000 --> 01:40:58.000]  Well, and the part that I think may eventually get the local trial judge in a bit of trouble, because as you're well aware, I'm sure,
[01:40:58.000 --> 01:41:03.000]  appellate courts really don't like it when lower courts start overruling them.
[01:41:03.000 --> 01:41:14.000]  And the part that really makes it egregious in my mind is because the county's trying to deny us a trial on the merits with the request for summary judgment, A.
[01:41:14.000 --> 01:41:20.000]  And B, they use the preliminary injunction to close the range before we've even gotten our trial.
[01:41:20.000 --> 01:41:24.000]  But y'all did file an interlocutory appeal on that, right?
[01:41:24.000 --> 01:41:24.000]  Sure.
[01:41:24.000 --> 01:41:26.000]  We're waiting for the answer on that now.
[01:41:26.000 --> 01:41:33.000]  Okay. Well, the answer on the interlocutory appeal is going to say a lot as far as where this case is actually going to go.
[01:41:33.000 --> 01:41:34.000]  Sure.
[01:41:34.000 --> 01:41:46.000]  And they were, you consider in the first case when we appealed the original ruling and they closed the range, the appellate court immediately reopened us.
[01:41:46.000 --> 01:41:47.000]  That's number one.
[01:41:47.000 --> 01:41:49.000]  Yeah, I bet they do it again.
[01:41:49.000 --> 01:41:50.000]  I bet they do it again.
[01:41:50.000 --> 01:41:59.000]  In support of what Deborah is saying, the only court in this whole system that's giving us relief is the appellate court, not the Supreme Court, not the local court.
[01:41:59.000 --> 01:42:05.000]  Yeah, it's the only court that's ever going to is the appellate court or possibly the Supreme Court.
[01:42:05.000 --> 01:42:14.000]  Whether you're at the federal level or the state level, don't ever expect any relief at the trial court level, ever, ever, ever.
[01:42:14.000 --> 01:42:20.000]  If you get relief at the trial court level, it's like a blue moon. Okay, seriously.
[01:42:20.000 --> 01:42:35.000]  The only purpose for the trial court phase of things is to just lay the record and make sure that you get in all the evidence that you want on the record and make sure that you levy all of the objections that you need to levy.
[01:42:35.000 --> 01:42:40.000]  Everything that you need to object to, you need to get on the record, you just use it for the record.
[01:42:40.000 --> 01:42:41.000]  That's it.
[01:42:41.000 --> 01:42:45.000]  The real fight is in the appellate court.
[01:42:45.000 --> 01:42:49.000]  Tell your people, let the judge screw up all he wants to.
[01:42:49.000 --> 01:42:51.000]  Your only purpose here is setting the record.
[01:42:51.000 --> 01:42:54.000]  The more he screws up, up the better.
[01:42:54.000 --> 01:42:59.000]  So don't feel bad when he rules against you, especially when he rules against you, stupid.
[01:42:59.000 --> 01:43:04.000]  Yahoo, never interfere with someone when they're screwing up.
[01:43:04.000 --> 01:43:05.000]  Yes, absolutely.
[01:43:05.000 --> 01:43:23.000]  And I would say ultimately, unless the appellate court just knocks this whole thing down right now, when you do the final appeal, you ask for sanctions against the judge, this municipal judge or this county judge, whatever it is, this lower level judge.
[01:43:23.000 --> 01:43:25.000]  You ask for sanctions against the judge.
[01:43:25.000 --> 01:43:33.000]  You want the appellate court to sanction this judge for attempting to circumvent one of their prior rulings.
[01:43:33.000 --> 01:43:35.000]  Appellate judges don't like that.
[01:43:35.000 --> 01:43:38.000]  They will sanction lower judges for stuff like that.
[01:43:38.000 --> 01:43:50.000]  And the local officials, based on their public statements, do not appear to understand that they can't just pass any ordinance and regulate anything they want to.
[01:43:50.000 --> 01:43:51.000]  Right, right.
[01:43:51.000 --> 01:43:52.000]  That's common.
[01:43:52.000 --> 01:43:53.000]  Hang on.
[01:43:53.000 --> 01:43:54.000]  Going to break.
[01:43:54.000 --> 01:43:55.000]  Randy Kelton, Google Radio.
[01:43:55.000 --> 01:43:58.000]  Dan, I see you there, and I'm sorry you had to host so long.
[01:43:58.000 --> 01:44:00.000]  We'll get you here.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Boring.
[01:44:05.000 --> 01:44:07.000]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.000 --> 01:44:08.000]  What?
