The David Knight Show - INTERVIEW Massachusetts After Bruen Gun Case, and a Flood of Child Trafficking

Episode Date: October 9, 2023

Today's Guest Host Gard Goldsmith (Liberty Conspiracy) interviews Toby Leary, Cape Gun Works of Hyannis, Massachusetts. Toby has his own program, Rapid FireLike other Democrat northeastern states, Massachusetts doesn't like the reality of a flood of illegal aliens. One wealthy Massachusetts island doesn't have room for even 24 migrants. Toby Leary joins Gard Goldsmith to also look at child trafficking and gun control in Massachusetts after the Supreme Court's Bruen caseFind out more about the show and where you can watch it at TheDavidKnightShow.comIf you would like to support the show and our family please consider subscribing monthly here: SubscribeStar https://www.subscribestar.com/the-david-knight-showOr you can send a donation throughMail: David Knight POB 994 Kodak, TN 37764Zelle: @[e-mail] App at: $davidknightshowBTC to: bc1qkuec29hkuye4xse9unh7nptvu3y9qmv24vanh7Money is only what YOU hold: Go to DavidKnight.gold for great deals on physical gold/silverFor 10% off Gerald Celente's prescient Trends Journal, go to TrendsJournal.com and enter the code KNIGHTBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-david-knight-show--2653468/support.

Happiness. We all know what it feels like, but sometimes it doesn't come easy. I'm Garvey Bailey, the host of Happy Enough, a new podcast from The Globe and Mail about our pursuit of happiness. We know people want to live more fulfilling and positive lives, but how do we actually do that? Is there a happiness code to crack? From our relationship with technology to whether money can really buy you happiness, we'll hear from both real people and experts to demystify this thing we're all searching for and hopefully find ways to be happy enough. You can find Happy Enough wherever you listen to podcasts. Now, I want to draw your attention to a very, very cool website.

It's Cape Gunworks. And I've got to make sure that I call it up properly here. And the amazing things that they do at Cape Gunworks. Our guest is Toby Leary. Toby comes to us via Hyannis, Massachusetts. And he has been on my program. He has been a fill-in host for Grace Curley. He has his own program called Rapid Fire, and you can reach them if you call 508-771-3600. Do I have that right? 771-3600. Toby, is that correct, my friend? Yes, sir. Thank you,

Garth. It's great to see you again, and I appreciate you shouting us out. So we'll take care of anyone who calls as a result of you. How about that? Yeah, that sounds great. If they mentioned me, that sounds great. Toby, you're a kindred spirit. And like I said, I can't wait to get down and visit you. If people go to the website, this is what they'll see right on the front page. They can find out about the classes, the deals, the range where people can go and tell them about what you do on Tuesdays at the range, Toby. Tuesday is free rental day. You can come down and use whatever firearm that we have for rent when you rent the lane and, you know, try them out, try before you buy type of thing. And you can switch them, switch out guns as many times as you want on 2A Tuesday, which is free rental day at Cape gunworks. So, um, yeah,

come on down and see us. We'll be happy to help you out and get you shooting and get the right gun in your hand and, uh, you know, get one fit to you. So that's, that's part of what we do. Just amazing, amazing stuff. And you're there so much Toby. And, uh, I remember, you know, when you came on my program on Liberty Conspiracy one night, you were heading out for a vacation up in Maine and, you know, you're in a cabin and you're so dedicated. And I really, really appreciate it. Also, will you tell people, Toby, while we have the chance on the David Knight show, if part of his audience wants to find your rapid fire show, what day and where can they find it? Yeah. So we do a live, uh, two hour show every Wednesday

from four to 6 PM, uh, Eastern, and you can go to rapidfire radio.us and you can sign up to be alerted whenever we go live. Sometimes I adjust the time, but depending on life, uh, but, uh, for the most part, that's the, that we go live. And you can always catch it on a replay too, on wherever you find your podcasts or on our social media sites, you know, wherever you get your social media, it's at Cape Gunworks and at Rapid Fire Radio. We post to about eight different social media sites. So yeah, you can definitely get involved there. We put some specials of the week on the Rapid Fire site, GOW at checkout for Gun of the Week.

We do a special review of a certain gun every week, and you can get a special deal on that if you're a radio listener or a podcast listener. And if you do it live with me from four to six, you can actually interact in the chat and I'll get to your questions and whatnot. So that's one of the advantages of listening live. It is remarkable. I was mentioning beforehand, trying to sort of coalesce all the different things that your knowledge base handles and your drive and so on. And, you know, not to sort of blow smoke or whatever, but you are you have a lot of energy, Toby. And I really love the fact that you are always on top of the latest court cases, plus the technology, plus the history.

