October 6, 2025 • 12 mins
See omnystudio.com/listener for privacy information.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:04):
Hammer and Michael show Man.
Speaker 2 (00:06):
My name is Guy Joel Guy Ralford, the gun guy
filling in for Jason Hammer.
Speaker 1 (00:10):
We the I mean, I guess the phone banks are full.
We're gonna do ask the gun guy any.
Speaker 2 (00:15):
Two way related questions, and he's any criminal law related
questions two three nine three.
Speaker 1 (00:22):
I'll let you take over, Bud.
Speaker 3 (00:25):
Let's go right to the phone lines. And Andrew has called Andrew.
Welcome to Hammer and Nigel.
Speaker 4 (00:31):
Good affterda, gentlemen, how are you good?
Speaker 5 (00:34):
Hey?
Speaker 6 (00:34):
Uh, you may or may not know the answer to
this guy, and if you don't, I kind of hope
you can put me in the right direction. I'm sure
you're familiar with the burner launchers.
Speaker 1 (00:43):
Oh yeah, okay, so.
Speaker 3 (00:47):
And by the way, for people who don't know, these
things fire what's essentially a pepper ball. It's a ball
that has some of the same components in it as
oc spray or mace, and it supposedly hit someone it
and then that can theoretically incapacitate people without actually using
a firearm that fires a solid projectile. You said, well,
(01:10):
you said that that's accurate. Andrew, Yeah, that's that's accurate.
Speaker 6 (01:14):
But my question is I have a relative. It's in
the military, and she has a stalker and protective orders.
Obviously you can just wipe your butt with those because
don't do anything. But with being on the military, she
cannot legally carry a firearm on base. Would she be
able to carry one of those burn A launchers since
(01:35):
they're not technically a lethal or I guess they're a
less lethal option.
Speaker 3 (01:40):
Yeah, I would certainly call it less lethal. But you
know how broad that army regulation is, because I'm sure
it goes beyond firearms quote unquote, and whether that's such
a broad definition as to capture a burn A launcher,
I that I do not know now. The definition of firearm,
it's just a weapon that expels a projectile by means
(02:02):
of an explosion, and in my mind compressed gas uh
can can constitute that. But we don't have any cases
of criminal cases out there that alleged, for instance, a
felon was in possession of a quote unquote firearm because
they had a pellet gun or an air rifle or
a burna. So I don't think it'd be interpreted that way.
But that military that military regulation may be much broader
(02:23):
than just firearms. Andrew and that'd be the first thing
to check, which unfortunately I just don't know.
Speaker 1 (02:27):
Andrew, is her stalker on base? Is it another? Is
it another? Or did we hang up on Andrew?
Speaker 6 (02:35):
No, I'm not here.
Speaker 1 (02:38):
Is her is her stalker on her base?
Speaker 4 (02:42):
Yes?
Speaker 6 (02:42):
Then actually the gun with her and it's just gone
up the chain and they really.
Speaker 1 (02:50):
Aren't doing anything, so we just yeah, that's a huge Yeah,
I'm sorry man.
Speaker 3 (02:58):
Yeah, yeah, that's a tough situation when.
Speaker 1 (03:01):
Up on that that that I mean, Hr, you're commanding officer, I.
Speaker 3 (03:08):
Mean yeah, no, I mean I'd definitely be going up
to chain of command to the extent this person is
also a member of the military, or even a civilian
employee of the military, than her chain of command ought
to be the first one to step in and protect her.
So no, there's there's definitely some more layers that onion
that need to be peeled. Go back to the phone lines,
and Chuck is called Chuck. Welcome to Hammerndel.
Speaker 7 (03:29):
That's kind of funny, Nigel says by h R.
Speaker 1 (03:33):
Yeah, yeah, I HR in the in the military, don't they.
Speaker 4 (03:38):
I thought he.
Speaker 7 (03:39):
Said that she had a restraining order already, so she's
probably talked to a judge. Right, yeah, it takes that's
the issue where restraining order, So I would think that
they've already risen above hr.
