AR-15 Ammunition And Barrel Twist Rate

Herschel Smith · 19 Feb 2017 · 5 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]

North Dakota Constitutional Carry

BY Herschel Smith
6 days, 14 hours ago

Rapid City Journal:

BISMARCK, N.D. (AP) — The North Dakota Legislature has voted to allow most adults to carry a concealed firearm without a permit, but it’s not clear whether the governor will support the move.

The Senate approved the measure 34-13 on Tuesday and the House passed it last month. It would allow people 18 and older to forgo background checks and classes that are now required.

Supporters say the bill promotes constitutional rights and allows protection from criminals. Critics worry it could lead to more shootings as people with less training would be carrying weapons.

Approval of the bill in both the Senate and House generally fell along party lines in the Republican-led Legislature. GOP Gov. Doug Burgum hasn’t said whether he would support the measure and sign it into law.

“He hasn’t seen the bill and won’t make a decision until he receives it,” said Mike Nowatzki, a Burgum spokesman.

Sen. Kelly Armstrong, a Republican from Dickinson, said the measure allows law-abiding citizens to exercise their constitutional right to carry a gun.

It’s time for North Dakota readers to get busy with letters to the governor.  Let him know that he’s a target for replacement if he doesn’t comply with God-given rights to bear arms.

Say, there’s a bill that will soon be debated in the South Carolina legislature on constitutional carry, which also happens to include provisions for de-criminalizing open carry.  This bill needs to pass with no opposition from the GOP.  Why is South Carolina so late to the game?  What are you doing, South Carolinians, to make this a reality?

Laws Against Open Carry Are For The Purpose Of Shaming Gun Owners

BY Herschel Smith
2 weeks, 1 day ago

WISTV.com:

COLUMBIA, SC (WIS) – Critics are promising to push back on a new bill that would allow gun owners to carry their weapons with or without a permit, but it’s not clear when the proposal will be up for further debate.

Republican members of the South Carolina House Judiciary subcommittee approved H. 3930 late last week in a meeting lasting only minutes and without input from two Democrats who could not attend.

The bill was introduced just two days before the subcommittee vote by lead sponsor Rep. Mike Pitts of Laurens.

Pitts was the only subcommittee member to comment during the meeting.

The bill is similar to a measure backed by Pitts that gained full House approval last year but failed in the Senate.

Senators also overwhelmingly rejected similar so-called “Constitutional carry” legislation in 2014.

Right now, 31 states allow the unconcealed carrying of guns, and they also allow owners to do so without a permit, according to the Law Center to Prevent Gun Violence.

But the proposed legislation still concerns even some gun owners who have permits. Jeff Diehl is one of them. He runs a restaurant called Chickadee’s in Columbia, where he welcomes gun owners with CWP’s, but feels open carry could be dangerous and bad for business.

“That’s an open gun,” Diehl said. “That’s not a police officer. Nothing that says police officer. That’s scary to me. Let’s get out of here. Let’s fight, let’s run, let’s panic. Whatever. To me, it’s inherently dangerous, whether it’s a restaurant or hospital.”

There are some who love their enslavement to the state.  They traffic in hysteria, and they revel in contradiction such as a concealed handgun isn’t dangerous but an openly carried one is.  And those people use tactics like this to shame gun carriers who desire to carry openly.

You understand that, don’t you?  Laws against open carry are for the purpose of shaming.  I don’t disparage concealed carry, and I do it myself under certain circumstances.  I would rather it be customary to openly carry at all times, because I believe that’s more gentlemanly and well-bred, while it’s ill-bred, pedestrian, ill mannered and coarse to conceal weapons.  You may disagree, but that’s my position and it is incorrigible.  I only do it sometimes to avoid the kerfuffle with people who want to shame gun owners, just like the man in the article.

Laws against open carry are bigoted, prejudiced, vengeful, ill tempered and spiteful.  Oppose such laws and don’t be like those people.  And point out to anyone who makes remarks like Mr. Diehl that he is attempting to shame peaceable, good men for no reason other than the hatred in his own heart.  You should be able to carry concealed if that’s your wish.  So too open carriers should be able to carry openly.  It’s a matter of minding one’s own business, another characteristic of well bred and educated men.

