Walkabout In The Weminuche Wilderness

Herschel Smith · 05 Aug 2018 · 40 Comments

"There are no socialists in the bush" - HPS All of my physical training only barely prepared me for the difficulty of the Weminuche Wilderness (pronounced with the "e" silent).  It's National Forest land, not National Park.  The Department of Agriculture no longer prints maps of the area, so we relied on NatGeo for the map, and it's good, but not perfect. We have a lot of ground to cover, including traveling with firearms, the modification I made to one of my guns for the trip, the actors…… [read more]

Frank Clarke Letter To Publix CEO Todd Jones On Open Carry

BY Herschel Smith
2 days ago

Frank Clarke.

“It’s sad to see a highly-respected American corporation cravenly bending the knee to the forces of darkness. It shows a lack of courage. It shows a lack of foresight. It shows a lack of knowledge or, worse, a rejection of knowledge.

Only two states, Texas and Florida, keep statistics on “does this arrestee have a weapons permit?”. The data from these two states is startling. Lawful gun-carriers are arrested (not convicted, just arrested) at rates between 1/7th and 1/13th the rate for the general population, depending on the year chosen. What that means is that the people who go to the trouble of getting a carry permit are among the safest, most law-abiding people in the country. As a class, they are more law-abiding than the police, and your policy is to insult them and treat them as if they were criminals-in-waiting. Was that your intent or did you simply not think this all the way through?

Recall, as well, that on August 8th, an ordinary citizen — not law enforcement — stopped a potential mass shooting at a Wal-Mart in Springfield MO. Are you publicly asserting that you don’t want any of your customers intervening to stop such incidents in your stores? That would be a surprise, and not a pleasant one, either.

Principles are funny things. They sometimes cause us to say things or do things that others — often ‘others who lack much in the way of principles’ — interpret negatively. That is, alas, what Publix’s latest announcement looks like. It looks like Publix flinched in order to avoid ‘bad PR’ from people whose thinking doesn’t extend beyond “guns bad”. Those same people see the world as full of evildoers who wish nothing so much as to harm others. In such a world, people with guns are a positive danger.

You might suspect that I hold a different view, and you would be correct. I believe our world, despite the occasional ‘bad apple’, is full of loving people who care about their neighbors and want them to live happy, safe, and prosperous lives.

How do you see the world?”

Businesses Prohibiting Open Carry

BY Herschel Smith
1 week, 2 days ago

You’ve seen the lists, whether open or concealed carry.  What gripes me is when gun writers participate in the self-immolation and embarrassment of carrying a gun.  Witness Karen Townsend.

As I wrote earlier this week, this is a solution looking for a problem. Open carry isn’t common, even in gun-friendly Texas. Just as I said about being a Kroger customer, I’m a Walgreens customer and I have never seen anyone take advantage of open carry laws in the store I patronize in Houston.

None of the retailers are saying exactly how they will enforce their decision. In Texas, a retail store must post signs in English and in Spanish that state that store’s gun policy. Store management can ask a customer to leave or call law enforcement over violations to the posted policy.

So according to Karen, if more people did choose to open carry, she wouldn’t have a case to say this is a solution in search of a problem.  In other words, it actually would be a problem demanding a solution.

Folks, the right reaction isn’t to say that open carry isn’t really practiced that much.  That’s saying that there isn’t much exercise of our rights, which is a sad admission of failure on the part of the gun community.  Don’t defend gun ownership that way.  Don’t respond to the controllers by saying that the practice isn’t really that common anyway.

I’ve observed elsewhere that “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.”

Don’t allow them to shame you.

North Carolina Mom Carries Rifle To Bus Stop

BY Herschel Smith
2 weeks, 5 days ago

News from NC.

Obviously we’re going to suggest no one take a firearm to a bus stop to pick up a child, but as far as criminal behavior, we can’t find a criminal violation,” said Chris Honeycutt with the Stanly County Sheriff’s Office.

Ignoring the question whether it was wise to carry a rifle to a bus stop, the Sheriff’s office made the right call here.  As we’ve seen before, North Carolina is an open carry state, and that includes any firearm.

I hope that North Carolina LEOs are finally learning this lesson.  It’s damn well taken long enough.