Speaker 3 (03:49):
Yeah, did you have something force Chuck?
Speaker 7 (03:52):
Yes, guy, I wanted to ask you a question about
I wanted to ask you. You're probably gonna think I'm
for this one. What are the laws concerning protecting one's property?
What they firearm? I thought I've heard you say in
the past that you could not use a firearm to
only protect your property, like for business owners when the
(04:15):
riots were going on and such. I would assume that
that would go to other citizenry too.
Speaker 3 (04:20):
Right, Yeah, And it's right in the statute. It's right
in the self Defense Statute if you want to look
it up. It's Indiana Co. Thirty five forty one, Dish three,
Dish two, and there's a section.
Speaker 7 (04:33):
Specifically. My question was, I had a couple of people
that live locally, both have animals.
Speaker 3 (04:40):
Yeah, no, have dogs. Yeah.
Speaker 5 (04:42):
Well, one dog.
Speaker 7 (04:42):
Jumped the other one's fence, and that person then shot
at the other person's dog and hit the dog, and
the bullet went through the dog, and they were looking
for the round that had gone off the foundations. So
I know that they had gone through the dog. That
dog survived. By the way, my question was, is that
legal to actually use a gun in city limits to
(05:06):
shoot it an animal? I mean that's property right.
Speaker 3 (05:08):
Well, you got two separate whole questions. One is you
can never use deadly force against a person to merely
to protect your personal property. So not talking about your
home because that's the castle doctor, and that's a whole
different area of the law. But as far as your
personal property, your business. Unfortunately, and Indiana, we've been trying
to get this changed, but it's the way it currently reads.
(05:29):
Your business is just your property like your car or
your wallet or your watch, and the statute is very
clear you cannot use deadly force against a person merely
to protect your property. Now, separate question. If I'm out
walking and a dog attacks me, can I not defend
myself against that dog. What's interesting is the self defense
statute only talks about justifying force against people. There's no
(05:52):
reference to defending yourself against an aggressive animal in the
self defense statute. Still, the way that's usually approached is
you're not going to get charged for that unless local
prosecutors think that you endangered a human by taking that shot.
And I guarantee you in the case you're talking about,
they're looking for where the projectile ended up because they
want to determine if it went in a direction where
(06:14):
somebody was home and there were other people, there are
people outside, whatever it might be to go, Aha, you
endangered another person. For instance, I've had multiple cases where
guys are shooting out on their private property somewhere and around,
escapes their property and ends up in the neighbors siding
of their house. Well, there's somebody home at the time.
They're invariably going to get charged with criminal recklessness with
(06:36):
a deadly weapon, which is a level six felony. And
I've had multiple cases involving animals where somebody shoots at
or shoots an aggressive dog, but there were kids playing
in the area, or there was somebody home across the street,
or somebody cutting their grass. Aha, you endangered that person
by shooting at the aggressive animal. And it's very easy
to get charged, not only charged, but charged with a
felony in that situation. Or do we want to take
(07:01):
a break, Yeah, you want you want to take a break,
I'll tell you we've got somebody else calling in online.
One We've got John and Kevin and Mark still on holds.
We'll go right back to the phone lines.
Speaker 2 (07:10):
We got seventy five and clouds at the American Standard Cooling.
Speaker 1 (07:13):
Weather Center in ninety three WIBC.
Speaker 2 (07:15):
I'm Nigel Guy Ralford, two way attorney, Licensed Firearms Instructor.
We're in the middle of Ask the Gun Guy and
we have five minutes.
Speaker 3 (07:24):
Who's next, Let's go to John has been on hold
for a while. John, thanks for calling. Welcome to him
or Nigel, Hey.
Speaker 5 (07:31):
Thank you for having me. Got kind of a two
part question, both of which have to do with I'm
a convicted talent. I used to do a lot of
hunting when I was younger, and now my son's at
twelve years old and I want to get him into hunting.
I've thought about bow hunting, but I don't know what
restrictions there are if they're already with going to a bow.