And you respect the history of the founders. You respect the principle of individual liberty. And coming from Massachusetts, it's sad to say that there are so few people in Massachusetts who do that. It's crazy. My family came over on the Mayflower. Gardner Mass is sort of connected with our family. And I just say to myself, what happened? So Toby, while we have that opportunity, I'll ask you, I know on Tuesdays with Grace Curley, you do two-way Tuesdays, so people can call into her program at two o'clock, two-way Tuesdays at two o'clock with you, joining Grace, answering questions. The phone lines are always on fire when you're there, no pun intended. But it's been very interesting to see your work in defending the right to keep and bear arms in Massachusetts, and also your excellent commentary

about the migration problem, which is really coming to a head in some areas around your area, and also around Foxborough, where the Patriots Gillette Stadium is located, and all over the place with hotels being booked for extra money because the governor of the state, Maura Healey, has declared an emergency. And based on a 1986 Michael Dukakis-era statute that was passed, anybody who asks for asylum in Massachusetts, I could pretend to be a foreigner. I could live in a hotel there for as long as I want and get free legal and food. Tell us which one you might want to hit, the right to keep and bear arms in Massachusetts or the migration problem and what you're seeing with

Maura Healey and your take on some of the national problems and connections with it. Either one is great, Toby. Sure. Well, let's start off with the migration issue. I'll speak to the extent of my knowledge on this, which I don't like to do usually. New York, places like New Jersey, places that have constantly virtue signaled that, you know, where sanctuary states come, you know, or there's no judgment here and we're not even going to cooperate with immigration and naturalization services. Like our state stopped working with ice to deport people. If they were going to be deported, we would house them or sanctuary, you know, they give them sanctuary so that they couldn't be deported. Well, now the roosters have come home to roost. You point out that we're a right to shelter state like New York

is, which is this 1980s era law that basically says, hey, if you come here, you're under duress, you'll get put up. And that is the roosters coming home to roost. So my governor, Maura Healey, declared a state of emergency when 60,000 migrants came to Massachusetts. That is a drop in the bucket of what has come across our border on our southern border. Think about Texas and Arizona and California, which has been dealing with this for decades. And I mean, 60,000 is a couple of days worth of border crossing, you know, in some places. And for us to sit in our ivory tower and say that Texas, Arizona and California and our southern states should have to deal with this is ridiculous. I think the governors down there are doing what should have been done a long time ago, which is ship them up to the people

who say, you need to deal with it, or you should have to deal with this. And of the ones that virtue signal through saying there, there's no place for hate, there were, were a sanctuary state, and there's this right to housing law. I think it was really put on the map when Ron DeSantis shipped 24 migrants or illegal aliens up to Martha's Vineyard, which is local island right off the coast of Cape Cod here that I've done a lot of work in in my prior adult life as in my construction company. But the funniest part of that was the people came out with their signs. We love you. We love you now leave. And there's no room for you. So thanks for coming, but get the heck off my island. And within 24 hours, they were off the island. They, they were put on a boat headed right back to the mainland. And I couldn't understand, you know, there's always this federal encroachment into the airports. And the governor of New Jersey now all of a sudden doing the same sort of thing. Wow, you know, we're all in favor of migrants and

so on and so forth. And a lot of it, yeah, I think a lot of these people claiming there is an emergency is because they want to get federal money. They want money. That's what it is. and so on and so forth. And a lot of it, yeah, I think a lot of these people claiming there is an emergency is because they want to get federal money. They want money. That's what it is. But in addition to that, they said, oh, we can't control this. What was it at LaGuardia or something?

I can't remember which airport it was. And they said, we can't control them bringing in the migrants. And I found out that part of it is it's part of the airport is a military airport. And so they're housing them on hotels on the U.S. government controlled section of this. And it's interesting,

Toby, because, you know, I went into the constitutional side of this and I've often mentioned this to listeners on The David Knight Show, viewers of The David Knight Show and on my little show, Liberty Conspiracy, that if you actually look in the Constitution, the word immigration isn't even in it. Immigration was supposed to be a state issue. And it was 1875 with this ruling in a case called the Chai Lung v. Freeman ruling that the Supreme Court basically created it out of whole cloth. And it's been this massive central government football ever since then. It's a hot potato. And I find it quite interesting because there is a clause in the constitution that allows for if a state legislature or the governor say that their Republican form of government is under duress,

is in danger, they can call on the federal government to come in with the militia to assist. It's really the only area where the United States government is allowed to go into the states, but they have to be called in by the legislature or by the governor if the legislature is out of session. And this is exactly what Abbott has done. He has tried to do this, and not only has he not gotten a response he's seen those agents opening up the uh connor connor tina wire they're they're they're they're they're having and they're having encounters with these people and claiming and they're passing that off my orcas is is passing that off as if they're handling those people they're moving them further into the country, the Center for Immigration Studies. And I have a lot of differences of opinion with them. They discovered that 200,000 migrants were moved into the United States using an airplane app that the Biden administration used these apps to give them free travel to any airport within the United States. And then they just disappeared. And then there's that other story about 85,000 children,

parentless children coming across from Guatemala, Chile, you know, through Panama, Mexico, all over the place, coming into the United States without parents. They're housed in these places. They call them homed. And then they've lost track of the kids. They don't even know where they are. And then you just say to yourself, my God, this is an absolute mess. And you still have these

people like Maura Healy who moralize, as I mentioned, sermonize in a way and talk about how great it is to have this migration. What do you think about the term, you know, we often hear this replacement migration thing. I've been looking at what's been going on with Israel and Palestine and the way that a lot of that area was already populated before the creation of Israel. There were a lot of people who really wanted that state formed and they already had moved a lot of people over there. Now, whether that's nefarious or a template that people are using nowadays, I think there is something to be said to groups of people who want to try to change demographics in certain areas, using their levers of power over government policy to get new types of people into those areas who normally wouldn't be able to

