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Tragic School Shooting in Texas and the 2nd Amendment

Outlaw Lawyer / Josh Whitaker & Joe Hamer
The Truth Network Radio
May 27, 2022 5:00 pm

Tragic School Shooting in Texas and the 2nd Amendment

Outlaw Lawyer / Josh Whitaker & Joe Hamer

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May 27, 2022 5:00 pm

On this week's edition of The Outlaw Lawyer, Josh & Joe discuss the 2nd Amendment following the tragic shooting at a Texas elementary school. The Outlaw Lawyer discusses a recent article out of St. Louis that says States already ignore federal cannabis laws and federal gun laws, what if they start ignoring the Supreme Court? Also why is Latin language used so often within the legal system. All coming up on this edition of the Outlaw Lawyer.

If you have a legal question of your own and need an answer call Whitaker and Hamer Law Firm 800-659-1186. Leave your contact information and briefly what your call is about and an attorney with Whitaker & Hamer will be in touch.

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This week on the outlaw lawyer, Josh and Joe will discuss the top legal moves including the school shooting in Texas don't talk about the Second Amendment. As always, Josh and Joe tackle the big legal questions we are facing.

Why do lawyers use so much.

Latin is a great question why would a homeowners association have a problem with doggy snack stations and what if citizens stop listening to the federal government is a lot on the program today. It's all coming up next on the outlaw lawyer now welcome into the outlaw line Josh Whitaker and Johanna Whitaker and Hamer law firm.

The power behind the program to have office in Raleigh, Garner, Clayton goes broke you quavering and Gastonia. The managing partners of the firm and they are practicing attorneys here in North Carolina hi Morgan Patrick consumer advocate where to get into the legal topics and there's a hot story right now everybody's talking about it again. The school shooting in Texas will talk about the Second Amendment that is coming up on the program if you got a legal situation that you are facing and you got questions, I have a number for you 800-659-1186.

That's 800-659-1186.

You can also email your questions to the outlaw all your questions@theoutlawlawyer.com again when you call the number 800-659-1186. Just leave your contact information. Briefly, what calls about an attorney with Whitaker and Hamer will be in touch. And as always, check out the website, the outlaw lawyer.com. Gentlemen, we got just a sad sad story to start off with yeah Morgan you know we always get together Wednesday morning.

That's when were in the studio were or were emoting in our wind up recording and depending on how you listened, she might be listening to us as a podcast download no Thursday or Friday or on the radio Saturday or Sunday summer always get together Wednesday morning and of course Tuesday we had to shooting there in Texas. The school shooting as that was just yesterday afternoon, so we we been reading about that.

Just like everybody else's and then watch everybody, and all that but obviously no matter what side of the political spectrum you you said owner or what you feel about the Second Amendment.

Obviously a tragedy in not something you not something you want to see that that's right, Josh. It's super somber man. We usually come in and try to keep it pretty light. We start off and you talk about talk about a lot of kind of irrelevant things and and and get the show started, but it's it's tough to do that man in light of something like this and it's like he said it's just there's few things that that really hit you as hard as something like this does and it's just it's it's it's it's just incredibly unfortunate just to give the background you've all Texas elementary school there right now.

The death toll is 19 children to adults. The gunmen, 18-year-old Salvador ramose and he was just high school student nearby. And apparently there was an incident with his grandmother shot his grandmother.

His grandmother is in critical condition that's that's the latest but it got hit the sports world head coach for the Golden State Warriors.

They are in Texas. Steve Kirzner head coach for the warriors.

They are in Texas. His father back in 1984, was killed by Islamic extremists.

When Kerr was 18.

He has been outspoken before they had media availability yesterday afternoon before their game again. This is coach her talk about basketball nothings happened with our team in the last six hours. Start the same way and I any basket missions don't matter since we left. She drowned 14 children were killed, 400 miles from here and attended teacher in the last 10 days we've had elderly black people killed the supermarket in Buffalo. Asian churchgoers killed in Southern California. Now we have children murdered at school. When are we to do something.

I'm tired. I'm so I'm so tired of getting up here in offering condolences to the devastated families that are out there so tired of the excusable. I'm sorry. I'm tired of the moments of silence enough first 50 senators right now who refused to vote on HRA which is a background check rule that the house past couple years go. It's been sitting there for two years and there's a reason they will vote on to hold onto power. So I ask you, Mitch McConnell, ask all of you senators who refused to do anything about the violence in school shootings and supermarket shoes. I asked you. Are you going to put your own desire for power ahead of the lives of our children and our elderly and our churchgoers because that's what it looks like it's what we do every week so I'm fed up and had enough to play the game tonight but I want every person here every person listening to this to think about your own child or grandchild, mother, father, sister, brother, how would you feel if this happened to you today. We can't get numb to this. We can't sit here and just read about it and go well. So moment of silence, yeah.

