RADIOJune 23, 2022

NYC gun laws CHALLENGED after 'GREAT' Supreme Court ruling

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

Transcript

Below is a rush transcript that may contain errors

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

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

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

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

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

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

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

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

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

GLENN: Yeah. It's nuts.

JOSH: Go ahead.

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

JOSH: Yes and no.

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

GLENN: But it's not the same.

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

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

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

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

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

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

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

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

JEFFY: American Financing. NMLS 182334. Www.NMLSconsumeraccess.org.

GLENN: So listen, right now, it is so imperative, that we are very frugal with our money. We are moving closer and closer to the brink of a recession. I know you listen to the president.

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

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

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

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

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

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

GLENN: Oh, my God. No. No.

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

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

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

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

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

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

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

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

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

GLENN: Okay.

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

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

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

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

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

And we're coming close to really big ones.

THE GLENN BECK PODCAST

Are Epstein's "Blackmail Videos" Being Used for Leverage RIGHT NOW?

What was Jeffrey Epstein's operation all about. If he was at the center of a massive blackmail operation to compromise those in positions of power, who is in possession of that information now? Glenn Beck and ATF Whistleblower John Dodson analyze the details of this situation and give their thoughts on what is the most likely reality surrounding Epstein.

Watch Glenn Beck's FULL Interview with ATF Whistleblower John Dodson HERE

WARNING: How America Elects a Socialist President in 2028 | Glenn TV | Ep 444

The rise of Zohran Mamdani, the 33-year-old socialist who just won the Democratic primary for mayor, is not just a political earthquake shaking New York City — it’s a warning for the rest of America. Backed by Bernie Sanders, AOC, and the Democratic Socialists of America, Mamdani promises free everything, to tax the rich, and to dismantle capitalism. There’s nothing new about this tired strategy, but the media is propping him up as a new political genius. And with Democrat leaders lining up behind him, it’s clear: This radicalism isn’t fringe anymore. It’s the Democratic Party’s future. Mamdani’s rise is part of a larger movement that’s rewriting America’s values. Glenn Beck explains how New York is the prototype for the Left’s socialist makeover of America. Victor Davis Hanson, senior fellow at the Hoover Institution at Standford, gives a terrifying prediction on Mamdani’s mayoral race chances and warns the revolution is coming for mainstream Democrats. He also dives into MAGA’s frustration with the Trump administration's handling of the Epstein files.

Salena Zito reveals WHY Trump said “Fight! Fight! Fight!”

“I have a new purpose,” then-candidate Donald Trump told reporter Salena Zito after surviving the assassination attempt in Butler, Pennsylvania. Salena joins Glenn Beck to reveal what Trump told her about God, his purpose in life, and why he really said, “Fight! Fight! Fight!”, as she details in her new book, “Butler: The Untold Story of the Near Assassination of Donald Trump and the Fight for America's Heartland”.

Transcript

Below is a rush transcript that may contain errors

GLENN: Salena, congratulations on your book. It is so good.

Just started reading it. Or listening to it, last night.

And I wish you would have -- I wish you would have read it. But, you know, the lady you have reading it is really good.

I just enjoy the way you tell stories.

The writing of this is the best explanation on who Trump supporters are. That I think I've ever read, from anybody.

It's really good.

And the description of your experience there at the edge of the stage with Donald Trump is pretty remarkable as well. Welcome to the program.

SALENA: Thank you, Glenn. Thank you so much for having me.

You know, I was thinking about this, as I was ready to come on. You and I have been along for this ride forever. For what?

Since 2006? 2005?

Like 20 years, right?

GLENN: Yeah. Yeah.

SALENA: And I've been chronicling the American people for probably ten more years, before that. And it's really remarkable to me, as watching how this coalition has grown. Right?

And watching how people have the -- have become more aspirational.

And that's -- and that is what the conservative populist coalition is, right?

It is the aspirations of many, but the celebration of the individual.

And chronicling them, yeah. Has been -- has been, a great honor.

GLENN: You know, I was thinking about this yesterday, when -- when Elon Musk said he was starting another party.

And somebody asked me, well, isn't he doing what the Tea Party tried to do?

No. The Tea Party was not going to start a new party.

