June 9, 2025 • 33 mins
Governor Jared Polis signed Senate Bill 25-205 into law last week. This is just another piece of feel-good bullcrap that suggests it'll make gun crime less likely in Colorado.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Trump is a wartime president against the messic threats in
this country period.
Speaker 2 (00:07):
And no cat either. That's that's good, right to the point,
no cat. So maybe I'm going to try to get
to it next hour. But I want to talk about
the Maryland dad. You know, just that that guy that
was just he's just a father and you know, he
just sometimes he and his wife would have fights and
(00:29):
he had beat her, and you know, she had to
get a restraining order, but that you know, don't don't
pay any attention to that. And then he gets deported
to an Al Salvador prison, but then the left goes
has a conniption fit, and they finally bring him back.
But now he's charged with human trafficking, sex trafficking. I
think there's some other charges. And and so now the
(00:51):
guy that Chris van Holland, the Senator from Maryland, went
to El Salvador to sit down with him and have
a nice margarita, that guy now been brought to the
United States to face charges.
Speaker 1 (01:02):
And I just think we need to know the truth
about him.
Speaker 2 (01:04):
So we'll talk about that maybe in the fourth hour,
but this hour, I want to talk about a couple
of issues. That one is purely local. I'm not sure
it applies to anybody listening outside the state, but you
might learn from it because it could happen in your state.
Speaker 1 (01:18):
But the first round I.
Speaker 2 (01:19):
Want to talk about is something that could happen anywhere,
with maybe the exception of well, I certainly don't think
it would happen in Oklahoma. I don't think it would
happen in Texas or but other or Wyoming. But it's
happening here. I think it was last Monday, but it
may have been the Monday before. It doesn't make any difference.
(01:40):
But Jared Polus signed into law Send It Bill twenty five,
too oh five. The title of that bill was the
Firearm Serial Number Check Requests Procedure the Firearm Serial Number
Check Requests Procedure Now that establishes a protocol for Federal
(02:03):
Firearms Licensees FFLs to request a firearm serial number check
before they purchase a gun from an individual. It it
requires the local sheriff's office or police department, whichever is available,
(02:24):
to complete the serial number check within seventy two hours
of the request from the FFL. It also mandates that
the FFL report to law enforcement within forty eight hours
if based on that serial number, check or any other
(02:45):
reason that they have to believe that a firearm or
a gun that they were offered to purchase was stolen, lost,
or is involved in an open criminal investigation, and the
failure to comply can result in penalties which I'll get
into it get into in a minute, including the loss
(03:07):
of their or the revocation of their FFL. The bill, um,
I want to I want to think like one of
the Marxists out of the Colorado Pull Up Bureau for
a moment. The sponsors of the bill will tell you this,
(03:28):
this is just one thing that we can do to
make Colorado safer and to get unlawful or stolen guns
off the streets.
Speaker 1 (03:41):
Got it?
Speaker 2 (03:43):
Didn't they give you a warm fuzzy didn't they just
give you? Oh you get goosebumps thinking about that? Okay, well,
good for you, because now I'm want to shoot that
down for you. I'm going to totally shoot that down
for you and show you that this is another just
a piece of feel good bulk app passed by the
Colorado Marxist at the Poloit Bureau, somehow convincing you that
(04:06):
it's going to make crime less likely In Colorado, particularly
gun crime. But then I'm also going to try to
convince you that this bill is a precursor to something
that is prohibited at the federal level but not at
the state level. And for those of you think you
are really smart, may being figure out what I'm talking about.
(04:30):
So the bill applies specifically to transactions where an individual
where you are trying to sell or transfer a gun
to an FFL, and it's designed to ensure that the FFLs,
such as maybe a licensed gun deal or a gun store, whatever,
that they can verify that a gun that's being offered
(04:51):
by an individual is not stolen, not lost, not linked
to a criminal investigation, before they finish the purchase, They
before they finalize the purchase. The serial number check procedure
is only triggered when an FFL requests it, and the
bills language focuses on those specific transactions. In other words,
(05:17):
the onus is on the FFL. Let's say that I've
got I can't imagine this. Let's just imagine that I've
got a gun, and I'm thinking to myself, Michael, you
got too many guns. You've got two guns, and that's
just double what you really need. So I think I'm
(05:39):
gonna go sell one. So I either call an FFL
that maybe I know personally, or I go to a
gun store which obviously is going to have an FFL
at it, and I'm gonna say, you know what, I
just want to help reduce crime. So I've got two guns.
I only need one gun. I mean, who needs to guns?
(06:00):
So here do you want to buy this? What would
you offer me for this? I go to a pawnshop,
trying to salt to a pawnshop. Before they can buy
the gun, they have to request the local police department
of the sheriff's office to run a let's just call
it a background check and a serial number to make
sure that it's not, you know, a stolen gun that
(06:21):
hasn't been reported to stolen, that it's not a gun
that's actively involved in some sort of criminal investigation they've
been looking for. They've got to do all of that,
and if that comes back clean, then they can complete
the purchase.
Speaker 1 (06:34):
Hmm.
Speaker 2 (06:37):
Now, the bill scope is limited to that kind of transaction.
So a criminal could sell a gun, whether stolen or not,
to another individual that's not an FFL, and that will
not trigger the serial number check required by this law
(06:59):
that all is assigned into law. Now, there are other
There are other Colorado laws that kind of partially address
private sales. For example, background checks for private sales. Under
Colorado statutes, private firearm transfers, either sales or gifts between
non family members have to go through an FFL, who
(07:22):
then conducts a background check on the buyer via the CBI.
And and that applies to all guns, not just those
sold to FFLs. But this law does not explicitly require
a serial number check unless the FFL just decides he
wants to do one under this new law.
Speaker 1 (07:40):
Now, I I mean, I would never do this, but.
Speaker 2 (07:47):
Private firearm transfers, sales or gifts between non family members
have to go through an FFL. Huh, If he's listening
right now, No, I'm not gonna go down that path.
Speaker 1 (08:05):
Not gonna go down that path.
Speaker 2 (08:09):
But if if a Rod wanted to buy a gun
from me, I'm not sure I'd sell again to a Rod.
But if I were willing to do so, I'd probably
just sell again to a Rod.