afford to go there. I don't get my moves subsidized, but for some reason, these people get free housing and the government supports them all the way from the Central America, all the way to Hyannis. It's nuts. So what do you think about that terminology? Do you think it's intentional or do you think it's just them with their hearts in their sleeves throwing out money to people that is attracting people or maybe a combination of both? Well, I don't know that the Israel-Palestine example is a good example of what's going on here in this country. And the reason for that is there was a historical birthplace of Israel, you know, 2000 years ago. And it was the first time in our world history where there was a diaspora of people from a certain region that came back and reinstituted government and spoke their common tongue and and had, you know, formed a nation again. That's never happened where a nation has ceased to exist and then come back to their homeland, spoke their native tongue and re-established

a country. So I would argue that there was actually a birthright to that place, whereas the people coming to America right now don't necessarily have that same birthright now that place, whereas the people coming to America right now don't necessarily have that same birthright now. Yes, we're a nation of immigrants. You mentioned you came over on the Mayflower. So did my family. Yeah, my middle name is Winslow. And they came over for, you know, a couple of different reasons, but largely was freedom, right, To establish a country without the king being lording over them and to raise their children in a way that wasn't going to be influenced by government and state-sponsored religion. So all that being said, here we are, you know, 400 and something years later, we're the greatest country in the history of mankind.

I think what the nefarious action of what's going on right now is that they are flooding our country with people from all over the world with no intent of assimilation or becoming a productive member of society here to for the greater good of our country. I think there's people here for all different reasons, for, you know, personal reasons, for maybe even some state sponsored reasons. We have no idea who has come in this country that is a sleeper terrorist or or a government actor spy type of situation that has come in because the door is wide open. And so, you know, there's everyone's going to take advantage of that. Good people, bad people and indifferent people. And so that's that's where we're at. And if you were trying to destroy a country from within. You know, that's the road map right there. How else could you do it? You know, you'd weld those doors open literally and figuratively

and you would make it so that people could just come in and infiltrate. is a very qualified professional who speaks multiple languages, is licensed in six different countries for the profession that I'm trying to bring them in for. And we've spent over $15,000 over the past two years to try to get visas and immigration papers for them to come work for my company. And it's still being held up. And I'm like, man, if I had told them to just swim the Rio Grande, they'd be here by now. And they follow the rules. They're, they're professional people. They come over every once in a while, cause they have a lot of family here. And, uh, they, they leave after two or three weeks cause their visa expires, their immigration visa expires. And, you know, here we are trying to do the right thing.

Make this there's someone who won't be a liability to the system. They'll be able to work and produce income. They'll pay their taxes. They they won't be a burden. They have family support here and I can't get them into the country. So it's it's unbelievable. It's mind boggling. It's amazing the way the barriers work. You know, Toby, I worked up at up at the Outer Limits TV show back in 1996. And I took a trip as an American. I took a trip down to Seattle just outside of Seattle to go to an X-Files convention on a particular Saturday. So I drove back over the U.S. border, went back into the United States from Vancouver and where I was staying.

And in fact, I lived just down the street from where Cam Neely's family lived, which was kind of fun. Cam Neely and Michael Fox, Michael J. Fox, you know, a lot of hockey up there, big time hockey fans. And so on the way back up, I almost couldn't get back into Canada. And I was warned by somebody, some guy who was just there. He said, oh, you heading back? I was like, yeah, you know, I'm doing a, I work for the Outer Limits. It's a fellowship. And he said, he said, you be careful how you phrase that. And I was like, what do you mean? He said, because they have quotas. And if they find out that you're working, if your salary is being paid by the Canadian company, you might get blocked from going back in.

I was like, this is crazy. And luckily, my salary was actually being paid by an institute, an institute, a think tank in the United States. But, you know, I'm like my toothbrush is back there. You know, you think about all these things. And here you got a guy who wants to do good work for you. He's got skills and he's being blocked by this Byzantine ridiculous set of rules at the same time that other people are getting your tax money to support them to live in hotels. It's insane. It's absolutely nuts. And I don't see any end of it at all. It seems very clear that what Joe Biden is doing with this border wall thing, that's not really going to

do anything. What do you think could be an answer about this, Toby? Well, I think the only answer that I like to believe is going to happen, that I think will happen, is if there's some irregularities going on in our country right now, and that is our National Guard is operating in every state, from state to state, and as if they've been federalized. And, you know, Trump, one of his executive orders that he signed before he left office was to make him a wartime president, basically. And that, you know, that that would nationalize the National Guard, if you will. So if you look at it, they're all over the country and you'll see planes from Maine down in Florida or vice versa. So if you if you are paying attention and keep track of this, it looks to me like the military has pretty good tabs on what's going on.