S.C. Constitutional Carry Bill

BY Herschel Smith
2 weeks, 5 days ago

The State:

Proponents of gun reform and House Democrats were rattled Thursday when they learned a bill that would allow South Carolinians to carry a concealed firearm without a permit advanced without debate or public input.

The proposed law, by Rep. Mike Pitts, R-Laurens, was met with no opposition during a hearing by the Judiciary Constitutional Laws Subcommittee.

It calls for what is often referred to as “constitutional carry,” which allows those who can legally own a firearm to carry it – concealed or in the open – without a government-issued permit.

“The right to carry is a constitutional amendment in the Bill of Rights,” Pitts said. “It is a constitutionally protected right, and that’s why I don’t think the government should (issue a) permit” for the carrying of a gun.

Pitts introduced a similar bill in 2016. But this year’s bill also would allow for “open carry,” which means a person can carry a firearm without having to conceal it.

The proposal does not change where firearm owners can carry their weapons. They would still be barred from carrying into schools and other already prohibited locations. And private businesses could still bar firearms from their establishments.

Carrying of a firearm while committing a crime also would remain prohibited.

The bill also would keep the state’s concealed weapons permitting system in place for those who would prefer that or need to have a permit when traveling out of state with a firearm, Pitts said.

No one from the public signed up to speak during Thursday’s hearing, which lasted about five minutes. The bill, which was filed Tuesday, passed with the support of the three Republicans serving on the panel. Reps. James Smith, D-Richland, and Mandy Powers Norrell, D-Lancaster, were absent.

Smith said he was out of town, while Powers Norrell said she was out of the country when both were reached by phone. Smith said if either had been present, they would have attempted to delay a vote, giving more time for word to spread to the public.

“The meeting was set Wednesday for Thursday morning,” Smith said. “It’s clearly being fast-tracked, which has undermined the ability for adequate public input because nobody had the time to react.”

The panel’s advancement of the bill without testimony from constituents or without all of the committee members present frustrated Sylvie Dessau, a local volunteer with Moms Demand Action for Gun Sense in America, an organization that calls for “common-sense legislation” to address gun violence.

“Simply put, this is not how our democracy works,” Dessau said. “We urge House leadership to reject this stunt to advance legislation pushed by gun lobby extremists. South Carolinians deserve to have a say in legislation that may impact our lives for years to come.”

But Rep. Greg Delleney, R-Chester – who is also the chairman of the House Judiciary Committee that will debate the proposal next – stressed the bill’s timing was related to the Legislature’s shorter session this year.

[ … ]

Delleney said he thinks the bill will be well-received by members of the House. The House has previously passed legislation that allows for constitutional carry. But the bills have died in the Senate, with its rules that allow deliberation and easier blocking of legislation.

 

The State just had to consult moms against something or other.  God forbid they write a piece on proposed gun legislation without talking to folks funded by Michael Bloomberg.  You can almost sense the panic in the article.

Good on the S.C. House.  We’re watching.  Let’s push this thing through and get it done.  Quickly.  Use whatever rules you have to in order to minimize debate.  One delaying tactic is to let bills like this rot on the vine by debating them forever, and then close the legislative session without taking action because, well, there’s just not enough time left to finish the job.  You can finish this job and you know it.  It’s also especially good that this bill includes open carry.  For us, this is like Christmas.  It’s most of what we want wrapped up in one present.

Larry Martin was thrown out of the S.C. Senate for delaying this action in the past, forcing it to dry up in the judicial committee.  We watched.  We took action.  We’re watching you too, Senators.  We’re watching all of you, and we will seek retribution on a name by name basis.  Every one who delays or votes against this will be a target in the next primary or election.  Do this thing.  Get it done.

Don’t listen to LEOs who stand to lose money if you pass this bill.  Very few LEOs ever want this sort of thing because it interferes with their revenue stream for buying the newest and latest Dodge Chargers and all of that new, fancy Comms gear and automatic weapons for the SWAT teams for throwing grenades and busting in doors.  Listen to your voting constituency.  That’s us.

We’re American gun owners, and we don’t compromise or forget.

Arkansas Gun Owners Divided On Constitutional Carry?

