Boar Down!

Herschel Smith · 30 Oct 2022 · 9 Comments

Readers may have noticed I was absent the last several days.  It was a good time away.  A very good buddy and neighbor of mine, Robert, and I went hunting courtesy of the fine folks with Williams Hunting in South Carolina. I was shooting a 6mm ARC rifle with a Grendel Hunter upper, Aero Precision lower, Amend2 magazines, Brownells scope mount, Radian Raptor charging handle, Nikon Black scope, and a Viking Tactics sling.  I have no complaints about the gun.  It's at least a 1 MOA gun…… [read more]

Tennessee does not have REAL constitutional carry.

BY PGF
1 month ago

Source:

We are in early voting in Tennessee and there are lots of individuals running for governor and the state Legislature.  Many of them, including incumbents, are claiming that a) they are 2nd Amendment supporters and b) that they voted for “constitutional carry”.

Before you vote, know the truth.  The truth is Tennessee has NEVER had real constitutional carry in the last 200+ years and it does not today.

REAL “constitutional carry” means that it is not a crime to carry a firearm for a lawful purpose, such as self-defense.  Nor is it a crime to carry a firearm in most places – including public places – unless the place falls into a very narrow and limited exception.

Tennessee’s laws fail that standard.

First, Tennessee has Tennessee Code Annotated § 39-17-1307(a)(1) which says “A person commits an offense who carries, with the intent to go armed, a firearm or a club.”   That means it is a crime to carry any firearm in Tennessee “with the intent to go armed”.   That law is broad that it is even a crime to carry a firearm with the intent to go armed on your own property, in your own home, or even with a permit.  That is a true statement because Tennessee Code Annotated § 39-17-1308 makes each of those factors “defenses” to the criminal charge.   When something is a “defense” or an “exception” to a criminal charge, the burden is on the citizen to prove to a law enforcement officer or a jury that the individual’s conduct satisfied the elements of the defense.

Now, many police officers would not arrest or charge someone if they clearly could demonstrate the existence of facts supporting the defense – but the officer has the discretion to do so.

Even the 2021 “permitless carry” law, which many have erroneously referred to as constitutional carry” has at least 7 elements or conditions to its application.  Further, it is also written as an “exception” which means that the burden is on the individual to prove that the individual satisfies all of those conditions.

Second, Tennessee also fails the REAL “constitutional carry” standard because of part of what Bill Lee offered and the Legislature passed in 2021 in his “permitless carry” law.   As part of the 2021 law, they added Tennessee Code Annotated § 39-17-1307(g) which is the operative language of the permitless carry law.   However, it does not apply to everyone who can lawfully purchase or possess a firearm.  It only applies to handguns.  It only applies to individuals who can meet the other qualifications under that subsection – such as the age limit qualification and/or the provision that requires that the individual “is in a place where the person is lawfully present.”

Third,  Tennessee fails the REAL “constitutional carry” standard because of another part of what Bill Lee offered and the Legislature passed in 2021 in his “permitless carry” law.   As part of the 2021 law, they added Tennessee Code Annotated § 39-17-1307(h).  At least three subparts of (h) make it a crime for people who can otherwise legally purchase or possess firearms to carry those firearms “with the intent to go armed.”

Fourth, Tennessee fails REAL “constitutional carry” because it has many “prohibited places” statutes that make in crimes to possess firearms in some specific places (e.g., schools or public parks) but also any other place that might be “posted”.   The problem is that the 2nd Amendment never contemplated that these areas would be subject to government regulation.  In fact, the United States Supreme Court just ruled to that effect in June 2022 when it decided the case of New York Rifle and Pistol Association v. Bruen.  The Supreme Court essentially said if the right to carry or the manner or place of carry was not regulated by a law in 1791 (or in some instances in 1876) then it probably can’t be regulated constitutionally today.

REAL constitutional carry means that it is simply not a crime for someone who can lawfully possess a firearm to carry it for any lawful purpose – including self-defense.   REAL constitutional carry means that unconstitutional geographic and other restrictions on what, when and where you can carry a firearm do not exist.