Speaker 1 (08:21):
Yeah. But Michael, Michael, that's against the law. What are
you gonna do about it? What are you gonna do
about no basing that means, what about it.
Speaker 2 (08:34):
There's also a law that requires me or you to
report a lost or stolen firearm. I don't have much
of a problem with this, because if I'm going to
make an insurance claim on a lost or stolen gun,
then I'm probably gonna need a police report anyway. But
(08:55):
even setting that aside, if I have a gun that
gets stolen or lost, I'm gonna wait make sure that
I do report it to the cops, because I want
them to know in case that gun happens to get
used in a crime, that hey, I reported it stolen
four weeks ago, so don't I mean, I know you're
going to come talk to me, but obviously I'm not
(09:15):
going to be a suspect.
Speaker 1 (09:17):
Anyway.
Speaker 2 (09:18):
That law requires gun owners to report lost or stolen
guns within five days, and which is kind of funny
because the failure to do that within first five days
is like a speeding ticket. It's a civil infraction, and
the first offense is a twenty five dollars fine, but
if you continue to do it, it can eventually get
to a misdemeanor and it could end up with as
(09:41):
much as a five hundred dollars fine. And as I said, I,
I really don't have a problem with that law because
it's trying to track stolen firearms. But again, it does
not directly mandate serial number checks for private sales. So
to be clear, direct private sales between individuals where there's
(10:02):
no FFL involved, for example, either a legal or an
unreported sale requires FFL involvement. You know, while one statue
does require FFL involvement for non family private transfers, that
enforcement relies on just voluntary compliance. And of course illegal
(10:27):
sales can occur outside that framework. But let's think about
a non commercial transfer, a gift, or a trade between individuals.
Unless they involve an FFL for a background check. This
new law, the serial number check, doesn't involve them either.
You know, maybe I just want to give you know,
a Rod a gun. A Rod has been training, and
(10:51):
a Rod's looking for a particular gun, and I've got
I've got so many guns that and I love a
Rod so much, so you know, this is just a
complete fairy tale that I would just say, hey, Rod,
you know what, because you've been training so well, I've
got a really nice nine to eleven over here that
I think I'll just give you.
Speaker 1 (11:08):
Now, I'll probably ask for a receipt.
Speaker 2 (11:10):
I'll probably have a receipt to show the bill of sales,
so if he uses it in a criminal transaction, I
can shoe well, I gave it to him, even though
I might then get in trouble for not having gone
through an FFL, But I'll pay the twenty five dollars
and screw it.
Speaker 1 (11:24):
Who cares.
Speaker 2 (11:27):
Let's go back to twenty five to two O five,
the bill that police just signed into law. It attempts
to add what I would call just a layer of
scrutiny to ensure that someone does not unknowingly purchase a
stolen gun or crime linked gun from some individual. Now,
(11:47):
that protects the FFLs from liability, and it does help
law enforcement track illicit firearms.
Speaker 1 (11:54):
But the bill does not do this.
Speaker 2 (11:57):
It does not directly prevent criminals from selling firearms to
non FFL FFLs. In other words, a criminal thug out
there cruising down Federal Boulevard or Colfax or anywhere else
for that matter.
Speaker 1 (12:13):
Now, now just about anywhere in.
Speaker 2 (12:14):
Colorado pulls his you know, pulls his low rider over
to the side somewhere, parks in the alley, opens the trunk,
and everybody knows that if you show up at eleven thirty,
you know, on Tuesdays and Thursdays, then he'll be there
and he'll have the trunk open and he'll just sell
you whatever guns he's got in there, and it's cash only.
Speaker 1 (12:34):
And you think, you think, for a.
Speaker 2 (12:36):
New York second, if that guy selling those guns to
those people that he knows are also thugs, that he's
going to have an FFL on site can run a
serials background check. Of course not, but the Democrats are
too stupid or they're pretty sly. The point being, private
(12:56):
sales that are conducted illyly without any fl involvement are
going to remain difficult to monitor, in fact that you
can't monitor them, and this law does not address that gap.
Now Obviously, as I said earlier, other laws, like those
requiring background checks or reporting sold in firearms does somewhat
(13:18):
aim to reduce illegal transfers, but they don't mandate this
serial number check for all sales. So the bottom line
is this, the bill that's police signed applies only to
guns that are sold by you or me to an FFL,
requiring a serial number check. In those cases criminals. They
(13:38):
can still sell guns stolen or not to any other
individuals without that check, as long as it doesn't involve
an FFL. How many thugs out there do you think,
even though what an FFL is, how many thugs out
there do you think? You know what, I got a
bunch of guns I need to sell. And let's just say,
(13:59):
for let's take an extreme example. You got a thug
out there that's got a bunch of guns that are
not stolen, not involved in any crime whatsoever. They're clean guns,
but they do have serial numbers. So do you think
that guy is going to call or find an FFL
(14:19):
to meet him at Federal and thirty second and they're
going to, you know, park in a parking lot somewhere
and sell guns. And the FFL is going to sit
there and submit, you know, on his laptop the serial
numbers to the CBI or the police department or anybody else. No,
they're not going to do that. You're insane if you
(14:40):
think they're going to do that. The sponsors of the
bill for the serial the Firearm Serial Number Check Request
Procedure all keep yelling that this is going to reduce
the availability and the sale of stolen guns by enhancing
the ability of FFLs to verify the status of guns
(15:01):
before purchasing him from individuals. Cecilia Espinosa, co sponsor, said this,
we're establishing a procedure and expediting serial number checks so
firearm dealers have better tools to help keep our communities
safe by identifying guns that have been stolen or involved
in an unsolved crime. Really, here's some kind of stupid woman.
(15:26):
You really are some kind of stupid. The bill's sponsor,
Senator Nick Henrichson, Representative Sicilia Esquinosa, and Representative William Linstepp
emphasized that the procedure's role in ensuring FFLs can confirm
a firearms status in other words, whether it's stolen, loss,
or link to a crime before completing a transaction, and
(15:48):
even on the summary Like over at Colorado Capital Watch,
they all reinforce this, noting that it allows FFLs to
request a check on firearm serial numbers for a gun
before purchasing from an individual, with the goal of identifying
illicit firearms sales man, Are they stupid or they're really
(16:11):
really smart? Step let's just step back a little bit.