Mcloud, Oklahoma, AR Pistol Walk

BY Herschel Smith
1 month, 3 weeks ago

Our friend Timothy Harper with News Now OKC recently did a 2A audit in Mcloud, Oklahoma.

So there are a few things that need to be reinforced with the Mcloud PD.  First of all, there was no legal necessity for Mr. Harper to show his ID.  This wasn’t a “Terry Stop.”  You could not articulate suspicion of a crime.

Second, you had no right to order him off the street, and I’m glad he stood his ground.  Third, you couldn’t articulate any difference between flying a kite and Mr. Harper doing what he was doing, which is entirely legal, and yet you ordered him off the street.  So you looked stupid.

Finally, tell fat boy he needs to lose some weight if he wants to chase down the real bad guys.

I’m glad Mr. Harper is doing this.  It apparently is needful and I hope he keeps going.

Pennsylvania Supreme Court: Open Or Concealed Carrying Of A Firearm Is Not Reasonable Suspicion Of A Crime

BY Herschel Smith
3 months, 2 weeks ago

Prince Law:

Today, the Pennsylvania Supreme Court issued a 53 page majority opinion, a 2 page concurring decision by Justice Baer and a 16 page concurring opinion by Justice Dougherty which Justice Mundy joined, in the case of Commonwealth v. Hicks, which addressed whether the mere open or concealed carrying of a firearm constitutes reasonable suspicion of a crime.

[ … ]

“Before this Court, the Commonwealth again advanced its “radical position,” Hawkins, 692 A.2d at 1071, in the present iteration contending that police officers are not only entitled, but “duty bound” to seize and investigate the licensing status of every individual who carries a concealed firearm in Pennsylvania. Brief for Commonwealth at 11. We have little difficulty in again rejecting this proposition, because we conclude that the Robinson rule contravenes the Terry doctrine and, indeed, the fundamental guarantees of the Fourth Amendment.

Although the carrying of a concealed firearm is unlawful for a person statutorily prohibited from firearm ownership or for a person not licensed to do so, see 18 Pa.C.S. §§ 6105-06, there is no way to ascertain an individual’s licensing status, or status as a prohibited person, merely by his outward appearance. As a matter of law and common sense, a police officer observing an unknown individual can no more identify whether that individual has a license in his wallet than discern whether he is a criminal. Unless a police officer has prior knowledge that a specific individual is not permitted to carry a concealed firearm, and absent articulable facts supporting reasonable suspicion that a firearm is being used or intended to be used in a criminal manner, there simply is no justification for the conclusion that the mere possession of a firearm, where it lawfully may be carried, is alone suggestive of criminal activity.

If the consequence of our decision is that future courts afford meaningful Fourth Amendment protection to individuals engaged in other commonly licensed activities, that result is preferable to our allowance of governmental overreach that undermines the individual freedom that is essential to our way of life in this constitutional republic.

Crime and violence are ever-present threats in society, and it can be tempting to look to the government to provide protection from “dangerous” people with constant vigilance. However, the protections of the Fourth Amendment remain an essential bulwark against the overreaches and abuses of governmental authority over all individuals. Notwithstanding the dangers posed by the few, we must remain wary of the diminution of the core liberties that define our republic, even when the curtailment of individual liberty appears to serve an interest as paramount as public safety. “Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” Olmstead v. United States, 277 U.S. 438, 479 (1928) (Brandeis, J., dissenting).

Consistent with the General Assembly’s reservation of the exclusive prerogative to regulate firearms in this Commonwealth, codified at 18 Pa.C.S. § 6120, the additional requirement that an individual possess a license in order to carry a firearm openly within the City of Philadelphia is prescribed by statute, not by municipal ordinance. See 18 Pa.C.S. § 6108; see generally Ortiz v. Commonwealth, 681 A.2d 152 (Pa. 1996).”

So the court did three things: [1] decreed that the mere carrying of a firearm in a concealed manner isn’t a reasonable suspicion of a crime (I would have to know the specifics of the case to be able to ascertain why this is important since if the firearm is concealed well, it wouldn’t be seen by anyone), [2] decreed that the mere carrying of a firearm openly isn’t a reasonable suspicion of a crime (apparently Pennsylvania has a permitted open carry system, and cops don’t have the right to stop someone who is openly carrying to ask about a permit), and [3] decreed that little tyrants in locales like cities or townships don’t have to right to upend this judgment.

