AR-15 Ammunition And Barrel Twist Rate

Herschel Smith · 19 Feb 2017 · 7 Comments

There are a lot of articles and discussion forum threads on barrel twist rate for AR-15s.  So why am I writing one?  Well, some of the information on the web is very wrong.  Additionally, this closes out comment threads we've had here touching on this topic, EMail exchanges I've had with readers, and personal conversations I've had with shooters and friends about this subject.  It's natural to put this down in case anyone else can benefit from the information.  Or you may not benefit at…… [read more]

Opposition To Open Carry Is About Shaming Gun Owners

BY Herschel Smith
2 weeks, 3 days ago

I want to cover this ground one more time for good measure.  The lawmakers in South Carolina are toying with constitutional carry, and this is a small step forward for liberty, but the largest step has yet to be taken and is still opposed by the power brokers in South Carolina.  Open carry.

Please realize that as gun owners, you’ve been conditioned to be embarrassed and ashamed of the fact that you own and carry weapons.  What was once considered poor taste, ill-bred and even criminal, hiding your weapons, is now required of you in order to keep them out of sight of all of the offended parties.

You’ve been taught that all of your gun owning life.  You have holsters for concealed carry.  Instructors and trainers are there to teach you to draw and present from concealment.  You know all of the applicable laws on concealed carry for your state.  There are entire posts and videos on carrying in non-permissive environments.  It’s even in vogue for the gun community to criticize open carry and viciously attack open carriers, with largely irrelevant and ridiculous notions of tactical advantages on concealment.  Those advantages, as you know, cannot be demonstrated to be advantages with any statistical significance that meets the Central Limit Theorem.  Finally, the tactical advantages of open carry, which is quicker draw and presentation, is largely ignored in these conversations.

Comfort is largely irrelevant to the conversation, as is the fact that you’re sweating and dirtying your weapon with IWB carry.  All of these things are signs and symptoms of the fact that gun owners have been taught by society to respond like dogs or other pets by “operant conditioning.”  The first time you ever openly carried caused you some degree of self consciousness, didn’t it?  Just go ahead and admit it.  It’s useful to demonstrate my point.

Gun owners, and in particular open carriers, are treated like second class citizens, inferior men, uncouth savages, like those who have no etiquette, when exactly the opposite would have been true two hundred years ago.  That’s one reason I openly carry when I can.  In some small way I want to change all of this.  I open carry “For the peace, good and dignity of the country and the welfare of its people.”  So should you.

“Bearing Arms” Continues The Irrational Hatred For Open Carriers

BY Herschel Smith
1 month, 2 weeks ago

Bob Owens and I always disagreed on open carry, and I told him so very plainly.  It looks like the visceral, emotional, irrational hatred for open carriers continues in Bob’s absence with a writer named Tom Knighton.

There’s a lot of debate that takes place around the idea of open carry. Many argue that open carry is tactically stupid as it makes it clear to any potential bad guy who to take out first during a robbery. Others counter with arguments about how open carry initiates conversations about the Second Amendment and our right to keep and bear arms.

Both are good points, but for one open carrier in Fayetteville, NC, open carry isn’t such a grand thing these days.

[ … ]

Officers arrived and discovered that a man had grabbed a gun off another man who was open-carrying the weapon. The man who grabbed the gun then ran off.

Of course, this illustrates one of the main problems with open carry. Besides freaking out the uninitiated citizen, it also makes yourself a target for crap like this.

To be sure, there are things you can do to mitigate this kind of thing. First, look at your holster and see how easily it is to draw from someone else’s hip. I’ve found that some holsters are very easy to draw from when they’re no your hip, but not so much when they’re on someone else’s.

Also, look at learning some weapon retention techniques. These are, in my opinion, a good idea for anyone who is carrying a firearm, whether open or concealed. The last thing you want is for your decision to rely solely on stealth to come back and bite you in the rear should someone figure out you’re packing.

That said, stealth–in other words, carrying concealed–is the best way in which to carry as a general rule. If you want to make a statement, that’s fine, but don’t expect anyone to listen to you when they’re concerned about the heater on your hip. Some will, but a lot more won’t.