Go dogs you know, come on now, let's go that's forwarded to go play basketball game and 50 senators in Washington and Oregon hold us hostage.

You realize that 90% of Americans regardless of political party want background check universal background.

90% of us, we are being held hostage by 50 senators in Washington who refused to even put it to a vote, despite what we the American people want they won't vote on it because they want to hold onto their own power's prophetic got enough that Steve Kerr head coach Golden State Warriors yesterday before their game against the Dallas man's skin.

They were in the state of Texas and at the time of that press conference.

There were 14 fatalities at the elementary school. There are now 19 and there are two adults begin the shooters grandmothers in critical condition.

He shot her before he went to went to the school so and there's a background for it for coach car obviously his father was basically assassinated by Islamic extremists in 1984 when he was 18 years old. He's obviously very emotional about it, but that that clip right there has been played everywhere and yet it's everybody's talking about guys I know you want to chime in.

Yeah I think I think today you know we have old wearables script.

We have some materials.

We always put together before he sat down and and and talking and working to push some of that aside, and they were not gonna review the Second Amendment and just in general. I thought about the legislation your a lot of the news outlets are talking about stalled legislation in the in the Senate for for some kind of for background checks and things like that in always a slippery slope and it's a horrible horrible situation. You know, I think steep cars as it made similar. He's one of those sports sports guys who like to leave the realm of sports and talk about what's going on in the news and actually he's got a lot of personal reasons to be emotional about it, but anytime something like this happens again, I think the folks who were able to look at it like what does this happen you know you know what we need to do we have that we have a we have a habit in this country get really outraged about something and then you know five days later will be outraged about something else and in the cycle just keeps keeps moving and sometimes get some stuff done and sometimes we don't let that the second amendment's always gonna be, you know, an area where you have people on both sides.

Yet it is true you do have people on both sides.

You get passionate people on both sides of the issue, but I think I think that if there's if there's one thing that everybody can agree on you neither so much disparity between what people believe in their snow like we said that the passionate nature of people on both sides.

I can't but be discounted or denied. But I think we can all agree matter what side of this issue that you fall on that note, these these repeated mass shootings in these tragedies that continually keep occurring are just incredibly unfortunate things that something needs to be done to prevent from occurring and and what that measure needs to be how exactly we go about doing that. I think that that's where the disagreement comes into play. But I think any by any reasonable person skin it going to have the opinion that there needs to be something done because that the frequency with which this occurs these things taking place.

Like you said like wheat we have the tendency to get real fired up about something and then, move onto the next thing and it unfortunately a lot of folks I think can we see this happen so much and it's and it's almost unfathomable to even think about how hard this would affect you if it was you that was actually personally impacted by the situation. If it was one of your kids feels when your family members but you almost get desensitize. I think a lot of folks just because we seen it so much, and that's it.

It's incredible. Think about that because how could could you get desensitize the something like this, but we see it happen so much but but then you listen it to someone like Steve Kerr going in and how much passion. He's got that's really that's really how we all should fill as far as the passion we have for unit doing something to prevent this from occurring and is just crazy man because it doesn't seem like there's ever any Any kind of appreciable change that occurs in the wake of these events. We know it's it's interesting right now again where where were talking Wednesday morning so we don't know a whole lot about the shooter things a Mattingly found a social media counseling use high school student who didn't graduate you you know headset obviously had some some issues I don't know about diagnosed or whatever we know there's a lateral motion here, but I think it's always important to look at okay well what assuming we have a Senate it's not stalemate right, assuming we have a way to address is what should what would have stopped this right now is look at a situation you know because we have a web tendency was a point something terrible like this happens, his big picture yet people on one side and want to repeal the Second Amendment and people in the other side you don't want to do anything and so I was looking like a this this situation that happened was horrible. What could have been what can be done to have prevented this specifically and having that's always a good God, you know, I think at Sandy Hook. The shooter had some that's a mental new mental issue will issues but is illegally acquired gone and any I don't think people looked enough like what would've prevented this guy from doing this at this time acting as a people have to do is is that instead of looking at the big picture, which is always not helpful.