BY Herschel Smith
2 weeks, 6 days ago

This one is a real zinger, folks.

A proposed bill in the Arkansas State Legislature with the potential to allow the concealed and open carry of a handgun without a permit is a more divisive issue for gun owners than most might think. The bill is scheduled for discussion during the senate judiciary committee on Tuesday, March 7.

El Dorado native and freshman State Senator Trent Garner (R-27th District) spearheaded Senate Bill 444 supporting what people know as constitutional carry, a movement sweeping the nation for non-permit open and concealed carry of a handgun as suggested by the second amendment: “…the right of the people to keep and bear arms, shall not be infringed.”

In addition to the discrepancy mentioned in the U.S. Constitution, proponents of non-permit carry argued that there are too many confusing laws and registration paperwork for gun-carrying citizens, and if criminals and reckless people are already in possession of a handgun in public, then law-abiding citizens should be able to as well, Garner said.

Some argue that Arkansas is already somewhat of a constitutional carry state.

In 2015, Attorney General Leslie Rutledge interpreted Act 746, passed in 2013, to allow people in Arkansas to openly carry a handgun with a few caveats: law officers can ask the user’s intent of the weapon, carrying a weapon is not allowed in restricted areas — government building, public university, etc., private property owners have authority over whether people can openly carry a weapon and the law doesn’t affect concealed carry statutes.

Arkansas isn’t the only state considering the move for constitutional carry. Other similar bills are being considered in 14 other states including: Texas, Oklahoma, Alabama, Georgia, and South Carolina, to name a few.

As of late, Garner’s proposal is empty, but the idea of what it could lead to has been polarizing for gun-owning citizens of El Dorado spanning from law-enforcement and gun shop employees to average gun-owners and the rest of the state. But, each stance agreed that a knowledge of gun safety and the state law is required for every gun-owner, even if it’s not mandatory.

“I have a real problem with people carrying guns without proper training,” said Larry Combs, local gun instructor and former mayor of El Dorado. “There’s enough gun accidents already.”

Combs teaches classes for people interested in obtaining a concealed carry license, and has seen some local gun-owners who have carried a handgun without a license or permit.

“This is the state of Arkansas, I’ve seen people who carry a gun concealed and say ‘I don’t need a permit, I’ve handled a gun my whole life’ and they can — unless they get stopped by the police, then they’re in trouble,” Combs said.

Danny Farley, lead court security officer for the El Dorado Federal Court building, is also a concealed carry instructor and does not favor non-permit concealed or open carry.

“It’s a bad idea,” Farley said. “The major problem is people need to know when it’s not okay to carry a weapon. I have no problem with people carrying a weapon, but they need to be educated, which a license guarantees.”

For concealed-carry certification in the state of Arkansas a person is required to take a 5-hour class where the instructor must stress liability and safety, show how to load and discharge a gun, read the state and federal gun laws in a coherent manner, and make sure the person is competent in handling a gun through a “live-fire” test.

Once training is completed, a questionnaire covering a person’s mental health, drug, alcohol, and criminal history is filled and submitted to the Arkansas State Police, at which point officials can grant or repeal a person from obtaining a license to carry a concealed handgun.

Open carry has no strings attached.

“To me, I don’t like open carry because there’s no regulations or class required,” said Ricky Roberts, Union County Sheriff. “With concealed carry, dispatch can run your name through the system and know whether you have a license to be carrying a weapon or not.”

Also, law enforcement officers are restricted to a certain extent when confronting people who openly carry a handgun, for instance: the officer can ask for that person’s intent and if the officer believes it’s for self-defense and hasn’t seen any suspicious activity, the officers move on. This can be a slippery slope, Farley said.

“If you carry openly, an officer has the right to ask if it’s for self defense use, and once that’s done he walks away, that’s all that police can do,” he said.

A large concern for gun-owners is that laws aren’t strict enough on criminals or mentally-ill persons, and until those laws are enforced law-abiding citizens should have easier access to owning a gun for self-defense, said Linda Newbury, mayor of Felsenthal.