It was to -- you know, it was to coerce and convince the Republican Party to do the right thing. And it worked in many ways. It didn't accomplish what we hoped.

But it did accomplish a lot of things.

Donald Trump is a result of the Tea Party.

I truly believe that. And a lot of the people that were -- right?

Were with Donald Trump, are the people that were with the Tea Party.

SALENA: That's absolutely right.

So that was the inception.

So American politics has always had movements, that have been just outside of a party. Or within a party.

That galvanize and broaden the coalition. Right? They don't take away. Or walk away, and become another party.

If anything, if there is a third party out there, it's almost a Republican Party.

Because it has changed in so many viable and meaningful ways. And the Tea Party didn't go away. It strengthened and broadened the Republican Party. Because these weren't just Republicans that became part of this party.

It was independents. It was Democrats.

And just unhappy with the establishment Republicans. And unhappy with Democrats.

And that -- that movement is what we -- what I see today.

What I see every day. What I saw that day, in butler, when I showed I happen at that rally.

As I do, so many rallies, you know, throughout my career. And that one was riveting and changed everything.

GLENN: You made a great case in the opening chapter. You talk about how things were going for Donald Trump.

And how this moment really did change everything for Donald Trump.

Changed the trajectory, changed the mood.

I mean, Elon Musk was not on the Trump train, until this.

SALENA: Yeah.

GLENN: Moment. What do I -- what changed? How -- how did that work?

And -- and I contend, that we would have much more profound change, had the media actually done their job and reported this the way it really was. Pragmatism

SALENA: You know, and people will find this in the book. I'm laying on the ground with an agent on top of me.

I'm 4 feet away from the president.

And there's -- there's notices coming up on my phone. Saying, he was hit by broken glass.

And to this take, that remains part of this sibling culture, in American politics.

Because reporters were -- were so anxious to -- to right what they believed happened.

As opposed to what happened.

And it's been a continual frustration of mine, as a reporter, who is on the ground, all the time.

And I'll tell you, what changed in that moment.

And I say a nuance, and I believe nuance is dead in American journalism.

But it was a nuance and it was a powerful conversation, that I had with President Trump, the next day. He called me the next morning.

But it's a powerful conversation I had with him, just two weeks ago.

When he made this decision to say, fight, fight, fight.

People have put in their heads, why they think he said it. But he told me why he said that. And he said, Salena, in that moment, I was not Donald Trump the man. I was a former president. I was quite possibly going to be president again.

And I had an obligation to the country, and to the office that I have served in, to project strength. To project resolve.

To project that we will not be defeated.

And it's sort of like a symbolic eagle, that is always -- you know, that symbol that we look at, when we think about our country.

He said, that's why I said that. I didn't want the people behind me panicking. I didn't want the people watching, panicking.

I had to show strength. And it's that nuance -- that I think people really picked up on.

And galvanized people.

GLENN: So he told me, when he was laying down on the stage.

And you can hear him. Let me get up. Let me get up.

I've got to get up.

He told me, as I was laying on the stage. I asked him, what were you thinking? What was going through your head? Now, Salena, I don't know about you.

But with me. It would be like, how do I get off the stage? My first was survival.

He said, what was going on through his mind was, you're not pathetic. This is pathetic.

You're not afraid. Get up.

Get up.

And so is that what informed his fight, fight, fight, of that by the time that he's standing up, he's thinking, I'm a symbol? Or do you think he was thinking, I'm a symbol, this looks pathetic. It makes you look weak.

Stand up. How do you think that actually happened?

SALENA: He thinks, and we just talked about this weeks ago. He -- you know, and this is something that he's really thought about.

Right? You know, he's gone over and over and over. And also, purpose and God. Right? These are things that have lingered with him.

You know, he -- he thought, yes.

He did think, it was pathetic that he was on the ground. But he wasn't thinking about, I'm Donald Trump. It's pathetic.

He's thinking, my country is symbolically on the ground. I need to get up, and I need to show that my country is strong.

That our country is resolute.

And I need people to see that.

We can't go on looking like pathetic.

Right?

And I think that then goes to that image of Biden.

GLENN: You have been with so many presidents.

How many presidents do you think that you've personally been with, would have thought that and reacted that way?