People get stalled out is look at smaller things that would've prevented this kind of thing but I know were up against a break after the break. I thought it begin to look back at the Second Amendment just generally talk about gun laws here in the in the US of a the outliers Josh Whitaker and Joe Hamer is a heavy topic to start off the show again the shooting in Texas you all day. Taxes 19 children now confirm dad to adults also deceased gunman is 18-year-old Salvador Ramos from that area high school student. Obviously disgruntled and there were finding out that is more information as the show is being taped in the midweek and by the weekend will have more for you there as well, but the outliers. It's always legalese we talk about the different issues and this is a big one.

It's a heavy one. Stay with us were to talk about Second Amendment if you got a situation that you are dealing with and you need some legal advice. I got a phone number for you 800-5911 86.

That's 800-659-1186 just leave your contact information. Briefly, what the calls about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the program will answer those in future broadcast questions@theoutlawlawyer.com and the website check it out. The outlier.com back right after this and in Raleigh owner Clayton Goldsborough the quavering and Gastonia and if you got a legal situation you're facing. You got questions, I have a phone number for you 800-659-1186 at 800-659-1186 leave your contact information.

Briefly, what the calls about an attorney will be in touch and you can email your questions to the show questions@theloior.com will answer those on future broadcast second amendment gentlemen more and so you know anytime time out gun laws to get to the president of love were rat now, yet always start in the beginning in a course to show a couple weeks ago we talked about abortion is as an implied constitutional right and we talked about how the Constitution you we have enumerated rights and abortion is not one of them that the court that the Supreme Court of her years read in a bunch of privacy rights like implied rights. I wish we think the Constitution should protect this and we think that would would amend their intent. We talked about the Constitution is a you know some people interpreted as a breathing living documented changes as the times change and and that's kinda young.

We talk about the Supreme Court leak and abortion may be being overruled as a as a constitutional right. The big thing to think about collapsing some people juxtapose what's going on in the abortion debate with what's going on in the and in gun laws. I've seen that a couple times already but abortion is not an enumerated right in the Constitution. It was an implied right, the court found out about gun rights going back to the Second Amendment and the Second Amendment is is pretty short and sweet and I'll read it because it won't take very long. The second amendment of the U.S. Constitution reads a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed, and that's it that's that's the Second Amendment say all our all our gun debates gun law debates all go back to that Second Amendment and I've never thought the Second Amendment was very confusing. I think it's pretty clear that the founding fathers, the drafters of the Constitution is very clear how they felt about everyone's rights afire. Enjoy know we talked about this before time or two but always been pretty clear to me that that's, that's, were starting from yeah it's it's it's strange man you think about these you think about these amendments to the Constitution and especially the Second Amendment that that were talking about here in like you said you got you got one sentence.not even a super lengthy sentence at that and from that that one short statement you get all this debate, you get all this conflict to get all these varying opinions and it's just it's just kind enough to think about that and in everything that you know how all this kinda flows from this just when you boil it down like he said it's it's a very it's a straightforward and it's a very simple statement that that like you said the intent to an end and what that the founders when drafting the statement had in mind. I think I agree with you – it seems abundantly clear.

But as we move through history as society changes as you have the evolution of our society. You know you see changes to the way that this is an EEC clarifications you see cases that come out and interpret differently and you just it just be accountable. Is your mind thinking about how much you know interpretation there has been and how much debate there has been over something that is units of such a short statement that like you said is just a very has a very clear intent and Joe I would you know would add again.

I think I think that amendment reads pretty clear, but the right of the people to keep and bear arms in arms. You know what is that mean you know rights can be regulated right are we have the First Amendment the right to free speech and that's limited.

You know yes regulated. You can't, there's danger speech, you can't shout a theater. There's things you can do and thousands of be an argument. Well, this is an unlimited arms right you can own a nuclear weapon right you should be building bombs in your house as a danger to everyone around you and so there's the court. Although the court regulates this right when cases come before the Supreme Court in different states regulate firearms different ways and we talked about the New York case we got people who are alleging in your possible to get a concealed concealed carry permit to carry a firearm concealed and that's before the Supreme Court. This session that's already been argued, I think, and hours waiting on an opinion, but you concealed weapons every state to reset different means ways to regulate, I think the stalled Senate bill that Steve was talking about on that clip is about you no longer wait times you know the universal background checks send you things that seem reasonable right is always a slippery slope when you're talking about limiting regulating our right and then so people are always concerned as as you know, once you start going down that hill that you keep on going and obviously you know the intent of the Second Amendment is is that law-abiding people who are able should be able to open firearms and was there's a reason they can't write and so in a revised and appointed the stalled Senate legislation and say you know nothing and that clip Steve was blaming him. He said the 50 centers, but I'm assuming he's talking about the way I took his exam of the 50 Republican senators to you know what support the legislation but that legislation would that have stopped maybe.