And I believe that the military is the only solution to the problem. Like if, uh, if you look at, um, all the, all the issues going around in our cities, we have rampant drug use and homelessness and, uh, it's growing. It's really bad. You look at all the places like LA and, and, um, uh, San Francisco, not to mention, it's even hitting us up here in Massachusetts on Mass and Cass Avenue. We have tent cities cropping up and it's literally like a zombie, a zombie ville. Yeah, I know the area you're talking about on Mass Ave. It's terrible. Right. And so how do we get these people help?

How do we get our country back under control? I believe the military is the only way. And so, you know, if you get a president in power again that is willing to do what needs to and actually get them some help. And I think that's really what's going to have to happen because otherwise, you know, our country is going to continue to grade into third world status. And that's really what we're up against right now. You know, we're going to have human sewage flowing in the streets in a matter of time because of the amount of people living on those streets and not having facilities to use and whatnot. And so the human result is going to be catastrophic. You know, the humanitarian result will be catastrophic unless someone steps in and does something. And the only one who can do it on that largest scale is the federal government. And I hate to say it as a small government guy,

but at this point they've created the problem that will now need to be fixed. And, uh, so that's the only way I see it. The military is going to have, well, unfortunately, you know, uh, this is, this is where unfortunately the, the focus on the central government doing this this whole time now puts the guy who's causing all the problems in charge of fixing the problems. You know, and I just don't, I don't see how it's resolved. The current guy doesn't have any desire to fix the problem. They actually are creating it. There's no other way to put it than it's being done on purpose. Yeah. And this is one of the things that sort of closed that this bit off with this question and feel free to add anything after this. But Toby, do you have any idea?

You know, we often hear about, oh, it's the drug cartels. They're funding these guys. Like, not necessarily. I don't know. I don't know enough about this, but I don't know where these people are getting this money. And there's been coverage. The folks at Redacted, they've gone to live coverage down in Panama, watching the buses coming up from South America, going through Central America, dropping people off. And where

are they getting the money to be able to go on these giant caravans, whether it's on the trains or there. I don't understand how these people who are fleeing dire circumstances in places like Venezuela and so on, how can they have the resources to travel all that way? I don't know where this money's coming from. Do you have any knowledge on that or speculation? Well, my hunch would tell me that we are now the largest consumer of child sex trafficking in the world. America is. And so I just have to assume that this is the conduit for child and human sex trafficking operations throughout the country, because there's really no other explanation for it. Why you would take unaccompanied minors that come into our country with a slip of paper that has a name and a phone number on it. And then they call that person and they say, oh, I'm up in Chicago or whatever. They put the kid on a plane and ship them right to the guy and

he picks them up at the airport. That's what's happening. And so, you know, if that's the case, that's the funding mechanism because there's huge money in it. And it's it's horrible to think, well, think about. But yeah, I should mention while while we were chatting, Toby, I should mention not to just jump in real quick, but I do want to mention again, kudos to the folks at Muckraker. And I saw an interview at Muckraker. And I saw an interview on Muckraker. I think it was the redacted team spoke with someone from Muckraker and he was down there. He had footage, he had drone footage. They've been going to the airports. They've been

going to these places where these kids are getting dropped off and they're asking questions to some of these people. Some of them, they've been able to get shots of their name tags. They seem to be CIA affiliated in some cases, smuggling kids. And you can see it up on the screen here. They've got a ton of footage that they've now, some of it is speculation, but you know, for example, they, they talk about how so many men are coming in. Here you see a man with a woman, but they're saying men are crossing the border with kids who just look like they're drugged. Now, anybody who's been with a little kid on a long journey knows that the kids are going to look like they're knocked out after a while anyway. But they're really investigating this, and they're finding a lot of very dark human spuggling stuff they think is going on.

And that's muckraker.com. They've got quite a number of exposés, and they've been looking at these places where literally just thousands of kids, only kids, are being put into these places around Texas, and they've got razor wire around them, two layers of razor wire. They've got these Walmarts that they've, they're putting kids into, you know, people used to speculate about what's going on with the Walmarts, you know, now they literally are using Walmarts to house these kids. It's very, very disturbing stuff. And, you know, I, I just don't, I agree. I don't see how there's

going to be any answer for it. I think it's going to be up to the states to try to recognize the constitutional nature of it, but they're not going to get responses from the feds. That's the problem. And of course, you've got governors like Maura Healey, who rather than actually doing the right thing, which is to say, hey, maybe we shouldn't incentivize people to come here. They're doing the exact opposite thing. They're actually paying people to come. It's nuts. It's, you know, it's crazy. Toby. Yeah. Final thoughts on that one. Then I want to ask you a little bit about the status of things on firearms in, in Massachusetts. And of course, talk about Cape Gunworks.

Sure. Yeah. Just to close the loop on that. i know several people who are very involved in ukraine um i've sold some medical kits and stuff like that that were being sent and you know this point isn't about where you fall on whether or not we should support ukraine in any way shape or form but there's people doing humanitarian work there and there's people with boots on the ground there doing humanitarian work and i was talking with one of them who has funded a lot of operations there that um he went there i don't know probably a year ago at this point and um they were on the ground and they were walking uh some of the uh the forest if you will along the uh poland border polish border and and uh they stumbled upon a huge child operation where they were packing kids on buses. And these were obviously Ukrainian kids that were being taken from the war zones and

forwarded up to this loading. It was very clandestine. It wasn't an official operation. And they had to literally stay hidden or else they probably would have got whacked in the process for for knowing about it. But they had eyes on on it. They took pictures and they have evidence and they've been dealing with the State Department about it. But the you know, everybody's got eyes wide shut when it comes to that. But there was, you know, hundreds and hundreds of children being loaded onto buses and being shipped out and uh that that is just one of the many many places where they can get kids from and and that uh ultimately are being uh you know moved around the world uh anonymously because they probably don't have a birth certificate or any type of ID whatsoever.

