When you said you had little experience with guns I believe you. Your definition of so-called “Ghost Guns” is incredibly uninformed. The real problem with your interpretation of the second amendment to allow various legislative restrictions placed on gun ownership gives us draconian regulations like you have in New York, New Jersey, California and Illinois. These states continually make the laws more and more restrictive as time goes on. It seems like the real intention of these regulations is make to ordinary gun owners criminals and eventually outlaw all guns……
It dawned on me that you kept saying this was a second amendment case, it’s not. It’s an administrative procedures act case left over from the Biden administration. The ATF rule at the heart of this can be tossed into the trash by the Trump Administration today. By your logic and some states(California to name one)CNC milling machines and 3D printers(both metal and plastic) would require a Federal Firearms manufacturers license to own. So, now we turn every single machine shop into a legal gun factory. I’m sure that will work out great. What about the basic materials used by these machines. You know, blocks of metal, powdered metals….weed eater string. That’s right we should make basic metals and supplies for lawn equipment restricted. Funny? They are already doing it. You also said every part of a gun should be serialized. Interesting, so if I buy a replacement part or an upgrade item does it come with a stand alone serial number or do I have to have it stamped with the original guns serial number? If stand alone I could wind up with a 12 in one gun situation. How would this affect states with the 1 gun purchase in 30 days rule? As you can see none of this is as simple as you wish it were. The real problem is there is very little actual federal regulation and the court record is limited or flawed at best. One of the oldest cases cited is so flawed (US v Miller) it would not pass muster today. Miller was actually dead when they ruled against him.
You apparently have done no research regarding the building of Eighty (80) percent firearms that the LooneyLeft intentionally for dramatic effect mislabeled “ghost guns.”
There is a significant amount of knowledge, tooling, and work that goes into their manufacturing, especially for them to work flawlessly.
During our Colonial and young nation stages the personal manufacturing or firearms was not uncommon nor did manufacturers have to register with the federal, state, or local governments.
Also, you have applied a modern usage for regulate, whereas the time specific use was more in keeping with the “regulating of a watch” wherein the militias were expected to perform with monitorable balance and accuracy whose performance could be monitored by observing its lethality as in killing British soldiers from revolutionary times through the War of 1812.
Unfortunately it seems we pro-2A citizens had idiots presenting our case before SCOTUS; even a great legal mind like you got it totally wrong.☹️
Day 2452 of the ongoing Cover Up of Dershowitz's involvement with Jeffrey Epstein and his activities with Epstein's project, particularly the uniquely immoral pedophilic grooming and rape organization coupling 250 mostly underage children with rich or influential men,generally geriatrics, in order to blackmail them.
Dersh seems to have been the right man for protecting and enabling Epstein. Already in 1970 Dersh written a legal article for Commentary opposing the enforcement of statutory rape laws.
He thought that kids after age 12, after puberty were sexual beings and they should generally be freely available sexually. One imagines this make him unpopular among the parent and grandparents on Marthas Vineyard. He was unconcerned with child immaturity and vulnerability. He repeated the article in an LA Times Op-Ed in 2018. So Dersh was ideal for a plan to drug into compliance underage children and give them to the rich while filming and then blackmailing..
Dersh was also specifically accused --- personally accused ---of a number of pedophilic rapes, serial in nature with one child who alleged her trafficking by him. and this and all other activity connected to pedo connections has been COVERED UP to such a degree that we know only the tip of the iceberg of what the Epstein Dershowitz connection accomplished. Lots of pressure has got us only non-probative documents, namely flight logs. Neither Epstein nor Dersh ran a kiddie Mile High Club. The sale of kids' bodies happened after landing and under roofs..
Dersh is a very rich man. Others connected to him became very rich. Sale of child bodies netted not only blackmail influence but presumably also big money. Leon Black personally paid Epstein USD 150 million, for "tax advice".. Cover- ups cost but plenty of money has been available. Israel and/or Israel lobbies may also play an important role. And these are likely the reason American prosecutors will not even indict Dersh for the many and detailed allegations of raped children.