So, be prepared when these elected officials and candidates start talking about Tennessee and whether it had constitutional carry.  If they can’t get that right, do they need to be in public office to protect your other rights?
Via WoG

Constitutional Carry In Indiana

BY Herschel Smith
8 months, 1 week ago

News from Indiana.

Indiana Governor Eric Holcomb made Constitutional Carry the law in Indiana on March 21.

This will allow any Indiana resident over 18-years-old who qualifies to carry a handgun on their person without a permit to do so.

Vanderburgh County Sheriff Dave Wedding says that it could make law enforcement’s jobs considerably harder.

“Now, if you have maybe three people who shouldn’t possess a weapon inside of a vehicle, and they get stopped by police and there is a weapon,” said Wedding, “they can have some young person, 18-year-old person in the car and just claim, hey, those are my guns.”

So what?  It’s none of your business.  Mind you own business, nosey.  Issue the traffic citation and move on.

Officials say on July 1 no one in Indiana will be required to have a carry permit.

Good.  Constitutional carry comes to yet another state, and here’s yet another prediction.  There won’t be blood running in the streets and regardless of the predictions of chicken little, the sky won’t fall.

Now.  How about South Carolina?

Gun group papers Chuck Brannan’s district demanding hearing for open carry bill

BY Herschel Smith
9 months, 1 week ago

Florida Politics.

The fliers were funded by the National Association for Gun Rights, which takes a “no-compromise stance when defending our right to keep and bear arms.”

Brannan, a Macclenny Republican, chairs the Criminal Justice & Public Safety Subcommittee. The flier includes a call to action to contact Brannan’s office and demand he slate a “constitutional carry” bill for consideration. Specifically, it seeks an agenda spot for legislation (HB 103) carried by Rep. Anthony Sabatini, a Howey-in-the-Hills Republican.

Sabatini, a lawmaker who regularly feuds with GOP leadership, tweeted the legislation was being blocked by RINO lawmakers …

“RINO Cowards like Chris Sprowls are once again BLOCKING Constitutional Carry!” he tweeted. “When will people wake up and vote these TRASH establishment ‘Republicans’ out?!”

Some members have pointed out there is no Senate companion legislation to Sabatini’s bill, which means the bill could not be passed by the full Legislature anyway.

Still, the gun rights organization would like the legislation considered by at least one chamber this year. If passed, the bill would eliminate any requirements for concealed carry permits in order for Floridians to carry firearms in public.

Until the bad actors are eliminated through primaries, this will continue to happen.  We pushed hard enough in South Carolina and made it such centerpiece legislation (even though I don’t live in S.C.) that they took open carry out of the judiciary committee and put it straight on the floor because the committee was blocking it.

Granted, it takes the majority of the senate to do that, but it can be done.

I really want open carry and constitutional carry for Florida.  I remain disappointed that the governor has not brought this up as an important piece of legislation and thrown his weight behind it.  Another reason, of course, that this is stalling is because LEOs are opposed to it.  Of course.

So far my reaction to DeSantis is … meh.

Indiana Senate May Vote On Constitutional Carry, But Is The GOP Blocking The Way?

BY Herschel Smith
9 months, 1 week ago

Dean Weingarten.

The Judiciary Committee was the chosen vehicle used by the Republican majority of senators to kill Constitutional Carry in 2021. The Republican senators had met in caucus and are reported to have used a secret vote to kill Constitutional Carry. They did so with the simple method of never allowing the bill to be debated or voted on in the Judiciary Committee.  The problem for the Republican senators is Constitutional Carry is very popular with their base constituency.

There are 21 states which have Constitutional Carry. It has not been a problem. Homicide rates have not increased. As with all the other reforms which have removed and loosened decades of infringements on the Second Amendment, the “blood in the streets” promised by those who wish to disarm the population, has not materialized.

