2A Logjam At The 9th Circuit! What's Up? - Interview With Chuck Michel

[@TheRealGunGuyTV]

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[@Whitpusmc]

Judge B is a national treasure and those who are attacking him are garbage.

[@jJ-lz2mk]

Judge Benitez is awesome

[@JT-fo1uw]

"Saint" Benitez

[@christopherarnett2851]

Thank you Judge Benitez.

[@stevo5459]

Chuck Michel is a true patriot. Sending him donations is the right thing to do. It’s as good as getting on the battlefield. (All metaphorically speaking )

[@jadenephrite]

Judge Roger Thomas Benitez is also known as Saint Benitez.

[@pinetreesquad]

Joel, great interview. We appreciate the content and education you’re put out here for everyone. Be safe brother.

[@tomiedotson1050]

Cities, County's or states DO NOT HAVE the authority to pass any laws or ordinances that come into conflict or opposes the U.S. Constitution. That includes the second amendment. This is one of the first things I learned in the Police Academy. After over 30 years in law enforcement, this still holds true. IF, a law enforcement officer violates a citizens rights that officer faces arrest and if found guilty, faces prison. My question is. why has no senator, mayor, or any other government official been arrested? The only way any part of the second amendment can be change is by another amendment. Example: prohibition had to have another amendment passed to cancel the prohibition amendment.

[@William-Bill-Munny]

Activist judges and those who donated to their campaigns is a protection racket by design. The modern liberal tweaked version of the Mafia.

[@Hiflier35thCAG]

Your absolutely right Tomie. Marbury v. Madison, 5 U.S. 137 (1803), Norton v. Shelby County, 118 U.S. 425 (1885) both define an unConstitutional law as null and void from the get go, as if it had never been written. Under federal law, 18 USC 242, it is illegal for anyone under the color of law to deprive any person of the rights, privileges or immunities secured by the U.S. Constitution, and under 18 USC 241 it is illegal to conspire to violate such rights. It is a felony punishable by up to 10 years in prison. This could be applied to local, state, or federal law enforcement or military personnel who abuse the rights of citizens. Every state has a similar law

[@Eddy-gc2vx]

Ya retired leo That I beleve that is callrf aacging under (color of the law) Can't do THAT Good call.

[@jonmarchilgers384]

Joel, home run Sir. Well done.

[@breakerprepper]

Like always amazing🎙interview

[@boogerdog5247]

How can there be Rule of Law, when politics dominates those interpreting the law?

[@maxmccain8950]

How very true my friend. Well said.

[@Dont_Tread_On_Me]

The people need to stop letting politicians divide us, and unite to get rid of them and clean the system up. We need to return to our founding principles of liberty and limited government, and swiftly dispatching tyrants.

[@chestersnapdragonmcphistic579]

The question is ironically one of the reasons for the 2nd Amendment

[@EROCK1966]

Thank you for all your extremely important work.Have a blessed day /life...

[@Libertarian_Neighbor]

This man is a National treasure. Thank you Mr. Michel for your patriotism and dedication to the people of California and the people of the United States.

[@stinger4583]

Thank you, Mr. Michel, and you too Joel. The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law that violates the Constitution to be valid. This is succinctly stated as follows: "All laws which are repugnant to the Constitution are null and void" Marbury vs. Madison 5 US (2 Cranch) 137, 174, 176, (1803).

[@troy9er]

Great report! Thanks for keeping updated.👍🏻

[@musclesmouse]

If jams are in place, all laws should be stayed and 2nd Amendment is law of land until decision is made.

[@oldager1662]

Great interview!

[@southeastoriginal5668]

Great very informative interview!!! I now understand everything from good outcome to bad and way to expect form almost every angle

[@kentpublic]

Way to go! Very informative.

[@texasviking3560]

2A U.S.A!!!!!

[@VeeVets]

The number one job of Judges and Politicians is protect our rights not infringe upon them.

[@derek3154]

Rights shouldn’t need protection though, that’s the saddest part

[@sweetdrahthaar7951]

They need to be reminded of that each and every day. There are tens of millions of us that are pissed off. We need to get off our butts and peacefully protest in numbers that terrify our corrupt government.