In the American legal system, a prosecutor looks at allegations documented by a police report. The prosecutor determines credibility and can apply discretion to refuse an indictment when he thinks there will be no conviction. An example of this is Robert Hur's analysis of Biden's dementia and suitability for trial of the Biden Crime Family. Dersh pressured a DA for secret and total immunity from the pedo allegations, and got it for himself and four Epstein co-conspirators. But after some years the immunity was invalidated because of conflict with the Victims Rights Act.. The children called Dersh a "serial pedophile rapist and child trafficker". He called them"prostitutes and liars". That was a mistake that cost him.
One of them sued him or defamation with a pro bono attorney . To avoid appearing under oath in civil court, a million dollar was paid as hush money. Prosecutors fear damage to their careers and the epithets of "antisemitism" if they they indict and let a jury hear the children's allegations of Dersh's sexual attacks on them..Dersh has access to lots of money to evade American justice. Both AIPAC and the ADL will predictably see protection of Dersh as far more important than retribution for the torture and sexual exploitation of about 250, mostly underage, children some of whom directly and specifically allege pedo rape by inter alia Dersh and fellow travellers..None of the male sexual predators blackmailed by Epstein or his associates have been indicted. Not a single one. And Dersh certainly does not help. He refuses to talk about all he did for Epstein and why all the children interviewed by the Palm Beach Police knew Dersh by name and could identify him. And the police even got a description of his 73 year old fully naked body,which sticks firmly to the mind of the reader and reappears in nightmares. Key words: grey pallor, eczema, skin flabs and low hanging testes. What the kids experienced was far worse. One child's attorney tried to get a physical examination like that of Michael Jackson,to verify the description. Dersh's high-powered attorney prevented that.
Remember that Equal Protection of the Law clause in the Constitution. Practice seems to have added a loophole: "Except Dershowitz may do whatever he pleases to whomever he wants regardless of age,, and furthermore any proof of a Dershowitz crime is allowed to be covered up." America 2025.
Unfortunately, Professor, you are astonishingly incorrect in your description of ghost guns and your analysis of the second amendment.
A ghost gun is technically any firearm without a unique serial number, which makes it virtually untraceable. These can be made with 3D printers or one can purchase parts. The regulated portion of the gun, the lower receiver, if ready to use, must have a unique serial number. The other parts of the gun do not require serial numbers. If one purchases an unregulated version without a serial number, it must be at least 20% unfinished. (I assume this number was arrived at by manufacturers of completed, regulated firearms as the condition before they are examined and determined to be useable, but someone may have pulled 80% out of their ear I suppose.) It is possible for individuals to purchase the 80% lower receiver and do the drilling and machining necessary to make it useable - without a serial number, and therefore untraceable. It is not a 30 minute process. It is not something that can be done properly without the right equipment. It is not a kit like the models we used to assemble in our youth.
With regard to the second amendment: When the Constitution was written, militias were mostly local groups of armed citizens. A well regulated militia was one with the equipment to do their job. To have a well regulated militia, the members must have firearms. Therefore the right of the people to keep and bear arms shall not be enfringed. Not the right of the government. Not the right of the militia. The right of THE PEOPLE. The government may not prevent the citizens from owning and carrying arms. From an English usage perspective, "a well regulated Militia, being necessary to the security of a free State" is a dependent or subordinate clause. It has no meaning apart from the independent or primary clause. Interpreting the amendment to say "the people only have the right to keep and bear arms in order to serve in the militia" is turning the amendment on its ear.
Furthermore, if one has the right to possess a firearm, and the right to carry a firearm, necessarily one would have a right to aquire a firearm, and surely the most pure exercise of the right to aquire must be to manufacture for yourself.