Colorad will cease fire. You ever heard of them? That's
a gun violence prevention advocacy group here in Colorado which
supported the bill, and they said that it would help
keep guns.
Speaker 1 (16:27):
Out of the wrong hands. How how.
Speaker 2 (16:34):
I got another hour and a half. Tell me, hunch call,
tell me how their support implies this belief that the
bill's going to reduce the availability of stolen guns by
increasing scrutiny at the point of sale, but only when
it's a sale to an ff L. So all of
(16:57):
the black market trading of firearms is going to continue,
and this bill will have zero effect whatsoever. Now they
what are they doing? They're when I say they the
sponsors of the bill and Jared Poulos. There's research cited
(17:17):
in the context of other twenty twenty five gun bills
like this one that references data from the University of California,
Davis and from every town you know, the anti gun
group that estimates somewhere between two hundred and five hundred
thousand guns are stolen nationally every single year, with about
half of them stolen from vehicles.
Speaker 1 (17:42):
So what's this bill going to do to stop that
or reduce that?
Speaker 2 (17:48):
Not a damn thing. But have you ever thought about
there might be an alternative reason for this bill? Can
you guess what that be. Come on, the cats already
figured it out, surely you can.
Speaker 1 (18:05):
Democrats still left to me rights to the right. Here,
I am stuck in the middle with you.
Speaker 2 (18:15):
And what better person to be stuck in the middle
with than me in that fantastic, fantastic Oh look we're
seeing on CNN. We're seeing oh and oh huh. Both
CNN and Fox are covering riots and there's lots of
video of riots. Imagine that. So let's go back to
Senate Bill twenty five to two oh five, the Firearm
(18:37):
Serial Number Registration Act or something bull crap like that,
all meant to reduce gun crime, which presupposes that all
thugs are always going to go to an FFL. Somebody said,
you didn't define it. I did too. So it was
a Federal firearm licensee. Those are people who are licensed
(19:01):
by the federal government by the Alcohol, Tobacco and Firearms
Bureau to dealing guns gun dealers FFLs, Federal firearm licenseee.
So this bill requires if you're going to you know,
if you're going to sell a gun to an FFL,
(19:24):
then you have to go have the FFL has to
check to see if the serial numbers involved in a
crime or lost or stolen. Well, thugs don't do that.
Thugs buy and sell guns all the time. They don't
go to dealers. They don't go well, they go to
their dealers. They don't go to a legitimate dealer. But
here's what bugs me about this bill. No federal law
(19:47):
explicitly prohibits the maintenance of a registration list of firearm
serial numbers or their owner's names. However, here's the butt.
What'll we do with the butts? We always pay attention
to what comes after the butt. There are several laws
that significantly restrict the federal government from creating or maintaining
(20:12):
a centralized registry. The Firearm Owner's Protection Act of nineteen
eighty six amended the Gun Control Act in nineteen sixty eight,
and that include provisions that limits federal authority in the
area of registration.
Speaker 1 (20:30):
For example, the.
Speaker 2 (20:33):
Firearm Owners Protection Act, which you can find in Title eighteen.
This is section nine twenty six a FOPA, the acronym
prohibits the federal government from establishing a centralized registry of
firearms owned by private citizens who are not licensed firearm dealers, manufacturers,
(20:53):
or importers. Very specifically, it says that no regulation or
rule may require their records required to be maintained under
federal under federal firearm laws be recorded at or transferred
to a facility owned, managed, or controlled by the United
States or any state. Nor may such records be used
(21:15):
to create a system or registration of firearms or firearm owners. However,
that restriction applies to the federal government. It does not
displaying lawyer here explicitly prohibit states or even a private
entity for that manator, from maintaining such a list otherwise,
(21:38):
unless otherwise it's restricted, to say, by state law. Then
you have the National Firearms Act and ATF records for
certain firearms regulated under the National Firearms Act, machine guns, silencers,
short barreled rifles. The ATF maintains a National Firearms Registration
and Transferred record that tracks the serial numbers and owners
(22:03):
of NFA regulated items, which again I'm going to make
sure you understand that those are machine guns, silencers, short
barreled rifles, et cetera. Now, that is an exception to
the general prohibition on federal registries, but again it applies
only to specifically to very specific what I would describe
as heavily regulated firearms and devices. Now, The ATF collects
(22:28):
records from FFLs dealers when they conduct background checks or
record sales, and they do that via the form forty
four to seventy three. But those records are not consolidated
into a centralized searchable database.
Speaker 1 (22:45):
Of all guns and owners.
Speaker 2 (22:48):
Because of the Firearm Firearm Owners Protections Act restrictions. Instead,
they are maintained at the FFL level and our own
centralized in limited cases, like when a dealer goes out
of business and then transfers records to the ATF. You
got to keep the record somewhere, So a gun shop
(23:10):
goes out of business, boom, the records go to the ATF.
The National Instant Criminal Background Check the NXT system established
in nineteen ninety three the Brady Handgun Violence Prevention Act.
That's the bill that requires background checks for firearm purchases
from FFLs.
Speaker 1 (23:32):
But well, we've got a lot of butts.
Speaker 2 (23:33):
Today, federal law mandates that NIXT data related to approved
transaction has to be destroyed within a short period, which
is generally twenty four hours, so that prevents the system
from being used as a de facto registry of firearm owners. Now,
let's talk about some limitations and some exceptions, and let's
(23:58):
do it backwards. I was going to start with state law,
but let's go to trace data first. The Bureau of Alcohol,
Tobacco on Firearms conducts firearm traces to identify the origin
of guns that are used in crimes, and they use
the serial numbers and FFL records to do that. However,
(24:20):
the tired Amendments Annual Appropriations Writers restrict the ATF from
publicly releasing trace data, or I should say, and it
prohibits ATF from using it to create a comprehensive registry.
Speaker 1 (24:38):
That's the first.
Speaker 2 (24:40):
The second would be private entities. Obviously, federal law does
not prohibit a private entity, say a manufacturer, a retailer.
Speaker 1 (24:47):
Or just an organization, from maintaining.
Speaker 2 (24:50):
Records of firearm serial numbers and their owners, provide they
comply with all other applicable laws, like privacy laws or
any sort of state regulations. But now let's get to
state laws. While federal law restricts a national registry, some
states have their own firearm registration requirements. For example, California,
(25:13):
New York, Hawaii, they maintain registries for certain types of
guns like handguns or so.