So no one knows if they're alive or dead. And, you know, that's the sad state of affairs and where we're at. And, you know, God help us as a global population that to anyone who facilitates that, because Jesus had the most strong words in the Bible about people who will harm a child. And he said, it's better if you weren't even born or a millstone hung about your neck and cast into the sea. So there's going to be a day of reckoning, whether it's on this side of eternity or the next side of eternity.

But I thank God for those organizations, like you just pointed out. There's a lot of them out there doing a lot of good work. We support a bunch. And so hopefully they'll be exposed for who they are and can be brought to justice. Boy, that's a great point, Toby. And, you know, it rings in with I mentioned on my streaming show, the the perverse way that the Ukrainian government right now is bringing teenage girls into hospitals to soldiers as prostitutes. I mean, it's just it's to come for the guys who are convalescing. And you just think, you know, you get these destabilization forces that are out there, whatever the sources are of these things, whether it's, you know, a so-called authentic conflict between cultures that's been arising for so long. or other nation state involvement or multinational involvement in disposing, displacing the elected government somewhere.

We just saw this happen in Pakistan with Victoria Nuland's involvement in Pakistan. And then they they they pick up the pieces, you know, they blow everything to shrapnel. Then they pick up the pieces and they sell human beings off like little nuggets of gold. It's awful. It's so terrible. Uh, Tony, I mean, uh, uh, Toby, why don't you tell us a little bit, uh, about, uh, where things stand? You know, last time I spoke to you, we were talking about how, uh, Massachusetts sort of was ground zero for the fight on post Bruin, the government forces throwing everything they can up against the wall to try to, uh to make it more difficult for people to buy and sell firearms in Massachusetts.

And you had gone up against HD 4420 with just absolute fervor and great, great power. You're still involved there and in fact, getting more involved with the political world there to try to stop these people. Tell us a couple of things you might want people to know if they're from outside Massachusetts that you're seeing either in Massachusetts or nationally that might be important to them regarding the right to keep and bear arms. I'd love to hear it. And if I'm putting you on the spot, just let me know. No, it's good. I like being on the spot. All right. Keep me on my toes. So the bottom line is HD 4420 was an act modernizing firearms in Massachusetts that was introduced last, I believe, June by Michael Day, who is a legislator from Stoneham, Massachusetts, and he is on he's the chair of the House Judiciary Committee. So he did this state listening tour for 11 stops. It lasted about six months, five or six months, and went around to different communities in the state and had a listening tour where he said, nothing is on the table.

The speaker of the house has tasked me with modernizing our gun laws in a post-Bruin world. So NYSERPA v. Bruin came out in June of 2022, and it changed the game. It really didn't change anything, honestly, other than the court put the smack down on the inferior courts and said, you guys have been getting it all wrong since Heller. Heller was a landmark case, but yet when there were challenges in a post-Heller world, they were not very successful. So the amount of court challenges in post Heller world were, I think, maybe less than 20% successful. So the court system or the inferior courts were still using a interest balancing approach or a tiers of scrutiny approach to gun laws. And Justice Thomas was, you know, had said several times after Heller, but before Bruin, that the Second Amendment has become a disfavored right. And it is treated in so in a in a way that no other right is treated. And nothing could be more true than that. So NYSERPA v. Bruin came along and it was a licensing situation where it was a May issue

license state and you couldn't buy a gun without a license, but they yet wouldn't give you a license unless you could show some sort of need for it. So if you didn't have a trained assassin following you home from work every day, then you couldn't give them a good reason why you needed the license. So the bottom line is the Supreme Court struck it down, but they took it a step further. And they said, we've been looking at all gun control through this tiers of scrutiny, interest balancing, two-step approach. And that is one step too many. Because the Second Amendment is an enumerated

right, the government took great care to put it there, and it should be treated with a strict level of scrutiny. In the text is the first lens at which you look at all gun laws through, then you can look at history and tradition at the time of the ratification of the Second Amendment in 1791. So those are the three lenses that you can look at gun control now going forward. So that put the burden on government to prove that all of their gun control laws are consistent with our nation's text, history and tradition. That's a hard barrier for them to to meet a heart. That's a very high wall for them to climb. No, they can't. As Hunter Biden's defense team knows very well now, since a portion of the 68 Gun Control Act seems to be highly in question because of exactly that standard where back in history, they might have pulled a gun away from a drunken person who was waving it around while they threw them in to cool off for a while. But that was not something where somebody who is an alcoholic and is not displaying any sorts of signs that he's drunk and dangerous at the time, they wouldn't take his gun away. So I think that's quite interesting. And these barriers have a much stronger connection.