Dean calls them RINOs.  I don’t use that term.  The two parties are mirror images of one another.

Don’t confuse them with the facts, Dean.  What you said is true.  They’re going after the soccer mom vote, and they know that no one will take the time or make the effort to oust them in the next primary despite what they say.

In Which Tom Knighton (Bearing Arms) And I Disagree

BY Herschel Smith
11 months, 1 week ago

Tom Knighton writing at Bearing Arms.

However, there are a couple of other bills that, if they pass, will put them squarely at odds with the federal government.

Senate Bill 2 and House Bill 7 would both create the Alabama Second Amendment Preservation Act. This act would prohibit state law enforcement from enforcing any federal law, or other legislation, regarding the regulation of firearms, firearm accessories or ammo.

The bills would also set up penalties for whatever agency violates the proposed bill. The penalty for a first offense is a class C misdemeanor with a fine no less than $500 or more than $5,000. For all other offenses, it is a class B misdemeanor with a fine no less than $1,000 or more than $7,000.

In other words, it’ll be much like Missouri’s law that went into effect earlier this year.

That law hasn’t really been tested in the courts yet, so we don’t know how that will go, so Alabama following suit may or may not be a great move for them.

However, there’s another bill that may cause far more problems.

A different bill, House Bill 13, would prohibit state law enforcement from enforcing any federal bill or other legislation pertaining to the regulation of firearms, firearm accessories or ammo, just like Senate Bill 2. However, this only pertains to those made and sold in Alabama.

Under existing constitution law, Congress is given the authority to regulate interstate commerce. This bill would provide that firearms, ammo and firearm accessories that are made in the state and are only traded within the state are not subject to federal law or regulation.

Now, on the surface, this looks great for Alabama and I happen to agree with the reasoning behind this bill.

That said, Kansas passed a bill like this a while back. There are now people in prison because they figured the law would protect them, but the courts disagreed.

Alabama is free to pass the bill, of course, but if you live there and think that once it does, you can go out and build yourself a machinegun, well, I have some very bad news for you.

It should be noted that the prosecutions in Kansas have been upheld by the courts, so there’s no reason to believe Alabama residents would have any better luck.

Frankly, this is a bill that probably shouldn’t be passed. Yes, it’s pro-gun and yes, I agree with the reasoning and thinking behind it. However, there are people who will think this gives them license to do things that it really can’t. It’ll hurt good, decent people who simply don’t realize they’re doing anything wrong.

That doesn’t benefit anyone, I’m afraid, so it’s probably for the best if this doesn’t actually get passed.

I think Tom gets this wrong on every account, and this certainly isn’t the first or twentieth time I’ve disagreed with the folks at Bearing Arms, and it won’t be the last.

To begin with, yes Alabama should pass both of these bills and they should be signed by the governor.  First and foremost should be the constitutional carry bill, but if they get this far, they should pass the balance of the pro-2A bills as well.

But then Kansas passed such a law and people are in jail because of it, right?  Well, not so fast.  We covered it.  Kansas passed a 2A sanctuary law and I covered it.  It was more of a nullification law, and had the express purpose of allowing the purchase of NFA items without seeking approval of the controllers inside the beltway.  I said at the time that unless the governor was willing to send state and county police to arrest and imprison FedGov agents who attempted to make arrests in Kansas for said actions, it was weak tea and not really a nullification law.  Even the sponsor of the bill said that it mostly symbolic.

The Alabama bill seems a bit different, focusing on whether agents of the state can participate with FedGov agents in making such arrests.  They are taking incremental steps.  Some state is eventually going to have to broach this issue sooner or later, but until a governor is willing to battle FedGov agents, we’re left with what we’ve got.

I see the last sentence of the paragraph … “This bill would provide that firearms, ammo and firearm accessories that are made in the state and are only traded within the state are not subject to federal law or regulation” … is the tricky part.  I wouldn’t test that part of the bill, if indeed it has that proviso.  As for prohibiting agents of the state from aiding the enforcement of any new federal laws, Alabama can certainly do that, and Missouri has thus far been quite successful thus far in preventing cooperation with the FedGov, which is a good thing.  Finally, if this portends to be a weak nullification law, I see it as possibly targeting FedGov control over things like semi-automatics and AR-15s as anything else.

