WEBVTT 00:00:15.574 --> 00:00:16.663 And welcome to the Concealed Carry 00:00:16.663 --> 00:00:21.205 Podcast, part of the ConcealedCarry.com network, brought to you by HK. 00:00:22.180 --> 00:00:29.076 Today is Wednesday, July 1st, 2026, as of the recording of this live episode. 00:00:30.104 --> 00:00:34.695 And I am your host, Riley Bowman, joined today by co-host Jacob Paulson. 00:00:35.978 --> 00:00:40.843 I'm here, feeling it, feeling the season 14. I'm feeling the, 00:00:41.510 --> 00:00:44.558 I don't know, just like the seriousness, importance of this episode. 00:00:44.872 --> 00:00:49.963 Yeah for sure uh and our apologies to you listeners uh we could have wrapped 00:00:49.963 --> 00:00:54.783 up season 13 in a little more you know like meaningful way like hey by the way 00:00:54.783 --> 00:00:56.534 this is the end of season 13, 00:00:57.434 --> 00:01:00.513 uh but now you know now now that one ended this isn't. 00:01:00.513 --> 00:01:01.543 Daytime tv really 00:01:01.983 --> 00:01:04.123 Now we are beginning number 14 we. 00:01:04.123 --> 00:01:05.164 Don't need a cliffhanger 00:01:05.512 --> 00:01:12.343 Yeah we do every episode should be a cliffhanger we've got to get the people to come back for more um, 00:01:14.696 --> 00:01:21.363 today is a really special episode because we're gonna go back to our roots and 00:01:21.363 --> 00:01:27.003 in some respects with regard to the podcast our very first year of the podcast our first, 00:01:27.972 --> 00:01:34.323 independence day episode we did a pretty you know thorough look at the events 00:01:34.323 --> 00:01:40.360 leading up to uh lexington and concord specifically gun control that the Brits, that the, 00:01:40.964 --> 00:01:45.068 British Navy and Army were trying to exact upon, 00:01:46.769 --> 00:01:47.773 the Colonials. 00:01:48.394 --> 00:01:52.703 And that was a fun time. And we replayed that episode for you last week. 00:01:52.703 --> 00:01:53.700 Well, it actually just went... 00:01:54.791 --> 00:01:55.747 Oh, it just published this week. 00:01:55.747 --> 00:01:56.247 Yeah, it did. 00:01:56.247 --> 00:01:58.537 Yeah, like on two days ago, I think, or something like that. 00:01:58.537 --> 00:02:02.527 Yeah. So that just went live. And so we hope you enjoyed that. 00:02:02.527 --> 00:02:06.226 That's a little bit more of an in-depth look at those specific events. 00:02:06.684 --> 00:02:10.867 But what we're doing in this special episode in our 10th, now I guess you could 00:02:10.867 --> 00:02:15.345 say our 11th year of the podcast, because we are in the 11th year, 00:02:16.953 --> 00:02:22.886 and now approaching not just annual Independence Day, but a big one. 00:02:23.333 --> 00:02:23.913 The big one. 00:02:24.302 --> 00:02:31.367 Yeah, this is the 250th anniversary of what we deem the founding of our nation, 00:02:31.367 --> 00:02:35.320 the Declaration of Independence, our breakaway officially, 00:02:37.617 --> 00:02:39.347 from the Brits, from England. 00:02:39.347 --> 00:02:39.947 Yeah, it's heavy. 00:02:40.191 --> 00:02:45.487 Yeah, super heavy. It's a big deal. It's a big, big deal. And so today we're 00:02:45.487 --> 00:02:48.010 going to go back through history with you. 00:02:48.617 --> 00:02:54.337 Our hope is that we can share with you the story, the evolution of what led 00:02:54.337 --> 00:03:00.447 us up to and including and beyond the establishment, the recognition through 00:03:00.447 --> 00:03:02.549 a formal document of the right, 00:03:03.025 --> 00:03:04.564 to keep and bear arms, 00:03:05.917 --> 00:03:12.656 which is a big part of that is a right to personal and self and community and, 00:03:13.167 --> 00:03:14.914 defensive country as well. 00:03:17.166 --> 00:03:23.041 And we're gonna go really far back we're gonna go all the way back to the 1300s even. 00:03:23.407 --> 00:03:26.277 But we're also going to come all the way forward exactly now we're gonna talk 00:03:26.277 --> 00:03:32.347 about major federal gun laws and Supreme Court decisions that have continued 00:03:32.347 --> 00:03:34.749 to shape and define what Second Amendment means for us today 00:03:34.883 --> 00:03:38.267 Yeah so this is really important we hope I mean it's going to be, 00:03:39.721 --> 00:03:43.721 I don't know. I hope we can make it interesting. I know that some people are 00:03:43.721 --> 00:03:46.070 like, oh, a history lesson? Tune out now. 00:03:47.081 --> 00:03:52.456 But we hope that you'll stick with us and listen and learn along with us about, 00:03:53.192 --> 00:03:56.564 all this very significant historical context. 00:03:57.061 --> 00:04:03.768 Because I think it's super important to us as Second Amendment believing Americans, 00:04:05.127 --> 00:04:09.132 to understand more about it and how it came to be and what it means. 