Something in the future right but I don't know you now looking at this situation. This shooter know he was 18. I had read, and I haven't had chance to follow-up some of this is even true, but I'd read that Texas had recently reduced it to age. We could buy certain weapons.

I don't know if that's true, I probably should've given it a Google age limits on certain things that's that's something people could look at that spot.

You're too intrusive to the right. You may be maybe an 18-year-old should be able to legally buy multiple AR 15 GNMA that something that we we should look at but there's a lot so there's lots of ways you can regulate right now for long time. You could buy automatic or semi automatic weapons and certain states under certain laws and so there's always been regulation and are Congress right now isn't known for forgetting things done but seems like maybe some limited regulation is is may be, is maybe in order but I guess that's up for debate. It depends on what side you fall in ENS. The thing man. You note that there's I think one of the issues we see is you got a lot of folks who just have it distrust of our government unit, regardless of of which side of the coin, you know whether it's the a Republican or Democrat that's that's gonna be in office you you have folks on the other side that are in it distrust that person is sometimes solely based on just that the name you know the fact that they are Republican or Democrat and through that distrust you. You see folks who are going to be wildly resistant to any kind of regulation, especially if something like this that people hold to be so important in other people who this is the most important thing in the world to them in and and it's like he said Joshua unit, we got, look at it in from the perspective of what would've actually prevented this would unit with this bill that unit Steve Kirsch talking about have have been able to prevent this, but it I think it's more of a thinking of regulation is one piece of that. And like you said any there any right can be regulated in a reasonable manner and in it we as a society have a vested interest in a lot of these rights being regulated to an extent and not you never want to see overreach of attribute, but unit wheat we shouldn't. We should question regulation, but we shouldn't be in a completely unit diametrically opposed to any kind of regulation whatsoever because there's regulations that are definitely in the interest of the greater good and and the public welfare, but I think it's more than just regulation.

You know, I think there is. This is a multifaceted issue and you know background checks may not prevented a lot of these things from occurring. Here, there's other pieces of of the puzzle and I'll have the answers. Don't get me wrong I do not have. I do not have the solution. But I think it's a multifaceted solution that that goes beyond just simple legislation to to kinda start really curbing what you should always get put off.

I really put off would like people who are like far, 44 right you know we don't need we don't need to do anything we need to do lasts you now and in the people in the far far left her like repeal the Second Amendment night. You need neither one is is is is is really the way to go out think in America anytime soon, not feeling the Second Amendment I would advocate for that either.

I don't think that thing that I don't thing is the way to go betting when people can take a tragedy like this and then reasonable people can sit down. I mean there's reasonable small-scale things that can be done to start to take steps to kinda prevent this, but you know I always go back to you know I can't member who I was hearing say this but you know what he did is is a legal right means of murder is illegal and you know I and you have you try to deter crime. You make it illegal but it's it's it's always weird for me to think about what else do you have to do to prevent crime right is already illegal. Right you know it you have to take the step to prevent you know, things happening, but but anyway I know I know were up against the break and we will spend the whole show talking about the second. I figured like we need to spend at least some time so will probably get a move on to some new topics after the break.

Maybe that aren't quite as quite as heavy but it doesn't mean that the tragedies any less less important but we do have some other things talk about organ. Yet the outlier is Josh Whitaker in SchellHamer. You can find them at Whitaker and Hamer law firm is managing partners there. Their pricing attorneys here in North Carolina and they hostess radio show they got offices in Raleigh Garner Clayton Goldsboro Fuquay Farina and Gastonia. If you are facing a legal situation. You've got questions, I got a phone number for you. It's 800-659-1186 at 800-659-1186 leave your contact information. Briefly, what the call is about an attorney with Whitaker and Hamer will be in touch and you can always email your question to the show Antrim and future program that's questions@theoutlier.com again questions at the ally or not, check out the website being out online.com back with four right after this, or managing partners of that firm in their pricing. Attorneys here in North Carolina.

They have offices in Raleigh, Garner, Clayton, Goldsboro, Fuquay, Farina and Gastonia. If you got a legal situation you're facing. You got questions, I got a phone number for you 800-659-1186. That's 800-659-1186 and just leave your contact information briefly with calls about an attorney with Whitaker and Hamer will be in touch.