When you said you had little experience with guns I believe you. Your definition of so-called “Ghost Guns” is incredibly uninformed. The real problem with your interpretation of the second amendment to allow various legislative restrictions placed on gun ownership gives us draconian regulations like you have in New York, New Jersey, California and Illinois. These states continually make the laws more and more restrictive as time goes on. It seems like the real intention of these regulations is make to ordinary gun owners criminals and eventually outlaw all guns……
It dawned on me that you kept saying this was a second amendment case, it’s not. It’s an administrative procedures act case left over from the Biden administration. The ATF rule at the heart of this can be tossed into the trash by the Trump Administration today. By your logic and some states(California to name one)CNC milling machines and 3D printers(both metal and plastic) would require a Federal Firearms manufacturers license to own. So, now we turn every single machine shop into a legal gun factory. I’m sure that will work out great. What about the basic materials used by these machines. You know, blocks of metal, powdered metals….weed eater string. That’s right we should make basic metals and supplies for lawn equipment restricted. Funny? They are already doing it. You also said every part of a gun should be serialized. Interesting, so if I buy a replacement part or an upgrade item does it come with a stand alone serial number or do I have to have it stamped with the original guns serial number? If stand alone I could wind up with a 12 in one gun situation. How would this affect states with the 1 gun purchase in 30 days rule? As you can see none of this is as simple as you wish it were. The real problem is there is very little actual federal regulation and the court record is limited or flawed at best. One of the oldest cases cited is so flawed (US v Miller) it would not pass muster today. Miller was actually dead when they ruled against him.
You apparently have done no research regarding the building of Eighty (80) percent firearms that the LooneyLeft intentionally for dramatic effect mislabeled “ghost guns.”
There is a significant amount of knowledge, tooling, and work that goes into their manufacturing, especially for them to work flawlessly.
During our Colonial and young nation stages the personal manufacturing or firearms was not uncommon nor did manufacturers have to register with the federal, state, or local governments.
Also, you have applied a modern usage for regulate, whereas the time specific use was more in keeping with the “regulating of a watch” wherein the militias were expected to perform with monitorable balance and accuracy whose performance could be monitored by observing its lethality as in killing British soldiers from revolutionary times through the War of 1812.
Unfortunately it seems we pro-2A citizens had idiots presenting our case before SCOTUS; even a great legal mind like you got it totally wrong.☹️
Day 2452 of the ongoing Cover Up of Dershowitz's involvement with Jeffrey Epstein and his activities with Epstein's project, particularly the uniquely immoral pedophilic grooming and rape organization coupling 250 mostly underage children with rich or influential men,generally geriatrics, in order to blackmail them.
Dersh seems to have been the right man for protecting and enabling Epstein. Already in 1970 Dersh written a legal article for Commentary opposing the enforcement of statutory rape laws.
He thought that kids after age 12, after puberty were sexual beings and they should generally be freely available sexually. One imagines this make him unpopular among the parent and grandparents on Marthas Vineyard. He was unconcerned with child immaturity and vulnerability. He repeated the article in an LA Times Op-Ed in 2018. So Dersh was ideal for a plan to drug into compliance underage children and give them to the rich while filming and then blackmailing..
Dersh was also specifically accused --- personally accused ---of a number of pedophilic rapes, serial in nature with one child who alleged her trafficking by him. and this and all other activity connected to pedo connections has been COVERED UP to such a degree that we know only the tip of the iceberg of what the Epstein Dershowitz connection accomplished. Lots of pressure has got us only non-probative documents, namely flight logs. Neither Epstein nor Dersh ran a kiddie Mile High Club. The sale of kids' bodies happened after landing and under roofs..
Dersh is a very rich man. Others connected to him became very rich. Sale of child bodies netted not only blackmail influence but presumably also big money. Leon Black personally paid Epstein USD 150 million, for "tax advice".. Cover- ups cost but plenty of money has been available. Israel and/or Israel lobbies may also play an important role. And these are likely the reason American prosecutors will not even indict Dersh for the many and detailed allegations of raped children.