[01:44:08.000 --> 01:44:13.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:46:23.000 --> 01:46:27.000]  Some things in this world I will never understand.
[01:46:27.000 --> 01:46:31.000]  Some things I realize fully.
[01:46:31.000 --> 01:46:36.000]  Somebody's gonna police that policeman.
[01:46:36.000 --> 01:46:40.000]  Somebody's gonna police the bully.
[01:46:40.000 --> 01:46:45.000]  There's always a room at the top of the hill.
[01:46:45.000 --> 01:46:49.000]  I hear through the grapevine and it's lonely there too.
[01:46:49.000 --> 01:46:53.000]  They're wishing it was more than our position to fill.
[01:46:53.000 --> 01:46:57.000]  They know that if they don't do it, somebody will.
[01:46:57.000 --> 01:47:01.000]  Some things in this world I will never understand.
[01:47:01.000 --> 01:47:26.000]  I hear through the grapevine and it's lonely there too.
[01:47:26.000 --> 01:47:33.000]  Why don't you stay there, Marshall? You may have some comments. Let's just bring Dan on and see what his question is.
[01:47:33.000 --> 01:47:36.000]  Okay, Dan, what is your question for us tonight?
[01:47:36.000 --> 01:47:39.000]  It's not related to this topic tonight.
[01:47:39.000 --> 01:47:41.000]  That's okay, go ahead.
[01:47:41.000 --> 01:47:47.000]  About being in Chapter 13, he recommended being in Chapter 7.
[01:47:47.000 --> 01:47:49.000]  It's a long story.
[01:47:49.000 --> 01:47:52.000]  We don't even have time to scratch the surface of it.
[01:47:52.000 --> 01:47:56.000]  It all started back with the Resolution Trust Company.
[01:47:56.000 --> 01:47:57.000]  Hold on, Dan.
[01:47:57.000 --> 01:48:04.000]  I do apologize for holding you so long, but this came up and it was such an interesting topic.
[01:48:04.000 --> 01:48:08.000]  Tomorrow night we do a four-hour show.
[01:48:08.000 --> 01:48:13.000]  If you'll call us in tomorrow night, I'll bring you up in front.
[01:48:13.000 --> 01:48:16.000]  We have plenty of time to go through this.
[01:48:16.000 --> 01:48:23.000]  I'm hoping that Ms. Leslie from Pennsylvania and Chris from Pennsylvania.
[01:48:23.000 --> 01:48:31.000]  Dan filed a Chapter 13 in a foreclosure issue.
[01:48:31.000 --> 01:48:38.000]  What I suggested is that we go to a 7 and claim the property is unsecured.
[01:48:38.000 --> 01:48:43.000]  I'll send an email to Leslie and Chris, see if I can get them on.
[01:48:43.000 --> 01:48:45.000]  They're both in Pennsylvania.
[01:48:45.000 --> 01:48:49.000]  Leslie has been kicking behind in Pennsylvania.
[01:48:49.000 --> 01:48:58.000]  Chris specifically filed a Chapter 7 bankruptcy, claimed the property is unsecured.
[01:48:58.000 --> 01:49:04.000]  There's nothing in law that gives you a duty to stipulate anything.
[01:49:04.000 --> 01:49:07.000]  You file it as unsecured, the banks are going to come in and say,
[01:49:07.000 --> 01:49:11.000]  oh no, we have a claim, we have a claim, and you're going to say,
[01:49:11.000 --> 01:49:16.000]  prove it, because you don't have to accept their claim.
[01:49:16.000 --> 01:49:21.000]  If you got a loan from Wells Fargo and Wells Fargo is doing the foreclosure,
[01:49:21.000 --> 01:49:22.000]  you can still sell them.
[01:49:22.000 --> 01:49:24.000]  I don't know who you are.
[01:49:24.000 --> 01:49:26.000]  I never had any business with you.
[01:49:26.000 --> 01:49:30.000]  You're making this claim, prove it.
[01:49:30.000 --> 01:49:33.000]  In Chris's case, they couldn't prove it.
[01:49:33.000 --> 01:49:38.000]  They didn't show up at the evidentiary hearing.
[01:49:38.000 --> 01:49:44.000]  The judge dismissed the claim.
[01:49:44.000 --> 01:49:48.000]  He discharged the debt at the debt.
[01:49:48.000 --> 01:49:51.000]  That's what happens when they can't prove it up, he discharged it.
[01:49:51.000 --> 01:49:57.000]  Then 11 U.S.C. 324, I think it is.