But if you’re serious about protecting yourself and others with a firearm, carry it concealed. Doing so means that not only will you minimize your chances of being murder target number one in the event of a robbery, but you’ll also help make sure that you actually have your gun at that key moment, rather than having lost it to some schmuck in a local Walmart who snatched it and ran off.

Folks, if we want to be considered responsible gun owners, we need to act like it. That means not advertising what we have so would-be thieves like this can grab a hold of our weapons and run for the hills. The last thing any of us want is to help arm criminals, but just what do you think happened with this weapon?

This is an idiotic commentary.  First of all, I absolutely hate the words “packing” for carrying (concealed or openly), and “heater” for firearm.  It comes across as fifth grade level writing (or worse, something a MSM “journalist” would say, but maybe I’m being redundant).  It’s language like this that serves to poorly educate the public rather than open carry.  I don’t “pack a heater,” and neither should you.  I carry a firearm.

He states that “Many argue that open carry is tactically stupid as it makes it clear to any potential bad guy who to take out first during a robbery.”  I’ve made it clear what I think about that argument.

I’ve stated before that you get to hide the fact that you’re carrying a gun to a perpetrator is the most hideously awful argument against open carry I can conceive.  It’s tactically absurd, inasmuch as if the perpetrator intends to perpetrate a crime, he’s going to regardless of whether you have a gun.  You will still have an opportunity to prevent it, and it’s more likely that you’ll be the first to engage the perpetrator.

That’s not a bad outcome unless you wish to see women and children perish before you do.  “Greater love hath no man than this, that a man lay down his life for his friends” (John 15:13).  I’m not knocking concealed carriers as cowards.  Much of the time I’m a concealed carrier when circumstances prevent me from open carry.  I’m knocking those who knock open carry for the reason that a concealed carrier gets to wait to engage.  I don’t carry a weapon in order to wait to engage.  You don’t hear LEOs making the argument that openly carrying their weapon is a tactical disadvantage.  Let’s don’t look stupid by making that argument for ourselves.

Next, he charges open carriers like me with being irresponsible and unserious.  I’m simply befuddled where he would come up with something like that or why he would make that charge.  He gives no reasons at all, he just reacts like a schoolgirl to something he read in the news.  If he wishes to demonstrate that he can present from a concealed position faster and more reliably than I can present from an open position, I’m waiting and I’ll take the challenge any time.  And while I don’t want to appear “holier than thou,” it’s better for me to engage first and be the one a perpetrator shoots at than some woman or child, even ones I don’t know.

So if you’re an open carrier, use this as a great learning example and do better than the man in the report.  Be more vigilant and aware of circumstances, and wear a retention holster.  I am and I do.  Next, he states unequivocally that more people won’t listen to us than do listen.  He doesn’t really know that, he just made it up.  I’ve had many conversations with folks asking me about it (from the perspective of God-given rights to the laws in my state), and while I initially took the position that I open carry because I simply hate concealed carry and I sweat my weapon, I have morphed to a position of speaking out and trying to educate with my practice of openly carrying.  I think it makes good sense, or otherwise I wouldn’t do it.

I’m guessing it’s been more than a year since I’ve read anything at Bearing Arms, and now I know why.  This is simply awful firearm commentary.  They should be doing a much better job of arguing for and discussing what we see as our God-given rights rather than trying to make sure they run to the crumbs that fall from the master’s table.  At one time open carry was the common practice in America, and it was considered uncouth, crass, ill-bred and even criminal to conceal your weapons.

We should return to that practice, and the only way to do that, other than changes to the law, is educating an ignorant public.  As I’ve said, I open carry “For the peace, good and dignity of the country and the welfare of its people.”  Just so.

Arkansas Governor Asa Hutchinson Writes That Open Carry Is The Law In Arkansas

BY Herschel Smith
1 month, 3 weeks ago

But wait, that’s not the whole story.

Governor Asa Hutchinson has informed the Arkansas State Police that he believes a 2013 law made open carry of hand guns the law of the land in Arkansas and they should act accordingly.

There is, as yet, no definitive court case that substantiates this view of the law. Ever since its passage, a debate has raged over the law’s meaning. Some contended it was merely meant to be a technical correction to Arkansas law that long had allowed the carrying of weapons on a “journey,” but not in all circumstances. Gun advocates argued that the wording validated open carry. Critics argue that such an expansive view might override some of the restrictions in law on where concealed weapons may be taken.

