WEBVTT

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And the Great American let's continuing out
tonight. The Twinkies are in town.

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They're in first place in their division
in the AL, but they're going to

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play the Reds. Eleven games remain
at three with the Twinkies and this weekend

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three with the Pirates, and on
the road at Cleveland at Saint Louis.

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Just for fun, the Cardinals owner
tried to beat up on the Reds half

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a game out of first place,
but until then several days ago, Someday

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last week, Judge Jennifer Branch,
who worked for many years in the ACLU

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now on the bench, issued a
ruling that the city of Cincinnati can pass

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its own own gun legislation. The
Second Amendment in a sense normally interpreted by

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federal courts has been overtaken now by
the city of Cincinnati that wants to pass

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its own gun control measures of one
type or another. And this isn't a

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climate where the State of Ohio passed
the law saying that local municipalities cannot pass

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their own laws about the Second Amendment
to the US Constitution. Joonan and of

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course mayor f to have puer of
all and others haro at this ruling of

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Judge Jennifer Branch, which might be
different than the one issued by Judge Melba

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Marsh in a different case a few
months earlier. So I wanted to sort

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things out as to whether or not
city council can affect your Second Amendment rights.

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Joining you and I now as James
Bogan, James Bogan, welcome again

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to the Bill Cunningham Show. And
first of all, can you inform Tony

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Bender as to what Judge Jennifer Branch
did and whether the City of Cincinnati can

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pass Second Amendment legislation through a city
council which is guaranteed to each of us

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by the US Constitution. Yes,
Judge Branch ruled that Ohio. She issued

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a preliminary injunction barring the State of
Ohio from using the Fire and Uniformity Law

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to block Cincinnati from regulating guns,
finding that the state law violate the city's

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home rule authority. And the thing
about that is, Judge Marsh just a

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couple of weeks ago, within the
last couple of weeks, Head declared the

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city Municipal Code that for weapons of
penances void in its entirety with a permanent

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injunction. And she also enjoyed the
city from enforcing since that Municipal Code nine

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fifteen three, which was the safe
storage provision, and so the city cannot

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enforce Municipal Code nine fifteen But yes, I guess under Judge Branch's ruling they

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could pass more laws. So are
the two judges both on Commonplace Court have

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decisions in conflict, one with the
other. Yeah, And there's no doubt

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that this is going to reach the
Ohio Supreme Court. The Ohio Supreme Court

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has twice held that firearms uniformity laws
constitusally preempts local ordinances in that and I

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mean basically there's been litigation about this
law ever from blue cities, ever since

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it was enacted. It's basically like
a six year old asking the same thing

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over and over like in a grown
up saying what part of no don't you

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understand? So, James Bogan in
this case, there's hundreds of cities in

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the state of Ohio. So if
Judge Branch is correct, you would have

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hundreds of Ohio cities having their own
gun protection Second Amendment laws in a sense,

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violating state law and violating federal law. Wouldn't that be chaos if you

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had each city passing their own rules
and regulations about guns. Absolutely, the

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whole purpose of the Ohio Firearm Uniformity
Law is so that law abiding gun owners

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do not face a confusing patchwork of
licensing requirements, possession restrictions, and criminal

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penalty as they travel from city to
city. Like if you go from Batavia

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or Levin into Cincinnati or Columbus,
you don't want to say, Okay,

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what laws do I have to follow? Now? Oh wait, this was

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good here, but oh it's I'm
getting arrested here. So you're saying that

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once it gets the real judges and
their highs or brain court, they're going

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to strike down what Judge Branch did. Is that your guess? Yeah?

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I mean the Judge Branch had said
in her opinion at over thirty pages that

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the amended versions of the law that
have been made in the last few years,

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which are really just minor changes from
what I can see, warranted gave

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her the authority to revisit it,
and her opinion really cite a whole lot

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of crime statistics and such other things. In my opinion, is really something

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for the legislature to address. I
mean, I found, I found Judge

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Branch would be very thoughtful on criminal
cases when I was in front of her,

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But in this case here, I
think it directly conflicts with the Ohio

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Supreme Court case law and the first
amendment for the firing Uniformy law just clarified

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they can't make any rule, ordinance, or regulation, practice resolution, or

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other action, nor any threat of
citation, prosecution, or other legal process

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if it amounts the further license,
permission, restriction, delay, or process

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that conflicts with state or federal law. And then another small amendment that was

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made to add knives to it knives
too, So if you have a stake

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knife that the home rule aspect of
the City of Cincinnati, according to Judge

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Branch, wouldn't allow them to legislate
or not. Actually no, that was

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just from the firing Uniformity law.
Knives were covered by it. And so

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in this case, she said that
the City of Cincinnati City Council that passed

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the law about the storage of firearms
and about extra penalties for someone on DV

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domestic violence that hurts somebody then carries
a gun has different aspects than state law

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or federal law. And the US
Supreme Court ruled many many years ago that

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the ability of someone to defend themselves
is a personal right, and that you

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would think that the decision by the
US Supreme Court would trump the decision of

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Jennifer Branch, correct exactly, and
in the Bruin case. They further added

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that the constitutional right to bear arms
is not a second class right subject to

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an entirely different body of rules other
than from other Bill of Rights guarantees.