So gun owners are split, or something like that, on the question of constitutional carry in Arkansas, but in order to prove the pretext of the article, the author cites Larry Combs, local gun instructor and former mayor of El Dorado, Danny Farley, lead court security officer for the El Dorado Federal Court building, who is also a concealed carry instructor, and Ricky Roberts, Union County Sheriff.  Two of them stand to lose the class fees for permitting if constitutional carry passes, and one of them is a LEO, and LEOs almost always hate constitutional carry.  Just because.  Shut up.  They’re in charge.

Of course, they are all huge supporters of the second amendment, but there’s that little nit early in the article on the “discrepancy mentioned in the U.S. Constitution,” whatever the hell that’s supposed to mean.  Discrepancy.  It must be that the founders didn’t really mean what they wrote, or something.  But remember, folks who want a government permitting fee are always “big supporters of the second amendment.”

As for open carry, can you imagine a sillier Kabuki dance than a LEO stopping to ask why a person is openly carrying a gun?  “Why no officer, it isn’t for self defense, it’s for shooting up the local elementary school.”  How absolutely ridiculous.  As if the person couldn’t also carry concealed if he intended nefarious things with his weapon.

And don’t even mention that Arkansas crime hasn’t skyrocketed with blood running in the streets since the Arkansas AG interpretation that the law allows open carry with caveats.  It’s the caveats that are absurd, along with the notion that being able to surmise that a person openly carrying has a permit.  Oh, that’s right, the progressives want LEOs to be able to stop and identify you if you’re openly carrying and ask for proof of permitting, a schema that doesn’t acquiesce to the notion that all stops have to be so-called “Terry Stops” in order to be constitutional.

Oh dear, people just cannot learn to keep from looking like imbeciles when they speak of these things.  They really should look to the other open carry states, where things work just fine, LEOs aren’t running scared of open carriers, blood isn’t running in the streets, and where constitutional carry (in the states that honor it) hasn’t caused wild west shootouts because people don’t know the law.

Just take a deep breath, people.  Look around you.  Think.  Ponder in the quiet for a period of time.  Learn from history.  Quit being hysterical.  And make sure to reject lawmaking for the purpose of permitting and class fees and coffers of those who benefit from that revenue.  There is a fairer way to raise revenue than penalizing gun owners.

Perhaps some reader in Arkansas can give us an update on the state of things in your beloved state.

The Mythical Argument Supporting The Florida Open Carry Ban

BY Herschel Smith
3 weeks, 2 days ago

Eugene Volokh responds to the recent Florida Supreme Court decision on open carry.  He first cites part of the ruling.

Before the Fourth District, the State argued that by restricting how firearms are carried in public so that they may only be carried in a concealed manner under a shall-issue licensing scheme, deranged persons and criminals would be less likely to gain control of firearms in public because concealed firearms — as opposed to openly carried firearms — could not be viewed by ordinary sight.

Norman contends that the State has not produced evidence that Florida’s Open Carry Law reasonably fits the State’s important government interest. However, under intermediate scrutiny review, the State is not required to produce evidence in a manner akin to strict scrutiny review….

[W]hen reviewing under intermediate scrutiny Second Amendment challenges to laws regulating the manner of how firearms are borne, “courts have traditionally been more deferential to the legislature in this area.” This is especially so when considering that “[r]eliable scientific proof regarding the efficacy of prohibiting open carry is difficult to obtain.”

Therefore, we agree with the Fourth District and are satisfied that the State’s prohibition on openly carrying firearms in public with specified exceptions — such as authorizing the open carrying of guns to and from and during lawful recreational activities — while still permitting those guns to be carried, albeit in a concealed manner, reasonably fits the State’s important government interests of public safety and reducing gun-related violence.

He then responds with this.

Really? Open carry is being banned because, by being visibly lethally armed, open carriers are putting themselves at more risk of crime? Would a reasonable person, deciding whether to openly carry a gun, think, “I probably shouldn’t do that, since people will be more likely to target me because they see I have a gun”?

This strikes me as quite implausible. To be sure, we can imagine some situations in which open carry could make a person more vulnerable. Indeed, as the court points out, in some situations, an attacker “might be more likely to target an open carrier” because the “visibly armed citizen poses a more obvious danger to the attacker.” In others, open-carrying by a gang member onto another gang’s turf might be seen as especially provocative and might therefore lead to a shoot-out.