The governor’s letter comes as he faces a challenge in the Republican primary from Jan Morgan, a gun range owner who’s depicted Hutchinson (a former spokesman for the NRA) as somehow soft on guns (she was critical of some limitations added to the campus carry legislation, among others). His opinion carries no force of law, but the directive to an executive agency will have the effect of guiding state troopers, as indicated by a notice sent yesterday to troopers by Col. Bill Bryant, director of the State Police.

Context: An off-duty trooper in 2014 arrested a man who was carrying a weapon in a Searcy Walmart. He was acquitted of an obstruction of governmental operations misdemeanor charge, but lost a lawsuit at the circuit court level in which he sought to have his concealed carry permit restored. Judge Wendell Griffen rejected James Tanner’s argument that the 2013 law allowed open carry so long as no unlawful intent was present. The judge called that interpretation “senseless.” The judge ruled Tanner wasn’t entitled to get his license back because he openly carried a concealed weapon as a permit holder and refused to provide identification to an officer who asked for it. That case has not been appealed, court records indicate.

Attorney General Leslie Rutledge issued an official opinion in 2015 that indicated open carry was legal in Arkansas, but she also commented that confusion about the 2013 law suggested clarification would be useful. Her predecessor, Dustin McDaniel, had opined the law was only a technical correction, not legalization of unlimited open carry.

Rutledge also enumerated these caveats about open carry:

* Law officers can freely question anyone openly carrying a weapon about their purpose.

* Other statutes prohibit open carry in certain circumstances — in government buildings such as the Capitol, for example.

* Private property owners are entitled to keep firearms off their property, and armed people who refuse to leave can be prosecuted for trespass.

* The law doesn’t affect concealed carry statutes. All carrying concealed weapons still must comply with permitting and other requirements.

By “soft on guns,” Morgan means that Asa isn’t the gun rights supporter he purports to be.

Hutchinson hasn’t been hard enough on the gays and the transgenders; he once took a meeting with gun control advocates; he wouldn’t sign a meaningless anti-Sharia law bill; he’s supported the continuation of the Obamacare Medicaid expansion.

Arkansas is in fact a stop and identify state, but only for loitering.  The judge that decided the case against the open carrier, Wendell Griffen, is clearly an idiot and communist.  Expect the police to ignore the governor’s edict and work towards their communist ends.

As for the governor’s race, I don’t know what will happen.  But Arkansas is as much a mess as every other state.

Open Carry In Publix Grocery Store In Gastonia North Carolina

BY Herschel Smith
5 months, 3 weeks ago

So I was shopping in Publix grocery store this weekend, and ask a manager about their policy on open carry.  I thought I had seen folks engaging in open carry there, but I told the manager that I knew businesses can have their own policies, which I support, and I didn’t want this to be awkward for them if I come back openly carrying.

He informed me that he has a number of customers who open carry, and Publix follows the laws of the state.  There is no problem with it at that store.  I appreciate their stand on the issue, and I will certainly reward them by continuing to shop there.

In case we’ve never discussed this before (and I think we have), I open carry because I hate concealed carry and told the manager so.  But there is a larger and more important reason.  I open carry “For the peace, good and dignity of the country and the welfare of its people.”  I owe that expression to Jeremy Bryant.

States Where Open Carry Is Permissible

BY Herschel Smith
5 months, 3 weeks ago

Breitbart:

This means 12 states recognize the Second Amendment as your concealed carry permit. The states are Alaska, Arizona, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, West Virginia, and Wyoming.

I’m not quite sure where Hawkins gets his information, but 30 states allow unpermitted open carry, my own state of North Carolina being one of them.  Fifteen states allow permitted open carry, and open carry is only prohibited in five states: California, Illinois, Florida, New York and South Carolina.

It should be embarrassing to South Carolinians that you’re on the same list as California and New York.

Update On Open Carry Of Firearms In North Carolina State Parks

BY Herschel Smith
6 months ago

If you will recall, I discussed signage in Mount Mitchell State Park that led me to file a complaint.  I had an extended email conversation with Bryan Dowdy with the North Carolina State Park Service.  It is reproduced below.