Speaker 1 (25:19):
Called assault weapons.
Speaker 2 (25:22):
Those state level registries are not prohibited by federal law
because there owned Firearm Owners Protection Act FOPA. Those restrictions
apply to federal actions, not state ones. So the federal
government can't maintain a comprehensive centralized database linking firearm serial
(25:45):
numbers to owners for most firearms because of the Firearm
Owners Protection Act and those other related laws. Now, as
I said, there are some limit exceptions under the National
Firearms Act for firearms and out of business FFL records,
and practically states and private entities could maintain lists where
(26:07):
permitted by state.
Speaker 1 (26:08):
Law, but those are not part of the federal system.
Speaker 2 (26:13):
Now, let's think about what's going on here with Senate
Bill twenty five to two oh five. Any gun sold
to an FFL, a gun shop, a gun dealer, or
a private individual who has his own FFL, that serial
(26:35):
number has to be submitted to a police department or
a sheriff's office to verify that it's not involved in
a criminal investigation, or it's not involved in a crime,
or it hasn't been reported as lost or stolen. Now,
the sheriff's office or the police department won't keep a
record of that. In so far as we know, nothing
(27:00):
the bill that I can find, prohibits them from keeping
a record of it if they wanted to. Of course,
they would already know because if it's involved in a
crime or it's been reported sold, they would know about
the gun anyway. But now they've been able to track
the gun, and you know they're going to come knocking
on your door. How'd you get this gun? Nothing prevents
(27:22):
the FFL from keeping a record of that. In fact,
most FFLs are going to keep records of that in
order to protect themselves from liability so that they don't
lose their license. And FFL is keeping those records is
generally not against either federal or state law. So what
am I leading up to? Colorado just created the mechanism,
(27:48):
the foot in the door, by which guns sold by
you or me to an FFL are now going to
get the serial numbers put into a registry.
Speaker 1 (28:02):
Huh.
Speaker 2 (28:04):
Now that doesn't violate its best I can read both
FOPA and the NFA. I don't think it violates federal law.
And if you recall I said earlier, federal law does
not prohibit states or even private organizations from maintaining their
own registry. But what if Colorado wants to do incrementalism.
(28:29):
What if Colorado wants to follow the typical path of progressivism,
don't tell them you're going to create a registry. Just
start and do the first thing, and start with, oh,
we're going to try to find stolen or guns that
are involved in criminal activity that are so to an FFL,
(28:52):
and now we'll get those serial numbers. Then why not
after that's taken effect for oh, I don't know, a
year or two, and you can come back and you say, oh, look,
we found out of five thousand guns sold to FFL.
So I'm just pulling a number out of my butt,
out of five thousand guns sold to an FFL in
(29:14):
the past.
Speaker 1 (29:15):
You know, year we found.
Speaker 2 (29:20):
Four hundred stolen guns or four hundred guns involved in crimes. Oh,
we ought to take some bill twenty five, twenty five
to two oh five, and we ought to expand that,
and we ought to have serial number registrations or serial
background checks for all transactions, you know, even the private
(29:42):
transaction between me and a rod, assuming we use an
FFL for a background check. But it doesn't make any
difference because it's just let's just do it for all transactions.
And we know that Michael Brown will still continue to
sell to his friend Marty, and Marty will continue to
sell to his friends Michael and Bullis just continue to
ignore that law, and we'll just buy and sell guns
(30:03):
all the time. But oh, for those who are scared,
or maybe you know a widow that's got a gun,
doesn't know what to do with it, goes and sells it. Oh,
becomes a rich the serial number becomes registered. The FFL
has that registration number and is keeping that for his
own protection, and now the state wants that information too.
(30:25):
You've started the foundation for a Colorado based gun registration system. Congratulations,
Governor Polus. You always talk about how you're a strong
supporter of the Second Amendment, but we also know you're
a progressive Marxist and that you will just little inch
by inch, the little progressive steps here and there prittle
(30:50):
away the Second Amendment, and the Colorado Democrats over at
the polit.
Speaker 1 (30:54):
Bureau doing exactly the same thing.
Speaker 2 (30:56):
Breaking radical left groups in Colorado are planning anti ice
emergency protests in Aurora today and at the GEO ice
facility and in Denver. Now that that apparently is going
to be tomorrow at the state Capitol, let's see that
I'm looking at the graphic emergency marching protests. Monday, June ninth,
(31:18):
that would be today at four thirty pm. Meet at
Park Lane near thirteen thousand and one East thirtieth Avenue
in Aurora. So if you're out about today and you're
just looking, you know, you got maybe there's some leftover
Molotov cocktails somewhere, or maybe you just you know, you
just you want to join in the francas you want
(31:40):
to just have some fun.
Speaker 1 (31:41):
Thirteen thousand and one.
Speaker 2 (31:42):
East thirtieth be sure to meet at park Lane Park
near that first so you can get your pre printed
protests signs. Join us as we march to GEO and
solidarity with those protecting their community from ice. In Los Angeles,
we will join in the weekly free Janette vigil upon
(32:03):
arrival sponsored by.
Speaker 1 (32:06):
Let's let Me Blow This Up.
Speaker 2 (32:08):
Aurora UNIDUCED something CSO D A c A C Casa
de Pause, something called hand the Mutual Aid. Monday f
R s O Denver, thet See Solidarity for OHTHO, the
Solidarity for Palestine and Denver is going to be there.
(32:31):
I'd love it that the Palestinians are all upset about
illegal aliens in Colorado. Isn't that fantastic? Why we ought
to be we gotta be happy about that. The Denver SDS.
I assume that's the students for a Democrat Society, a
bunch of communists and PSL Denver. So thanks, Jimmy, We'll
(32:56):
now I'm not gonna go. I'll let Jimmy go. Jimmy
can go and find tell us, you know, tell us
all about it, because well, I got better things to do.
At four thirty this afternoon, and let's see tomorrow. What
time is it tomorrow? They don't say anything about what
time it is?
Speaker 1 (33:11):
What time is it tomorrow? And it doesn't say.
Speaker 2 (33:17):
But today it's at four thirty vote Actually the graphic says,
oh no, tomorrow is at.