But those would be relatively rare instances, no? On balance, wouldn’t there be many more situations where a would-be attacker would try to steer clear of a visibly armed person than where the attacker would deliberately target that person first? And given that the government interest is in preventing crime generally, the question is whether the law would on balance reduce crime, not whether it could in some rare circumstances reduce crime but in more common circumstances increase crime.

True, I know of no empirical studies one way or another. But even under “intermediate scrutiny” (as opposed to the highly deferential “rational basis” scrutiny), one should have either empirical studies or at least an inherently plausible theory, rather than mere hypothetical and unlikely speculation. And here the theory that, on balance, being visibly lethal will draw attackers rather than deterring them doesn’t strike me as plausible.

Now perhaps open carry bans might be justifiable on other grounds, such as that open carry (even holstered, rather than brandished) causes law-abiding passersby to feel uneasy. The two dissenting justices discussed that theory, and here’s what they had to say:

[The majority’s] reasons may not be totally irrational, but they do not provide any substantial justification for the ban on open carrying. Such “speculative claims of harm to public health and safety” are “not nearly enough to survive the heightened scrutiny that applies to burdens on Second Amendment rights.” There is no substantial link between the ban and public safety, and the State’s speculation is no substitute for such a link.

The suggestion that someone committing a crime “might be more likely to target an open carrier than a concealed carrier” is subject to the rejoinder that a criminal confronted with the presence of an open carrier may be more likely to leave the scene rather than face the uncertain outcome of exchanging gunfire with an armed citizen. In hostile encounters between armed individuals, the outcome is seldom certain, and even criminals can understand that fact.

Many — admittedly not all — armed criminals will give a wide berth to someone they know to be armed. Likewise, speculating about the disarming of individuals who are openly carrying firearms by “deranged persons and criminals,” is a grasping-at-straws justification.

The reality is that it is highly unlikely that these feeble proffered justifications had anything to do with the adoption of the statute banning open carrying…. The ban on open carrying is best understood as the Legislature’s response to the public concerns swirling around adoption of the concealed-carry law…. [T]he Legislature decided that the sacrifice of open carrying was a necessary and appropriate response to the public opposition generated by the passage of the concealed-carry law. But the legal landscape has now dramatically shifted. Heller has settled that the Second Amendment protects the right of individuals to keep and bear arms. And Heller‘s historical analysis points strongly to the conclusion that the individual right includes the right to carry arms openly in public.

This truth should be acknowledged: opposition to open carrying stems not from concrete public safety concerns but from the fact that many people “are (sensibly or not) made uncomfortable by the visible presence of a deadly weapon.”

Of course, many people are made uncomfortable by the fact that others are permitted to keep and bear arms at all. But contemporary sensibilities cannot be the test. Such sensibilities are no more a basis for defeating the historic right to open carrying than for defeating the understanding that the Second Amendment recognizes the right of individuals to keep and bear arms.

This is a tangled web, yes?  So let’s break it down.  The Supreme Court deferred to the legislature on what keeps folks safe, having relegated this question to intermediate scrutiny.  They found plausible (or said they did) the notion that someone could snatch a gun from an open carrier and thus make the public less safe.

But here they leave unaddressed the question why the legislature doesn’t prohibit LEOs from openly carrying weapons as it merely provides opportunity for gun theft.  And if the answer to that is the function they expect LEOs to perform, the obvious answer must be that according to Tennessee v. Garner, LEOs cannot do any more with weapons than you or I, to wit, self defense.  If the open carry of guns is unsafe, then prohibit LEOs from doing it.

Furthermore, why must we conclude that the public is less safe with open carriers just because the possibility exists that open carriers might be targeted first in any confrontation or mass shooting?  Wouldn’t that make the public safer?  That’s been my argument all along.  That an open carrier is the first target is an awful, terrible, cowardly reason not to open carry.

There might be good reasons, but that you don’t want to be the first target is not among those reasons.  I would rather I face an attacker than any women and children who might be around me.  Otherwise, what use am I?  Why am I here on earth if I cannot honor God in this way (John 15:13)?  If openly carrying a gun makes you the first target, and if there are people willing to be that target, then it stands to reason that this is advantageous to public safety and health.