Mr. Smith,

Your email complaint was forwarded to me for a reply.

The ‘Welcome To’ sign as pictured in your post is correct.   Per North Carolina Administrative Code, 07 NCAC 13B .0901(a) and (b), FIREARMS;  The possession of firearms whether they are openly carried or carried concealed are prohibited in / on all North Carolina State Parks lands and waters unless a person has a valid concealed handgun permit and thus that person may possess a concealed handgun provided they are adhering to the requirements set forth in G.S. 14-415.11.  There are three exceptions to this Rule in that the State Park lands and waters at Falls Lake, Jordan Lake and Kerr Lake State Recreation Areas are owned by the U.S. Army Corps of Engineers and subject to separate federal regulations governing firearms.

I have included the applicable NC Administrative Code below for your information.

Additionally, we do not permit hunting on State Parks lands (including at Mount Mitchell State Park) so anyone openly carrying a weapon or hunting black bear or other animals on the State Park would be unlawful.  You may be confused with the US Forest Service lands and/or North Carolina Wildlife Game lands which border State Park lands around Mount Mitchell State Park which do allow limited hunting.

SECTION .0900 – FIREARMS: EXPLOSIVES: FIRES: ETC.

07 NCAC 13B .0901 FIREARMS: WEAPONS: EXPLOSIVES

(a) Except as provided in Paragraph (b) or G.S. 14-269, no person except authorized park employees, their agents, or contractors, shall carry or possess firearms, air guns, air soft guns, paint ball guns, bows and arrows, sling shots, or lethal missiles of any kind within any park.

(b) A person with a valid concealed handgun permit issued by one of the United States that adheres to the requirements set forth in G.S. 14-415.11 may carry a concealed handgun on the grounds and waters of a state park. Persons acting under this exception should take notice that certain Division managed properties are owned by the U.S. Army Corps of Engineers and subject to separate regulations governing firearms. Accordingly, concealed handguns are prohibited at Falls Lake, Jordan Lake and Kerr Lake State Recreation Areas.

(c) The possession or use of cap pistols is prohibited. The possession or use of dynamite or other powerful explosives as defined in G.S. 14-284.1 is prohibited.

(d) The possession or use of pyrotechnics is prohibited except for pyrotechnics exhibited, used, or discharged in connection with an authorized public exhibition and approved by the Director of the Division of Parks and Recreation, or designee. Persons wishing to possess or use pyrotechnics in connection with a public exhibition, such as a public celebration, shall file an application for a special use permit with the park superintendent. All applicants shall enter an indemnification agreement with the Department and obtain general liability and property damage insurance, with limits as determined by the Secretary or designee, which are reasonably necessary to cover possible liability for damage to property and bodily injury or damage to persons which may result from, or be caused by, the public exhibition of pyrotechnics or any act(s) or omission(s) on the part of the applicant(s) or the applicant’s agents, servants, employees, or subcontractors presenting the public exhibition. The Division Director or designee may deny an application as deemed necessary to protect the public health, safety, and welfare, or to protect the natural resources of the park unit.

History Note: Authority G.S. 14-269; 14-410; 14-415; 14-415.11; 14-415.24; 113-8; 143B-135.16; 143B-135.43;

Eff. February 1, 1976;

Amended Eff. October 1, 1984; January 1, 1983;

Temporary Amendment Eff. July 2, 1997;

Temporary Amendment Expired September 29, 1998;

Amended Eff. January 1, 2014; April 1, 1999;

Transferred from 15A NCAC 12B .0901 Eff. April 1, 2017.

Thank you for your inquiry and we hope this information adequately addresses your concerns.

Sincerely,

Bryan Dowdy


Bryan,

Thank for your thoughtful reply.  You are correct about hunting – I was thinking about area appurtenant to the state park.  I appreciate the correction.

However, the administrative code to which you referred simply does not say what you said it says.

It discusses concealed carry, and since when I recently visited Mt. Mitchell I have a CHP, I complied with the law as written.  However, the admin code is simply a recapitulation of already existing laws concerning the carry of concealed handguns throughout NC.

The admin code simply does not say that open carriers must be permitted, and that still appears to me to be in contravention of state law.