As for the Missouri law not being tested in court, I seriously doubt that the word of a federal court will stand as the law if the governor of the state makes it clear that the state law will be enforced, and that agents of the state who aid the FedGov will indeed lose their ability to work in law enforcement ever again.

That’s the whole point.  There are certain things a state can do regardless of what a federal court says.  This is one of them.

Alabama should pass both bills, but only after focusing first on a constitutional carry bill.

Constitutional Carry In Florida And Alabama

BY Herschel Smith
11 months, 2 weeks ago

Florida.

Some top Florida Republican lawmakers have now said they would support constitutional carry legislation in the upcoming session.

The policy would allow all legal gun owners to carry firearms without a concealed weapons license.

The constitutional carry legislation was filed by the Legislature’s most outspoken conservative member, Rep. Anthony Sabatini.

“Our very liberal Republican Speaker Chris Sprowls has gotten tens of thousands of emails from gun groups,” said Sabatini.

The policy is split into two bills.

The first would allow gun owners to carry concealed weapons without a license.

“You don’t have to go ask the government for permission,” said Sabatini.

The second would allow for open carry.

Please tell me that open carry will pass, and that I don’t have to watch any more idiotic police antics with cops showing their ass to everybody when guys open carry while fishing?  Please?

Alabama.

A southwest Alabama sheriff and a state House member are again jousting over whether the state should abolish permits to carry concealed handguns.

AL.com reports that Mobile County Sheriff Sam Cochran spoke before the Mobile County Commission last week endorsing a resolution to keep permits. But state Rep. Shane Stringer, a Citronelle Republican who plans to sponsor a bill in next year’s legislative session abolishing the state’s permit requirement, urged commissioners to reject the resolution. A vote on the resolution could come Dec. 28.

Stringer is a former Mobile County sheriff’s captain who was fired by Cochran because the two disagree on gun permits. Stringer argues for “constitutional carry,” the view that the Second Amendment to the U.S. Constitution bars states from requiring permits or collecting fees for people to carry guns.

Remember Sheriff Sam Cochran (aka, Boss Hogg) who literally fired Stringer for having different political views?  Yes, that Boss Hogg.

To the folks in Mobile County.  Please tell me you’re going to find a way to get rid of that tyrannical goober you have for Sheriff.  Please?

Tennessee Permitless Carry

BY Herschel Smith
1 year, 9 months ago

News from Tennessee.

NASHVILLE, Tenn. — It’s back for another round: a bill that would no longer require you to get a permit to open or conceal carry your gun in Tennessee has returned during the latest session of the General Assembly.

Gov. Bill Lee and other state lawmakers pushed a similar bill last year, but Lee tabled it at the start of the pandemic.

“We don’t have to have a permit for first amendment purposes or to worship in a church,” said John Harris, executive director of the Tennessee Firearms Association. “Regulating it or taxing it or taxing the capacity to exercise it is unconstitutional. It’s an infringement.”

Harris says the bill pushed by Rep. Bruce Griffey and Sen. Joey Hensley is the right move and would relieve gun owners from the financial burden of paying for the permit and safety classes. Tennessee permits range from $65-$300. This does not include the cost of currently required safety classes and background checks. If passed, safety classes would also not be required.

Former officers and gun instructors tell FOX 17 News they have safety concerns regarding the bill. They worry people not being required to learn how to safely handle the gun will put lives at risk.

Is anyone surprised that those who risk financial loss (instructors for state-required classes) are opposed to this bill?

One Year After Constitutional Carry In Idaho And There Is No Blood Running In The Streets

BY Herschel Smith
5 years, 5 months ago

The Washington Times:

COEUR D’ALENE, Idaho (AP) – Exactly one year after it went into effect, an Idaho gun law that allows people to carry concealed firearms without a permit has had little effect on crime rates, state law enforcement officials said.