Finally, the dissent make clear the real issue, and it was legal concealed carry is a compromise for squeamish and childlike people who think that the lack of visible presence of a gun on your hip means that you’re not armed.  Truth telling by the justices is a good thing. In other words, it’s an appeal to myth and fairy tale.  Few criminals are going to advertise their intentions in this manner, which is the reason that concealed carry at one time in history was considered ungentlemanly and boorish.

Tennessee Bill To Allow Open Carry Without A Permit

BY Herschel Smith
2 months ago

WBIR.com:

A Tennessee lawmaker is hoping to loosen Tennessee’s gun carry laws.

State Rep. Micah Van Huss, a Republican from Jonesborough, has introduced a bill to eliminate the need for a permit to open carry a handgun.

Under the law, you would still need a permit to carry a concealed handgun, but if you wear the gun openly, you would not need a permit.

House Bill 40 would amend the state’s weapon laws for open carry to bring Tennessee in line with several other states.

Several lawmakers who spoke with Tri-Cities NBC-affiliate WCYB said they support the proposal.

“Tennessee has eight bordering states, I think seven of them allow what’s called open carry,” said state Senator Jon Lundberg, for Tennessee’s 1st District. “Has it changed the dynamics in Virginia and North Carolina, not really.”

The bill has been introduced twice and was rejected both times. If approved, Tennessee would join the other 29 states that don’t require these permits.

“This is one that people are passionate about, they’re either for it very strongly or against it very strongly,” said Lundberg. “So you will see those kind of passions come out this time around.”

Right now, the bill is still in the early stages and doesn’t have a senate sponsor yet.

Well, it needs a sponsor, and it needs to be passed this time around.  Frankly, I thought that Tennessee was already a gold star open carry state like my own state of North Carolina.

Tennessee needs to join the ranks of states that recognize God-given rights like this one.  Anyway, Tennessee can show the way to Texans, who have permitted open carry, and who are flirting with constitutional carry if only the awful Lieutenant Governor will get out of the way.

One Year After Open Carry In Texas, How Is It Working Out?

BY Herschel Smith
2 months, 1 week ago

We know it’s working out just fine.  That’s not what we learn from this most recent report.  The cited article is from “Everything Lubbock,” and what we learn from their LEOs is important and interesting.

Assistant Chief Jon Caspell with Lubbock Police recalls similar “buzz” about the law and questions for the police department.

“There really was a lot of talk about it and the potential it might have, but really we haven’t seen hardly impact at all,” Caspell said.

Both Caspell and Palmer said they really haven’t seen people around Lubbock excercising their right to open carry.

“Even walking around in public and teaching in classes  I really don’t see anyone really carrying that way,” Palmer said.

[ … ]

Palmer explained some insight he shares with his students:

“I also explain how disadvantageous it can be if you give away the fact that you’re carrying a gun to a potential bad guy, they already see you as a threat first rather than being able to be reactionary and maybe stopping something from happening,” Palmer said.

Another facet of the Open Carry law is that law enforcement can ask people they see openly carrying to show their license.

Assistant Chief Caspell said to his knowledge, everyone LPD has checked  with willingly hands over their paperwork .

“We don’t have any reports that we’ve had any difficulty for the most part, the type of person–generally speaking– that wants to open carry is someone that wants to enforce the law. They understand what the law is therefor the reasons behind it,” Caspell said.

Caspell said he can’t speak for other Texas cities, but he believes in Lubbock, the law has been implemented smoothly.

“Lubbock seems to be more of a gun-friendly community and because of that culture here we just haven’t seen a whole lot of problems. Maybe that phrase, “in like a lion, out like a whisper,” might be a good phrase here,” Caspell said.

He added that just because someone is openly carrying in a holster doesn’t mean they are licensed. Caspell encourages anyone who is suspicious of another person they see carrying a weapon to give police a call.

There are three aspects of this report that deserve comment.  First of all, I don’t advocate open carry any more than concealed carry.  I advocate carrying the way you feel the most comfortable and tactically suited to the situation.  But if there are never any open carriers, then this right will be seen as a permission that is rarely used.  That’s not a good outcome.

Second, 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.  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.