[@danjohnson4819]

Judge Benitez ruling was the best 94 pages I have ever read

[@jimd8008]

Thank you again

[@jamesdr4256]

I always learn something from your discussions with pro-2A lawyers. Again, Thank you

[@kevos823]

Thank you Gentlemen!!

[@tuomasholo]

Chuck is a rock star who stands for our constitutional rights.

[@anthonycagle8619]

We need to get more judges in there to keep our Second Amendment rights and this judge is fighting against cannafornia he is a good judge and we need more judges like that for our Second Amendment rights God Bless America and should we never be friends or pond

[@TheMicroTrak]

..."Justice Benitez"... It might have just been a Freudian slip, but I like it!

[@johndenham9999]

Good job. Thanks

[@ronhunt9396]

SO HAPPY TO HEAR WHAT THE JUDGE IN CALIFORNIA DID

[@ronborunda9066]

I certainly hope that these Constitutionally Protected Justices remember their Oath to their Offices. Right, Wrong or Indifferent the Second Amendment is a CONSTITUTIONAL RIGHT.

[@Ed-ip2sg]

It’s sad to say that many of our judges are subverted and put politics and personal opinion ahead of law. We may want to look at money that may be involved also…

[@micbaeloppenheimer7752]

I just want to say thank you to judge Benito I understand the tyranny as well, Mayan family was nearly wiped out by the Nazis in death camps, only six members of my family made it to America the rest all died in the death camps !!

[@chrisbryant8710]

Lions and wolves lose no sleep worrying about the intentions of goats and sheep!

[@adrianwilson4197]

When you speak the truth, they hate on you. He struck a lot of nerves.

[@mr.p960]

We need a National initiative that these deadman machines are band in all fifty States

[@eidtnaci]

Two counties in Nevada just passed constitutional carry

[@stevenpierce9160]

I believe you sir amen

[@rfjohns1]

The underlying assumption in all this is that the courts can redefine the Constitution and We the People will just have to accept that.

[@derek3154]

Uh…no, people need to get FN organization and stand up to these tyrants.

[@rfjohns1]

@@derek3154 the way it's currently structured, the judges legally have the final say. I don't know where it says in the Constitution the judges have the power to redefine the Bill of Rights and the People are expected to just bend over an accept that

[@derek3154]

@@rfjohns1 people don’t have to accept anything, they need reminded that they work for us!!

[@BigTomInTheBasement]

@@rfjohns1 that's what the 2A is for. We the people are the final layer of government for a reason. These judgments and laws are the reason why people emptied gun stores for months on end.

[@joddyleaks8272]

Aren't politicians in violation of their oath by merely introducing anti 2 Ammendment legislation???

[@BigTomInTheBasement]

They voted in laws that make them immune for writing and passing bad laws.

[@kevos823]

I don't know if it was stated in the conversation but I wanted to ask a hypothetical. Say the en banc panel for Ducan sides with the two lower decisions wouldn't Benitez's order take effect since there is no guarantee of Supreme Court review?

[@finngamesknudson1457]

They would probably issue a six month stay for SCOTUS to decide on cert. Than is SCOTUS takes it, stay would be extended pending final ruling.

[@filomenagonzales5971]

So (as usual) it's a 'wait and hope' game. At this rate, some of us will grown old waiting (perhaps vainly) for the restoration of the RTKBA in California (and other liberal enclaves).

[@Libertarian_Neighbor]

Assuming that the Duncan case is overturned by the En Banc Panel, the precedents for all the subsequent cases are changed and SCOTUS then rules that 2nd Amendment cases must have a high standard of review, what will happen to these 9th Circuit cases after the fact?

[@dufresne71]

I have a friend in New Hampshire that had a case of his selling of butterfly knives and brass knuckles were confiscated then returned and refunded when the Salem NH police were ordered to return all items back to my friend.

[@CharlieFlank]

This is a grate video

[@bigguns3131]

Thumbs up..!

[@johnnybbgunner2136]

What takes them all so long? Why do they not act quickly to stop this abuse of our rights?

[@BigTomInTheBasement]

They are quick to take rights but will not give them back.