SALENA: Probably only Reagan. Reagan would have. Reagan probably would have thought that.

And if you remember how he was out like standing outside.

You know, waving out the window. Right?

After he was shot.

GLENN: At the hospital, right.

SALENA: Had he not been knocked out, unconscious, you know, he probably would have done the same thing.

Because he was someone who deeply believed in American exceptionalism.

And American exceptionalism does not go lay on the ground.

GLENN: And the symbol.

Right. The symbol of the presidency.

SALENA: Yeah. Absolutely. And I think that affects him today.

GLENN: So let me go back to God.

Because you talked to him the next day. And your book Butler.

He calls you up.

I love the fact that your parents would be ashamed of you. On what you said to him.

The language you used. That you just have to read the book.

It's just a great part.

But he calls you the next morning. And wants to know if you're okay.

And you -- you then start talking to him, about God.

And I was -- I was thinking about this, as I was listening to it. You know, Lincoln said, I wasn't -- I wasn't a Christian.

Even though, he was.

I wasn't a Christian, when I was elected. I wasn't a Christian when my son died.

I became a Christian at Gettysburg.

Is -- is -- I mean, I believe Donald Trump always believes in God, et cetera, et cetera.

Do you think there was a real profound change at Butler with him?

SALENA: Absolutely. You know, he called me seven times that day. Seven times, the take after seven.

GLENN: Crazy.

SALENA: Talked about. And I think he was looking for someone that he knew, that was there. And to try to sort it out.

Right? And I let him do most of the talking. I didn't pressure him.

At all. I believed that he was having -- you know, he was struggling. And he needed to just talk. And I believed my purpose was to listen.

Right? I know other reporters would have handled it differently. And that's okay. That's not the kind of reporter that I am.

And I myself was having my own like, why didn't I die?

Right?

Because it went right over my head.

And -- and so I -- he had the conversation about God.

He's funny. I thought it was the biggest mosquito in the world that hit me.

But he had talked profoundly about purpose. You know, and God.

And how God was in that moment.

It --

GLENN: I love the way you -- in the book, I love the way you said that as he's kind of working it out in his own he head.

He was like, you know, I -- I -- I always knew that there was some sort of, you know -- that God was present.

He said, but now that this has happened.

I look back at all of the trials.

All of the tribulations. Literally, the trials.

All of the things that have happened. And he's like, I realized God was there the whole time.

SALENA: Yes. He does. And it's fascinating to have been that witness to history, to have those conversations with him. Because I'm telling you. And y'all know, I can talk. I didn't say much of anything.

I just -- I just listened. I felt that was my purpose, in that moment.

To give him that space, to work it out.

I'm someone that is, you know, believes in God.

I'm Catholic. I followed my faith.

And -- and so, I thought, well, this is why God put me here. Right?

And to -- to have that -- to hear him talk about purpose, to hear him say, Salena. Why did I put a chart down?

I'm like, sir. I don't know. I thought you were Ross Perot for a second.

He never has a chart. And he laughed. And then he said, why did I put that chart down?

By that term, I never turned my head away from people at the rally. That's true.

That relationship is very transactional. It's very -- they feed off of each other.

It's a very emotive moment when you attend a rally. Because he has a way of talking at a rally. That you believe that you are seeing.

And he said, and I never turn my head away.

I never turn my head away.

Why did I turn my head away?

I don't remember consciously thinking about turning my head away. And then he says to me, that was God, wasn't it?

Yes, sir. It was. It was God.

And he said, that's -- that's why I have a new purpose.

And so, Glenn. I think it's important, when you look at the breadth of what has happened, since he was sworn in.

You see that purpose, every day.

He doesn't let up.

He continues going.

And it brings back to the beginning of the book.

Where you find out, that there was another president that was shot at in Butler.

And that was George Washington. And how different the country would have been, had he died in that moment.

And now think about how different the country would be, had President Trump died in that moment. There would be --

GLENN: We're talking to -- we're talking to Salena Zito. About her new book called Butler. The assassination attempt on President Trump. And it is riveting.

And, you know, it is so good. I wish the press would read it. Because it really explains who we are, who Trump supporters are. Who are, you know, red staters. It is so good at that. She's the best at that.