(07:51):
I have heard about muzzle loaders, possibly, but I'll ever
be able to own a firearm and my son, I
don't know if there's any ways to be able to
get him where you have one outside of being an
adult on his own.
Speaker 3 (08:04):
Yeah, there's not a law that says you can't own
archery equipment as a convicted felon, depending on what level
fellon you might be, and we won't go into that
on the radio, but black powder, if you're a serious
violent felon in Indiana, that we still prohibit that. Otherwise,
the definition of an antique firearm if a muzzle order
(08:26):
meets the definition of antique, and it's a long definition,
but if it meets that explanation, then it's an exception
to the federal law that says you can't possess a
firearm with any felony conviction. But I'll tell you what,
if your conviction was long enough ago, if it was
over eight years ago, I'd look into expungement. Let's get
that sucker expunged off your record. If it's eligible. Not
(08:48):
all convictions are, but a lot are. We'll get that
expunged off your record and restore your right. So I'd
look at it in that order.
Speaker 1 (08:56):
Is it bad? I always want to ask them what
their felonies were. Yeah, well, yeah, I mean I want
to know.
Speaker 3 (09:02):
Yeah, you know, I always worry we give their first name,
and then you know their employer might be listening or something.
Speaker 1 (09:08):
I just get it.
Speaker 3 (09:08):
Sometimes I don't want to pry. Let's go back to
their phone lines. Mark has called Mark.
Speaker 4 (09:13):
Welcome to Hammer and Nigel, guys, thanks for taking my call. Sure,
I just have a quick question. I attend a church
that has a K through eight school on the property. Yeah,
a couple of days a week they have an all
school mass. Is there any time I'm allowed to carry
(09:33):
into church services, whether it be on the weekend when
school isn't in session, or am I allowed to carry
even on those days with schools in session and the
students are in the church.
Speaker 3 (09:44):
Well, the good news is is we changed that law
in twenty nineteen and I was heavily involved in this.
I fought hard for this. And what that says is
that that now if you're attending a worship service or
religion ceremony, worship service or religious ceremony on school property,
(10:06):
because by having a school on the same property or
in the same building, it's all church. It's all school property.
Rather so it used to be before twenty nineteen, if
a church was on the same property with a school,
you could never carry in the church. Even though there's
not a separate law that can't carry in a church,
there's a law that can't carry in a school. So
in twenty nineteen we said, now we change the law,
(10:26):
and it law now says, if you're attending a worship
service or a religious ceremony in a house of worship,
then you can lawfully carry any firearm that you're otherwise
able to lawfully carry. In other words, if you have
a license or you're carrying under constitutional carry, you can
now carry while you're attending a worship service or a
religious ceremony, or as an employee or volunteer performing your
(10:50):
duties for the house of worship. Employee, volunteer, or attending
a worship service in any house of worship, even though
it's on school property, you can now legally carry. Let's
go bad, We've got about a minute. Yeah, go ahead,
let's do one more. Greg has called Greg. Welcome to him, Nagel.
Speaker 8 (11:07):
Hey, I appreciate you guys taking my call, and yeah,
I've said a quick question, I.
Speaker 1 (11:12):
Kind of take you.
Speaker 8 (11:12):
Backing off of two phone calls a day, I have
a felony over ten years ago, non violent, and I'm
going to get it expunged because we've had a couple
of cases where my wife and my son have gone
to target on the South side, like near Greenwood, and
there was a potential child abduction of my son, and
(11:35):
for that to happen and for me to feel like
I can't protect him, it's really getting to me. So
I'm just trying to figure out the next steps of
like once I get it expunged, how long does that
process cage?
Speaker 3 (11:48):
Well, as soon as it's as soon as the FBI
updates your national criminal history, which the state police actually
helps them do, and so it can be pretty darn quick.
Expungements pretty a pretty quick process, usually within sixty days.
Then they update the national criminal histories and your rights
are restored.
Speaker 2 (12:06):
Hey, coming up next an update on the Mark Sanchez arrests.
A lawsuit has been filed. More on that in just
a few minutes. It's The Hammer and Nigel Show ninety
three WIBC
Hammer and Michael show Man.
