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Does Government Have Right to Determine What Weapons People Can Own?

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    Attorney Faith Jenkins and FOX News legal analyst Arthur Aidala on the White House’s stance on firearms.

  • Duration 9:34
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Vice president Joseph Biden pushing house Democrats hard on gun control Biden -- members attending they.

Democratic Party retreat that he is steadfast.

In his belief that the federal government can declare your guns -- -- It's recognized without a doubt now from livestock is clearly within the power of the government to determine what type of weapons.

-- you know.

By the public.

-- the public.

By the public at the citizen -- Well someone argued that the constitution specifically prohibits and limits the government.

But it appears this administration is intent on infringing on.

Our rights to keep and bear arms joining us how to assess all of this criminal defense attorney Fox News contributor Arthur Idaho law.

Turning former criminal prosecutor major -- to have you both here.

Can you believe that the vice president Nancy just relegated all of us to just being members of public rather than citizens -- extraordinary -- language.

I took that to mean -- the American citizens citizenry so I didn't really make a distinction like he immediately well I just wondered -- the vice president made a distinction.

Well I think it was just a -- speech I didn't I didn't really taking so it sounds as you -- so generously interpret the vice president you might agree with his view well I.

-- -- -- -- Like to a certain extent I mean let's look at what the Supreme Court said in Heller about the second and remember what Justice Scalia saying he's -- at the -- -- -- -- doesn't rule you have the right to bear.

Any kind you can't carry around eighty types of wet ends up.

Any given time -- Bob we never argued here so there -- living -- I think that's what does the agree vice president with thanking.

Well first of -- -- say that Vice President Biden may be known for a lot of things his oratory have you.

I don't -- the top of the list -- amusing public citizenry he actually said some other sort of phrase before that it didn't make any sense in the English language so.

Mean that is it may -- what is -- sensible we're who have yet.

He just didn't.

The the give them the case was speaking as a lawyer and putting politics aside.

Justice Scalia and I would say Scalia and Biden probably -- on the same page too often right.

So still we have said it is it's the law of the land that everyone's entitled to.

Possess a web OK but that the -- and then.

A legal product coming a couple of years later and say every State's it's applies to do on the due process -- to every state however they said.

This stage can regulated so that they can't -- -- -- tighten up until that weapon.

But you can't have a F fourteen fighter plane and you backyard he can't have a bazooka we can't have I.

And -- There but the case was about I believe handgun that was about yeah it was about him and the president and to Dianne Feinstein are all talking about now suddenly.

And guns as well.

Is also ruled in in Chicago with a 21 of the toughest if not the top the surviving -- -- law.

Iraq.

You know enough already everybody gets straight this government is not going to be telling the American people what to do so long as we are possessed of -- Second Amendment.

And I got -- see.

What is the difference here if now the government can start to encroach on the second.

The fourth.

The fourteenth.

The first -- -- -- England web because you're you're basically you've got to.

Thank you again as until next conversation about the drones because that well that's right all -- right now that the constitution is based this is.

Same administration that is sending out drones and by the way no one hates a radical Islamist terrorists more than I do right and wants to kill the more than I do.

But if that person as an American citizen I do not want their rights suspended I want -- judicial proceeding and I want to keep finding.

In order to kill that person I.

Because I mean it's crazy what they're doing.

I understand -- -- you the opposite argument from.

The government right now is that any solely on the processing catching these people the standard is.

Mean we we've heard a couple of actors -- -- -- -- consider it.

This person has to be a person of imminent threat and -- damned if they -- not getting.

-- a passing interest in the United States.

And they are injuring Americans or America they got.

Very simple.

But we're talking about those instances where there is not a judicial proceeding where there could well be.

We are talking about instances that are not imminent.

And I don't recipient and let me put this in context for folks are gonna have a need -- sort of a knee jerk reaction -- this perhaps.

Jennifer -- Thomas Department of Homeland Security in 2011.

Issued a report on potential threat of terrorism in this instance right wing extremism which was categorized as military veterans.

People -- -- -- pro life.

People who support states' rights.

Or are against illegal immigration as potential terrorists.

They would be within that very same.

Process because they would be acting against in the judgment of a -- interest to the United States and imminent threat.

Are you kidding me these are the kind of people we're gonna -- that kind of power to -- -- you and me you know.

Obviously it's very scary but I -- when when you start talking about people on the mainland and being -- by his terrorist.

And we can go after them without due process which is the foundation of this country.

I think the balancing test that whoever's in charge of of the military in the making decisions are boom.

We put 25 young men Americans.

Their lives at risk to go capture this one American overseas.

And bring him back here to face our justice system.

What about the critic I'm not an that we don't get -- suggesting that official I -- -- -- -- -- I'm suggesting that there is a judicial proceeding but I.

Yeah can bring -- to the -- You want to slow down the process that it and and these are people who don't let you are aren't gonna slowdown -- let me say I wanna slow -- down you just watched.

Hearing in Washington DC.

In which the secretary no longer but the former us secretary of defense.

That the chairman of the Joint Chiefs of Staff.

Admitted that the secretary of state was -- -- been engaged during the attack on -- Ghazi.

That we didn't respond urgently in forth worth to his credit senator Lindsey Graham.

Brought up I thought extraordinary testimony which not knowing how long it would take they didn't even respond to -- of lines of four Americans and you're going to get this.

People the power.

What are executed Americans that Iraq without a processed.

Egypt I should never be done this is this is a hollow.

And absolutely incompetent so if you -- in leadership let's just say it's a self defense thing if you do and you -- like -- on Lawton and in Florida right.

If he's saying I had I was justified to kill this person this American self defense is an entirely different -- but.

Well it's the same -- that the dividends.

The defense exhibit where they ever for all yet that it was felt bad here the government doesn't have to prove what you really on saying none.

-- wants to have to deal with this thing out in the open and now and in the -- -- We want the CIA our intelligence agencies are paramilitary.

To handle advice is we don't want idiots.

But -- rephrase that as we do not want interference from those who are otherwise.

Better occupied and other offices.

I intruding.

Because effectively and -- working its the United States.

But I don't want the president involved in that I just do not want that but political office because we have a different world now.

We have political offices within the White House it's politics in its governance and by -- on any day you can't tell which is.

Pre eminent in their concerns right yet but right Republican or to what the president gets the big money involved in the offices.

I mean I think the concern is going to be the -- and capturing individuals who are -- -- who have been determined to be.

People who oppose an imminent the -- I think that's what we're talking about here with with these drone strikes I mean if we.

I -- -- every -- every citizen in this country could be very comfortable with idea.

The drones or fire burned out no absolutely not and that's what's happening to the except that's what's actually -- like this is the worst case you really are no longer have any right.

He's Olivier -- no longer offer is why they think at this point should be the ramifications of those -- -- are just and I keep saying it.

I still think there's an American citizen you're entitled to fight but nobody in the violation that nothing more than -- away without his due process what you got you I don't know -- I you're talking about.

Withdrawal Lake Superior talking about the American citizen that was that was killed -- what.

I wish we had time to a -- I -- I thought that I I want.

I want attorneys in this country.

Representing.

We members of the public who prefer to be called citizen's.

Representing our rights and insisting on law and order because what is transpiring here is not lawful.

Does not think America -- I don't -- -- something other than Americans.

When we engage in this nonsense.

And I really think it's time for both parties understand it's time to clean up our thinking -- -- conduct.

And especially Robert government thank god why I don't expect I got an expert -- -- more.