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WBEN NewsRadio 930>Audio & Video on Demand>>12-31-13 Tom Bauerle Show Hour 1

12-31-13 Tom Bauerle Show Hour 1

Dec 31, 2013|

Hour 1

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Automatically Generated Transcript (may not be 100% accurate)

I'll just I thought I was gonna have the ballot in Asia and say hey. Hey I want to ask. -- the best thing happen -- and 23 today what to think that there had been but it 24 to you want to happen I I don't get to -- and because that we have a we -- decision. And frankly at the decision I expect that. Because I don't trust the legal system I think the time it's for revolution in New York State and in America the legal system including our Supreme Court is unconstitutional. In itself with our Supreme Court to a couple of years ago saying that Obama -- -- constitutional. And now. Judge screwed up us threatening saying that that the satellites may -- Is constitutional. Got to be kidding me. And folks I want to play is something you -- not under estimate. Do not under estimate the -- -- Andrew Cuomo and his minions do not under estimate their capacity to make your life miserable do not under estimate their willingness to do what ever. May have to do in order to win. This -- -- fight and Andrew -- eventual ascendancy to the presidency of the United States that's what he wants and he will destroy or attempt to destroy anybody. Who gets in his way. And joining us right now from the president law firm. We have -- tribesmen and Max is the time to just say screw -- New York -- is the law of New York State and in those of us who are constitutional. Gun owners and actual lovers of the constitution should just take a message from as it does get the hell out and take our money and take assets and take everything we -- Out of this state it's because it's just a constitutional. Freedom dating this buyer. Well now thanks -- I don't think it's. It's fair to go that. Quite yet flexible. I thought this -- was a great word to use actually it was a Shakespearean word from Elizabethan English those of you who don't know I asked MI RV better speller for people before they get me into trouble. Well thank you for you know beyond. Your. Which it to me my family sucks. Just just adding that. No one never knows. It's. Days. And all I love you give me I love my family I love my family in my real friends the ones are just there for the good times and it. All right so here with him -- screw it. He -- certain provisions of New York City is unconstitutionally. -- law unconstitutionally. When ordinary person. Must speculate it's what provisions. That law compels quote who didn't. Here the seventh round. And -- and to be so I can connect to any state interest. That it couldn't stand as legitimate exercise state police. So with respect to -- -- institution. We agree. Here's where. Where things are going to get sticky and confusing the National Rifle Association. Through their state agency next. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- This case's next verse or two different lawsuits and the federal lawsuit today National Rifle Association. Field and challenge who works its registration record we made no such legal blunder. The constitutionality. Of New York. City's requirement. Unregistered assault rifles by 815. And yet to be determined by Supreme Court the new York and actually going to be our January 16. We strongly believe that we -- Well by the way strictly judge -- it was a appointed by George Herbert Walker Bush so we can't blame Barack Obama we can't blame George W. Bush we can't blame Bill Clinton. We have to blame. Democrats -- this decision this this decision. Is a decision that was issued by a notoriously. Conservative. I just like John Roberts was a notoriously conservative Chief Justice of the Supreme Court -- obamacare was just fine with him. I get you know what one when people go after freedom I get very upset. And I don't care what it cost me I'm gonna continue to fight for freedom -- constitution and for the United States the best of my ability and I don't care what it cost me in terms of anything on this planet because the minute you give up on wanting freedom the minute you let government ball when you. That way you know you might as well this -- yourself because you've got no balls you've got no heart you've got a reason to go on. We're with -- we are right there which you and anybody who thinks that. Good to have. You know these attacks on our constitutional. Protections -- privacy rights are one party if she were sort -- against. Why should I trust it why should my listeners -- trust the New York courts. To rule in favor of freedom when New York is a notoriously blue state and law schools are notoriously. Liberal. Well first of all I would have to say that this is going to be an issue trucks this is an issue of necessity. We have to court and we have our case because if we don't do it. We've under the laws and standards it is mistake is not going to back down on course and if there is no injunction issued against the law I want in the -- with cancer because -- Well I liken it to herpes. Well. No. Violation. Of these. Ross is the reason I liken it to herpes is because when somebody has herpes those wounds opened the body up to other bacteria and viruses entering get more easily so it was not just about some gratuitous genital reference -- -- -- herpes but there are both cancer and -- were cool but. Right it was a gratuitous general reference American and but but anyway. But I likened to cancer and those. Cancers and starts one or two and one of begins. It's not power it's