[01:49:57.000 --> 01:50:03.000]  If you do a search for discharge in bankruptcy, you get a hit on this one.
[01:50:03.000 --> 01:50:07.000]  It says after discharge, the effect of discharge in bankruptcy.
[01:50:07.000 --> 01:50:13.000]  After discharge, the alleged hold or claimant can do,
[01:50:13.000 --> 01:50:19.000]  make no effort to collect the debt of any kind.
[01:50:19.000 --> 01:50:22.000]  So tomorrow night we'll have a lot more time.
[01:50:22.000 --> 01:50:29.000]  Dan, I'm sorry to...
[01:50:29.000 --> 01:50:31.000]  Do we still have Marshall on?
[01:50:31.000 --> 01:50:32.000]  Tomorrow night.
[01:50:32.000 --> 01:50:33.000]  Good, good.
[01:50:33.000 --> 01:50:34.000]  Yeah, I'm still here.
[01:50:34.000 --> 01:50:37.000]  All right, let's kind of play this out with Marshall.
[01:50:37.000 --> 01:50:41.000]  If you'll call us back tomorrow night, we'll go into this in detail.
[01:50:41.000 --> 01:50:45.000]  And I'll see if I can get Chris and Leslie on.
[01:50:45.000 --> 01:50:48.000]  You like what you find.
[01:50:48.000 --> 01:50:49.000]  All right.
[01:50:49.000 --> 01:50:50.000]  Okay.
[01:50:50.000 --> 01:50:51.000]  Thank you very much, Dan.
[01:50:51.000 --> 01:50:53.000]  And I'm sorry to cut you short this way.
[01:50:53.000 --> 01:50:54.000]  Okay.
[01:50:54.000 --> 01:50:55.000]  Thank you very much.
[01:50:55.000 --> 01:50:56.000]  Thank you.
[01:50:56.000 --> 01:50:57.000]  Thank you.
[01:50:57.000 --> 01:50:59.000]  Okay.
[01:50:59.000 --> 01:51:03.000]  One thing that interests me is these are all shooters.
[01:51:03.000 --> 01:51:06.000]  These are ATAP personality.
[01:51:06.000 --> 01:51:08.000]  These are the guys.
[01:51:08.000 --> 01:51:14.000]  Your group may well be able to wind these folks' clocks.
[01:51:14.000 --> 01:51:17.000]  Well, we've been approaching this from several angles.
[01:51:17.000 --> 01:51:20.000]  The legal side is certainly one angle.
[01:51:20.000 --> 01:51:24.000]  We've been approaching this also from a political side.
[01:51:24.000 --> 01:51:28.000]  We've been filling all of the commissioners' meetings,
[01:51:28.000 --> 01:51:32.000]  the portions where they have open mic for public comment,
[01:51:32.000 --> 01:51:36.000]  from the time the club was closed until now, and this is back in April,
[01:51:36.000 --> 01:51:40.000]  filling not just with club members, but like I mentioned earlier,
[01:51:40.000 --> 01:51:42.000]  other people in the community,
[01:51:42.000 --> 01:51:48.000]  some of them non-shooters coming speaking in public in our defense
[01:51:48.000 --> 01:51:50.000]  in front of the commissioners.
[01:51:50.000 --> 01:51:54.000]  And this has continued for a number of months since then.
[01:51:54.000 --> 01:52:00.000]  So I think we're adding political pressure to things in addition to the legal pressure.
[01:52:00.000 --> 01:52:06.000]  And you did say that the county agreed to a meeting?
[01:52:06.000 --> 01:52:07.000]  Yes, I don't know.
[01:52:07.000 --> 01:52:14.000]  We don't know the details, but yes, there's been some negotiations recently.
[01:52:14.000 --> 01:52:15.000]  Well, be careful because...
[01:52:15.000 --> 01:52:16.000]  Sounds like they blinked.
[01:52:16.000 --> 01:52:22.000]  What I'm afraid is going to happen is they're going to offer to withdraw the prosecution
[01:52:22.000 --> 01:52:26.000]  and all of this stuff if you guys will just agree to apply for a permit
[01:52:26.000 --> 01:52:29.000]  and they'll promise to give it to you and then everything will be all good.
[01:52:29.000 --> 01:52:35.000]  And if it were me, I would not go for any offer like that because that's just a Trojan horse.
[01:52:35.000 --> 01:52:36.000]  You guys have a right to do this.
[01:52:36.000 --> 01:52:38.000]  You don't need their permits.
[01:52:38.000 --> 01:52:40.000]  Well, exactly.