Also, you can email your question to the program questions@theoutlawlogyour.com or a gym and work were off the heavy and were into the show. I know you guys will start off with some sports and other hurricanes are there in it, but the Rangers are back in game last night was rough judge that came, I saw part of that came in and I was at my kid that my two boys.

Both had the baseball game so I was at the baseball field. Got there at like 530 had a game has second game that lasted when the like four sets of extra innings we we left at like 1030 was a bargain hunter of a Little League playoff game, but I saw Stephen up with it on my phone and I'm kinda glad that I am glad that I didn't get to watch it very closely because I think as a canes fan I would've been incredibly frustrated by the way that that game went so this is Joe so the Little League baseball situation at what inning do they cut off beer sales. Yes, so they inning zero but if you come prepared with your yeti cup.

It was late last night and I know you got it. We get a lot of Little League baseball fans on the show but high-stakes man high drama for a Little League baseball game.

You know, I've never my kids are just getting into the age where they keep score. You know you have several years of your life of your kids lives rather whether just note no one really cares. They don't keep score. You just out there to have fun and so you know you get the Little League account goes way everyone cares and man as a person whose competitive and has that competitive fire in me. It it's so much more entertaining to watch than just a game and I get to have fun. It's not that serious etc. etc. but it's a lot more fun when there are some steaks do it, and there were some steaks and I'm happy to report my kids team pulled out the victory in a in in that I think was at the fourth set of extra innings and was get Tom Anne's real good time will just on the program I like you know what is cool in the canes game at least hit Joe age group is that your that is ominously my kids nine I think it's from I think it's like 9 to 11 thing that's roughly what it is you, my boys came up her baseball bat and in basketball and football one out they Get in. They get today's reading it, being all the time is yell earnings to pitch in and they stated they did make it through them and they didn't persevere.

You might my own kid gets BET's. I think he liked his first like six at-bats. He got hit with the ball and so yet is a that is a factor to factor you have to consider those games can be slow them and like you said the kids are just learning but beats beats the heck out of T-ball, Joshua tell you that much that I hurricanes game where the house and we turned it on and 80 there was an owner, a well and then we ended up moving upward holy moly holy moly planets. I came on at eight so I didn't even the first playoff game and only got 5 W to been there or you know if I was at home, watched it to completion. So you deftly didn't go good night and see what happened within us all some penalties handed out there at the high so hurriedly were several fights at the end but so there will be moving back again Wednesday. On Wednesday, so have a game yes Thursday they'll be back for you will have gone better in a home that they find it at home yesterday different team on the road has you say they they they played extremely well at home. Undefeated to this point and we know they can't win a game on the road and so the fisticuffs and that the rough stuff at the end of that Rangers contest is now a message that the canes are saying that they're not going there not going away and it's same thing for the Rangers as a welder come to your house now, so by the time this program airs on Saturday they will be building up for a game in New York because certainly they'll play the game on Thursday here in Raleigh and then they'll head up to the Rangers Madison Square Garden for a Saturday contest and depending on how it goes this week you mean mean came to me the canes are on the ropes, guys, I mean they they need to figure out a way to to win on the road. They do have home ice. So they keep holding that in the win the series. But man, you know who's Wayton. Whoever gets out of this series gets Tampa Yan Tampa Ludwell Gary good will, hopefully, hopefully, will make it there. The Rangers are tough and the lessons he is being games. You know the ESPN guys. They love the Rangers they will need the New York team know when it's so maybe they'll maybe we can upset the Rangers and up and get the files nothing.

It's interesting, and is the last thing I comment on, but Hartford Whalers before they came down to be the Carolina hurricanes. That was the home team for ESPN and so when they left a lot of people at ESPN at that time not happy about it and I remember you know, 2000 2001 when they made that cup run it up losing to Detroit and ESPN came down the coverage they were pretty innovate, they weren't happy about it. They were very much talking about the hurricane whale. The Carolina whale. They kept doing that franchise was upset about the league had to step in and talk to ESPN about it and then 0607 they make the run and when it and what I tell you it was like pulling teeth for some of the ESP enters talk positively about the hurricanes because they're the former whale and so that seems like it's lingering time and there there's rimmed you know in the in the commentary you and you always mean I think we as fans were always guilty of assuming like commentary is biased against your team, but but but I think there's some lingering, but that's just I don't that's ESPN based or if it's if if it's the folks call him again for ESPN have like Ranger title know what it is exactly but I really like it. Man teams move in reality to move on from that and then… Let's hope that the hurricanes can right the ship. There have righted the ship on Thursday and there they're headed into a Saturday matchup where they can close out the Rangers left Wednesday guys that had originally planned to talk about her spent some time discussing.