00:04:09.335 --> 00:04:14.601 And understand, especially in the modern era with things like the Bruin Decision, 00:04:15.442 --> 00:04:21.375 back in 2022, that has created this new framework. 00:04:24.997 --> 00:04:33.240 Part of that framework is looking at the historical context and what it means, the Second Amendment. 00:04:34.061 --> 00:04:38.743 And so I think the better we can understand the historical context, 00:04:39.283 --> 00:04:43.486 then the better informed we'll be as gun-toting Americans. 00:04:44.241 --> 00:04:50.110 And so nothing more appropriate to discuss this as we honor the creation of this nation. 00:04:51.658 --> 00:04:55.851 Yeah, and I hope that we do it justice because we're not exactly professional 00:04:55.851 --> 00:04:58.752 scholars, but we care and we try. 00:04:58.886 --> 00:05:01.011 That's a fair point. You should get that disclaimer out of the way. 00:05:01.011 --> 00:05:03.564 We are not constitutional law authorities, 00:05:04.701 --> 00:05:08.961 or history authorities or professors or anything like that, just students of 00:05:08.961 --> 00:05:14.571 our own making that it's something we like and are passionate about and have 00:05:14.571 --> 00:05:17.461 done some research on and hope we can share with you what we've learned. 00:05:18.495 --> 00:05:24.468 But first, today's episode is sponsored by our special Happy Birthday America 00:05:24.654 --> 00:05:27.022 sale. Yeah. Why don't you tell them about us? 00:05:27.278 --> 00:05:31.381 It's super awesome. We do two big sales. I mean, we do lots of sales here and 00:05:31.381 --> 00:05:34.951 there, right? But we do two kind of major sales a year. We do the Independence 00:05:34.951 --> 00:05:38.931 Day sale. We call it Happy Birthday America sale. And then we do the Black Friday 00:05:38.931 --> 00:05:40.205 deal like everybody else. 00:05:40.716 --> 00:05:45.204 So our Happy Birthday America sale, this might be like our 8th or 9th or 10th year doing this sale. 00:05:45.709 --> 00:05:49.411 And it is open to the public, but it is certainly intended to particularly reward 00:05:49.411 --> 00:05:50.462 members of Guardian Nation. 00:05:50.833 --> 00:05:54.681 So you can go to concealedcarray.com forward slash HBA to get all the details 00:05:54.681 --> 00:05:56.597 regardless if you are or are not a member. 00:05:56.899 --> 00:06:00.197 Everybody is going to love the sale and save lots of money and get lots of cool stuff. 00:06:00.941 --> 00:06:04.801 But members are particularly rewarded. They get a deeper discount on everything 00:06:04.801 --> 00:06:09.467 like they always do. And they also will receive special vouchers of store credit 00:06:10.007 --> 00:06:11.772 after the sale based on their purchases. 00:06:12.428 --> 00:06:15.638 But here's the big one. and this is what we think is really cool. 00:06:15.940 --> 00:06:17.701 Maybe you'll think it's lame, but I'm pumped about it. 00:06:18.061 --> 00:06:20.479 And that is that this year, during the Happy Birthday America sale, 00:06:20.862 --> 00:06:25.733 everybody who places an order during the sale period will receive a special 00:06:26.069 --> 00:06:28.804 250th anniversary commemorative coin. 00:06:29.105 --> 00:06:32.661 And you can see pictures exactly what this coin looks like and everything just 00:06:32.981 --> 00:06:35.723 by going to concealedcarry.com forward slash HBA. 00:06:36.106 --> 00:06:38.631 But needless to say, it is epic awesome. 00:06:39.026 --> 00:06:43.041 Yeah, it is. I got my hands on it for the first time today, actually. 00:06:43.041 --> 00:06:46.121 Meant to have it with me so I can hold it right up here to the camera, 00:06:46.121 --> 00:06:49.386 those of you that are viewing the podcast as opposed to listening only. 00:06:51.001 --> 00:06:55.940 It's awesome. It is spectacular in first person to be able to hold it. 00:06:56.160 --> 00:06:58.351 First of all, it's a good size coin. It's pretty large. 00:06:58.351 --> 00:07:00.121 It's two and a half inches. Almost two and a half inches. 00:07:00.861 --> 00:07:09.134 It's hefty. It's thick. It's just got beautiful engraving to it showing a lot of the, 00:07:10.566 --> 00:07:12.306 history, like things we're going to talk about today. 00:07:12.306 --> 00:07:16.336 In fact. Yeah, I think of it this way, like that coin, one half of it is like 00:07:16.336 --> 00:07:19.879 America, be awesome, and the other half is sort of like, and guns be part of that. 00:07:20.152 --> 00:07:25.886 Yeah, yeah, yeah. Yeah, and it says on there, you know, what's the phrase? 