Finally, this attitude by the chief LEO is disturbing and possibly illegal.  He has actually gone on record advocating that people call the police for a response when no law is being broken, or at least, when no one can demonstrate prima facie that a law is being broken.  I must remind LEOs reading this article once again that the Fourth Circuit had to slap down the Charlotte-Mecklenburg Police Department over stopping someone for openly carrying a weapon and actually arresting him for something else.

“… where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention.  Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states.”

It simply could not be clearer.  Moreover, every stop must be a so-called Terry Stop, regardless of what Texas state law says.  In this way I see the Texas law as unconstitutional.  LEOs should not, and do not, have the right to stop merely to ask for identification unless they have good reason to believe that a law is being violated.  So says the Fourth Circuit and the Supreme Court of the United States.  I said all of this before the Texas state legislature passed this bill, and they didn’t listen to me.  I would like to see this challenged in federal court, but before we ever get to that, I’d like to see constitutional carry in Texas in order to make this moot.  If Texas delays, as I suspect they will, then someone should challenge this in federal court.

In The Wake Of The Airport Shooting, The Case For Gun Carry Is Clearer Than Ever

BY Herschel Smith
2 months, 2 weeks ago

News from Florida:

Last week’s shooting at the Fort Lauderdale airport hasn’t put a dent in Sen. Greg Steube’s plan to allow concealed weapons permit holders to carry their firearms in airports. In fact, it’s only strengthened his resolve to pass the legislation, which he says is desperately needed to prevent future mass shootings in the Sunshine State.

“The situation at the airport further puts a big spotlight on the fact that gun free zones and laws that prevent law abiding citizens to carry.. the only person that protects is the criminal,” Steube told Sunshine State News Wednesday.

Steube’s proposal, SB 140, would lift some “gun free” zones in Florida where carrying firearms is prohibited, even for concealed carry permit holders.

If passed, the bill would allow Florida’s 1.7 million CCW permit holders to openly carry their firearms. The more sweeping part of the measure, however, would eliminate gun-free zones in places like secondary schools, local centers and government meeting areas.

Airports are also included.

Since last week’s shooting which left five dead and six wounded, Steube’s phone has been ringing off the hook. On Tuesday, the day the bill was supposed to be heard in the Senate Judiciary Committee, his district office received 120 calls alone.

He doesn’t understand why there’s such a resistance to CCW permit holders carrying their firearms around since they have to undergo background checks.  Statistically speaking, permit holders follow the letter of the law.

A 2015 report found CCW permit holders committed crimes at a much lower rate than police officers did. A Police Quarterly study from 2005 to 2007 saw an average of 103 crimes by police per 100,000 officers.

Well, all of that is true, but notice that the argument he uses to persuade others is based on data rather than fundamental and properly basic rights.  Very well.  Remember what we’ve discussed – incrementalism.  A bill doesn’t have to be perfect to get my support.  We can go for constitutional carry later.  One step at a time.

As for the airport shooting, someone remarked to me that things like this make our argument harder.  I disagree.  It makes our argument crystal clear.  As to how the shooter got a gun in the airport, he did so legally, just like a perpetrator can do it on virtually any street corner or grocery store in America.

Imagine this being on a street corner and someone asking, “just exactly how did this person come to have a gun to begin with?”  This is a stupid question, of course.  It’s likely he bought it.  If not, he stole it.  What does it matter?  Criminals intent on crime don’t care how they prepare for perpetration of their crime.

The only defense against this is to allow others (law abiding men and women) to carry weapons, openly and concealed.  Make your choice.  Don’t dictate how a man carries his weapon.  People who do that piss me off.  Word. They should drop their pink panties and put on big boy shorts.  Grow up and leave everyone alone instead of trying to be mommy.

How a man carries his weapon is analogous to what color he paints his car.  It’s his business, not yours.

Travis Haley Open Carry Tip

BY Herschel Smith
2 months, 3 weeks ago

Florida Open Carry Bill Filed

BY Herschel Smith
3 months, 2 weeks ago

It’s about time.

Senate Judiciary Chairman Greg Steube, R-Sarasota, introduced a controversial measure Friday that would allow the more than 1.67 million Floridians with concealed-weapons licenses to openly carry handguns.