Every once in a while someone gets it right.  I would think that after the decision by the Fourth Circuit Court of Appeals viz. The Charlotte Mecklenburg Police Department, they would stop trying to argue that they have unlimited rights.

But also just as apparent is the fact that the police go from judge to judge, and court to court, until they find someone who agrees with them.

That’s the American way, yes?

Oklahoma Pistol Walk, Part II

BY Herschel Smith
4 months, 3 weeks ago

Through Edmond Haifer Park.  Just a few of comments.  First, to the cop.  Stop pointing that rifle at people.  It’s stupid.

Second, do … not … ever … touch another man’s gun in a circumstance like this.  Ever.  It’s stupid.  A negligent discharge can occur, someone could get hurt, the weapon might have been modified and you wouldn’t know it, a round might be chambered and it might not be, you don’t know the configuration or status of that weapon, and so on.  Do not ever touch another man’s weapon.

Third, get educated.  Too many cops were looking on the idiot boxes (phones) to figure out if a barrel less than 16″ with a pistol brace is an SBR or a pistol.  Really.  Seek some education, read a little bit.

Prior: Oklahoma AR Pistol Walk

Oklahoma AR Pistol Walk

BY Herschel Smith
5 months ago

Apparently, some dude is taking his AR pistol for a walk in every Oklahoma city and recording the interactions with police.

Idaho Open Carry “Tiff”

BY Herschel Smith
6 months, 3 weeks ago

News from Idaho:

BOISE — A freshman Idaho lawmaker, who introduced a controversial guns-in-schools bill Tuesday, is speaking out against a Boise restaurant after he and fellow members of the Three Percenters group were chided for open-carrying guns there.

Rep. Chad Christensen, R-Ammon, said he was in a group of five people eating at Bacon when owner John Berryhill told them their firearms were making customers and staff nervous, according to his Facebook post Saturday. He said Berryhill then closed a curtain around their booth.

Berryhill told CBS 2 News Christensen’s account is exaggerated. In a statement to CBS 2, Berryhill said he’s not against guns or even open carry, with the exception of being in populated areas, such as restaurants, libraries and parks.

In his post, Christensen said, “I won’t be stepping foot in that place again. Pass this around patriots.”

Christensen acknowledged to CBS 2 that he is essentially calling for a boycott of the restaurant. He added in his Facebook post that he would use his “reach” to call out any other business owners who “have a problem with guns in Idaho.”

Boise police spokeswoman Haley Williams told the Idaho Press that private businesses can refuse service to patrons carrying firearms. While Idaho allows open carry of firearms, the law does not apply to private property, the owners of which can make their own rules, she said.

“You can ask them to leave,” she said. “You can set the rules for their establishment.”

Members of the Idaho State Legislature’s Ethics Committee, which met Tuesday for separate purposes, declined to comment on the matter of a lawmaker threatening to use their platform as a mechanism to call for boycott of businesses.

However, Rep. Vito Barbieri, R-Dalton Gardens, told the Idaho Press that Idaho lawmakers are citizens who do not give up their individual right to free speech when they take office.

Yes, establishments have a right to prohibit carry within their premises.  And anyone has a right to say anything about it, at any time, to anyone, and within any context.

Isn’t it interesting that there is a legislator in Idaho who identifies as a Three Percenter?  I didn’t know that.

The Open Carry States Are Ones Where Everybody Gets Shot

BY Herschel Smith
7 months, 3 weeks ago

News from Representative Chris Lee of Hawaii.

“The open carry states are ones where everybody gets shot so I think we have a very good record in Hawai’i for gun safety protection and and the fourth lowest gun violence in any state in the union.  It’s a combination of things but one of most important parts of it is that we have strict gun laws.”

Representative Lee says it could be years before the Young case is settled but the top priority for Hawai’i lawmakers is public safety.

“I’ve owned guns in the past; I don’t today but we have an obligation on our part in Hawai’i to make sure that we have the adequate legal protections in place to make sure that it’s not gonna be the wild, wild west …

Drama queen much, Ms. Lee?