I try to read a lot of different especially for the show. I try to read a lot of different news outlets.

I read more traditional newspapers.

Even if I don't have a newspaper in my hand that's that that's the things I gravitate towards but I was reading an opinion piece and editorial out of Missouri, how I found it or got to it, but had some interesting it had some interesting pieces never basically the editorial the opinion they put out there is you know what it it was, in light of the antiabortion Lake. I thing that's what cannot drove the edit that the writer that offered this conclusion, but it could just as easily have stabbed a gun rights over time as they do talk about Ben Wright's inhibitors like what if what if the states. But if the citizens just stop listening to the federal government and so they laid out a couple things like one. Many states are legalizing marijuana. The feds haven't decriminalized it right is still at federal criminal charge on certain present mediation in the states relieve legalized marijuana sales. You know, that's all that's a whole industry right it sprung up all over the place and and how the Gymboree job rhetoric lately but you know in Colorado and some of the first states that legalized medicinal marijuana just you know marijuana sales to the general public. These marijuana retailers right they they couldn't use banks right banks are afraid do business with them since it was federal profits from a illegal activity, at least in the eyes of the federal government, and so having a lot of these folks I like where houses for casual private security and and and things like death and has one example where states have just said we don't care what the federal government says in our borders on this will be legal and and or not and not enforcing it and the feds have allowed that right. The feds don't really enforce this but yet the law hasn't changed in its cannot were coming got used to it. When it first happened, that was kind of a novel relation, if you remember that on how old you are when I happen to Josh.

I'm not a young child boy. To this day I do remember to remember that and yeah DE you mentioned you folks did Lennon and Merrill even folks even more recently, you noted some of the folks that are dealing in CBD and Hamp and things like that have faced some of the same issues where there's just some kind of uncertainty there and like you said that by and large that the federal government not enforcing a lot of those prohibitions but they're still inherent at any point they could, you know 10 and end like you said I not kind of folks to work. Kind of in history that worked for had just like you said they didn't want to use banks couldn't use traditional methods of payment just because they were worried about some kind of seizure of those assets of the money they were making. It was a I think it was a real problem for folks and I think to a lesser degree may still be somewhat of a problem for folks but it it's it's an interesting thing to think about, you know what if if you just have states that basically just say screw this and I cannot wait. We don't care anymore how you had is that how does that play out more and what were again coming up against the break. I want to continue this discussion when we when we get back as it goes into a couple of other things and is kind of relating to some of the bigger new stories of the days will will keep going here after the break. All right yellow lawyers Josh Whitaker and Joe Hamer Whitaker and him are law firms where you can find it in the managing partners there and pricing attorneys here in North Carolina offices in Raleigh Garner Clayton Goldsboro for quavering and Gastonia. If you got a legal situation and you've got questions, I got a phone number for you 800-659-1186. That's 800-659-1186. Just leave your contact information briefly what that call is about an attorney with Whitaker and Hamer will be in touch.

You can also email your questions to the program questions@theowlonyour.com will answer those on a future program and check out the website, the outlaw lawyer.com one. They have offices in Raleigh Garner Clayton Goldsboro for quavering and Gastonia Morgan Patrick consumer advocate and we continue the discussion and will get into a little bit more of what we just got out of Glendive. Yet the you know this was an interesting editorial out of Missouri newspaper night and write down the title and and write down the authorities like to give people credit talk about what the ideas that they cannot put out there, but this one.

The author proposes what happens when states and citizens just stop listening to the federal government so we spent some time talking about legalized marijuana sales.

That's a good example feds are very clear to legal or not enforcing it states a kind just run with it as a is a will is is something that they discover on their own, clear, North Carolina marijuana sales is not something that were were saying that our day. We got some neighboring states that are getting into that and in the feds haven't reacted if at seven enforced their laws that prohibit that kind of thing and so this is one good example for words not listening to the to the federal government. We just decided hey it's okay in the federal government will either catch up or they won't.

And and and this editorial was in light of the abortion issue and the possible reversal of Roe V Wade again like we talked about in our show Joe the Supreme Court they say is not constitutional right to abortion. It's different this thing abortion is legal. That's very important distinction that that is it's very very important distinction and like you said we talked about that we talked about the perhaps the better Avenue to to tackle some of these abortion related issues. Being that that legislative piece, as opposed to you.