[@JohnSmith-cw4ve]

Isn't this why judges have life tenure So they can be immune from this type of harassment.

[@Politicallyhomeless957]

Five star content ⭐️⭐️⭐️⭐️⭐️

[@harryparker9452]

Too bad no case regarding California Mass or NY Gun Roster. I like to see all the Roster laws deemed Unconstitutional.

[@floydbraido2426]

Me too. 😢

[@BigTomInTheBasement]

I think the FPC is working on that. Once the new rules kick in, they will fight the laws that limit which firearms are allowed.

[@gunsquawk4443]

Good ruling, but I betcha they find a way around it, and nothing changes!

[@derek3154]

The house always wins

[@aboringsandwich]

Wait? You can't have nunchuku in a dojo in CA?

[@seancastle5971]

We need to be clear that all arms are covered under the 2nd amendment. Because and for example: here in California it is illegal to have a pipe or a baseball bat or club beside your bed for self defence. While most municipalities here in California aren't prosecuting such violations It doesn't mean that they can't and that's a huge problem. These non firearm 2nd amendment cases that are being brought by smaller unaffiliated attorneys need to be backed up by we the people.

[@TheRealGunGuyTV]

Hi Sean. Just to be clear, both Chuck and I are in agreement that all arms are covered by the 2A. The point he was making is that some litigation is designed to set legal precedent. Since most 2A jurist prudence has yet to be established, it is of the utmost importance that we focus on setting legal precedents that establish the wide breadth and deep depth of our 2A protected rights before we prosecute cases that risk establishing bad case law that has the effect of defining the right two narrowly and shallowly. The billy club case that Chuck referred to is one that has the potential to do us more harm than good. Let me clear, the case SHOULD be litigated. However, it needs to be litigated in its property time AFTER precedents have been set that establish the right's wide and deep limits. In that way the case would have a greater chance of success and much less a chance of setting bad precedents. I hope this helps.

[@seancastle5971]

@@TheRealGunGuyTV Thank you for your response. I feel I fully understand your point. Not being aware of the particulars of this Billy club case he described, I assume a plausible scenario where the litigant needs this case to be resolved. I'm sure you're aware that if someone is charged with possession of a prohibited weapon, that could have serious implications for his/her future. Defense attorneys have an obligation to provide the best defense for their clients and often can't choose the most convenient time for other cases. What would that even look like? "Sorry, while I agree with your argument that you have the right, this simply isn't a good time because their are bigger cases coming. So sit in Jail or loose employment opportunities ect. For the greater good. Have a nice day." Sort of a minor point here; however, I'm unaware of any martial arts dojo that is prohibited from using traditional martial arts wepons within the walls of the business. I personally think that because these cases exist and can relate to non firearm owners that we could use this opportunity to create solidarity. For decades I have had people tell me "You don't need a gun just keep a bat handy that should be good enough" to which I say if you use a baseball bat for self defense you had better have a ball and glove close and better yet be on a soft ball team. We are going to need to win the battle of public opinion as well as cases. None of what I am saying is meant to divide, rather to unite and bring more people to the freedom side.

[@TheRealGunGuyTV]

Sean. I understand your point. Of course, if the case is a criminal case, the situation is quite different. However, you are no doubt aware of the fact that none of the 2A firearms cases currently before the 9th Circuit are criminal cases. At least none that I am aware of. They are all civil cases presented on the part of individuals and organizations who filed suit claiming (rightly) that their rights have been infringed by specific laws. Chuck's point was directed at civil litigation, not criminal cases in which someone is relying upon the second amendment as a means of defense against criminal prosecution. Criminal and civil cases are as different as chalk and cheese. Civil litigation (law suits) should be planned strategically so as to set precedents that later cases can rely upon. If they are not planned strategically, the results can set precedents that harm future second amendment cases. For example: it would be better to file a well funded suit against the California assault weapons ban and follow it to its conclusion in an effort to broaden the scope of the second amendment's legal protections, then to attempt a poorly funded suit against California billy club restrictions that may serve to narrow the protections of the second amendment by establishing poor case law precedents. The billy club law suit can be filed at a later date after winning better funded and better argued firearms cases. Winning the firearms cases first would so broadened the right that winning a billy club law suit would be child's play. Obviously, criminal cases do not have the luxury of being planned in such a way. Consequently, it is important not to conflate the two. Chuck was referring to civil cases only. He was not referring to criminal cases in which the freedom of a defendant stands in the balance.