This new standard under Bruin has a much stronger connection, I think, to the real sentiment of the founders. Right. And as it should, if you think about it, this is what strikes at the root of the argument for me. The Second Amendment is the only one that says shall not be infringed. So if you've cleared a couple of hurdles as far as text, history and tradition, and you can point to something that's, you know, consistent with our nation's history and tradition, like you just said, disarming the drunk guy who's waving the gun around like, OK, but that's that's consistent. And then if you're an extremely dangerous person, that's consistent with our text, history and tradition. And then look at any other right. In the state of

Massachusetts, for me to exercise my right to keep and bear arms, I need to take a four-hour state-mandated class, pay $100 for that class, or at least $100 for the most part. And in that class, I'm told where I can carry, what I can do with it, which gun I can buy, uh, you know, basically the who, what, why, when of gun ownership in Massachusetts. And that's a state mandated class. Once I'm successfully completed that class, I get a certificate. Now I can go down to the local police department and I can apply and I fill out an application and pay another a hundred dollars and then give them the application where I'm promptly fingerprinted, photographed, background checked. And prior to the Bruin mandate, I had to give a reason why.

I had to give three character references and the state could still limit where I was able to carry a gun. They could say, well, you don't have a need. There's no ninjas following you home, trying to kill you. So we're just going to grant this license for any law, uh, instead of any lawful purpose, we'll grant it for target shooting. So now you can take it to and from the range and that's it. Don't stop at the gas station. Don't stop at the convenience store to pick up bread, milk, and OJ, you know, you're, you're, you just go to and from, and that's it. That's what the government could do. Yeah. And then now substitute second amendment with fourth amendment. All right. And so this puts the burden upon the police to issue that license to me.

And if they didn't think I was of suitable character, they could deny that license. Now, why don't we have a license for our Fourth Amendment? Right. Why don't you know, if I don't want my house illegally searched and my goods seized upon by the government, I don't need to get a license in order to make sure that doesn't happen. It's just a right. It doesn't happen because it's a right. And so if I had to subject myself to that same standard that we put on the second amendment for whatever right, first amendment, if I needed a license to go to church or if I needed a license for a peaceful assembly, you know, or to protest or to, um, you know, make a speech, uh, then I

think people would be like, wait a minute. No, I have a right. Well, the same thing is true with the second amendment. I have a right and Liberty is without license. We have a Murdoch v Pennsylvania case that came down in 1943. That was a First Amendment case, but the Supreme Court said government cannot charge a fee, sell a license, or issue a permit for the free exercise of a constitutional right, a federally protected constitutional right. So because of the interest balancing tiers of scrutiny threshold that the courts have been meeting for the past few decades uh they've been getting away with murder literally yeah yeah and and so um they've had all these these uh

potholes and roadblocks set up in front of peaceful, law-abiding, reasonable people that want to exercise their right to keep and bear arms. And Gard, it actually goes a step further in my mind than that even. If you go back to the Declaration of Independence, you know the thing. It says, we hold these truths to be self-evident that all men are created equal and are endowed by their creator with certain unalienable or unalienable rights. Right. What is unalienable? What is unalienable? Part of your nature. Well, it means you can't attach it.

You can't put conditions on it. There's nobody that can make a claim to it. Right. So it is a right is exactly that. It's something that you can't encumber. It's unalienable. It's unattachable. It's unencumberable. You government can't come alongside and make a claim on that right. And now say, hey, yeah, I know you want to have a gun in the house, but you're going to have to get a permit. You're going to have to tell us what it is. You're going to have to put serial numbers on it. You're going to have to get a special license. You're going to have to lock it up a certain way. None of that. It's unalienable. It is a right that our founders

acknowledged. And they said, what are the three things they said right after that? They said, life, liberty, and the pursuit of happiness. Without life, you can't have happiness or the pursuit of happiness or liberty, right? So you've got to be able to protect life. And that's exactly what firearms do. They enable you to defend and protect yours and your loved ones. If you can't do that, then you don't have that right. And that's why the government is so adamant at wanting to take away Second Amendment rights, because they know that that is the one right that protects all the others. It is the tyranny. It is the tyrant safety relief valve for the citizenry. And, you know, Toby, we're speaking with Toby Leary of Cape Gunworks, folks. And remember, rapid fire. Hit the rapid fire tab at capegunworks.com and check out the resources there. Just amazing stuff. And of course, you can hear Toby every Tuesday at two in the afternoon on Grace Curley's program syndicated from the Grace Curley Show and the Howie Carr Network. mine, which is I think being able to draw the analogy of what would the founders have done

during, say, the Stamp Act, as you draw out that Fourth Amendment example, is excellent. It's a great way to tell people, look, you've got the immediate logic of this. You've got the words themselves. But just if you can go back to when you were a kid, when one was a kid, and you heard about the affront of the Brits saying, imagine them saying, well, you've got to prove to me that there isn't a reason for me to go into your house. You've got to prove to me that there isn't a reason for me to take your gun. I mean, just that is the mindset that we're dealing with. And the redcoats're dealing with. And the redcoats have just been replaced by the DC coats, by the more Healy coats, you know, by the politicians who will try to draw and of course, manipulate statistics. John Lott has done great