00:07:25.886 --> 00:07:29.256 Freedom bought with a gun, maintained with a gun. 00:07:29.256 --> 00:07:29.423 Yep. 00:07:29.916 --> 00:07:32.446 Which is kind of the title of today's episode. Freedom bought, 00:07:32.446 --> 00:07:36.070 freedom maintained. 700 years of receipts. 00:07:36.993 --> 00:07:39.446 Okay, we'll be bringing the receipts, and as I mentioned, we're going to go 00:07:39.446 --> 00:07:44.220 back all the way to the 1300s that's where really that's where it's first recognized, 00:07:44.986 --> 00:07:50.496 uh in fact some some key modern day supreme court rulings referenced uh some 00:07:50.496 --> 00:07:53.586 of the earliest history here that we're going to be covering and that's why 00:07:53.586 --> 00:07:56.066 it's relevant to today's discussion but guys don't, 00:07:56.543 --> 00:08:01.686 forget and don't miss it okay the sale the happy birthday america sale starts 00:08:01.686 --> 00:08:05.993 this week starts tomorrow in fact for guardian nation members, 00:08:07.226 --> 00:08:12.367 so july 2nd the sale starts concealed carry.com forward slash hba, 00:08:12.837 --> 00:08:16.826 if you're not already a guardian nation member you can join immediately and 00:08:16.826 --> 00:08:18.387 have access to that sale tomorrow, 00:08:18.851 --> 00:08:21.866 and so you probably want to consider doing that because one you're going to 00:08:21.866 --> 00:08:25.867 save the most uh not only get the extra 10 off of everything that's on sale, 00:08:26.320 --> 00:08:30.714 but you're going to also get that voucher post-sale, you're going to get a voucher, 00:08:31.646 --> 00:08:35.626 where you can basically get another 10% back, which is a big deal. 00:08:35.626 --> 00:08:38.464 You're really saving 35%, if you want to think of it that way. 00:08:40.072 --> 00:08:45.354 It's across the board. You're going to get the super awesome commemorative 250th, 00:08:46.150 --> 00:08:49.383 anniversary america coin that's cool uh, 00:08:50.456 --> 00:08:54.036 so anyway that and again that sale starts tomorrow july 2nd for everybody else 00:08:54.036 --> 00:08:57.136 starts july 3rd and you'll still still save big you'll still qualify for the 00:08:57.136 --> 00:09:01.396 coin and all that awesomeness uh you just won't save quite as much if you don't 00:09:01.396 --> 00:09:02.758 want to be a member of guardian nation, 00:09:03.216 --> 00:09:07.426 but uh the sale starts tomorrow july 2nd for all for guardian members july 3rd 00:09:07.426 --> 00:09:12.436 for everybody else runs through the 5th of july midnight july 5th sale closes Yeah. 00:09:12.436 --> 00:09:13.689 That's mountain time on Sunday. 00:09:13.909 --> 00:09:18.706 Yeah. So concealedcarry.com forward slash H-B-A. And if you want to become a 00:09:18.706 --> 00:09:21.431 member of Guardian Nation, go to guardiannation.com. 00:09:22.401 --> 00:09:23.440 Let's jump into history, Jacob. 00:09:24.618 --> 00:09:30.616 Yeah. Yeah. So English common law is, well, England is kind of a weird place. 00:09:30.616 --> 00:09:33.482 But we start, like you said, in the 1300s. 00:09:33.668 --> 00:09:41.036 And apparently with a concern, because this is a time where there's no guns, but there are weapons. 00:09:41.336 --> 00:09:41.470 Yeah. 00:09:41.842 --> 00:09:47.676 And so there's a concern, apparently, presumably, yeah, that people are intimidating 00:09:47.996 --> 00:09:53.811 or causing some disruption or unrest with their arms. 00:09:53.986 --> 00:09:58.596 Yeah. It could be bows or crossbows or swords, knives. I know it's not. 00:09:59.216 --> 00:10:01.556 It doesn't matter. Okay. It's just referencing arms. 00:10:02.734 --> 00:10:09.306 So this is where this begins, because understand this, that even in the Bruin 00:10:09.306 --> 00:10:11.816 decision of the modern era, 00:10:12.496 --> 00:10:19.696 they referenced this statue, this old English statue from, get this, 1328. 00:10:20.519 --> 00:10:21.285 That's a minute ago. 00:10:21.610 --> 00:10:27.735 That's a minute. We're talking the better part of a millennium. Of millennium. 00:10:29.284 --> 00:10:36.026 The statute of Northampton. Okay. So this was a law that was put in place in 00:10:36.026 --> 00:10:43.710 1328 forbidding people from going about armed to terrify the king's subjects. 00:10:45.134 --> 00:10:48.974 And the reason why this statute was put into place was to make a distinction. 00:10:48.974 --> 00:10:55.224 So essentially there was this presumption already that there was a context that 00:10:55.224 --> 00:10:57.944 people were carrying arms. Yes. 00:10:59.154 --> 00:11:04.924 And that that was permissible. but that this statute was needed to put in a 00:11:04.924 --> 00:11:13.757 clarification that what is illegal is to go about carrying weapons for the purpose of terrifying, 00:11:14.511 --> 00:11:16.961 the king's subjects, the public, in other words. 