Speaker 1 (33:26):
Five thirty pm. We can all go. Who wants to
go with me
Trump is a wartime president against the messic threats in
this country period.
Speaker 2 (00:07):
And no cat either. That's that's good, right to the point,
no cat. So maybe I'm going to try to get
to it next hour. But I want to talk about
the Maryland dad. You know, just that that guy that
was just he's just a father and you know, he
just sometimes he and his wife would have fights and
(00:29):
he had beat her, and you know, she had to
get a restraining order, but that you know, don't don't
pay any attention to that. And then he gets deported
to an Al Salvador prison, but then the left goes
has a conniption fit, and they finally bring him back.
But now he's charged with human trafficking, sex trafficking. I
think there's some other charges. And and so now the
(00:51):
guy that Chris van Holland, the Senator from Maryland, went
to El Salvador to sit down with him and have
a nice margarita, that guy now been brought to the
United States to face charges.
Speaker 1 (01:02):
And I just think we need to know the truth
about him.
Speaker 2 (01:04):
So we'll talk about that maybe in the fourth hour,
but this hour, I want to talk about a couple
of issues. That one is purely local. I'm not sure
it applies to anybody listening outside the state, but you
might learn from it because it could happen in your state.
Speaker 1 (01:18):
But the first round I.
Speaker 2 (01:19):
Want to talk about is something that could happen anywhere,
with maybe the exception of well, I certainly don't think
it would happen in Oklahoma. I don't think it would
happen in Texas or but other or Wyoming. But it's
happening here. I think it was last Monday, but it
may have been the Monday before. It doesn't make any difference.
(01:40):
But Jared Polus signed into law Send It Bill twenty five,
too oh five. The title of that bill was the
Firearm Serial Number Check Requests Procedure the Firearm Serial Number
Check Requests Procedure Now that establishes a protocol for Federal
(02:03):
Firearms Licensees FFLs to request a firearm serial number check
before they purchase a gun from an individual. It it
requires the local sheriff's office or police department, whichever is available,
(02:24):
to complete the serial number check within seventy two hours
of the request from the FFL. It also mandates that
the FFL report to law enforcement within forty eight hours
if based on that serial number, check or any other
(02:45):
reason that they have to believe that a firearm or
a gun that they were offered to purchase was stolen, lost,
or is involved in an open criminal investigation, and the
failure to comply can result in penalties which I'll get
into it get into in a minute, including the loss
(03:07):
of their or the revocation of their FFL. The bill, um,
I want to I want to think like one of
the Marxists out of the Colorado Pull Up Bureau for
a moment. The sponsors of the bill will tell you this,
(03:28):
this is just one thing that we can do to
make Colorado safer and to get unlawful or stolen guns
off the streets.
Speaker 1 (03:41):
Got it?
Speaker 2 (03:43):
Didn't they give you a warm fuzzy didn't they just
give you? Oh you get goosebumps thinking about that? Okay, well,
good for you, because now I'm want to shoot that
down for you. I'm going to totally shoot that down
for you and show you that this is another just
a piece of feel good bulk app passed by the
Colorado Marxist at the Poloit Bureau, somehow convincing you that
(04:06):
it's going to make crime less likely In Colorado, particularly
gun crime. But then I'm also going to try to
convince you that this bill is a precursor to something
that is prohibited at the federal level but not at
the state level. And for those of you think you
are really smart, may being figure out what I'm talking about.
(04:30):
So the bill applies specifically to transactions where an individual
where you are trying to sell or transfer a gun
to an FFL, and it's designed to ensure that the FFLs,
such as maybe a licensed gun deal or a gun store, whatever,
that they can verify that a gun that's being offered
(04:51):
by an individual is not stolen, not lost, not linked
to a criminal investigation, before they finish the purchase, They
before they finalize the purchase. The serial number check procedure
is only triggered when an FFL requests it, and the
bills language focuses on those specific transactions. In other words,
(05:17):
the onus is on the FFL. Let's say that I've
got I can't imagine this. Let's just imagine that I've
got a gun, and I'm thinking to myself, Michael, you
got too many guns. You've got two guns, and that's
just double what you really need. So I think I'm
(05:39):
gonna go sell one. So I either call an FFL
that maybe I know personally, or I go to a
gun store which obviously is going to have an FFL
at it, and I'm gonna say, you know what, I
just want to help reduce crime. So I've got two guns.
I only need one gun. I mean, who needs to guns?
(06:00):
So here do you want to buy this? What would
you offer me for this? I go to a pawnshop,
trying to salt to a pawnshop. Before they can buy
the gun, they have to request the local police department
of the sheriff's office to run a let's just call
it a background check and a serial number to make
sure that it's not, you know, a stolen gun that
(06:21):
hasn't been reported to stolen, that it's not a gun
that's actively involved in some sort of criminal investigation they've
been looking for. They've got to do all of that,
and if that comes back clean, then they can complete
the purchase.
Speaker 1 (06:34):
Hmm.
Speaker 2 (06:37):
Now, the bill scope is limited to that kind of transaction.
So a criminal could sell a gun, whether stolen or not,
to another individual that's not an FFL, and that will
not trigger the serial number check required by this law
(06:59):
that all is assigned into law. Now, there are other
There are other Colorado laws that kind of partially address
private sales. For example, background checks for private sales. Under
Colorado statutes, private firearm transfers, either sales or gifts between
non family members have to go through an FFL, who
(07:22):
then conducts a background check on the buyer via the CBI.
And and that applies to all guns, not just those
sold to FFLs. But this law does not explicitly require
a serial number check unless the FFL just decides he
wants to do one under this new law.
Speaker 1 (07:40):
Now, I I mean, I would never do this, but.
Speaker 2 (07:47):
Private firearm transfers, sales or gifts between non family members
have to go through an FFL. Huh, If he's listening
right now, No, I'm not gonna go down that path.
Speaker 1 (08:05):
Not gonna go down that path.
Speaker 2 (08:09):
But if if a Rod wanted to buy a gun
from me, I'm not sure I'd sell again to a Rod.
But if I were willing to do so, I'd probably
just sell again to a Rod.
Speaker 1 (08:21):
Yeah. But Michael, Michael, that's against the law. What are
you gonna do about it? What are you gonna do
about no basing that means, what about it.