not always harmful boats can choose their court in the early stages are quite curable. You leave them they fast they grow and they expect. Just like violations may start the Second Amendment that is seen with state who moved to fort demand that the fourteenth amendment. Until at least some of our constitutional. Protections. Are stripped from us and we lose those like you voted doctor's office. -- doctors diagnosed with cancer your first question is how long live the second question is can be treated. And the doctor will be will prescribe treatment for you and frankly you don't have a choice. What to do with accepted in the medical community -- to these these were going to court -- argue this. We believe -- case laws under side against registration. We believe that the NRA field to racer arguments against the assault weapons ban against large capacity ammunition feeding device and and we will not -- make these arguments. Now stay with us because we're talking of joining us -- stretch -- from the -- law firm. The State's leading advocates for Second Amendment freedoms and again folks if you understand this. And let's go live show this -- be its New Year's -- 2013. Later on tonight it'll be 24 -- in the league ball drop on -- where my idea that was stolen by another radio station -- back when when we're in the same building it really wants -- in making that -- that was the -- -- a program director back in the mid 1980s -- then -- -- weapons station I -- -- not. But anyway that's like all the -- older now can prove that no but I know what I'm saying mr. when you can you can put that ice picks in my sensitive part of it is and thank. Anyway Max stress in this -- it's from mr. -- law firms so what exactly then for those were just joining us what exactly them. -- judged strictly say it was okay about the New York State law and what is not okay about it. I'm confused. Okay well. The giveaway to explain in layman's terms which is probably. The best way to do it because legally decisions. And somewhat convoluted. The the judge ruled that certain features. Of the assault weapons ban the ban on pistol grips. The band and bad that -- Etc. He held them to be constitutional. Because they. In its opinion. They do not affect the core of the Second Amendment right because some people can own guns or. People who may lawfully possess guns. They purchased some other type to go on other than -- work. We respectfully. Max I got to interrupt you there are guys have to interrupt you here because the fathers and of the drafters of the bill of rights did not say. The right to keep and bear arms shall be limited to seven shots and under she'll be limited to weapons without me and antlers that didn't say that they said. Right yeah so we're not limited so like I can load my thirteen shot nine millimeter. -- -- With all the shots -- more time to read the decision and make sure that that a stay was not granted. Or the state wasn't speaking stayed pending appeal then have you get in trouble but from there. From looking at the preliminary decision seventh round and it has been strictly as of right now. I agree with you. That the. Give my interruption you're on -- roll you're on a roll in my blood just started going crazy here for a second I'm sorry. Well no understood. We respectfully disagree with -- honor troops scripting. In determining. That AR fifteen rifles. Are not protected. By the Second Amendment. Because. Other guns can be purchased in Heller. The District of Columbia argued. That eight. Total ban on handguns did not. Affect the core of the Second Amendment right because people could purchase shotguns or life. Justice Scalia and determined. In its majority can. Which is the law. Has been applied across the country. In McDonald. Political weapon in common use. You could -- type of firearms commonly used to walk with purpose. That weapon that firearm. Is protected. And despite the fact that other. Guns can be purchased. Has no bearing on the fact that categorical ban on commonly owned firearms. Are unconstitutional. So we believe the court made an error. In dismissing the national rifle association's. Petition but where we go. Well. Where we go from here is where we were going from the beginning DRE -- was more of a -- -- than anything. Because our case was filed in new York State Supreme Court. And this case. Federal court. Most people don't know that the federal court. There's no binding authority under state court state have to decide Keaton in accordance with the constitution. But it -- the federal court in the city optimal and Supreme Court in the city of buffalo. This article quote will not be binding on the Supreme Court in -- of persuasive authority to come just some charges that it has not presidential what. None whatsoever. So we're going to -- this case the court is we always. And your listeners can be reassured. That this case or had no effect whatsoever. On vacations. That are in the court right now. So is the headline that because I'm looking at our website I wanna make sure that we're 100% accurate all the time or at least 99.9 percent. Our headline federal judge upholds safe act is that correct or incorrect. And I want it to be honest. That is correct oh. Well at nine -- 99% correct because some. Provisions would stricken in the seventh round when -- stricken. And that -- break Dan was stricken because they misspelled -- break. You know. In the law -- to muzzle -- currently use -- because there and -- -- sort of loses they didn't read rights Somalia. Honestly that they're -- correct. But they're not going to preclude our challenge he. Deliberately avoided federal court because