00:11:18.174 --> 00:11:23.514 And so that law was put into place in 1328 to make that distinction, 00:11:23.514 --> 00:11:29.794 to say, hey, you're packing around your knife or your bow and arrow or whatever. 00:11:30.091 --> 00:11:35.536 That's fine as long as you are not terrifying the king's subjects. 00:11:35.994 --> 00:11:41.811 Unless you're willing to forfeit your armor and your body to the prison of the king's pleasure yeah 00:11:42.854 --> 00:11:46.784 so that was that was apparently the consequence of breaking this one yeah yeah 00:11:46.784 --> 00:11:51.999 and this is a package of laws this whole writing while armed is one kind of section of it 00:11:52.504 --> 00:11:55.284 but you know it would suggest that there's some issue with this you know people 00:11:55.284 --> 00:11:59.974 running around armed terrifying the public or something so we You have to say, 00:11:59.974 --> 00:12:02.320 you can't do that anymore. You got to stop scaring people. 00:12:04.357 --> 00:12:12.217 And so that kind of is, as I mentioned, the first recognition as far as in some kind of law or statute, 00:12:14.539 --> 00:12:22.055 an acknowledgment that there was this inherent right of the people to bear arms. 00:12:22.310 --> 00:12:25.249 Right, right, right. Because, yeah, it's assumed that people just have arms 00:12:25.249 --> 00:12:28.637 and that's just stop intimidating people riding around with them. 00:12:28.881 --> 00:12:32.689 Right. So as long as you're just going about your business, doing your thing, 00:12:32.689 --> 00:12:34.976 not bothering anybody, no issue. 00:12:35.191 --> 00:12:36.561 Or if they're in your home, that's fine. 00:12:36.753 --> 00:12:37.031 Right. 00:12:37.223 --> 00:12:38.559 Yeah. If you're hunting, that's 00:12:38.559 --> 00:12:42.790 probably fine. There's a presumed assumption that you can have them. 00:12:43.080 --> 00:12:46.610 We just need you to stop riding around intimidating people with them. 00:12:47.144 --> 00:12:52.479 So the key here is that the statute of Northampton of 1328 established that 00:12:52.479 --> 00:12:58.639 bearing arms lawfully or legally was never disputed, but only in the manner 00:12:58.639 --> 00:13:01.105 of doing so menacingly. All right. 00:13:01.877 --> 00:13:10.119 So the Bruin case dealt with this by looking at how the statute established 00:13:10.119 --> 00:13:11.147 that historical precedent, 00:13:12.119 --> 00:13:17.404 that acknowledgement that, hey, this exists, the bearing of arms exists, 00:13:17.746 --> 00:13:20.022 essentially is a right, a recognized right. 00:13:20.382 --> 00:13:26.469 There can be limitations. In this case, the limitation in England was don't 00:13:26.469 --> 00:13:30.715 do it menacingly. Don't menace the public. Don't do it to intimidate people. 00:13:31.556 --> 00:13:37.119 You may have your arms for lawful purposes, but as soon as you start creating 00:13:37.119 --> 00:13:40.270 problems for other people, then we got a problem. All right. 00:13:40.618 --> 00:13:45.509 Yeah, you just set up the critical point here, so I'll just reiterate that this 00:13:45.509 --> 00:13:49.529 established that there's a right, but there are circumstances in which that 00:13:49.529 --> 00:13:50.307 right could be restricted. 00:13:52.169 --> 00:13:55.939 We see that across the board with almost all the other rights, 00:13:57.599 --> 00:14:00.232 including in the Bill of Rights, so the freedom of speech, for instance, 00:14:01.439 --> 00:14:05.044 and right to assemble and worship peaceably. 00:14:06.019 --> 00:14:10.431 All those things can be done, but there are times and places and instances where, 00:14:12.334 --> 00:14:16.909 we don't want to be infringing upon other people's rights or causing problems 00:14:16.909 --> 00:14:19.539 like running into movie theaters and yelling fire. 00:14:19.999 --> 00:14:23.834 That causes a problem. right okay so, 00:14:24.966 --> 00:14:30.196 that's what's interesting is realizing that there was a standard created 700 00:14:30.556 --> 00:14:34.765 ish years ago it's just under 700 years 698 years to be precise, 00:14:35.310 --> 00:14:42.209 that acknowledged the bearing and keeping of arms but with some recognized limitations 00:14:42.209 --> 00:14:43.902 such as don't terrify people, 00:14:44.784 --> 00:14:48.156 now it wouldn't surprise me at all jacob knowing how uh, 00:14:49.975 --> 00:14:55.663 kings work kings and queens uh that things like this could also be used whenever 00:14:55.663 --> 00:15:01.440 it was convenient or if they could say sure hey you're terrifying people, 00:15:01.945 --> 00:15:06.716 like whether you actually are not you know if the king says so it gives them a way to, 00:15:07.262 --> 