[01:52:40.000 --> 01:52:42.000]  But they don't seem to understand that.
[01:52:42.000 --> 01:52:49.000]  How do you convince local public officials that do not appear to understand the entire concept
[01:52:49.000 --> 01:52:51.000]  that their powers are limited?
[01:52:51.000 --> 01:52:53.000]  Here's how you convince them.
[01:52:53.000 --> 01:52:57.000]  When you win the case again and you get an injunction against their ass,
[01:52:57.000 --> 01:53:01.000]  prohibiting them from ever passing another ordinance like that,
[01:53:01.000 --> 01:53:06.000]  sometimes the only thing that convinces them is basically a legal two-by-four up the head,
[01:53:06.000 --> 01:53:07.000]  okay, upside the head.
[01:53:07.000 --> 01:53:11.000]  All right, that's what convinces them is when they have a court order,
[01:53:11.000 --> 01:53:15.000]  an appellate court order saying you don't ever pass an ordinance like this again
[01:53:15.000 --> 01:53:17.000]  or you're in contempt of court and you go to jail.
[01:53:17.000 --> 01:53:19.000]  Okay, that's what convinces them.
[01:53:19.000 --> 01:53:21.000]  There's something else.
[01:53:21.000 --> 01:53:25.000]  Do you have grand juries in Washington state?
[01:53:25.000 --> 01:53:28.000]  Technically, yes, but practically, no.
[01:53:28.000 --> 01:53:30.000]  That's what I was afraid of.
[01:53:30.000 --> 01:53:32.000]  A few states are that way.
[01:53:32.000 --> 01:53:36.000]  Are you familiar with 18 U.S. Code 242?
[01:53:36.000 --> 01:53:38.000]  Yes, I am.
[01:53:38.000 --> 01:53:43.000]  Does Washington state have a similar statute?
[01:53:43.000 --> 01:53:46.000]  Not that I have found.
[01:53:46.000 --> 01:53:51.000]  And my biggest concern, at least the little bit that I do know about law,
[01:53:51.000 --> 01:53:57.000]  is that so many of, for example, the due process rights are not statutory.
[01:53:57.000 --> 01:53:59.000]  They're in rules of court.
[01:53:59.000 --> 01:54:02.000]  And some of them are not even in the rules of court.
[01:54:02.000 --> 01:54:06.000]  They're in a comment section under the rules of court.
[01:54:06.000 --> 01:54:10.000]  Okay, nice thing about due process is you got that in federal constitution.
[01:54:10.000 --> 01:54:13.000]  So you can always bring that in.
[01:54:13.000 --> 01:54:22.000]  18 U.S. Code 242 goes to crimes that only public officials can commit.
[01:54:22.000 --> 01:54:28.000]  And almost certainly, you will have a statute somewhere concerning official misconduct.
[01:54:28.000 --> 01:54:30.000]  In Texas, we have two of them.
[01:54:30.000 --> 01:54:34.000]  We have official misconduct and official oppression.
[01:54:34.000 --> 01:54:38.000]  But most states group it all under official misconduct.
[01:54:38.000 --> 01:54:42.000]  See if you can find an official misconduct statute.
[01:54:42.000 --> 01:54:47.000]  Look it up and see if you can find some court cases on official misconduct.
[01:54:47.000 --> 01:54:52.000]  Because as I look at this, what they're doing is official misconduct.
[01:54:52.000 --> 01:54:58.000]  Well, I mean, the hard part would be like when they're acting in a legislative mode,
[01:54:58.000 --> 01:55:00.000]  I think that's going to be hard to prove.
[01:55:00.000 --> 01:55:03.000]  It's going to have to be a due process issue.
[01:55:03.000 --> 01:55:08.000]  What we're doing here is changing the ground rules.
[01:55:08.000 --> 01:55:16.000]  When you start filing criminal charges against the actors, now it gets really personal.
[01:55:16.000 --> 01:55:23.000]  Up to this point, they've been using the county's funds to serve their personal agenda.
[01:55:23.000 --> 01:55:29.000]  If you can find a statute similar to 18 U.S. Code 242,
[01:55:29.000 --> 01:55:31.000]  and for those of you who are not familiar with it,
[01:55:31.000 --> 01:55:34.000]  it says if a public official acting under the color,
[01:55:34.000 --> 01:55:38.000]  meaning pretense of an official capacity, exerts or purports to exert an authority
[01:55:38.000 --> 01:55:42.000]  he does not expressly have, or fails to perform a duty he's required to perform,
[01:55:42.000 --> 01:55:47.000]  and in the process, neither citizen, full and free access to or enjoyment of a right,
[01:55:47.000 --> 01:55:49.000]  is class A misdemeanor in the Fed,
[01:55:49.000 --> 01:55:56.000]  and most every state has a statute reflecting 18 U.S. Code 242 in Texas.