It has, however, impacted the number of Idaho concealed carry permits being issued, some firearm trainers said.

The law allows most residents age 21 or older to carry concealed guns without a permit inside cities, in bars and in most government buildings.

When the Idaho Legislature enacted its permitless firearms concealed carry law a year ago, it was not without warnings from a broad spectrum, including anti-gun groups and Idaho chiefs of police.

The warnings are still in place, but so far, adverse results haven’t materialized.

“We believe dismantling the longstanding and effective permitting system without taking additional precautionary steps will weaken public safety,” Bill Bones, Jeff Lavey and Rick Allen, chiefs of police in Ada County, wrote in a letter to the Idaho Statesman last year. “Our concealed weapons licensing system is the only way to determine the person is not a felon or dangerous person prohibited from possessing firearms.”

Coeur d’Alene Police concur that the permitless carry law has disabled at least one tool police used to check felons for firearms, but Detective Jared Reneau said the state’s latest gun law seems to have had little effect on crime rates in Coeur d’Alene.

“It hasn’t been a topic of discussion,” he said. “We haven’t noticed a significant increase.”

So far, 12 states – the number has increased from eight a year ago – have adopted permitless concealed carry firearms laws. They include Alaska, Arizona, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, Wyoming, and West Virginia. A permitless carry bill was passed in Michigan’s House this month and is on the way to its Senate.

In Nez Perce County, Idaho’s most gun-friendly county where an estimated 59 percent of residents own guns – the highest rate in the state – Sheriff Joe Rodriguez said his department did not anticipate an increase in gun crimes a year ago when permitless carry became law.

“The way we look at, we live in the Northwest. Everyone has a firearm,” Rodriguez said.

His officers are trained to be alert for weapons, and permitless carry didn’t change that. It didn’t affect crime rates either, he said.

“Nothing has changed,” Rodriguez said.

He anticipated the number of residents applying for concealed carry permits would fall off, but that didn’t happen, either.

“We’re still processing a lot of concealed weapons permits,” he said.

Concealed weapons permits are required in neighboring states and Idaho’s enhanced concealed weapons permit is honored in a majority of them. That makes it a popular choice among gun owners.

Ed Santos, who operates Center Target Sports in Post Falls, which has trained 24,000 firearm owners in 12 years to obtain a concealed permit, has noticed no downward trend in its business.

Santos said some thought the number of concealed carry permits would decrease because they would no longer be needed.

“That has not been the case,” he said. “We’ve actually seen an increase.”

He attributes that to firearms owners becoming accustomed to carrying without a permit, and wanting to travel to other states with a gun in their belt. In most states, they need a concealed permit to do that.

“We really haven’t seen a negative impact,” Santos said.

Post Falls Police Chief Scott Haug, president of the Idaho Chiefs of Police Association, said the permitless carry law has not resulted in an increase in crime. It may, however, have given a green light for people inexperienced with guns to carry firearms without proper training.

One of Haug’s officers found a handgun under a tree in a park, he said, and he has seen people in Walmart with pistols hanging out of their back pockets.

“People get complacent,” he said. “They don’t understand how quickly that gun can be used against them in a matter of seconds.”

This is an amazing article.  First of all, blood isn’t running in the streets.  Second, we learn that peaceable, law abiding citizens still want to be peaceable and law abiding, meaning that for states that still require permitting and with travel freedom being at stake, permits are still valued.  Constitutional carry needs to continue sweeping the nation for God-given rights to be fully realized.  Only peaceable men follow the law.

Third, read the LEO’s warnings again.  They preached their “blood will be running in the streets” sermon before passage of the bill, it didn’t happen, and yet that has had no effect on their sermon.  Facts don’t inform their hysteria.  They never have, anywhere this has ever come up.  I’ve documented this same sort of thing with open carry in Texas, only to see them react with shock when blood didn’t run in the streets.  They’ll preach it until they have no more breath to speak.