00:15:09.583 hey i take i'm taking your weapons from you kind of it's. 00:15:09.583 --> 00:15:11.557 Not exactly a republic 00:15:12.050 --> 00:15:17.396 And so actually that's kind of a segue into the next kind of key moment in history, 00:15:17.901 --> 00:15:19.817 uh which is referred to as the 00:15:20.212 --> 00:15:25.024 stewart era selective disarmament i don't know where this came from but, 00:15:25.726 --> 00:15:29.943 what we're talking about here is really under the kings charles ii and james 00:15:29.943 --> 00:15:33.803 ii okay this is the 1660s to 1680s. 00:15:33.803 --> 00:15:37.693 And for some context on this timeline this is when like the british empire is being 00:15:37.693 --> 00:15:40.273 Born oh yeah i mean and it's going having. 00:15:40.273 --> 00:15:44.353 This massive expansion yeah I mean, really the beginning of the British Empire, 00:15:44.353 --> 00:15:46.607 as we think of it as like the 1500s. 00:15:47.135 --> 00:15:51.611 And so now we're in the mid 1600s and we are just exploding. 00:15:51.837 --> 00:15:57.027 Yep. We are claiming territories and colonies. And I mean, it's hot right now. 00:15:57.230 --> 00:15:57.503 Right. 00:16:01.578 --> 00:16:06.599 Uh what's the word i'm looking for kingdom you know is going worldwide yeah 00:16:06.774 --> 00:16:11.207 they're colonizing all over the place wherever they can uh staking claims upon 00:16:11.207 --> 00:16:13.317 lands and yes oceans and sea and. 00:16:13.427 --> 00:16:17.237 Establishing a lot more standardization because of that right we need to have 00:16:17.237 --> 00:16:23.437 more clarity of law of the magistrate of uh what's the word i'm looking for 00:16:23.437 --> 00:16:27.457 sovereignty so you know those those things become relevant at this time 00:16:27.457 --> 00:16:34.740 Period you also have of course this is in that era too or shortly after uh where 00:16:34.920 --> 00:16:40.047 you've got essentially the church which is you know the catholic church of course 00:16:40.047 --> 00:16:41.787 later becomes the church of england, 00:16:43.691 --> 00:16:47.477 uh and the protestants protestant church you know and that course becomes a 00:16:47.477 --> 00:16:48.597 and we're not going to go into that 00:16:48.597 --> 00:16:52.227 that's not part of the the discussion necessarily as far as that history. 00:16:52.227 --> 00:16:59.759 However, there is an important tie-in here which has to do with the fact that during this time, 00:17:02.679 --> 00:17:08.397 the king started to create, or in parliament, started to create laws that specifically 00:17:08.397 --> 00:17:11.786 targeted certain people and classes of people. 00:17:12.105 --> 00:17:17.127 Specifically Protestants. Yeah, exactly. It's like banning glocks in California 00:17:17.127 --> 00:17:18.375 without using the word glock. 00:17:18.781 --> 00:17:24.587 That's kind of what happened here is that these laws were written or established 00:17:24.587 --> 00:17:27.616 in order to prevent Protestants from having access to guns. 00:17:27.854 --> 00:17:28.046 Yeah. 00:17:29.287 --> 00:17:32.521 And simultaneously to ensure that Catholics did have access to guns. 00:17:34.347 --> 00:17:37.827 Church and state were one and the same. It's really the American experiment 00:17:37.827 --> 00:17:42.847 was the first government on the planet in a very, very, very, 00:17:43.587 --> 00:17:46.471 in a millennia to decide to separate church and state. 00:17:46.877 --> 00:17:50.967 Yeah. So this is at a time when church and state is married and that church 00:17:50.967 --> 00:17:52.641 specifically is the Catholic church. 00:17:53.088 --> 00:17:56.844 And so the idea that all these Protestants are popping up and they're gaining 00:17:57.117 --> 00:18:01.105 some momentum and some popularity, well, them being armed is seen as a threat. 00:18:03.304 --> 00:18:05.866 Oh, we have a comment, by the way, from Brian Shuler on YouTube saying, 00:18:05.866 --> 00:18:09.746 I think the Three Musketeers had something to do with the passage of this law. 00:18:11.778 --> 00:18:17.160 Anyway, that's fun. Yeah, so this is where we start to see... 00:18:19.026 --> 00:18:20.936 Alexander DeMauw is a genius. 00:18:20.936 --> 00:18:21.264 Yeah. 00:18:21.866 --> 00:18:28.259 And, you know, Three Musketeers... Have you read the book? Because the book is terrible. Yeah. 00:18:29.166 --> 00:18:33.036 I had tried to read it when I was like 13, and I don't think I actually got all the way through it. 00:18:33.175 --> 00:18:37.106 Yeah, it's a rough read by our modern context. Obviously, at the time, 00:18:37.606 --> 00:18:42.516 highly successful book, along with his others as well, The Man and the Iron Mask and others. 