Speaker 2 (00:06):
My name is Guy Joel Guy Ralford, the gun guy
filling in for Jason Hammer.
Speaker 1 (00:10):
We the I mean, I guess the phone banks are full.
We're gonna do ask the gun guy any.
Speaker 2 (00:15):
Two way related questions, and he's any criminal law related
questions two three nine three.
Speaker 1 (00:22):
I'll let you take over, Bud.
Speaker 3 (00:25):
Let's go right to the phone lines. And Andrew has called Andrew.
Welcome to Hammer and Nigel.
Speaker 4 (00:31):
Good affterda, gentlemen, how are you good?
Speaker 5 (00:34):
Hey?
Speaker 6 (00:34):
Uh, you may or may not know the answer to
this guy, and if you don't, I kind of hope
you can put me in the right direction. I'm sure
you're familiar with the burner launchers.
Speaker 1 (00:43):
Oh yeah, okay, so.
Speaker 3 (00:47):
And by the way, for people who don't know, these
things fire what's essentially a pepper ball. It's a ball
that has some of the same components in it as
oc spray or mace, and it supposedly hit someone it
and then that can theoretically incapacitate people without actually using
a firearm that fires a solid projectile. You said, well,
(01:10):
you said that that's accurate. Andrew, Yeah, that's that's accurate.
Speaker 6 (01:14):
But my question is I have a relative. It's in
the military, and she has a stalker and protective orders.
Obviously you can just wipe your butt with those because
don't do anything. But with being on the military, she
cannot legally carry a firearm on base. Would she be
able to carry one of those burn A launchers since
(01:35):
they're not technically a lethal or I guess they're a
less lethal option.
Speaker 3 (01:40):
Yeah, I would certainly call it less lethal. But you
know how broad that army regulation is, because I'm sure
it goes beyond firearms quote unquote, and whether that's such
a broad definition as to capture a burn A launcher,
I that I do not know now. The definition of firearm,
it's just a weapon that expels a projectile by means
(02:02):
of an explosion, and in my mind compressed gas uh
can can constitute that. But we don't have any cases
of criminal cases out there that alleged, for instance, a
felon was in possession of a quote unquote firearm because
they had a pellet gun or an air rifle or
a burna. So I don't think it'd be interpreted that way.
But that military that military regulation may be much broader
(02:23):
than just firearms. Andrew and that'd be the first thing
to check, which unfortunately I just don't know.
Speaker 1 (02:27):
Andrew, is her stalker on base? Is it another? Is
it another? Or did we hang up on Andrew?
Speaker 6 (02:35):
No, I'm not here.
Speaker 1 (02:38):
Is her is her stalker on her base?
Speaker 4 (02:42):
Yes?
Speaker 6 (02:42):
Then actually the gun with her and it's just gone
up the chain and they really.
Speaker 1 (02:50):
Aren't doing anything, so we just yeah, that's a huge Yeah,
I'm sorry man.
Speaker 3 (02:58):
Yeah, yeah, that's a tough situation when.
Speaker 1 (03:01):
Up on that that that I mean, Hr, you're commanding officer, I.
Speaker 3 (03:08):
Mean yeah, no, I mean I'd definitely be going up
to chain of command to the extent this person is
also a member of the military, or even a civilian
employee of the military, than her chain of command ought
to be the first one to step in and protect her.
So no, there's there's definitely some more layers that onion
that need to be peeled. Go back to the phone lines,
and Chuck is called Chuck. Welcome to Hammerndel.
Speaker 7 (03:29):
That's kind of funny, Nigel says by h R.
Speaker 1 (03:33):
Yeah, yeah, I HR in the in the military, don't they.
Speaker 4 (03:38):
I thought he.
Speaker 7 (03:39):
Said that she had a restraining order already, so she's
probably talked to a judge. Right, yeah, it takes that's
the issue where restraining order, So I would think that
they've already risen above hr.
Speaker 3 (03:49):
Yeah, did you have something force Chuck?