he predicted it could squeeze -- you're going to get. All right so we're we're not giving up the ship I mean I mean. I was hoping I can come earlier today and say. But this isn't really the case as much of a battleground case as it was supposed to be in the it tree it really isn't the -- yours is the bigger one. -- are bigger -- exactly. That case was filed bought flowing gun owners need to know. -- case and filed in buffalo after it guy when he. I would filed in buffalo all loose filed in should talk with county they wanted to -- to -- -- And arguing that the federal court and you know there was sort of showmanship going on that is. It it didn't pan out. OK -- are you gonna look you know how much I love you so much and they were were like. It it's like well friends acquaintances you've been on my show a lot Q can you hang with -- -- -- -- do you have like big up plans for tonight. -- I can I can say about. If you want me on for the next hour can be here. You know what I think that's a good idea exert a lot of people calling in and I think we have some things we need to update and one of the things I actually -- That I -- stress is it's not enough folks please take it for me. It take it for me anybody who was against analyze say it was in public life right now is under a microscope OK you have a target on your back you may not even know right now but you have a target on your back the goal of this state government and the goal of the people who hate freedom. Is to silence people like me and people like you who. Espouse freedom and to understand the bill of rights was not so arbitrary document that was put together by a bunch of old dead white men to enslave everybody that the bill of rights were quite the opposite in the context of the 70s80s. When the constitution was ratified they believed that government existed to be stopped if -- got too -- they believe the government existed to serve the people. The people do not exist to serve the government. These politicians today do not understand and especially Barack Obama and Andrew Cuomo they don't understand that they are not kings they're not dictators they're not -- Cause they are men who are serving. A public position. They are men who hold an office that is the -- that derives powers from that office from the people we don't get our freedom from the governor they get their job and and any power they have from the people. And you've got to understand that and people who love this law and who don't want this wanna go away and people who wanna screw -- -- -- nothing when he -- get an a ward of the state. Believe me they are willing to do everything they possibly can't decide -- those of us who still understand. What freedom is about and what the constitution is all about and people like extra asthma. And people liked well I can go on and on but I won't there's a radio talk show host in Albany Melanie burns who lost her job. Because of her position and her shows on and why say it. Make no mistake folks. Make no mistake freedom is not something that just comes naturally freedom is something that you have to fight for each and every day. And you might be all tied up with all your possessions -- all good things of life of soccer camp and hockey travel and everything else. But at the same time as you're doing that there are people who were trying to enslave you. To make you nothing but a cog in the wheel of state. And if you can't comprehend that oh boy oh boy oh boy I you've got to start opening up your mind a little bit. 326. At WB and we're going to be that would match stress but we're gonna talk analyze safe because a judge -- has made one decision but -- the law firm is continuing with its case and another. A forum for law and and stuff like 8030930. Is the phone number at WB ENN. I'm back I guess we -- Jackson from the all new Keller Chevrolet if they killed a quarter in Cheektowaga Christmas is over job but the deals are just beginning do you look at it -- you have on cars to clean those blocked out. God there's a great field on both new and pre owned vehicles to close out a tremendous year Keller what you do it to sell the new cars. Got rebates low financing -- field. And will earn your business with no fairy -- when he got going on the. Okay. -- -- Here I'm sorry man forty years all of us -- still -- some serious -- It is at 334 news radio 930 WBD. And now I can't even hear that song without thinking about Randy Meisner plane in the base and to in the lead vocal and was at a baseball Jersey hockey Jersey some kind of athletic shirt of some variety. Anyway -- with an -- right now so. Get this straight men -- federal judge has upheld. The New York safe act but it really doesn't matter because this is a state issue and his. Decision really lacks any legal authority to back it up -- my grasping this properly. Acts that a good way can you hear me yes. Yes -- sorry in -- something in the blue here that knows me I decided okay. That's -- -- fairway putting the judge and he ability. To controlling. The state from enforcing -- city sent. On federal constitutional grounds there was -- simple question here. -- not in dispute. However. Eddie Murray never filed the case. Who would still be where we're at today. With our case we were not associated with it keeps whatsoever are petitioners. This too -- to do when you. Mr. -- had nothing to do with the marriage. The case has not been litigated and today it's as if. Is -- the NRA never filed -- case. Let's look and action that that they had the seventh round and that is the -- so. That's progress I would say that. So -- or is it that that makes me feel a lot better and I did originally