Finally, consider that gun sitting under the tree in the park.  It must be the fault of permitless carry, huh?  So what the hell does that have to do with the rest of the article?  Do they pay people money to write this crap?

Constitutional Carry Update In Alabama, Texas And South Carolina

BY Herschel Smith
5 years, 7 months ago

Mark Chesnut:

Three states—Alabama, Texas and South Carolina—are currently vying to be the next state in the nation to do away with the requirement for law-abiding gun owners to be licensed by the government to carry a concealed firearm for self-defense.

This expansion of the “permitless,” or constitutional, carry movement represents a continuation of a march toward freedom occurring throughout the country.

On Tuesday, the Alabama Senate passed that state’s version of an NRA-backed permitless carry measure—Senate Bill 24—by a 25-6 vote. The bill now heads to the House, where it will likely be assigned to the House Public Safety and Homeland Security Committee.

Put simply, SB 24 would eliminate the requirement to obtain a permit to lawfully carry in the state.

[ … ]

In Texas, the House Committee on Homeland Security and Public Safety on Tuesday also passed a permitless carry measure. HB 1911, which passed in the committee by a 6-2 vote, eliminates the requirement for obtaining a license to carry for law-abiding citizens who would otherwise meet the eligibility requirements to qualify for that license.

[ … ]

Meanwhile in South Carolina, efforts to pass permitless carry legislation are also moving forward. Like the House version, the Senate bill—SC Constitutional Carry Act of 2017—allows those who are legally permitted to own, carry or purchase a firearm to do so without having to obtain a permit. Open carry, which allows for a person to carry a firearm exposed on their person, also would be permitted.

Since the last time we discussed the status of constitutional (and open) carry in South Carolina, it’s been difficult to get a read on the status of things.  The House has passed a bill, while the senate is currently debating one, it seems.

But Martin requested the panel suspend discussion on his bill, and instead pick up the House bill to increase the proposal’s chances of becoming law by the end of session the first week of May.

“I just want to give people their constitutional rights to carry,” Martin said.

You see where this is headed, don’t you?  The house was able to get something done.  The senate, not so much.  They have their own version, and if they pass something different than the house, it will have to be “worked out in committee,” likely not getting done before they leave.

And it will all have been done by design.  It appears that Shane Martin wants to move things along, but he has run square into the blocking schemes of the collectivists.  Dean Weingarten points to a potential score in our column, though.

There are 27 Republicans in the Senate, and 18 Democrats. Mere numbers are not the entire story when it comes to passing legislation.  In 2016, the Constitutional Carry bill was bottled up and killed in a Senate subcommittee. Senator Katrina Frye Shealy (R) Lexington was one of the primary opponents. She is still on the Judiciary Committee, which is a likely place for the bill to be sent in the senate.

This year she is listed as a sponsor of SC S0449, which is a senate bill quite similar to H. 3930.  If she actually supports Constitutional Carry in 2017, it would be a significant change.

Contact your senators yet again and let them know where you stand.  This is easy, and we all know it.  Use Robert’s Rules of Order, make a motion, second the motion, “call the question” (or stop debate), and vote on the motion.  It’s easy.  I’ve done this many times in church government.  It can be done in two minutes or less.

You know it can be done, state senators, I know it can be done, and my readers all know it can be done.  We’re privy to the games you play, and “we tried ever so hard but couldn’t reconcile the house and senate bills” just won’t do.  That isn’t good enough.  That will never be good enough again.  That excuse has run dry.

So who wants to be the laughingstock?  Who wants to stop constitutional carry, folks?  South Carolina, Alabama or Texas?  Who among the three of you wants to look the most like communist China?  Who wants to prove themselves the most corrupt?  Who wants to paint that target on their backs?  Speak up.  We’re waiting and watching.

North Dakota Constitutional Carry

BY Herschel Smith
5 years, 8 months 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?


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