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Okay, So at this point,
if you live in the City of Cincinnati,

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do you follow what Judge Marsh said, or what Judge Branch said,

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or what the Ohio legislature said,
or the Ohio Supreme Court said, or

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the US Supreme Court said in the
Heller case about ten twelve years ago,

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which law do you follow or try
to follow? Well, Judge Marsh had

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declared the City Municipal Code Weapons Offenses
segment completely void in its entirety. So

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I think if Cincinnati tried to prosecute
under City Municipal Code nine fifteen under any

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of its provisions, that would get
reversed on appeal. And I think ultimately

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this is I think if the Ohio
Supreme Court follows its case law, I

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think this will get struck down.
In fact, after pure of all.

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The mayor had a news conference in
which she said, he's confident that Justice

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Joe, Justice Joe Dieters understand the
evil of guns being used for wrongful purposes,

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and he's confident that Justice Joseph Dieters
and Columbus is going to find this

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institutional. But by doing so,
he'd be overruling other aspects of his own

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court who ruled on a similar case
many years ago, correct, which is

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unlikely Joe Dieters would do that correct, And anyone with Joe Dieters experience,

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Justice Joe Dieters experience would know that
passing more laws doesn't solve anything if,

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in fact, guns do nothing until
a wrongdoer picks them up to commit some

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criminal act by themselves. Guns sit
there as inanimate metal objects, incapable of

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doing anything. I'm always amused when
the media talks about gun violence as if

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guns commit violent acts. Persons use
guns to commit violent acts, and you

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punish the perpetrator, not some metal
object. And so I can't imagine this

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is going to fly either on the
First District Court of Appeals, which has

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by the way, become liberal as
opposed to the High Supreme Court, which

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remains to be conservative, much less
federal court. So you anticipate that down

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the road this will be met with
some scrutiny. Who's going to appeal this?

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Do you have any idea, because
someone's got to bring a case.

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Well, in this Judge Branch's opinion
will be appealed by the Ohio Attorney General's

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Office or good friend Dave Yost,
and the other case by Judge Marsh would

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be appealed by the city. So
you think either way it's going to get

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eventually get to the Ohio Supreme Court
within the next six months to a year.

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Yeah. And you know, just
back what you said. With the

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media making all that stuff about gun
violence, when will we they talk?

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Makes you wonder how anyone would get
out of a gun show or a gun

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store alive. Well, basically I
had this topic on last night. That

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is that the governor of New Mexico, Governor Grissom, has taken away the

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ability of a legal person with a
concealed carry permit to carry a handgun,

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either secreted or publicly because there have
been too many murders and al Sburquerque.

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So the Sheriff of Albuquerque came out
and said, we can't enforce that law

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because the judge in this case,
the governor cannot by gubernatorial order take away

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a person's right to defend themselves,
and so she take away other consercial rights

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either. I mean, what conscial
right are they going on takeaway this week

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because of an emergency if you want
to go down that road. And even

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liberals have said you can't do that, because I can't imagine some citizen when

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thirty percent of the police department in
Albuquerquey has resigned after the George Floyd protests

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and riots. The cops aren't being
cops anymore because they cannot be cops.

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And so a person's got to defend
themselves. And in Heller, it's a

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personal right. It's like telling somebody
we're having an emergency, you can't go

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to church. You might recall it
with COVID nineteen, Governor Bashir put armed

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Kentucky agents into the driveways of churches
to keep people out of church. That

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didn't fly either, because that's a
fundamental right to practice your religion. But

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yeah, our good friend Chris West
filed that lawsuit and was successful with it

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in northern Kentucky. And Tony Bender
lives in Boone County. He was outraged

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he couldn't carry his gun at church
and so anyway we got to run.

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But once again, James Bogan,
you're the expert in these matters, and

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thank you for coming on the Bill
Cunningham Show. Thank you, thank you

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always a privilege, Bill, James
Bogan, criminal defense Attorney and Moore,

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let's continue. News is next in
your thoughts at five point three seven four

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nine, seven thousand, and the
great segment Dennison is coming up in the

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Studge Report on News Radio seven hundred
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super computer, the charm of Diensis
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Pup Mike McConnelly Shore as you start
your day informed zoos and happy as a

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clam. That makes me feel good, one of those really big suckers.

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Let's off feel good together, Mike. Make sure you get the latest news,

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weather, traffic, sports and his
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healthy dose of fu d Let Mike
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