when I when idea read it and that's why you work retrenchment law and I work here. Next president is whether -- with the present law firm and that his that dad of courses are probably relaxing somewhere and I know that Europe Max would probably grab. Here is here. -- In your view right believed you like your future. He had a -- people including the morning. And now -- moving these good -- anybody has questions wanna come down on the we -- to work -- -- -- building. On the floor we'd be kept. Plus you've got a nice view a downtown buffalo my mom took me -- the liberty building at banquet at the very young boy who went to some lawyer's office and I didn't realize those -- years older buildings could be so big. I've -- in the big city Maxtor has been -- ball. Really got my grandfather used to claim that his first job was climbing to the top of the I told this before the liberty statues on the top -- the liberty -- and changing the light bulbs and she was holding and a I believe that is dumb little kid. Or someone argued that not much has changed in the past that 46 years. The the case that you are are waging. You know I think -- -- take some phone -- because a lot of people -- -- specific questions for -- about where we stand with -- say where we're gonna get a definitive ruling and I went -- and hopefully -- a -- Andrew -- on his way -- out of Albany and you know at least for the foreseeable future you know put him -- as a private sector job for which -- qualified like -- serving as Syria out of serving as -- -- -- that a mental -- percent. I'm sorry I I just I cannot sugarcoat things let's go to Dan on the west side of buffalo Dan you are. Next president and allowed them. -- -- You'd think it'll. I got. I got a problem. And -- put -- in terms of a tunnel or rhetorical question. Affirmed judge Greg is impossible that he doesn't call. There you know important governmental interest those you know promoting say. And apply because. The crime stats. If not simplest types of firearms. Or anything or anything. Other then legal person illegal weapons. Great point. At what and what it by the way I I have to interrupt here as the host of the show to add clarity to the people who who just might be getting into this issue. What what he's saying here is. The latest crime statistics put together by the FB IA division of V. Department of Justice shows that in 2011 the last year for which we have statistics. Rifles were used in a ridiculously small number of homicides as a matter of fact more people were beaten to death. There were shot with rifles shotguns. And just so there you go ahead and allow extra time. I kinda are. -- there are issues and you eat in the net way out here where you -- it -- Raw data of rock hard enough studies. -- -- -- It has had we don't firearms. Involved. -- well only only a small fraction of 1% legally don't Wear well cry. Inept and every year on the -- all right. And far fewer when it comes to rifles or shotguns. Max though let's get your thoughts on this -- and as to what's. That the it's important. -- I'm gonna have to let it didn't go looking for some reason the connection is just -- -- it's just you know we I immigrant activists and what -- ago. And interest at bats and -- this Tuesday's 11 we used to -- one minute kill literally but figuratively thank you go ahead next. Well -- too very very good point personally. I don't trust myself and since. -- and her fifteen because that gun is it's an effective -- people like it. The personally. I cute little twelve wore white it's was formerly used for elephant and tiger -- I -- yeah -- -- and the traveler travel the world and see. Hunting in Africa. And I am convince that. Such reluctance to hunting weapon is saved more reliable stoppers. 122 caliber rifle in the black color if you want to speak in terms of energy. They did and they are 151. Bullet from an -- if he has just slightly over a thousand foot -- -- it's a measure. And they twelve war like cool and so are almost -- the boat 4500. Put on energy loaded in the original black art book. And could double life. It's far more powerful and far more devastating. And an -- hour fifteen an -- could be yet the people who wrote this law. If no such understanding that they don't realize. That those high capacity magazine to put likes. Because some reliably. Defend oneself with a gun with a 22 caliber weapon. You'll likely need more than one shot and next medically got -- Well double -- to suggest is always nice -- sucking chest wound will definitely write some Tuesday. -- -- yes. And not that anybody -- hopes to -- got to do what you gotta know how to do it right and then have a friend help you'd move the body but. I'm now -- -- people realize this but John Wilkes Booth when he killed Abraham Lincoln. He did not. You know -- -- -- -- fifteen hit musical actually -- nor mr. retrenchment it did he -- -- uber powerful rifle he used a single shot dead or injured within 44 caliber ball weighing approximately one -- that added the president said behind the left -- and -- to transverse -- ending up behind his right -- year one shot one big bullet. In the head no more Abraham Lincoln with a with a one shot -- I was in an 1865. I mean I -- a lot about that -- I don't call anybody calling for a ban on guns everybody was calling for the head of John Wilkes both. Absolutely because back then people to wanted to hold the person accountable. For their actions and not cool because -- don't just walk by themselves. Somebody had to pull the trigger they are not magical devices. Well you know it I got Davis is so refreshing and and I hope that my audience appreciates that affect