work to show the beneficial nature. If people don't even want to go by the morality and the principles of it, they can look at the consequential outcome of it, which I wouldn't do necessarily to say that that is the answer. But it undercuts even their argument of we need gun control to pursue this end of safer streets. We need to restrict your right to be able to defend yourself as a law abiding citizen when they know that the prohibition will not stop the criminally minded people. They've got a financial incentive and they got a mindset that says, why should I bother

paying attention to these people? I'm engaged in criminal activity in the first place, right? So it's quite interesting to see how all this goes. And I love the way that you defend these things. I know we're up against the clock now and you have taken great time. I know I came in like four or five minutes after 10 o'clock. So I want to make sure that we give you the opportunity to tell people again, as we sort of close off,

if there are any other thoughts that you want to mention about things they should be watching in Massachusetts, because that HD 4420 is still going to be popping up. They're doing everything they can now to try to challenge Bruin, challenge Bruin with all these different things to create lawfare to make you guys have to spend money to try to stop legislation. And I'd love to sort of pick your mind a little bit about what you see on the state level or the national level and of course, where they can find you. Yeah, absolutely. And thank you for

pointing that out because I got off on a little tangent there. But a great HD 4420 has now become HD 4607. So it was reintroduced last week. And the same thing they tried to do this summer when they introduced 4420 was push it through as quickly as possible. Right now, everyone's clapping and applauding Maura Healey's tax relief bill, which I've done as well. Anytime there's tax relief, I'm on board. I don't care who signs it into law. So she's getting all the attention for that right now. But what they're doing quietly behind the scenes is trying to ram 4607 down our throats. Tomorrow at the Gardner Auditorium, there is a hearing on this, a public hearing. We need everybody who is interested in protecting the right to keep and

bear arms in Massachusetts to show up in person or virtually. If you want to speak today, there's is the deadline to register to speak. I will be speaking hopefully tomorrow. Everyone gets three minutes. I've registered already, but this is of paramount importance. It one. Number two, we need all of them to get activated and involved in the fight and call, email, write letters and troll their social media of any of their representatives, the governor and the state reps, as well as the state senators, and also those who introduced the bill and those who are on the committee that's going to hear this. So tomorrow we have a hybrid joint committee at the Gardner Auditorium at 11 a.m., and it's got to be action-packed. We need everybody to mobilize.

We need everybody to show up, and we need our voices to be heard. They didn't listen to the 11 listening tour stops. They came out with this prewritten bill, 141 pages long. Now it's been whittled down to 122 pages of gun control where they're trying to restrict. The the masses because of the evil deeds of a few and also because of their own inadequacies in keeping our cities safe. So that's the most important thing going on right now in my world. And I know, Toby, when it was 4420, we went through some of the specifics on that, and I

assume many of them still remain as they are basically just going to put as much out to in the face of ruin. coding of gun parts and restrictions on sales of certain types of firearms that would eventually winnow down the types of firearms that you could sell in Massachusetts. And again, this is regardless of the Bruin decision. They're just doing this. What sort of facets would you like to bring to mind to people if they're watching from outside Massachusetts or if they're watching inside Massachusetts and they can go to Gardner Mass and check out? It is the Gardner Auditorium in Gardner Mass, right? Or is it? No, no. It's the Gardner Auditorium at the state house. Oh, it's in the state house. I didn't realize. Yeah. That was stupid of me. Um, so yeah. Um, so, so can you tell people a little bit about a couple of these, uh, these, these facets that still remain that would be really alarming?

Oh yeah. There's a, There's a million of them, but one is they're trying to ban an entire category of firearms, which Heller said you can't do. Any gun that is in common in ordinary use cannot be banned, period. And they're trying to ban all semi-automatic rifles that have detachable magazine and at least one other feature, like a pistol grip or a vertical foregrip or a detachable stock, whatever the heck that means. So there's a new features test. And

from my count, I'll be able to sell about three semi-automatic rifles out of the thousands of available commercially right now. So that's basically an entire categorical ban on semi-automatic rifles in the state of Massachusetts. Um, you mentioned the, the kids. I don't know, um, if that, that provision still is in there, but they do have anyone under 18 cannot possess or, or shoot a, um, a handgun if they're non-residents in the state of Massachusetts period. Yep. And which is absolutely ridiculous. Uh, but, um, it is a massive expansion on red flag laws. And the one, the biggest thing on red flag laws is the due process element of it. So we just talked about the fourth amendment. Um, well that's, that's the problem is, and you aptly pointed out that the Brits used to have it the other way. You prove your innocence and that's what happens with red flag laws. And also with people who are denied, um, the license to carry for

suitability reasons, uh, they now are denied and then told, well, you can appeal in court and show how we got it wrong. So the due process is so out of whack with our American jurisprudence and our history of this country is you're innocent until proven guilty. So that's a that's a huge thing. But anyway, there's also they did give back a couple of things that they knew they were going to lose on. But the bottom line is it's one hundred and twenty two pages of unconstitutional law. It's a total temper tantrum in response to the Bruin decision. I predict predicted it right after Bruin happened. I said, Massachusetts is going to make this worse before it gets better. They know their days are numbered. This is a stall tactic. This is them, uh, you know, putting out something that we're going to

have to spend money and time on to get our rights restored and back. Uh, the worst part of it, Gard, is I believe that they've committed malfeasance in their official capacity just by introducing this bill. That point you brought up, I had never thought of that, the way you describe malfeasance. I'm jumping in. Please go ahead. Yeah. Yeah. No, it's just they put their hand on a Bible and raised the right hand. Ironically, they want to change the oath of office that they swear as well. That's another conversation for another day. But they they did swear to protect the Constitution of the United States against all enemies, both foreign and domestic. Well, they themselves become an enemy of the Constitution as soon as they introduce this bill.