Sincerely,

Herschel Smith


Mr. Smith,

Subsection (a) of NCAC 07 NCAC 13B .0901 FIREARMS:,  clearly states that no person except authorized park employees, agents, contractors shall carry or possess firearms unless they have a concealed handgun permit or fall within one of the categories in G.S. 14-269 (e.g. law enforcement officers, retired law enforcement officers, active duty military when acting under orders to be armed, etc.).   This prohibition is defined as open or concealed carry of any firearm.

This original Administrative Code prohibiting the possession or carrying of any firearms, open or concealed has been in place for at least 30 years with the exception where we amended the Rule in January 2014 to allow persons with Concealed Handgun Permits to possess a concealed handgun on State Park lands.

(a) Except as provided in Paragraph (b) or G.S. 14-269, no person except authorized park employees, their agents, or contractors, shall carry or possess firearms, air guns, air soft guns, paint ball guns, bows and arrows, sling shots, or lethal missiles of any kind within any park.

Sincerely,

Bryan Dowdy


I understand your position Mr. Dowdy.  I don’t want this to be contentious, I just want clarity and I think we’ve achieved that.  One final question, sir.

I note that you’ve referred to administrative code, not general statutes of NC.  To me, this is an important distinction.  I work in an area where we must comply with the CFR, but everything is open to interpretation since these are “rules” and “regulations” rather than “law.”  As such, Congress never voted on them – they merely empowered someone else (i.e., the executive) to make such rules.

I take it that you see the administrative code as regulations / rules, but your agents apply those regulations as laws?  If so, then you have effectively banned unpermitted carry when it is not banned by state law (as long as said carry is open).  I see that as a constitutional and legal issue ripe for litigation.

Thank you for the exchange sir.

Herschel Smith

My readers and I have discussed the difference between “law” and “regulation” in excruciating detail before, so there is no reason to recapitulate that conversation.

To date I have not received a response to this last email.  As you can see, my charge is that the NC State Park Service and appurtenant groups (NC DoJ) have promulgated regulations (i.e., that all carry of weapons in state parks must be permitted, whether open or concealed) that are simply not supported by state laws, since North Carolina is a traditional open carry state.

At least, contrary to Wake County Sheriff Donnie Harrison, he doesn’t assert that open carry is disallowed in state parks.  This is smart and complies with North Carolina law, but the requirement for permitting in state parks for open carry simply does not.  This is ripe for litigation in my opinion.

The Open Carry Of Guns In State And National Parks In North Carolina

BY Herschel Smith
6 months ago

WRAL.com:

Wake County Sheriff Donnie Harrison said, for example, that visible sidearms wouldn’t be allowed at a similar rally in North Carolina.

“Protests, you cannot carry,” Harrison said, adding that gun owners need to know the nuances of the law.

Those who carry guns openly can’t do so at organized sporting events. Schools are off limits, and so are state and federal parks.

Upon reading this, I sent a note to Wake County Sheriff Donnie Harrison, and since the note didn’t mirror to my own email address, I will reproduce it here as best I can remember.

“Mr. Harrison, as best as I am aware, and I have recently discussed this with a ranger who represents North Carolina on these issues, you are flat wrong on the open carry of weapons in North Carolina state parks.  Furthermore, you don’t control the regulations for national parks, and no such regulation exists for national parks, except that you must comply with the laws of the state, and North Carolina is a traditional open carry state.

You have communicated material false information to readers.”

I have yet to receive a reply.

The New York Times And Everytown: Ban The Open Carry Of Firearms

BY Herschel Smith
6 months, 1 week ago

John Feinblatt of Everytown:

When militia members and white supremacists descended on Charlottesville, Va., last Saturday with Nazi flags and racist placards, many of them also carried firearms openly, including semiautomatic weapons. They came to intimidate and terrify protesters and the police. If you read reports of the physical attacks they abetted, apparently their plan worked.

They might try to rationalize their conduct as protected by the First and Second Amendments, but let’s not be fooled. Those who came to Charlottesville openly carrying firearms were neither conveying a nonviolent political message, nor engaged in self-defense nor protecting hearth and home.

Plain and simple, public terror is not protected under the Constitution. That has been the case throughout history. And now is the time to look to that history and prohibit open carry, before the next Charlottesville.