[@eidtnaci]

Bright and early

[@randyemenhiser2573]

Saint Benitez's decisions are legal poetry

[@ronhunt9396]

I was drafted in the army in 68 - 70 . If I remember correctly the 2nd amendment was part of the constitution when I was swore in

[@juliemunoz2762]

so we need to put pressure on the judges

[@BooDamnHoo]

Judge Benitez for Chief Justice of the Supreme Court.

[@mikeks8181]

On the reason of accuracy? Let's outlaw shooting a Firearm wearing prescription glasses, no more rifled muzzleloader, no more compound bows for hunting and sports,no sights and scopes! How about issuing blindfolded along with the locks that come with every firearm. All knives are only butter spreaders. Thank you both for helping the 2ND!

[@jsun879]

Judge Roger Thomas Benitez for California governor

[@jimmyjohn6606]

If your rights mean as much to you as your life then give them both when they come

[@davidgreve1081]

Another reason to kick Newsum out of Office and make sure of NO ability to return to Any open position of Authority. He is UNFIT for any office including wiping toilets.

[@vmark78]

How do you (as a judge) state in confirmation hearings that you support and defend the constitution then allow your own ideologies and beliefs to influence how you rule in cases involving amendments. I say if you want to limit the 2nd amendment then modify it and while you're at it let's take a look at the 1st amendment and lets modify that one too. An amendment is an amendment and as such should be upheld regardless of political affiliation or beliefs.

[@BigTomInTheBasement]

When one is being placed into political or other governmental office specifically to subvert the existing institutions, then one will utter the oath but not actually uphold it.

[@2000freefuel]

TL;DR the "94" pages in the ruling is an EPIC troll!

[@la8bloomer509]

If they are in fact ideologically against the 2nd amendment they should be removed from the bench as they are not supporting and defending the constitution in its ENTIRETY. It is their job to take the constitution and rule on it as it is written. If the Antigun movement doesn't like the 2nd amendment, then amend the Constitution to change it. ANYTHING ELSE is UNCONSTITUTIONAL.

[@shwngbr]

"Shall not infringe".

[@regaininglife9084]

Hopefully the judges in the 9th circuit have the balls to reject the appeal.

[@thanakislupusthesaltywolve7208]

The more he gets attached the harder he will fight

[@DrDoom-uu3cj]

Isn't any law made against the constitutional amendments supposed to be "null and void" ? Also what part of: "shall not be infringed" don't these supposedly smart judges understand?

[@Hiflier35thCAG]

Marbury vs Madison. Your are correct Dr.

[@William-Bill-Munny]

Ask any Cuban-American who actually lived in Cuba during the growth of Castro and you will see how clearly they understand liberals vision of our submission.

[@3DLasers]

Agent Provocateur' Tactics Seen at Jan 6 US Capitol Protest-Interview With Michael Yon | Crossroads

[@RJ-TRB19]

How about we just clear up the 2A cases once and for all with knives, firearms, martial art weapons, instead of waiting years for a case and having to donate millions of dollars to lawsuits. You're telling me that we can't argue it all under any of the cases selected? They recognize open carry we already know they create a tax, strict concealed carry permits requirements to deter applicants, restrict most areas, and so on. Get it done and get as much done as possible. Keep and bear arms covers all self defense items.

[@bartknies7717]

It is way to difficult for the ninth circuit court to actually do the job they were hired to do that is why they have the most over turned rulings by the supreme court

[@joeren8948]

Hope Saint Benitez sticks around for at least another four years, retiring after the next presidential election.

[@ronhunt9396]

If any judge does not agree with the any part of the constitution should not be allowed to be a judge or politician

[@BirdieMac]

Newsom is gonna be out soon. Byyyyye.

[@jpjp3873]

But who's taking his spot? They may just install their next dictator.