00:18:42.986 --> 00:18:44.986 But The Three Musketeers is among 00:18:47.586 --> 00:18:51.266 the most adapted book to television of any book in history. 00:18:51.866 --> 00:18:55.322 I think there's like three books that have been adapted to television more than The Three Musketeers. 00:18:55.461 --> 00:19:00.656 One of them is like Dracula. Dracula is the most adapted book to screen of all times. 00:19:01.005 --> 00:19:03.766 But The Three Musketeers is pretty high up there. So anyway, 00:19:05.026 --> 00:19:07.476 I guess I just had to get my little three musketeers comment out. 00:19:07.609 --> 00:19:11.505 That's a great story. I mean, people love it. 00:19:13.467 --> 00:19:20.427 Now, so back in 1662, there was a law passed called the Militia Act of 1662, 00:19:21.141 --> 00:19:26.706 which allowed royal officers to confiscate arms from anyone judged dangerous to the peace. 00:19:26.706 --> 00:19:27.968 Yeah, at their own discretion. 00:19:28.217 --> 00:19:32.286 Yep. So again, so this is not all that different than probably, 00:19:32.286 --> 00:19:35.293 you know, the statute of Northampton from the 1300s, 00:19:35.996 --> 00:19:41.760 but was probably for them at that time, a more modern interpretation or variation of that, 00:19:42.317 --> 00:19:47.956 and giving them the opportunity or need or justification, I guess, 00:19:48.336 --> 00:19:52.146 word I'm looking for to confiscate weapons, to take weapons from those they 00:19:52.146 --> 00:19:54.380 deemed dangerous to the peace. 00:19:54.816 --> 00:19:57.213 The challenge is that this could then be, 00:19:58.357 --> 00:20:01.724 interpreted to be, you know, well, what's dangerous to the peace? 00:20:01.724 --> 00:20:02.854 Those Protestants, apparently. 00:20:02.854 --> 00:20:04.544 Exactly, right? 00:20:04.544 --> 00:20:08.294 Those people who are a threat to the Catholic Church, those are the ones that 00:20:08.294 --> 00:20:10.514 are, you know, that's dangerous, so take away their guns. 00:20:10.514 --> 00:20:13.152 So that's exactly what started happening with King James II, 00:20:13.553 --> 00:20:19.991 was using this selectively against Protestants that he didn't like or disagreed with. 00:20:20.234 --> 00:20:24.304 Well, really, he disagreed with all of them because they were not part of, 00:20:24.644 --> 00:20:26.484 you know, the national religion. 00:20:26.804 --> 00:20:32.524 This is important because, for all, we will see this repeated with African Americans 00:20:32.524 --> 00:20:36.697 in the United States in the early days of the U.S. Constitution. 00:20:38.056 --> 00:20:41.894 But more importantly, it's because what happens today under Bruin, 00:20:41.894 --> 00:20:47.454 and we're going to hit there eventually, is that gun grabbers who are trying 00:20:47.454 --> 00:20:52.924 to justify their anti-gun laws are looking for historical analogs to justify them. 00:20:53.671 --> 00:20:57.014 And so they look back at things like this, like, well, this law existed that 00:20:57.014 --> 00:21:00.674 was designed, you know, to allow to remove guns from people, 00:21:00.674 --> 00:21:04.222 right? So does that make red flag laws, you know, constitutional? 00:21:04.751 --> 00:21:09.564 But, you know, we'll see that the Supreme Court doesn't put up with historical 00:21:09.564 --> 00:21:13.882 analogs if those historical analogs were like evil and morally corrupt. 00:21:14.712 --> 00:21:19.588 And so that's come up many times in federal district courts and the U.S. Supreme Court. 00:21:19.884 --> 00:21:22.494 Is it basically said, well, I guess that's a historical analog, 00:21:22.494 --> 00:21:23.808 but that doesn't make it okay. 00:21:27.205 --> 00:21:32.568 Yeah, so that's kind of how these laws started to be used was with the intent 00:21:32.568 --> 00:21:35.855 of selectively going after certain people or groups of people. 00:21:36.648 --> 00:21:42.281 So to your point, I mean, this was used as gun control in the 1600s. 00:21:42.676 --> 00:21:45.816 But this is what came out of it, though. And that's what this sets us up for, 00:21:46.066 --> 00:21:55.557 is that the English Bill of Rights passed in 1689 was a direct response to those abuses. 00:21:57.328 --> 00:21:58.092 Which is a huge win 00:21:58.313 --> 00:22:03.428 Yeah it was not only in terms of what we're talking about here today with regards 00:22:03.428 --> 00:22:04.890 to second amendment type issues, 00:22:05.889 --> 00:22:11.868 but was a huge win for religious freedom as well in England at that time too 00:22:11.868 --> 00:22:15.949 because it became people basically started having enough of, 00:22:17.655 --> 00:22:24.958 Protestants being the target of the crown and hey we need to put a stop to this, 00:22:24.958 --> 00:22:26.418 or at least try to put a stop to it. 00:22:26.418 --> 00:22:33.218 We know there were still a lot of challenges for the Protestant churches even 00:22:33.218 --> 00:22:35.748 after that time, but this was a start. 