Historically, lawmakers have deemed open carry a threat to public safety. Under English common law, a group of armed protesters constituted a riot, and some American colonies prohibited public carry specifically because it caused public terror. During Reconstruction, the military governments overseeing much of the South responded to racially motivated terror (including the murder of dozens of freedmen and Republicans at the 1866 Louisiana Constitutional Convention) by prohibiting public carry either generally or at political gatherings and polling places. Later, in 1886, a Supreme Court decision, Presser v. Illinois, upheld a law forbidding groups of men to “parade with arms in cities and towns unless authorized.” For states, such a law was “necessary to the public peace, safety and good order.”

In other words, our political forebears would not have tolerated open carry as racially motivated terrorists practiced it in Charlottesville. They did not view open carry as protected speech. According to the framers, the First Amendment protected the right to “peaceably” — not violently or threateningly — assemble. The Second Amendment did not protect private paramilitary organizations or an individual menacingly carrying a loaded weapon. Open carry was antithetical to “the public peace.” Lawmakers were not about to let people take the law into their own hands, so they proactively and explicitly prohibited it.

Today, the law in most states is silent on open carry — and because most states do not explicitly prohibit it, it becomes de facto legal. Because it is legal, open-carry extremists take full advantage of this loophole, typically operating up to and even past the limits of the law. They carry everywhere, and the predictable result is the open carry of semiautomatic weapons in Charlottesville.

“They came to intimidate and terrify protesters and the police.”  This is so ass backwards on so many accounts it needs to be addressed.  First of all, the police weren’t intimidated.  Period.  The police have automatic weapons, MRAPs, and other weaponry that the militias didn’t have.  Feinblatt isn’t considering the possibility that the police were complicit in the whole thing.

But complicit in what?  The protest was by the militias, not Antifa.  They had permits, Antifa didn’t.  They were peaceable, Antifa wasn’t.  I said Feinblatt isn’t considering the possibility that Antifa and the police were on the same side, but in reality, he probably knows it and doesn’t want a conflict to go to waste to craft his anti-gun message.  But the point wasn’t to intimidate, but to protest.  Their carbines didn’t even have rounds chambered.  I’ve tried to consider whether I would have allowed myself to be put in those circumstances without a chambered round, and I think the answer is a resolute no.  The militias showed great restraint, contrary to the picture painted by Feinblatt.

Next, consider his statement that “Historically, lawmakers have deemed open carry a threat to public safety. Under English common law, a group of armed protesters constituted a riot, and some American colonies prohibited public carry specifically because it caused public terror.”  Prove it.  And when Feinblatt tries to prove it, consider what we already know.

In the colonies, availability of hunting and need for defense led to armament statues comparable to those of the early Saxon times. In 1623, Virginia forbade its colonists to travel unless they were “well armed”; in 1631 it required colonists to engage in target practice on Sunday and to “bring their peeces to church.” In 1658 it required every householder to have a functioning firearm within his house and in 1673 its laws provided that a citizen who claimed he was too poor to purchase a firearm would have one purchased for him by the government, which would then require him to pay a reasonable price when able to do so. In Massachusetts, the first session of the legislature ordered that not only freemen, but also indentured servants own firearms and in 1644 it imposed a stern 6 shilling fine upon any citizen who was not armed.

When the British government began to increase its military presence in the colonies in the mid-eighteenth century, Massachusetts responded by calling upon its citizens to arm themselves in defense. One colonial newspaper argued that it was impossible to complain that this act was illegal since they were “British subjects, to whom the privilege of possessing arms is expressly recognized by the Bill of Rights” while another argued that this “is a natural right which the people have reserved to themselves, confirmed by the Bill of Rights, to keep arms for their own defense”. The newspaper cited Blackstone’s commentaries on the laws of England, which had listed the “having and using arms for self preservation and defense” among the “absolute rights of individuals.” The colonists felt they had an absolute right at common law to own firearms.

But Feinblatt says “colonies.”  What colonies, when?  Prove it.  I want proof, Feinblatt.  Be specific.  As for his notion that the militia didn’t carry their weapons for the purpose of self defense, so the second amendment cannot apply (“The Second Amendment did not protect private paramilitary organizations or an individual menacingly carrying a loaded weapon”), he misses the point of the second amendment, or more specifically, he really knows the point but wants you to miss it.