And because it is unconstitutional they have three major court cases to that have told them that heller mcdonald and bruin now and they still feel like they have constitutional authority to do this. They don't. There is constitutional limits on their authority and they do it anyway. So Madison wrote in the Federalist Papers 44 that they don't have the right to do this. There's limits on the constitution. There's limits on their official capacity as legislators. And so yet they do it anyway. So that is the definition of fraud is knowingly and willingly acting in a way that would cause you to your rights to be violated. So that is malfeasance. And as far as I'm concerned, that's a dereliction of their duty.

If a police officer did that, they would lose their qualified immunity and could be personally and severably liable and sued personally. The legislature has protected itself and can't be sued. But if you can prove that they are violating rights, then they will lose their constitutional, uh, their protection. Yeah. Their protection. It's you, it's code, uh, USC 18, I think two 42, I could actually look it up for you, but, um, for the sake of time, uh, I will, yeah, here it is right here. I got it. It's Title 18, USC, Section 242. Hey, memory served me well. Listen to this. Whoever under color of any law, statute, ordinance, regulation or custom willfully subjects any person in any state, territory, Commonwealth possession or district to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution laws of the United States shall be fined under this title or imprisoned not more than one year or both. It gets better. And if bodily injury results from the acts committed in violation of this section or in such acts include the use of or attempted use of threatened

of a dangerous weapon, explosive or fire shall be fined under this title or imprisoned not more than 10 years or both. And if death results from the acts committed in violation of this section, I want to point out that the people who need to protect themselves with firearms and if those rights are deprived of them by these unfaithful legislators, the implications are life and death. kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse or an attempt to kill shall be fined under this title or imprisoned for any term of years for life or both and may be sentenced to death. So this carries the death penalty if you get it wrong, guard. Now, I know that they basically sit in their ivory towers and they're untouchable. But the bottom line is, if they willingly and knowingly conspire to violate your and my constitutionally protected rights, I don't see how 18 U.S.C. Section 242 doesn't apply. That's excellent.

Yeah. Yeah. That research is so, so key. And there's so many things that you can bring up when you speak. And I was thinking the Gardner Auditorium there again, over in the Statehouse. And you've got only three minutes. So it'll be interesting. You know, there's so much you could pack in there, Toby.

I don't know what you choose to be able to discuss. It's like you've got, you've got such a bounty of stuff. Well, we'll see how it goes, but I hope people will check it out. What time is that again? Tomorrow at 11. 11. 11 a.m. I believe you can watch it virtually as well.

Go to Gun Owners Action League's website, goal.org. They have all the links right there. It's kind of the, yeah, the basic page where it compiles. You know, I'm just, it makes me think about all the time. Cause you're down in Hyannis. You got to drive up to Boston now to do this all the time that they take from a, I mean, you know, we know that we know the score. We got to keep fighting for freedom. Toby, you are remarkable. And I'm so glad I was able to fill in for David and, you know, introduce you to his audience again here and tell people about what you do at Cape Gunworks, what you're doing in Massachusetts, as I think, uh, uh, an example of some of the fights that other people must engage in other states and other localities and other countries, whether it's England or Australia, the examples abound where the gun grabbers are harming people and putting them at risk. And so, you know, I mean, to close it off with sort of that grandiose statement, I really appreciate you coming on and, and, and your work too, Toby,

really. Thank you. Anytime guard. I appreciate you having me on and thanks for sharing, sharing the listeners from the, uh, this show. This is great. And, uh, hopefully people will start to get activated and get involved. That's a great way to start my Monday. I appreciate it, Toby. And I'll be listening to you tomorrow with grace, buddy. Okay, great. Well, I hope I can get on. Cause I might be still at the, at the state house.

That's right. You might. Yeah. Yeah. All right. Well, into the state house, if you can't, uh, if I, if I, if I can come, if I can get a wig or whatever, I could pretend to be you, but I wouldn't work. Yeah. Just you, you'll be able to watch it virtually.

So, uh, I would say sign in and, in and and uh there'll be a lot of good content that's for sure good stuff good stuff thanks toby toby leary at cape gunworks online and uh check them out what they're doing thank you for taking the time toby to talk to the dave knight audience i appreciate it absolutely anytime i'll be there thanks all right man talk to you soon all right thanks toby great stuff from to Leary. Good man. Good man. They created Common Core to dumb down our children. They created Common Past to track and control us. Their Commons Project to make sure the commoners own nothing. And the communist future. They see the common man as simple, unsophisticated, ordinary.

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