I will never caved on this issue ever in a million years never will and normal -- resident. Nor will any of the people that I mentioned previously I wouldn't advocates for your freedoms -- beach they develop your Rus Thompson Carl Paladino match treatment Jim president. Your yours truly. And many many many many members of this audience that they can try to intimidate they can try to cajole they can try anything they want but we will not be silenced and weakened you know. We we we can sit here and acquiesce or we can fight and I choose to let the fight and up next the the issue of capacity -- in your lawsuit or Robert talking about the is legal concept with few. I am getting my Brothers called by the way thanks a lot there. I mean we -- even talk is that long and Christmas and and here and he is cold and it's a weird that we believe me but but anyway what I was gonna say is that. It was a little too strong for -- are maxed out our crowd is there. Well I'd I'd I'd do maybe maybe too much but we talked about the legal concept of severed ability during the last shell and why we have to have so many lawsuits because of several ability and for those who didn't accurate can you explain why we're gonna continue and 2014 to hear about so many NYC lawsuits. Well there will be a number of many New York sic lawsuits because of what you just discuss the issue -- ability. So ever when the -- ability chords and added to bill it essentially says that this law shall not be construed. Could be a totality. This launch each individual provisions into -- you know so without several ability. Is there any provision of the law restrictions unconstitutional. The entire -- -- even parts that may be constitutional. When the legislature could screws award inseparable. They construe the law to react to -- to remove itself. And compete -- in dependent parts that can only be stricken individually it's a compendium of laws instead of one. The idea being when you do that -- when you -- that concept that of of summer ability or not several ability. What you he basically saying that is we're gonna make it as tough as we possibly can to challenge the totality. Of this law. -- -- -- -- -- I have to break in my guest for the next segment that we've got to let him go because he's got to get ready for the ride bald. Shenanigans he engages in every New Year's -- I'm quite sure. Next president and your questions or comments from extras and understand -- -- decision by judge threatening which does not materially affect the present case the -- lawsuit. -- in any way shape or form. So it's not the end of the world just say you know it's not. -- -- -- our law that was the first. And in my opinion the only legitimate legal challenge that was ever raised to you. -- this case go to bed -- And we've we've may have to take the first break your story a couple of time out of my nether regions however appealing or appealing that may be under -- and thirty WB on the phone number 803. All -- thirty start thirty 180616. WB EN. I think the New York safe -- has to go I was hoping for a just a lot more from judge scrutiny we didn't get it today but it's not the end of the world. And are you gonna keep fighting and what questions you have for Macs will look take your calls coming up next on WB -- New year beat John be happy and the long peer local YMCA. You in your entire family will -- throughout. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Big time you like how often. Or the right to own weapons I have no problem if you own 2030 don't vote today. But that I have to ask you. You have to get a permit a permit to get -- to write a hit well don't you. I'm in New York State. Well that's part of that you have to question I'd like to answer yes in New York State you do. Machine gun. And operate. And mania. In this one. Up please. Happy new year you were there and thank you for bringing it -- important they have different viewpoint. Just enter your first question. In a great majority of states you may own -- machine gun and you do not have to purchase it fiscal without probe or with the probe. New York expect -- cases in the coach. Because we've been run by a bunch of fruitcake liberals for way too long friend anyway. Which like. We are charging particularly -- are currently regulations. Regarding. Weapons. Where it looked good -- And it just seemed that and I understand. A lot overall but it seems that the -- -- now -- one inch of ground. Aren't sure why should it. That's like saying -- -- say why should the union give up one inch of ground -- let's just have some people and slavery is that a. They -- what they questioned -- and what do you consider could be a reasonable regulation. A fundamental right because this issue is -- the Second Amendment issue. It's the Fourth Amendment privacy issues and term and the question turns on what are of limited government. He wants private life to make decisions. About life and -- own house. Hit it to continue this after the news break guys -- Mexican -- -- -- -- and frank you do about I'd like to continue this because -- I think -- until about 450 meters or at Max. Yes it is and that's why I don't wanna hang up on Franken I don't want him to hang up and also wanna I wanna I have -- -- both the following the up following the news is I I think frank is asking legitimate questions but we're going to be Lauren hunter. I respect I respect fine. And he's he's going to people they think it should be to. All I'm you know what I am -- a conservative Terry and -- that's what I am a conservative area and -- and quite frankly God's gift to women.

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