In the American legal system, a prosecutor looks at allegations documented by a police report. The prosecutor determines credibility and can apply discretion to refuse an indictment when he thinks there will be no conviction. An example of this is Robert Hur's analysis of Biden's dementia and suitability for trial of the Biden Crime Family. Dersh pressured a DA for secret and total immunity from the pedo allegations, and got it for himself and four Epstein co-conspirators. But after some years the immunity was invalidated because of conflict with the Victims Rights Act.. The children called Dersh a "serial pedophile rapist and child trafficker". He called them"prostitutes and liars". That was a mistake that cost him.
One of them sued him or defamation with a pro bono attorney . To avoid appearing under oath in civil court, a million dollar was paid as hush money. Prosecutors fear damage to their careers and the epithets of "antisemitism" if they they indict and let a jury hear the children's allegations of Dersh's sexual attacks on them..Dersh has access to lots of money to evade American justice. Both AIPAC and the ADL will predictably see protection of Dersh as far more important than retribution for the torture and sexual exploitation of about 250, mostly underage, children some of whom directly and specifically allege pedo rape by inter alia Dersh and fellow travellers..None of the male sexual predators blackmailed by Epstein or his associates have been indicted. Not a single one. And Dersh certainly does not help. He refuses to talk about all he did for Epstein and why all the children interviewed by the Palm Beach Police knew Dersh by name and could identify him. And the police even got a description of his 73 year old fully naked body,which sticks firmly to the mind of the reader and reappears in nightmares. Key words: grey pallor, eczema, skin flabs and low hanging testes. What the kids experienced was far worse. One child's attorney tried to get a physical examination like that of Michael Jackson,to verify the description. Dersh's high-powered attorney prevented that.
Remember that Equal Protection of the Law clause in the Constitution. Practice seems to have added a loophole: "Except Dershowitz may do whatever he pleases to whomever he wants regardless of age,, and furthermore any proof of a Dershowitz crime is allowed to be covered up." America 2025.
May Alan live long and prosper in the skate park that you built between your ears for him to grind away daily rent-free😆😭😵💫😳🙄🤔😜
Outlaws don’t follow laws, law abiding people do. Disarming law abiding citizens is an invitation to criminals to break the law. Common sense.
Unfortunately, Professor, you are astonishingly incorrect in your description of ghost guns and your analysis of the second amendment.
A ghost gun is technically any firearm without a unique serial number, which makes it virtually untraceable. These can be made with 3D printers or one can purchase parts. The regulated portion of the gun, the lower receiver, if ready to use, must have a unique serial number. The other parts of the gun do not require serial numbers. If one purchases an unregulated version without a serial number, it must be at least 20% unfinished. (I assume this number was arrived at by manufacturers of completed, regulated firearms as the condition before they are examined and determined to be useable, but someone may have pulled 80% out of their ear I suppose.) It is possible for individuals to purchase the 80% lower receiver and do the drilling and machining necessary to make it useable - without a serial number, and therefore untraceable. It is not a 30 minute process. It is not something that can be done properly without the right equipment. It is not a kit like the models we used to assemble in our youth.
With regard to the second amendment: When the Constitution was written, militias were mostly local groups of armed citizens. A well regulated militia was one with the equipment to do their job. To have a well regulated militia, the members must have firearms. Therefore the right of the people to keep and bear arms shall not be enfringed. Not the right of the government. Not the right of the militia. The right of THE PEOPLE. The government may not prevent the citizens from owning and carrying arms. From an English usage perspective, "a well regulated Militia, being necessary to the security of a free State" is a dependent or subordinate clause. It has no meaning apart from the independent or primary clause. Interpreting the amendment to say "the people only have the right to keep and bear arms in order to serve in the militia" is turning the amendment on its ear.
To this day 10 USC 246 describes the unorganized militia as all able-bodied males at least 17 and under 45 years of age.
Furthermore, if one has the right to possess a firearm, and the right to carry a firearm, necessarily one would have a right to aquire a firearm, and surely the most pure exercise of the right to aquire must be to manufacture for yourself.
Great show. I agree with your conversation and opinions. Thank you.