From the comments, “The open carry states are ones where everybody gets shot.” Oh yeah, Vermont is a really dangerous state.

Texas too, huh?  Blood in the streets, it is.  Everybody is getting shot.  Everybody.  Because open carry, that’s why.  Everybody.

No exaggeration.  Everybody.  From open carry.

Commentary On Open Carry Of Guns In North Carolina

BY Herschel Smith
8 months, 2 weeks ago

Asheville Citizen-Times:

Question: I know that you have to have a license to carry a concealed weapon in our area. But a friend told me that if you do not conceal the weapon and it is out in the open, with a few exceptions you can carry a weapon in public. Specifically, he said you can walk around downtown Asheville with a shotgun or a machete and it is legal. I’m having a hard time believing that. Could the Answer Man investigate and explain what the particulars of the law are? Where can and where can’t you carry a weapon openly in public? Is there any restriction on the type of weapon you can openly carry? Are there places you can’t carry a concealed weapon?

My answer: Nothing says “holiday cheer” like a question about open carry laws.

Real answer: This subject does get quite complicated, so the following is far from a comprehensive answer.

For starters, you can indeed openly carry a gun around in North Carolina, generally speaking.

“(The reader is) correct in that North Carolina generally allows the open carry of firearms, with a few exceptions,” said Asheville Police Department spokeswoman Christina Hallingse. “A private property owner may restrict the carrying of firearms on their property, whether they be concealed or carried openly. There are a number of statutes that could potentially apply, including ‘Going Armed to the Terror of the People.'”

In part that law says you’re guilty of this offense if you arm yourself “with an unusual and dangerous weapon for the purpose of terrifying others,” and you go “about on public highways in a manner to cause terror to the people.” The North Carolina Supreme Court states that a gun meets the definition of an “unusual and dangerous weapon.”

All sorts of private businesses have restrictions on carrying guns, generally communicated by signs that state in words or pictures that guns and knives are not allowed.

As you can imagine, North Carolina has a lot of regulations about firearms. Hallingse provided a helpful link to “North Carolina Firearms Laws,” a 46-page document on the North Carolina Department of Justice site you can find here: https://bit.ly/2EbdqWr

Generally speaking, you can’t carry a gun, concealed or otherwise, into a bar or other places selling alcohol if you are consuming alcohol. You also can’t carry a gun into banks, schools or governmental buildings such as courthouses. Under the section subtitled “Areas Where Weapons Are Prohibited,” the documents also lists “Events occurring in public places,” and “Areas of emergency and riots.”

As far as weapons that are banned altogether, even for law enforcement officers (in most cases), the state law lays out a couple of pages of them under the section of the aforementioned North Carolina DOJ document called “Restricted and Prohibited Weapons.”

SEE ALSO: Asheville calls for assault weapons ban; mayor says she would go further

Among them are:

• Any spring-loaded projectile knife, a ballistic knife, or any weapon of similar character

• Weapons of mass destruction, including bombs of all sorts, grenades, rockets having a propellant charge of more than four ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, mines; and any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will expel a projectile using an explosive or other propellant, and which has a barrel with a bore of more than one-half inch.

• Any firearm capable of fully automatic fire.

• Any shotgun with a barrel length less than 18 inches or an overall length of
less than 26 inches.

• A rifle with a barrel length of less than 16 inches or an overall length of less
than 26 inches.

• Any combination of parts either designed or intended for use in converting a device
into any weapon described above, and from which a weapon of mass death and
destruction may readily be assembled.

• Nuclear, Biological, or Chemical Weapons of Mass Destruction

• Teflon-coated bullets

I think this is a bad commentary because it’s misleading and incomplete.  First of all, MG are not prohibited – it’s just that you must have ATF approval for a Class 3 weapon.  I know folks in NC who legally own MGs.  The same thing goes for SBRs (he implies that it’s illegal to own an SBR in North Carolina).  It isn’t, as long as you have a tax stamp.

As for his snark about “Nothing says “holiday cheer” like a question about open carry laws,” I quite agree.  Open carry makes me cheerful, as it should.  As I’ve said before, I open carry “For the peace, good and dignity of the country and the welfare of its people.”

It would appear that from the questioner’s surprise, not enough North Carolinians are openly carrying.


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