The second amendment is specifically about what he says it is not.  It is about the amelioration of tyranny, not personal self defense.  But since he reserves the right of collective violence only to the state, he never applies his missive to the police, who were complicit in the sins of Charlottesville.  He applies it to the only peaceable, law-abiding men there that day.  Because night is day, black is white, and every day is backwards day to the progressive.

Regardless of the moral backwardness of Everytown and their ilk, you should expect that our battle to ensure legal open carry in all fifty states will get infinitely harder, and there will be many attempts to reverse the open carry laws already on the books.  You can count on it.

The First Amendment As Protection For Open Carry

BY Herschel Smith
6 months, 2 weeks ago

Tyler Yzaguirre:

The United States is a nation built upon individual rights and freedoms.

One in particular that is often fought over is the “right of the people to keep and bear arms,” or more simply put, the right to carry a firearm.

Open carry is the act of publicly carrying a firearm on one’s person in plain sight. The majority of states allow citizens to open carry a firearm without a permit.

Surprisingly, Texas is not one of those states.

Now while this may seem shocking at first, most of these open carry states place burdensome restrictions on the act. These include location restrictions such as high schools and certain cities, state buildings, police stations, and shopping malls. With all these restrictions, open carry isn’t as permissible as it sounds.

The First Amendment has historically been much more difficult to limit than the Second, so extending Freedom of Speech to encompass the open display of firearms needs to be addressed. The case for open carrying being protected under the First Amendment can be made through symbolic speech.

The United States Supreme Court has answered the issue of firearms being protected by the Second Amendment through DC v. Heller (2008) and McDonald v. Chicago (2010). In regards to open carry from a legal perspective, we must look to the state laws rather than the Constitution.

However, there has been no Supreme Court case deciding whether or not the act of open carrying is protected by the First Amendment.

Open carrying a firearm is an action; it is symbolic speech because it is a public statement. As history has shown us, actions and public statements, are protected by the First Amendment under symbolic speech. Examples of this include students in Des Moines wearing armbands to protest the Vietnam War, waving flags that may be seen as offensive and even flag burning.

Symbolic speech relies heavily on the context within which it occurs.

According to Delaware’s leading Open Carry organization, “self-defense is the foremost reason for open carry.”Another leading reason as to why law abiding citizens open carry firearms is for educational purposes.

People want to bring attention to the fact that they have the right to bear arms and that they can legally and safely exercise that right.

Well, this is an interesting perspective indeed.  Since I open carry from time to time and have strongly advocated open carry legislation in my neighboring state of South Carolina, I have addressed the issue of open carry with my readers.

I have said in no uncertain terms that I do not open carry to “make a point.”  I open carry because I hate concealed carry.  It’s uncomfortable and tactically inferior to open carry, and in the summer if I conceal I sweat my weapon, which not only causes rust and corrosion, but makes it a lint-magnet as well.  I have very practical reasons for open carry.

But I have also made it clear that any calls to LEOs because someone openly carries would be a good opportunity for 911 operators to educate the public: “What do you mean he was carrying a gun, ma’am?  Was he brandishing it, holding it, waving it around or threatening someone with it?”  “No?  Okay then, he isn’t violating any law in North Carolina by simply carrying a holstered firearm.”

There is no prima facie reason that open carry cannot be legitimately for the reason of making a statement or for education purposes.  I’ve just never personally taken that stance for myself.  But the author makes a good case for such behavior being protected by the constitution, and I see this as ripe for litigation.

South Carolina LEOs, Open Carry And Myrtle Beach Follies

BY Herschel Smith
8 months, 1 week ago

We’ve discussed at length the South Carolina LEO opposition to open carry legislation and the Senators’ deference to these guys.  Previously we saw that Chief Joseph Hill of the Horry County Police Department said “I don’t have any personal objections to it other than it doesn’t fit the culture of Myrtle Beach.”

To this, Josh said the following.

HAHAHAHAHAHAHA.

The “culture?” Myrtle Beach has absolutely zero culture. It’s a disgusting shithole filled with tourist traps, trash, gross and loud foreigners, drunks, assholes, criminals, and for some reason that continues to escape me, Ohioans.