00:22:36.108 --> 00:22:40.510 The English Bill of Rights passed by Parliament in 1689, 00:22:41.308 --> 00:22:44.724 and in those Bill of Rights it said this, that subjects, the people, 00:22:45.008 --> 00:22:51.388 may have arms for their defense suitable to their conditions and as allowed by law. 00:22:52.670 --> 00:22:57.789 Yeah. In fact, I see this almost echoing the National Firearm Act, 00:22:58.395 --> 00:23:04.070 excuse me, the Gun Control Act of 68 and the Fire and Motor Protection Act of 1986 in America. 00:23:04.360 --> 00:23:08.355 Sort of like, you know, we went one step too far in controlling guns and, 00:23:08.355 --> 00:23:10.484 you know, the pendulum had to swing back and kind of correct it. 00:23:11.001 --> 00:23:15.645 But also a piece of context I think here is relevant is think that like the Mayflower, right? 00:23:15.645 --> 00:23:20.965 The original Puritans that left England and became the first real true white 00:23:20.965 --> 00:23:24.785 settlers of the United States, in my opinion, they left in 1620, 00:23:24.785 --> 00:23:26.930 I think, or they landed here in 1620. 00:23:27.185 --> 00:23:27.875 Yeah, about then. 00:23:27.875 --> 00:23:30.465 Yeah, so you got to put this in context of what's going on in England at the 00:23:30.465 --> 00:23:35.243 time, right? Like there's this huge rise of resistance against the Catholic Church. 00:23:35.742 --> 00:23:41.344 And so the government's basically fighting against that. The king is fighting against that. 00:23:41.762 --> 00:23:44.525 And now it's starting to swing back out and say, wait a minute, 00:23:46.295 --> 00:23:49.485 we got to respect the rights of people, including their faith, 00:23:49.485 --> 00:23:50.829 but certainly their right to bear arms. 00:23:51.224 --> 00:23:55.475 And so anyway, I just think some of that historical context matters. 00:23:55.835 --> 00:24:00.665 Yeah. Isn't it remarkable when we look at this in the modern era, 00:24:00.665 --> 00:24:03.854 and I mean looking at it from the perspective of—, 00:24:04.841 --> 00:24:11.096 brits right yeah where i mean it they they put in their their own version of 00:24:11.096 --> 00:24:15.036 their bill of rights the english bill of rights the phrase that says that people 00:24:15.036 --> 00:24:19.737 may have arms for their defense there's another part there i'm going to come back to in a moment, 00:24:20.300 --> 00:24:25.518 but acknowledge that people may have arms for their defense and then today contrast that with where, 00:24:26.395 --> 00:24:31.926 the uk is today where you're not allowed to have weapon for defense you can't. 00:24:31.926 --> 00:24:32.716 Even have a kitchen knife 00:24:33.187 --> 00:24:36.736 Right so Like you're told that basically, I remember we covered this in the 00:24:36.736 --> 00:24:41.246 podcast several years ago, where like the only suitable tool at your disposal 00:24:41.246 --> 00:24:45.093 was like a whistle or a rape alarm or something to that effect. 00:24:45.946 --> 00:24:52.712 So pretty sad to see how far they've really swung against their old Bill of Rights. 00:24:53.339 --> 00:24:57.624 Another piece of context that's relevant here is 1689 is this English Bill of Rights. 00:24:57.983 --> 00:25:04.746 So fast forward to 1773, 1774, 1775 in America, the English Bill of Rights is less than 100 years old. 00:25:05.576 --> 00:25:10.185 And the colonists are feeling like, hey, we're being abused by the king. 00:25:11.271 --> 00:25:13.715 This ain't cool. We've got to deal with some of these things, 00:25:13.976 --> 00:25:18.566 the Tax Act and the Stamp Act and the Coercion Act, et cetera. 00:25:18.566 --> 00:25:23.560 And so I just wanted to put that in context, right, that we're talking about a timeline. 00:25:23.845 --> 00:25:29.636 In fact, 1689 to 1789 basically is 100 years from the English Bill of Rights 00:25:29.636 --> 00:25:34.027 being written to the U.S. Constitution being affected. 00:25:35.206 --> 00:25:36.796 That's pretty spot on. 00:25:36.796 --> 00:25:40.186 So context, right? And the U.S. Bill of Rights, the first 10 amendments to the 00:25:40.186 --> 00:25:42.461 U.S. Constitution, 1791. 00:25:42.763 --> 00:25:46.049 So 103 years after the English Bill of Rights. 00:25:46.270 --> 00:25:49.956 So anyway, I just think to us, this is a long time ago, but to the American 00:25:49.956 --> 00:25:52.938 founding fathers, the English Bill of Rights was not yet 100 years old. 00:25:53.182 --> 00:25:58.676 Yeah. I appreciate you pointing that out it's a relatively new thing at that 00:25:58.676 --> 00:26:02.365 time and again this is all context this is the world that, 00:26:04.085 --> 00:26:10.133 Our colonials, you know, those that became our founding fathers grew up within this framework. 