[@stevengrammont44]

Should be simple ...... TOSS EVERY 2A case out ! SHALL NOT BE INFRINGED

[@geraldf.1222]

June 12, 2021

[@estebanwedontneednostinkin9969]

MINT👌

[@mrfunkington]

Tell the guy with the nun-chucks his case isnt important. Everyone's case is important to those who file and want an answer. Not Chuck's place to say which is and which isnt important.

[@TheRealGunGuyTV]

That is not at all what Chuck was saying. First, he was referring to civil cases (law suits) only. He was not referring to criminal cases. The point he was making is that some litigation is designed to set legal precedent. Since most 2A jurist prudence has yet to be established, it is of the utmost importance that we focus on setting legal precedents that establish the wide breadth and deep depth of our 2A protected rights before we file law suits that risk establishing bad case law that has the effect of defining the right two narrowly and shallowly. The billy club case that Chuck referred to is one that has the potential to do us more harm than good. Let me be clear, the case SHOULD be litigated. However, it needs to be litigated in its property time AFTER precedents have been set that establish the right's wide and deep limits. In that way the billy club case would have a greater chance of success and much less a chance of setting bad precedents. Once again, I am referring to law suits only. I hope this helps.

[@garrett4971]

If Trump gets reelected in 2024, he should nominate Judge Benitez for the SCOTUS if there is a vacancy.

[@BillysWild]

So were are we at? I want to buy an AR-15 in California.

[@ronhunt9396]

If they want to restrict the 2nd amendment, why dont we push against the 1rst amendment?

[@juliemunoz2762]

so we should get behind those underfunded people and help them. Arm does not mean only firearms

[@boogerdog5247]

" Black Betty" bam-a-lam...

[@harrydietrich5605]

No No No No, 2nd Amendment!!!

[@rushimfamilyrushin8679]

As California Goes; So goes the rest of the Country. Seriously sticking it to the man or creepy state loose screws🤣🤣🤣🤣🤣

[@m.loughlin1915]

I from L.A. Calif. Moved out years ago. "As California goes, so goes the nation" hasn't been true for years. Most people know what a sick joke California has become.

[@bumpercoach]

ditch the "you are responsible for every round" nonsense... sure 2A people tend to be all about accountability but the foundational legal doctrine is SINE QUA NON so without the bad guys crime you dont shoot at all much less fire any rounds that end up doing unintended damage

[@ritathomas3926]

We can only hope the Gungrabbers don't pack the Supreme Court with the Brady Bunch bootlickers

[@StanlocoInc]

The left cracks me up and makes me wanna scream at the same time. They cry and complain not enough Americans with guns have enough training to be accurate to make sure they don’t shoot someone by mistake, but in the same breath turn and say they don’t want us having accurate firearms because they are so accurate that they don’t require Americans to have loads of training. Dee dah dee! Not everyone can afford to train all day, every day. But they should still train as often as they can. Dry fire laser systems help some in that area. They don’t make up for real world training with recoil and adrenaline, but they help keep your muscle memory intact.

[@Bitterstone3849]

Infringed. I want them all to stand up in front of we the people with dictionary in hand and read the definition of the word INFRINGE Out Loud.

[@daver2492]

KYGABM

[@dwightlooi]

All they have to do is declare the 2nd Amendment a "normal" constitutional right on which only STRICT SCRUTINY SHALL APPLE. End of story.

[@finngamesknudson1457]

Already done under SCOTUS rulings.

[@dwightlooi]

@@finngamesknudson1457 Actually, no. The entire history of 2A rulings from SCOTUS has been one (exclusively) of intermediate scrutiny.

[@ritathomas3926]

Anti - Gun Judges in the Californistan 9th circuit court

[@ffarmchicken]

Where is the NRA?

[@noway05guinness61]

Love this channel. CANNOT listen to uh, this uh uh uh guy stutter uh, uh, through his uh uh whole uh uh uh thirty uh minutes uhuhuh...

[@juliemunoz2762]

what we need is mass noncompliance. your weak stance on this is half the problem

[@michaelbrininstool4515]

Man, get to the point!

[@GrahamQuigley]

So much talk, not much substance.