[01:55:56.000 --> 01:55:59.000]  It's 39.03.
[01:55:59.000 --> 01:56:10.000]  California and Colorado have similar statutes that are exactly the wording of 18 U.S. Code 242.
[01:56:10.000 --> 01:56:12.000]  Almost every state has it.
[01:56:12.000 --> 01:56:18.000]  They almost have to have it in order to control public officials and politicians.
[01:56:18.000 --> 01:56:19.000]  You find that one.
[01:56:19.000 --> 01:56:22.000]  It doesn't matter if you get an indictment or not.
[01:56:22.000 --> 01:56:26.000]  You make a criminal accusation against them.
[01:56:26.000 --> 01:56:32.000]  That's a situation where you have the same protection as a judge does.
[01:56:32.000 --> 01:56:35.000]  Can't be sued for making a criminal accusation.
[01:56:35.000 --> 01:56:37.000]  Well, you raise an interesting topic.
[01:56:37.000 --> 01:56:43.000]  One thing I found doing this research is that criminal complaints of the generally of the type
[01:56:43.000 --> 01:56:47.000]  that I've seen in other states do not exist in Washington.
[01:56:47.000 --> 01:56:52.000]  What they call a criminal complaint can only be submitted by a prosecutor.
[01:56:52.000 --> 01:56:56.000]  They do have what they call a citizen criminal complaint,
[01:56:56.000 --> 01:57:00.000]  but that can only be done in open court before a judge.
[01:57:00.000 --> 01:57:05.000]  You can't just submit paperwork.
[01:57:05.000 --> 01:57:06.000]  That'll work.
[01:57:06.000 --> 01:57:09.000]  I'd like to do it in front of a judge.
[01:57:09.000 --> 01:57:12.000]  Now, I kind of saw it as a serious issue, though,
[01:57:12.000 --> 01:57:19.000]  that you can't just file an affidavit and a criminal complaint and verify it and submit that.
[01:57:19.000 --> 01:57:22.000]  You may only do it in person in open court.
[01:57:22.000 --> 01:57:25.000]  That seems like a limitation to me.
[01:57:25.000 --> 01:57:26.000]  Hold on.
[01:57:26.000 --> 01:57:29.000]  Is this something you've actually read in the code,
[01:57:29.000 --> 01:57:32.000]  or is this something a lawyer has told you?
[01:57:32.000 --> 01:57:35.000]  Again, they don't put this stuff in code.
[01:57:35.000 --> 01:57:37.000]  They don't put due process in code.
[01:57:37.000 --> 01:57:39.000]  It's in the rules of court.
[01:57:39.000 --> 01:57:42.000]  I'm going to bet this is in code somewhere.
[01:57:42.000 --> 01:57:49.000]  Because I know if you go to a prosecutor in Texas, they will tell you exactly the same thing,
[01:57:49.000 --> 01:57:53.000]  and that is absolutely not true.
[01:57:53.000 --> 01:57:58.000]  This method of filing criminal complaints goes all the way back to the back of the card
[01:57:58.000 --> 01:58:04.000]  in 12 of 16 AD, and it's been reproduced in law ever since.
[01:58:04.000 --> 01:58:09.000]  Well, Randy, was it in New Mexico that it was in the rules of court and not code?
[01:58:09.000 --> 01:58:13.000]  That was the only state I couldn't find it in New Mexico.
[01:58:13.000 --> 01:58:16.000]  We are out of time.
[01:58:16.000 --> 01:58:17.000]  Thank you, Marshall.
[01:58:17.000 --> 01:58:21.000]  You have given us a great show.
[01:58:21.000 --> 01:58:23.000]  Yeah, thank you, Marshall.
[01:58:23.000 --> 01:58:27.000]  I want you to keep us up to speed on what this is.
[01:58:27.000 --> 01:58:31.000]  If you have any questions about this, we'd be glad to address it and make a great show.
[01:58:31.000 --> 01:58:33.000]  Thank you all for listening.
[01:58:33.000 --> 01:58:37.000]  We'll be back tomorrow night with our four-hour info marathon.
[01:58:37.000 --> 01:58:43.000]  Thank you all for listening, and go check out all our sponsors and help keep us on the air.
[01:58:43.000 --> 01:58:46.000]  We'll be back tomorrow night for a good night.
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