mr. dumont, i asked mr. clement about intermediate scrutiny and the record in this case. how do you respond to his argument here that the declaration by the professor -- i think the county submitted the professor's affidavit. >> that's correct. >> he said it's not worth much. >> the affidavit has in it in the voice of an expert who is a long-standing and very experienced professor a variety of statements which do support points that i want to get to in a moment about the degree of danger that concealed or open carry, personal carry in public spaces impose. if the court feels that the -- i do think you have to understand that the record here was built at a time when the law was very different as to unloaded open carry. well that's the main difference. and i don't think it would be appropriate to resolve this case, at least on any broad basis, on the basis of that record. if the court feels that the record here is not sufficient to support the state's and county's positions, in the way that the case has developed i would suggest the right thing to do is to reverse the summa