Note going the route of this is just the constitutional right that folks have but but again, that makes that make some folks upset because there a lot of folks who believe strongly that it is you know it is an innate constitutional right that that shouldn't be infringed upon, regardless of whether there is legislation that allows it right you'll see some states, New York and California will be a lot of states or its it's it's gonna be legal. You know, abortion is not going to be a crime and will be legal to to seek out and receive an abortion in your states like Texas and and in other states that are going to be no abortions under any circumstance and and and but it was just it was fascinating to look at this, especially you know Missouri, so this was this person is out of Missouri and that it know this, but they said Missouri they don't enforce and I'm just relying on their opinion at 11, Missouri on the laws of Missouri but Missouri does not enforce federal gun laws that don't have a corresponding state that I don't have a good example of of that one of them was provided but they haven't heard that before but yet are just you know if there there enacting tougher tougher gun laws. The state is not enforcing those and so you there may come a point you know I think a lot of states united the New York's and the California's of the world. They have very strict, very tight gun regulations and then there's other states where you know again this tragedy. We talked about earlier. Of course happened in Texas in Texas is known to have more lenient gun laws, but again the big thing being that yeah I just thought about it this way, even though marijuana sales been legal in life stays for a long time in the feds are doing anything there could come a time with you know, depending on how your state predominantly feels about abortion and gun laws were to stop. Stop listening to the federal government stop listening to the Supreme Court. You know what hat what happens right as the Supreme Court doesn't have Army right.

The Supreme Court doesn't enforce its decisions. I that's up to the executive branch and the executive branch doesn't enforce those things I just just an interesting take, and I hadn't and thought about it quite that way before, noted in its it'll be that that presents an interesting situation.

Like you said, and you know you seen it wit. We can't say it's not can happen. As we seen it like you said we seen it happen with with the the way that states are handling marijuana and if that if that state kind of that attitude among the states unit was expanded. I can't predict what what would even happen that situation you be looking at a very strange thing to say the least. It's it's very important now is contracting of a local level you know where just were just people right in our lives and in North Carolina and we got these big issues going on in you got war in Europe and you got this tragedy in Texas and for me and Morgan and Joe usually only so much you can you can do right were not in change federal law to change what's going on the international stage. But you know you can is a lot we can do locally, rights of local elections are way more important now that I think they've ever been. Your voting represents you that we talked about judge judicial elections and how important they can be even on the local level and Senators in your just it is very important I think to do what you can on the local level and a lot of people believe that but I think the more you see these tragedies, the more you see these things happening. And there, brought into your living room like you and coaching, directing, and making sure you know you get some time to be in your kid school and and just doing the best you can with the people around you to notice really do.

But, but anyway the whole editorial just it just hit me in a way where is like what I really haven't thought about that before ocular kind, the kind saying you the state of Missouri. All we can do is do what we think is right and anyway is all we can any of us can really do the outlier's Josh Whitaker and Joe Hamer. You can find them at Whitaker and Hamer law firm. They have offices in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia. They are the managing partners of the firm and they are practicing attorneys here in North Carolina and folks if you got a legal situation you are facing and you have questions will have a phone number for you can call it you can get some answers.

Here it is 800-659-1186.

That's 800-659-1186 and just leave your contact information briefly what that calls about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the show questions at the outlaw line or not, what were back to wrap up the program for this week coming up. Welcome back into the final segment of the outlier's this week Josh Whitaker and Joe Hamer, your host there. The managing partners at Whitaker and him offer my Morgan Patrick consumer advocate and I will remind you that Josh and Joe are pricing attorneys here in North Carolina office is conveniently located Raleigh garner Clayton, Goldsboro, Fuquay Marina and Gastonia. And if you have a legal question of your own, you can always call and get an answer 800-659-1186. That's 800-659-1186 leave your contact information. Briefly, what the calls about an attorney with Whitaker and Hamer will be in touch and you can email the question to the show questions@theoutlier.com judgment what you know we we we didn't. We did hit all of our teaser questions this week. Moorings met so much talk about but one thing I did that I was like in on on a lighter note, but when things I did see I thought I saw an article is how you Latin. Our attorneys always use Latin.

I remember before I want to be an attorney. Back in high school days and in people ago. If you want to be an attorney, you take Latin and that'll be super helpful to you and I did, I fell for it took Latin for two years in high school. I don't know that it really help me that much.