Speaker 2 (08:34):
There's also a law that requires me or you to
report a lost or stolen firearm. I don't have much
of a problem with this, because if I'm going to
make an insurance claim on a lost or stolen gun,
then I'm probably gonna need a police report anyway. But
(08:55):
even setting that aside, if I have a gun that
gets stolen or lost, I'm gonna wait make sure that
I do report it to the cops, because I want
them to know in case that gun happens to get
used in a crime, that hey, I reported it stolen
four weeks ago, so don't I mean, I know you're
going to come talk to me, but obviously I'm not
(09:15):
going to be a suspect.
Speaker 1 (09:17):
Anyway.
Speaker 2 (09:18):
That law requires gun owners to report lost or stolen
guns within five days, and which is kind of funny
because the failure to do that within first five days
is like a speeding ticket. It's a civil infraction, and
the first offense is a twenty five dollars fine, but
if you continue to do it, it can eventually get
to a misdemeanor and it could end up with as
(09:41):
much as a five hundred dollars fine. And as I said, I,
I really don't have a problem with that law because
it's trying to track stolen firearms. But again, it does
not directly mandate serial number checks for private sales. So
to be clear, direct private sales between individuals where there's
(10:02):
no FFL involved, for example, either a legal or an
unreported sale requires FFL involvement. You know, while one statue
does require FFL involvement for non family private transfers, that
enforcement relies on just voluntary compliance. And of course illegal
(10:27):
sales can occur outside that framework. But let's think about
a non commercial transfer, a gift, or a trade between individuals.
Unless they involve an FFL for a background check. This
new law, the serial number check, doesn't involve them either.
You know, maybe I just want to give you know,
a Rod a gun. A Rod has been training, and
(10:51):
a Rod's looking for a particular gun, and I've got
I've got so many guns that and I love a
Rod so much, so you know, this is just a
complete fairy tale that I would just say, hey, Rod,
you know what, because you've been training so well, I've
got a really nice nine to eleven over here that
I think I'll just give you.
Speaker 1 (11:08):
Now, I'll probably ask for a receipt.
Speaker 2 (11:10):
I'll probably have a receipt to show the bill of sales,
so if he uses it in a criminal transaction, I
can shoe well, I gave it to him, even though
I might then get in trouble for not having gone
through an FFL, But I'll pay the twenty five dollars
and screw it.
Speaker 1 (11:24):
Who cares.
Speaker 2 (11:27):
Let's go back to twenty five to two O five,
the bill that police just signed into law. It attempts
to add what I would call just a layer of
scrutiny to ensure that someone does not unknowingly purchase a
stolen gun or crime linked gun from some individual. Now,
(11:47):
that protects the FFLs from liability, and it does help
law enforcement track illicit firearms.
Speaker 1 (11:54):
But the bill does not do this.
Speaker 2 (11:57):
It does not directly prevent criminals from selling firearms to
non FFL FFLs. In other words, a criminal thug out
there cruising down Federal Boulevard or Colfax or anywhere else
for that matter.
Speaker 1 (12:13):
Now, now just about anywhere in.
Speaker 2 (12:14):
Colorado pulls his you know, pulls his low rider over
to the side somewhere, parks in the alley, opens the trunk,
and everybody knows that if you show up at eleven thirty,
you know, on Tuesdays and Thursdays, then he'll be there
and he'll have the trunk open and he'll just sell
you whatever guns he's got in there, and it's cash only.
Speaker 1 (12:34):
And you think, you think, for a.
Speaker 2 (12:36):
New York second, if that guy selling those guns to
those people that he knows are also thugs, that he's
going to have an FFL on site can run a
serials background check. Of course not, but the Democrats are
too stupid or they're pretty sly. The point being, private
(12:56):
sales that are conducted illyly without any fl involvement are
going to remain difficult to monitor, in fact that you
can't monitor them, and this law does not address that gap.
Now Obviously, as I said earlier, other laws, like those
requiring background checks or reporting sold in firearms does somewhat
(13:18):
aim to reduce illegal transfers, but they don't mandate this
serial number check for all sales. So the bottom line
is this, the bill that's police signed applies only to
guns that are sold by you or me to an FFL,
requiring a serial number check. In those cases criminals. They
(13:38):
can still sell guns stolen or not to any other
individuals without that check, as long as it doesn't involve
an FFL. How many thugs out there do you think,
even though what an FFL is, how many thugs out
there do you think? You know what, I got a
bunch of guns I need to sell. And let's just say,
(13:59):
for let's take an extreme example. You got a thug
out there that's got a bunch of guns that are
not stolen, not involved in any crime whatsoever. They're clean guns,
but they do have serial numbers. So do you think
that guy is going to call or find an FFL
(14:19):
to meet him at Federal and thirty second and they're
going to, you know, park in a parking lot somewhere
and sell guns. And the FFL is going to sit
there and submit, you know, on his laptop the serial
numbers to the CBI or the police department or anybody else. No,
they're not going to do that. You're insane if you
(14:40):
think they're going to do that. The sponsors of the
bill for the serial the Firearm Serial Number Check Request
Procedure all keep yelling that this is going to reduce
the availability and the sale of stolen guns by enhancing
the ability of FFLs to verify the status of guns
(15:01):
before purchasing him from individuals. Cecilia Espinosa, co sponsor, said this,
we're establishing a procedure and expediting serial number checks so
firearm dealers have better tools to help keep our communities
safe by identifying guns that have been stolen or involved
in an unsolved crime. Really, here's some kind of stupid woman.
(15:26):
You really are some kind of stupid. The bill's sponsor,
Senator Nick Henrichson, Representative Sicilia Esquinosa, and Representative William Linstepp
emphasized that the procedure's role in ensuring FFLs can confirm
a firearms status in other words, whether it's stolen, loss,
or link to a crime before completing a transaction, and
(15:48):
even on the summary Like over at Colorado Capital Watch,
they all reinforce this, noting that it allows FFLs to
request a check on firearm serial numbers for a gun
before purchasing from an individual, with the goal of identifying
illicit firearms sales man, Are they stupid or they're really
(16:11):
really smart? Step let's just step back a little bit.
Colorad will cease fire. You ever heard of them? That's
a gun violence prevention advocacy group here in Colorado which
supported the bill, and they said that it would help
keep guns.