00:26:11.571 --> 00:26:17.801 And by the way, it was Justice Scalia who wrote the majority opinion on the 00:26:17.801 --> 00:26:20.786 Heller decision, the famous Heller decision of 2008. 00:26:21.891 --> 00:26:23.624 And he noted in that. 00:26:24.744 --> 00:26:28.664 The English Bill of Rights, specifically this phrase that people may have arms 00:26:28.664 --> 00:26:32.261 for their defense suitable to their conditions and as allowed by law, 00:26:33.244 --> 00:26:37.776 while that's not perfect, and while we've certainly, in our own Bill of Rights, 00:26:38.176 --> 00:26:42.984 went well beyond that as far as not having something like suitable to their conditions, 00:26:43.737 --> 00:26:48.445 or even as allowed by law in our Bill of Rights with respect to the Second Amendment. 00:26:49.344 --> 00:26:54.684 But he noted that this part of the Bill of Rights acknowledged or creates, 00:26:55.126 --> 00:26:59.434 this was evidence that the right predates, meaning the right to bear arms, 00:26:59.434 --> 00:27:05.035 predates and is independent to our own Constitution and Bill of Rights. 00:27:05.290 --> 00:27:09.594 And the specific key here is this idea for their defense. Because a common thing 00:27:09.594 --> 00:27:12.581 you hear from people today is, oh, the Second Amendment, it's all about militia. 00:27:13.040 --> 00:27:15.902 It was all about forming, creating, and standing up of militia. 00:27:16.724 --> 00:27:21.695 And so it's not about an individual's right to have guns for their own personal 00:27:22.026 --> 00:27:23.849 satisfaction or self-defense. 00:27:24.197 --> 00:27:27.144 And here it's like in 1689 it was. 00:27:27.144 --> 00:27:32.608 In 1689, the English Bill of Rights set forth that this was for the personal 00:27:32.870 --> 00:27:35.514 defense, for one's personal ability 00:27:35.514 --> 00:27:39.615 to defend themselves with whatever arm would be appropriate for that 00:27:41.004 --> 00:27:42.529 within the scope of what's allowed by law. 00:27:42.837 --> 00:27:46.904 So this is setting forth that it's not just, hey, Americans can, 00:27:46.904 --> 00:27:53.412 or this time, the English people could own guns, but they can own guns for self-defense. 00:27:55.009 --> 00:28:00.584 Yeah, that's such a valid point. And understand, I mean, we're going to talk 00:28:00.584 --> 00:28:01.696 some more about Heller, of course. 00:28:02.304 --> 00:28:07.794 We're going to give its own space on this podcast today. But how significant 00:28:07.794 --> 00:28:10.994 that was, I think, is important to recognize that, you know, 00:28:10.994 --> 00:28:17.230 as far as that Heller decision for the first time officially in our nation's history. 00:28:18.600 --> 00:28:21.752 Very clearly pointed out the second amendment, 00:28:23.116 --> 00:28:27.932 is about an individual right protecting an individual right that's right and 00:28:27.932 --> 00:28:32.172 that's why this is so key understanding this history and the english bill of 00:28:32.172 --> 00:28:34.715 rights and how it was about, 00:28:35.435 --> 00:28:40.842 people subjects to the king people we're not talking about militias it militias 00:28:40.842 --> 00:28:47.587 weren't part of this this verbiage here it was about people having arms for their defense. 00:28:47.587 --> 00:28:50.532 It was about all people. In fact, that was one of the points, 00:28:50.532 --> 00:28:52.964 right? It's like, it's not about a select group of citizens. 00:28:53.260 --> 00:28:57.649 It's about all of the subjects of the king. It's about all of them having this right. 00:28:58.276 --> 00:29:02.072 Yeah. And I understand the English Bill of Rights wasn't perfect, 00:29:02.363 --> 00:29:07.175 and there was still a lot of class-based related issues and problems and challenges, 00:29:07.982 --> 00:29:11.598 but this was a step in the right direction, and this again, 00:29:12.422 --> 00:29:19.191 is part of that framework that established our own Bill of Rights here in our country, 00:29:19.958 --> 00:29:26.292 and again was used as that evidence for later rulings super important rulings 00:29:26.292 --> 00:29:27.934 like the Heller decision that, 00:29:28.682 --> 00:29:36.154 on record established no this is about an individual right super super key so this, 00:29:37.059 --> 00:29:42.696 is a recognition of where it all started for America okay, 00:29:43.908 --> 00:29:47.774 Let's now, let's turn our attention now a little more to America, 00:29:48.000 --> 00:29:50.491