As an attorney, Joseph G ever get Jeffrey take Latin as a foreign language accented and I did not take Latin but you know it may not help you be a better attorney, but I think you're fantastic attorney without having regardless. But yeah, I mean Lotta Latin terms pop up in ended the day-to-day of an attorney's life so haven't some familiarity with that it does not hurt, but again there's there's but so much Latin that can be inserted into the legal world. At the end of the day two years of study man.

I'm proud of you for that yet. I don't know that it will it's it's overly helpful. What I don't know that it that it was but I want to go a couple legal terms that we see our that come up a lot anyway but when I was turning when I see the most often and when I see most often is reference to something being ex parte motion argument a filing, but something being X partake you.

What that means. Jim McQueen, as you know, that means that I do I do Josh and you know it's a kid it can actually mean a couple of things depending on the way that it's being used, but in general, ex parte, really refers to something that is is of the benefit of one party in a legal case which usually decision is made, and in favor of a party without really waiting for an opinion from the other side. It can also refer to improper contact with the party or judge.

So like if you have an attorney meeting or someone meeting with a party or judge without the lawyer from the opposing side being present. That can be referred to as ex parte as well so it has a few different meanings depending on the context yeah and then then one we see now we talked about this homelike setting.

We first brought up we had at widow. Think about it because we don't deal with it every day.

But member once I got a writ of mandamus mandamus again and I wasn't that my favorite ones as well so that the word mandamus, literally meaning we command it's basically an order from a higher court to really any public official or government agency or a lower court to complete a specific action and in it can't be used to make a court or that official do something that's against the law but can be used to order lower courts into making a decision, ruling. When they basically previously refused it to give any kind of a ruling or judgment on it it, we talked about that in connection with the Landro case, there is a judge that that was speculating that they could write a writ of mandamus in order. Funding for schools, even as a legislative functions that we have talked about on a timer to when you hear a lot in everyday practices. Did Novo and so did Novo know know is this is it is a common one for sure yes that just means you're in a situation where I courts gonna look at everything all way back to the beginning right to reevaluate the facts are basically putting on a new case, the courts can hear something. Did Novo meaning from the news they're just gonna just gonna start over sets one year a lot and then pro se comes up a lot per se can be good or bad, but that's when we see timer to Jeff yes one that that you see a lot of that a lot of non-attorney folks may be familiar with that term because you know pro se basically meaning on one's own behalf. They can also be translated to mean for oneself and it refers to. Basically when you have a litigant or a person who has has been charged with something who decides to represent themselves in court without the assistance of an attorney, so you know any defendant or party in a legal case, they do have the right to refuse legal counsel and self represent yourself all the week we as attorneys can. Don't necessarily advise that to be the way you go enter some there some statues in North Carolina.

We can't be pro se right so if you're in certain situations. If you're an entity. If your corporation you're an LLC and you're being sued or pursuing someone.

There's certain times that you can't be pro se. You need to you need to retain counsel, but you know Small Claims Court. A lot of times you see a lot of pro se folks. Plaintiffs and defendants representing themselves, what you know to large extent small claims is the design for seals that his addictions in the he said she said in breach of contracts under certain amount so as usually were the CEC. Most of the pro se language and then had one more on this list habeas corpus which is one that you know here very often about when use out when Joe is at that one and come up in your day-to-day practice. Very often I'll think it does not come of my day-to-day practice very often that the literal translation is that you have the body. So if you like that can describe me, but it it it it usually refers to a writ of habeas corpus, which is something that's used by courts to determine whether or not the detention of a prisoner is valid.

So when a court issues a writ of habeas corpus that prisoner detainee in the case of someone who's admitted in like a mental health facility will be will be brought before the court and their cases is is review. Good stuff. Gentlemen, the outliers, we have another one in the book she got a Latin lesson right there at the end but very interesting because we do hear those terms all the time if you got an issue that you are facing legally and you got questions call this number 800-659-1186.

That's 800-659-1186 liter contact info and briefly what that calls about an attorney with Whitaker and him are we in touch and you can also email your questions to show questions at the outlaw back next week with more outlaw life is attorney licensed to practice law in some of the guests appearing on the show many licensed North Carolina attorneys discussion of the chosen to be general in nature and in no way should be interpreted as legal advice, legal advice.

Once an attorney licensed in the state in which you live at the opportunity to discuss the backs of your case with you. The attorneys appearing on the show are speaking in generalities about the law. North Carolina and how these laws affect aboriginal Carolinian. If you have any questions about the content of the show, contact us directly


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