Speaker 1 (16:27):
Out of the wrong hands. How how.
Speaker 2 (16:34):
I got another hour and a half. Tell me, hunch call,
tell me how their support implies this belief that the
bill's going to reduce the availability of stolen guns by
increasing scrutiny at the point of sale, but only when
it's a sale to an ff L. So all of
(16:57):
the black market trading of firearms is going to continue,
and this bill will have zero effect whatsoever. Now they
what are they doing? They're when I say they the
sponsors of the bill and Jared Poulos. There's research cited
(17:17):
in the context of other twenty twenty five gun bills
like this one that references data from the University of California,
Davis and from every town you know, the anti gun
group that estimates somewhere between two hundred and five hundred
thousand guns are stolen nationally every single year, with about
half of them stolen from vehicles.
Speaker 1 (17:42):
So what's this bill going to do to stop that
or reduce that?
Speaker 2 (17:48):
Not a damn thing. But have you ever thought about
there might be an alternative reason for this bill? Can
you guess what that be. Come on, the cats already
figured it out, surely you can.
Speaker 1 (18:05):
Democrats still left to me rights to the right. Here,
I am stuck in the middle with you.
Speaker 2 (18:15):
And what better person to be stuck in the middle
with than me in that fantastic, fantastic Oh look we're
seeing on CNN. We're seeing oh and oh huh. Both
CNN and Fox are covering riots and there's lots of
video of riots. Imagine that. So let's go back to
Senate Bill twenty five to two oh five, the Firearm
(18:37):
Serial Number Registration Act or something bull crap like that,
all meant to reduce gun crime, which presupposes that all
thugs are always going to go to an FFL. Somebody said,
you didn't define it. I did too. So it was
a Federal firearm licensee. Those are people who are licensed
(19:01):
by the federal government by the Alcohol, Tobacco and Firearms
Bureau to dealing guns gun dealers FFLs, Federal firearm licenseee.
So this bill requires if you're going to you know,
if you're going to sell a gun to an FFL,
(19:24):
then you have to go have the FFL has to
check to see if the serial numbers involved in a
crime or lost or stolen. Well, thugs don't do that.
Thugs buy and sell guns all the time. They don't
go to dealers. They don't go well, they go to
their dealers. They don't go to a legitimate dealer. But
here's what bugs me about this bill. No federal law
(19:47):
explicitly prohibits the maintenance of a registration list of firearm
serial numbers or their owner's names. However, here's the butt.
What'll we do with the butts? We always pay attention
to what comes after the butt. There are several laws
that significantly restrict the federal government from creating or maintaining
(20:12):
a centralized registry. The Firearm Owner's Protection Act of nineteen
eighty six amended the Gun Control Act in nineteen sixty eight,
and that include provisions that limits federal authority in the
area of registration.
Speaker 1 (20:30):
For example, the.
Speaker 2 (20:33):
Firearm Owners Protection Act, which you can find in Title eighteen.
This is section nine twenty six a FOPA, the acronym
prohibits the federal government from establishing a centralized registry of
firearms owned by private citizens who are not licensed firearm dealers, manufacturers,
(20:53):
or importers. Very specifically, it says that no regulation or
rule may require their records required to be maintained under
federal under federal firearm laws be recorded at or transferred
to a facility owned, managed, or controlled by the United
States or any state. Nor may such records be used
(21:15):
to create a system or registration of firearms or firearm owners. However,
that restriction applies to the federal government. It does not
displaying lawyer here explicitly prohibit states or even a private
entity for that manator, from maintaining such a list otherwise,
(21:38):
unless otherwise it's restricted, to say, by state law. Then
you have the National Firearms Act and ATF records for
certain firearms regulated under the National Firearms Act, machine guns, silencers,
short barreled rifles. The ATF maintains a National Firearms Registration
and Transferred record that tracks the serial numbers and owners
(22:03):
of NFA regulated items, which again I'm going to make
sure you understand that those are machine guns, silencers, short
barreled rifles, et cetera. Now, that is an exception to
the general prohibition on federal registries, but again it applies
only to specifically to very specific what I would describe
as heavily regulated firearms and devices. Now, The ATF collects
(22:28):
records from FFLs dealers when they conduct background checks or
record sales, and they do that via the form forty
four to seventy three. But those records are not consolidated
into a centralized searchable database.
Speaker 1 (22:45):
Of all guns and owners.
Speaker 2 (22:48):
Because of the Firearm Firearm Owners Protections Act restrictions. Instead,
they are maintained at the FFL level and our own
centralized in limited cases, like when a dealer goes out
of business and then transfers records to the ATF. You
got to keep the record somewhere, So a gun shop
(23:10):
goes out of business, boom, the records go to the ATF.
The National Instant Criminal Background Check the NXT system established
in nineteen ninety three the Brady Handgun Violence Prevention Act.
That's the bill that requires background checks for firearm purchases
from FFLs.
Speaker 1 (23:32):
But well, we've got a lot of butts.
Speaker 2 (23:33):
Today, federal law mandates that NIXT data related to approved
transaction has to be destroyed within a short period, which
is generally twenty four hours, so that prevents the system
from being used as a de facto registry of firearm owners. Now,
let's talk about some limitations and some exceptions, and let's
(23:58):
do it backwards. I was going to start with state law,
but let's go to trace data first. The Bureau of Alcohol,
Tobacco on Firearms conducts firearm traces to identify the origin
of guns that are used in crimes, and they use
the serial numbers and FFL records to do that. However,
(24:20):
the tired Amendments Annual Appropriations Writers restrict the ATF from
publicly releasing trace data, or I should say, and it
prohibits ATF from using it to create a comprehensive registry.
Speaker 1 (24:38):
That's the first.
Speaker 2 (24:40):
The second would be private entities. Obviously, federal law does
not prohibit a private entity, say a manufacturer, a retailer.
Speaker 1 (24:47):
Or just an organization, from maintaining.
Speaker 2 (24:50):
Records of firearm serial numbers and their owners, provide they
comply with all other applicable laws, like privacy laws or
any sort of state regulations. But now let's get to
state laws. While federal law restricts a national registry, some
states have their own firearm registration requirements. For example, California,
(25:13):
New York, Hawaii, they maintain registries for certain types of
guns like handguns or so.