Steube’s bill (SB 140), which is filed for the 2017 legislative session, also would expand the places where people with concealed-weapons licenses are allowed to carry guns. It would allow them to be armed at legislative meetings; local government meetings; elementary and secondary schools; airport passenger terminals; and college and university campuses.

License holders would still be prohibited from carrying weapons at locations such as police stations, jails, courtrooms, polling places and most bars.

During the 2016 session, the open-carry measure was approved 80-38 in the House but failed to advance through the Senate Judiciary Committee, which was chaired by former Sen. Miguel Diaz de la Portilla, R-Miami. Diaz de la Portilla lost a re-election bid in November.

Yea, I hope I helped in some small way to ensure that it was a failed re-election bid.  But what we see here is permitted open carry, with the same failings of the Texas permitted open carry law.

Police don’t know how to enforce it, given that there is no stop and identify statute in Texas (and all stops must be so-called Terry stops anyway).  Florida is a stop and identify state, specifically for loitering and prowling.

So how does this apply to open carry?  What role does the permit play in all of this?  There is an easier way to do this, and it’s to make the state constitutional carry with legal open carry.  Stop taking half way measures.

Richard A. Nascak, executive director of Florida Carry, weighs in on the coming kerfuffle.

U.S. Representative Frederica Wilson’s viewpoint, published by the Sun Sentinel on Dec. 2, is a mini-case study on irrational fears. She flatly states that the proposals to legalize open, campus, and airport carry are a “notion that sends chills down my spine.”

The reason is revealed by her own admission. “It’s almost too easy to imagine the horrific effect and consequences that such laws would have in urban communities.” And there we have the source — her imagination. Unfortunately, Rep. Wilson’s imagination does not represent the experiences of 45 other states with regards to open carry.

In recent years, several states have legalized open carry of firearms — Oklahoma in 2012, and Texas in 2016 (adding handguns to the already lawful open carry of long guns). Similar concerns were voiced by officials in those states prior to open carry becoming lawful. For example, both Tulsa Police Chief Chuck Jordan and Oklahoma City Police Chief Bill Citty strongly opposed open carry citing a myriad of unsubstantiated reasons.

Likewise, the first vice president of the Dallas Police Association, Austin Police Chief Art Acevado, and a host of other Texas officials opposed open carry. Here in Florida, we hear the same rhetoric from the Florida Sheriffs Association and in particular Pinellas County Sheriff Bob Gualtieri who, like his predecessor Jim Coats, threatened to shoot those seen openly carrying firearms.

So, what were the results of the legalization of open carry in Oklahoma and Texas? As pro-gun rights organizations predicted, much ado about nothing. Quoting from several media sources after passage:

•”We’ve not been responding to any calls, we’ve not had any complaints, we’ve not been taking reports. No, no issues here,” said Maj. Shannon Clark with the Tulsa County Sheriff’s Department. “We have not seen anything alarming or attention-grabbing at all,” said Tulsa Police Officer Leland Ashley.

•”I think it proves our point just a little bit that good, responsible people don’t get in trouble with firearms and that thugs and hoodlums get into trouble with firearms every day,” said Rogers County Sheriff Scott Walton.

•”We do not have anything interesting to report,” Cpl. Tracey Knight, spokeswoman for the Fort Worth Police Department, said last week. “Two calls so far, no issues. We have no concerns and we have had no problems.”

•”I said before this became law that I thought it was going to be much ado about nothing but I didn’t know it was going to be this much nothing,” Tarrant County Sheriff Dee Anderson said.

Rep. Wilson appears to be primarily concerned with black youths in urban areas. However as cited, Tulsa, Oklahoma City, Dallas, Austin, San Antonio, Houston, and other urban centers with a black youth population belie that concern. The fears are unsubstantiated.

So we get to the meat of the objection – she’s worried about those black boys carrying guns around.  But some of them do anyway, you just can’t see them.  Furthermore, I don’t object to peaceable men carrying guns.  If they pull them and threaten anyone, then that’s considered brandishing, and you can swear out a warrant for their arrest and have them charged.  Problem solved.

Unless of course the real problem is that you’re worried about undisciplined black boys being irresponsible with those guns and going to prison for it.  In this case, your problem doesn’t have a solution in the law.  You need to speak to the families and churches about that.


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