Speaker 7 (03:52):
Yes, guy, I wanted to ask you a question about
I wanted to ask you. You're probably gonna think I'm
for this one. What are the laws concerning protecting one's property?
What they firearm? I thought I've heard you say in
the past that you could not use a firearm to
only protect your property, like for business owners when the
(04:15):
riots were going on and such. I would assume that
that would go to other citizenry too.
Speaker 3 (04:20):
Right, Yeah, And it's right in the statute. It's right
in the self Defense Statute if you want to look
it up. It's Indiana Co. Thirty five forty one, Dish three,
Dish two, and there's a section.
Speaker 7 (04:33):
Specifically. My question was, I had a couple of people
that live locally, both have animals.
Speaker 3 (04:40):
Yeah, no, have dogs. Yeah.
Speaker 5 (04:42):
Well, one dog.
Speaker 7 (04:42):
Jumped the other one's fence, and that person then shot
at the other person's dog and hit the dog, and
the bullet went through the dog, and they were looking
for the round that had gone off the foundations. So
I know that they had gone through the dog. That
dog survived. By the way, my question was, is that
legal to actually use a gun in city limits to
(05:06):
shoot it an animal? I mean that's property right.
Speaker 3 (05:08):
Well, you got two separate whole questions. One is you
can never use deadly force against a person to merely
to protect your personal property. So not talking about your
home because that's the castle doctor, and that's a whole
different area of the law. But as far as your
personal property, your business. Unfortunately, and Indiana, we've been trying
to get this changed, but it's the way it currently reads.
(05:29):
Your business is just your property like your car or
your wallet or your watch, and the statute is very
clear you cannot use deadly force against a person merely
to protect your property. Now, separate question. If I'm out
walking and a dog attacks me, can I not defend
myself against that dog. What's interesting is the self defense
statute only talks about justifying force against people. There's no
(05:52):
reference to defending yourself against an aggressive animal in the
self defense statute. Still, the way that's usually approached is
you're not going to get charged for that unless local
prosecutors think that you endangered a human by taking that shot.
And I guarantee you in the case you're talking about,
they're looking for where the projectile ended up because they
want to determine if it went in a direction where
(06:14):
somebody was home and there were other people, there are
people outside, whatever it might be to go, Aha, you
endangered another person. For instance, I've had multiple cases where
guys are shooting out on their private property somewhere and around,
escapes their property and ends up in the neighbors siding
of their house. Well, there's somebody home at the time.
They're invariably going to get charged with criminal recklessness with
(06:36):
a deadly weapon, which is a level six felony. And
I've had multiple cases involving animals where somebody shoots at
or shoots an aggressive dog, but there were kids playing
in the area, or there was somebody home across the street,
or somebody cutting their grass. Aha, you endangered that person
by shooting at the aggressive animal. And it's very easy
to get charged, not only charged, but charged with a
felony in that situation. Or do we want to take
(07:01):
a break, Yeah, you want you want to take a break,
I'll tell you we've got somebody else calling in online.
One We've got John and Kevin and Mark still on holds.
We'll go right back to the phone lines.
Speaker 2 (07:10):
We got seventy five and clouds at the American Standard Cooling.
Speaker 1 (07:13):
Weather Center in ninety three WIBC.
Speaker 2 (07:15):
I'm Nigel Guy Ralford, two way attorney, Licensed Firearms Instructor.
We're in the middle of Ask the Gun Guy and
we have five minutes.
Speaker 3 (07:24):
Who's next, Let's go to John has been on hold
for a while. John, thanks for calling. Welcome to him
or Nigel, Hey.
Speaker 5 (07:31):
Thank you for having me. Got kind of a two
part question, both of which have to do with I'm
a convicted talent. I used to do a lot of
hunting when I was younger, and now my son's at
twelve years old and I want to get him into hunting.
I've thought about bow hunting, but I don't know what
restrictions there are if they're already with going to a bow.
(07:51):
I have heard about muzzle loaders, possibly, but I'll ever
be able to own a firearm and my son, I
don't know if there's any ways to be able to
get him where you have one outside of being an
adult on his own.