Speaker 1 (25:19):
Called assault weapons.
Speaker 2 (25:22):
Those state level registries are not prohibited by federal law
because there owned Firearm Owners Protection Act FOPA. Those restrictions
apply to federal actions, not state ones. So the federal
government can't maintain a comprehensive centralized database linking firearm serial
(25:45):
numbers to owners for most firearms because of the Firearm
Owners Protection Act and those other related laws. Now, as
I said, there are some limit exceptions under the National
Firearms Act for firearms and out of business FFL records,
and practically states and private entities could maintain lists where
(26:07):
permitted by state.
Speaker 1 (26:08):
Law, but those are not part of the federal system.
Speaker 2 (26:13):
Now, let's think about what's going on here with Senate
Bill twenty five to two oh five. Any gun sold
to an FFL, a gun shop, a gun dealer, or
a private individual who has his own FFL, that serial
(26:35):
number has to be submitted to a police department or
a sheriff's office to verify that it's not involved in
a criminal investigation, or it's not involved in a crime,
or it hasn't been reported as lost or stolen. Now,
the sheriff's office or the police department won't keep a
record of that. In so far as we know, nothing
(27:00):
the bill that I can find, prohibits them from keeping
a record of it if they wanted to. Of course,
they would already know because if it's involved in a
crime or it's been reported sold, they would know about
the gun anyway. But now they've been able to track
the gun, and you know they're going to come knocking
on your door. How'd you get this gun? Nothing prevents
(27:22):
the FFL from keeping a record of that. In fact,
most FFLs are going to keep records of that in
order to protect themselves from liability so that they don't
lose their license. And FFL is keeping those records is
generally not against either federal or state law. So what
am I leading up to? Colorado just created the mechanism,
(27:48):
the foot in the door, by which guns sold by
you or me to an FFL are now going to
get the serial numbers put into a registry.
Speaker 1 (28:02):
Huh.
Speaker 2 (28:04):
Now that doesn't violate its best I can read both
FOPA and the NFA. I don't think it violates federal law.
And if you recall I said earlier, federal law does
not prohibit states or even private organizations from maintaining their
own registry. But what if Colorado wants to do incrementalism.
(28:29):
What if Colorado wants to follow the typical path of progressivism,
don't tell them you're going to create a registry. Just
start and do the first thing, and start with, oh,
we're going to try to find stolen or guns that
are involved in criminal activity that are so to an FFL,
(28:52):
and now we'll get those serial numbers. Then why not
after that's taken effect for oh, I don't know, a
year or two, and you can come back and you say, oh, look,
we found out of five thousand guns sold to FFL.
So I'm just pulling a number out of my butt,
out of five thousand guns sold to an FFL in
(29:14):
the past.
Speaker 1 (29:15):
You know, year we found.
Speaker 2 (29:20):
Four hundred stolen guns or four hundred guns involved in crimes. Oh,
we ought to take some bill twenty five, twenty five
to two oh five, and we ought to expand that,
and we ought to have serial number registrations or serial
background checks for all transactions, you know, even the private
(29:42):
transaction between me and a rod, assuming we use an
FFL for a background check. But it doesn't make any
difference because it's just let's just do it for all transactions.
And we know that Michael Brown will still continue to
sell to his friend Marty, and Marty will continue to
sell to his friends Michael and Bullis just continue to
ignore that law, and we'll just buy and sell guns
(30:03):
all the time. But oh, for those who are scared,
or maybe you know a widow that's got a gun,
doesn't know what to do with it, goes and sells it. Oh,
becomes a rich the serial number becomes registered. The FFL
has that registration number and is keeping that for his
own protection, and now the state wants that information too.
(30:25):
You've started the foundation for a Colorado based gun registration system. Congratulations,
Governor Polus. You always talk about how you're a strong
supporter of the Second Amendment, but we also know you're
a progressive Marxist and that you will just little inch
by inch, the little progressive steps here and there prittle
(30:50):
away the Second Amendment, and the Colorado Democrats over at
the polit.
Speaker 1 (30:54):
Bureau doing exactly the same thing.
Speaker 2 (30:56):
Breaking radical left groups in Colorado are planning anti ice
emergency protests in Aurora today and at the GEO ice
facility and in Denver. Now that that apparently is going
to be tomorrow at the state Capitol, let's see that
I'm looking at the graphic emergency marching protests. Monday, June ninth,
(31:18):
that would be today at four thirty pm. Meet at
Park Lane near thirteen thousand and one East thirtieth Avenue
in Aurora. So if you're out about today and you're
just looking, you know, you got maybe there's some leftover
Molotov cocktails somewhere, or maybe you just you know, you
just you want to join in the francas you want
(31:40):
to just have some fun.
Speaker 1 (31:41):
Thirteen thousand and one.
Speaker 2 (31:42):
East thirtieth be sure to meet at park Lane Park
near that first so you can get your pre printed
protests signs. Join us as we march to GEO and
solidarity with those protecting their community from ice. In Los Angeles,
we will join in the weekly free Janette vigil upon
(32:03):
arrival sponsored by.
Speaker 1 (32:06):
Let's let Me Blow This Up.
Speaker 2 (32:08):
Aurora UNIDUCED something CSO D A c A C Casa
de Pause, something called hand the Mutual Aid. Monday f
R s O Denver, thet See Solidarity for OHTHO, the
Solidarity for Palestine and Denver is going to be there.
(32:31):
I'd love it that the Palestinians are all upset about
illegal aliens in Colorado. Isn't that fantastic? Why we ought
to be we gotta be happy about that. The Denver SDS.
I assume that's the students for a Democrat Society, a
bunch of communists and PSL Denver. So thanks, Jimmy, We'll
(32:56):
now I'm not gonna go. I'll let Jimmy go. Jimmy
can go and find tell us, you know, tell us
all about it, because well, I got better things to do.
At four thirty this afternoon, and let's see tomorrow. What
time is it tomorrow? They don't say anything about what
time it is?
Speaker 1 (33:11):
What time is it tomorrow? And it doesn't say.
Speaker 2 (33:17):
But today it's at four thirty vote Actually the graphic says,
oh no, tomorrow is at.
Speaker 1 (33:26):
Five thirty pm. We can all go. Who wants to
go with me
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