The Ohioans can have it.

Now we find out just what kind of “culture” Myrtle Beach really has.

At least seven people were injured early Sunday morning in Myrtle Beach after someone began shooting during a crowded street fight, police said.

The chaotic scene was captured and streamed on Facebook Live by a man staying at a nearby hotel.

Bubba Hinson told the Myrtle Beach Sun News that he was in town for a firefighters’ convention when he spotted a large crowd blocking traffic on the street below his room at the Holiday Sands North hotel.

“I thought they were dancing. That’s why I started filming it,” he told the newspaper. “Then, they started fighting. Then, they started shooting.”

Myrtle Beach police said in a statement that, just after midnight Sunday, a fight broke out on Ocean Boulevard, a major thoroughfare in the seaside South Carolina city.

Before officers arrived, a man in the fight pulled out a gun and shot one person, police spokesman Lt. Joey Crosby said.

An armed security guard who was already on the scene witnessed the disturbance and fired at the shooter, Crosby said. The shooter then hijacked a car and fled — but not before firing additional gunshots at people in the crowd, Crosby said.

Here is reaction to the event.

Bob Pisani: “Tell all my friends & family to stay in North Myrtle  because MB isn’t safe for families anymore.Not like it was 7/8 years ago. Went down the Boardwalk today. Bad vibes. Won’t even think of going there after sundown. Rhodes gotta go.”

Regis von Wagner: “Good idea for vacation is to stay away from Myrtle Beach. Myrtle Beach beach once was a really nice vacation destination. Today it is a dump. Maybe this will help get the word out.”

the video of the shooting that happened last night on the strip is wild. Myrtle Beach really is a crazy place.

— brian knight (@thginkb) June 18, 2017

Laura Wiggins Russell: “We came home early from our vacation Friday from Myrtle Beach because of all the junk that was going on. It was white kids, black kids and Hispanic kids doing all crowding up the streets all night long. They were loud disrespectful and had no fear of the law. The cops were extremely out numbered. During the day all these kids were running the families off the beach because of girls taking their tops off and kids being drunk. It ruined our family vacation. We will not return to Myrtle Beach.”

Kenny Rutherford: “Welcome to Murder Beach! Precisely why I haven’t been there in many years. The young thugs have taken it over and now it is not a desirable destination for myself and many others. People wonder why there is so much racial tension in the US. Here is a prime example.”

Michael S Ford: “Rhodes thinks he has a top not tourist town?…No Bro, you got a town that I very rarely visit, and I’m only five miles away…I even drive around it now.”

David Byers: “My family and I got back from our yearly vacation to MB a couple of weeks ago…While leaving a restaurant I was accosted by a man that claimed his car was broke down and wanted assistance. I got a bad vibe from the guy and noticed his car was in an area off from the street alone near some empty broken down buildings…It felt like a set up. He became upset, verbal, and crowded me, it almost turned bad. I asked him to step away which he did. Never have I had anything like that happen in MB. It has always felt like a safe place but that has changed. I will not be back to MB next year. This video confirms that decision.”

The fact that a near mass shooting happened right beside of me last night in Myrtle Beach haha Classic Senior Week

— Joshua Sayers (@jsayers54) June 18, 2017

Topless girls with your family around you, drunken people staggering around, gangs fighting and dominating the streets, and shootings.

This is alleged to be why S.C. LEOs are opposed to open carry.  Here is the thing and a quick note to S.C. LEOs.  I couldn’t care less about your problems, and I haven’t been to Myrtle Beach in so long I can’t remember the last time.

But if you think a criminal culture is justification for preventing me from openly carrying, you have it all backwards.  What do you think is going to happen with open carry – crime?  Gang fights?  Drunken kids?  You have all of that now.  Don’t come crying to me about your Myrtle Beach problems.

Myrtle beach is a shit hole that deserves to go out of business.  If you don’t want that to happen, then run the hucksters, low rent dives, criminals, unaccompanied minors, tourist traps, fat ass red necks and other low rent trash out of town.  Make it a gated community with higher rent, or do whatever you want to do.

But just don’t use this as some sort of justification for denying open carry.  It isn’t, and you know it.


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