Speaker 3 (08:04):
Yeah, there's not a law that says you can't own
archery equipment as a convicted felon, depending on what level
fellon you might be, and we won't go into that
on the radio, but black powder, if you're a serious
violent felon in Indiana, that we still prohibit that. Otherwise,
the definition of an antique firearm if a muzzle order
(08:26):
meets the definition of antique, and it's a long definition,
but if it meets that explanation, then it's an exception
to the federal law that says you can't possess a
firearm with any felony conviction. But I'll tell you what,
if your conviction was long enough ago, if it was
over eight years ago, I'd look into expungement. Let's get
that sucker expunged off your record. If it's eligible. Not
(08:48):
all convictions are, but a lot are. We'll get that
expunged off your record and restore your right. So I'd
look at it in that order.
Speaker 1 (08:56):
Is it bad? I always want to ask them what
their felonies were. Yeah, well, yeah, I mean I want
to know.
Speaker 3 (09:02):
Yeah, you know, I always worry we give their first name,
and then you know their employer might be listening or something.
Speaker 1 (09:08):
I just get it.
Speaker 3 (09:08):
Sometimes I don't want to pry. Let's go back to
their phone lines. Mark has called Mark.
Speaker 4 (09:13):
Welcome to Hammer and Nigel, guys, thanks for taking my call. Sure,
I just have a quick question. I attend a church
that has a K through eight school on the property. Yeah,
a couple of days a week they have an all
school mass. Is there any time I'm allowed to carry
(09:33):
into church services, whether it be on the weekend when
school isn't in session, or am I allowed to carry
even on those days with schools in session and the
students are in the church.
Speaker 3 (09:44):
Well, the good news is is we changed that law
in twenty nineteen and I was heavily involved in this.
I fought hard for this. And what that says is
that that now if you're attending a worship service or
religion ceremony, worship service or religious ceremony on school property,
(10:06):
because by having a school on the same property or
in the same building, it's all church. It's all school property.
Rather so it used to be before twenty nineteen, if
a church was on the same property with a school,
you could never carry in the church. Even though there's
not a separate law that can't carry in a church,
there's a law that can't carry in a school. So
in twenty nineteen we said, now we change the law,
(10:26):
and it law now says, if you're attending a worship
service or a religious ceremony in a house of worship,
then you can lawfully carry any firearm that you're otherwise
able to lawfully carry. In other words, if you have
a license or you're carrying under constitutional carry, you can
now carry while you're attending a worship service or a
religious ceremony, or as an employee or volunteer performing your
(10:50):
duties for the house of worship. Employee, volunteer, or attending
a worship service in any house of worship, even though
it's on school property, you can now legally carry. Let's
go bad, We've got about a minute. Yeah, go ahead,
let's do one more. Greg has called Greg. Welcome to him, Nagel.
Speaker 8 (11:07):
Hey, I appreciate you guys taking my call, and yeah,
I've said a quick question, I.
Speaker 1 (11:12):
Kind of take you.
Speaker 8 (11:12):
Backing off of two phone calls a day, I have
a felony over ten years ago, non violent, and I'm
going to get it expunged because we've had a couple
of cases where my wife and my son have gone
to target on the South side, like near Greenwood, and
there was a potential child abduction of my son, and
(11:35):
for that to happen and for me to feel like
I can't protect him, it's really getting to me. So
I'm just trying to figure out the next steps of
like once I get it expunged, how long does that
process cage?
Speaker 3 (11:48):
Well, as soon as it's as soon as the FBI
updates your national criminal history, which the state police actually
helps them do, and so it can be pretty darn quick.
Expungements pretty a pretty quick process, usually within sixty days.
Then they update the national criminal histories and your rights
are restored.
Speaker 2 (12:06):
Hey, coming up next an update on the Mark Sanchez arrests.
A lawsuit has been filed. More on that in just
a few minutes. It's The Hammer and Nigel Show ninety
three WIBC
Popular Podcasts
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com
The Joe Rogan Experience
The official podcast of comedian Joe Rogan.