Giffords Law Center Presents Anti-Gun Arguments That Contradict Not Only The Constitution, But Their Own Positions

Herschel Smith · 22 Apr 2020 · 6 Comments

In an Amicus Brief submitted to the United States District Court for the Southern District of California, Miller versus Becerra, the Giffords Law Center and associated attorneys make the following argument. Such combat-style features distinguish military rifles and their semi-automatic counterparts from standard sporting rifles, and are not “merely cosmetic”—they “serve specific, combat-functional ends.” H. Rep. No. 103-489, at 18. The Regulated Assault Rifles include features that…… [read more]

Florida Open Carry Update

BY Herschel Smith
1 week, 2 days ago

News from Florida.

“This is an easy one for me” to support, Commissioner Kristine Isnardi said.

“I’m happy that it went through,” Lober said after the County Commission meeting, although he noted that it may be a challenge to get an open-carry bill approved by the Florida Legislature in the form he wants.

Commission Vice Chair Rita Pritchett voted against Lober’s resolution.

Pritchett said she encourages people to get concealed weapons permits and carry their weapons, and believes 18-, 19- and 20-year-olds “should have complete adult rights.”

But Pritchett said she has qualms about having open-carry in Florida.

“I do believe that people should carry guns,” Pritchett said. “I’m just struggling right now with where I’m landing on open-carry.”

[ … ]

Three states (California, Florida and Illinois) and the District of Columbia generally prohibit people from openly carrying firearms in public. Two states (New York and South Carolina) prohibit openly carrying handguns, but not long guns. And another three states (Massachusetts, Minnesota and New Jersey) prohibit openly carrying long guns, but not handguns.

[ … ]

Indialantic resident Fred Rotz, who has a concealed weapon permit, said he is not against guns, but strongly objects to open-carry, saying it’s “provocative and unnecessary and unproductive.”

What a shame that South Carolina gets brought up again as being aligned with New York in disallowing open carry.  What an embarrassment to the Palmetto state.  Say, why doesn’t Palmetto State Armory get involved in the politics behind this?  They have substantial pull in S.C., and the resources to effect change.  So does FN, right down the road from PSA in Columbia.

This is weak tea.  All the county is doing is suggesting a new state law.  It would have been better for this county to have gotten into a knock-down drag-out fight with the state over this.  At least it would show Florida LEOs and pols how stupid they have been.

Legality Of Open Carry Blamed For Violence In Atlanta

BY Herschel Smith
3 weeks, 5 days ago

Ridiculous news.

Bottoms explained that the shooting violence is “happening across the country” and is a combination of a “lack of access to healthcare,” unemployment, coronavirus and injustices seen across the country. She then added that Georgia is an “open carry state,” which allows people to “walk down the streets with assault weapons” without being stopped for probable cause.

“What’s happening in Atlanta is what’s happening across the country. There is a combination of things,” Bottoms replied. “There are … these systemic issues, including lack of access to healthcare, including people being unemployed, people are dying of COVID-19. We witness the injustices that have happened in front of our eyes, and it’s boiling over into our streets. It’s happening in Atlanta. It’s happening across the country.”

“The irony of it is that our overall crime rate is down by 18%. But in Georgia, an open carry state, people are allowed to walk down the streets with assault weapons and we don’t have probable cause to stop them,” she continued. “You don’t get to pick and choose which demographic you get to stop and question as to why they are walking in our streets with open weapons. It is an issue in Atlanta. It’s an issue in other cities across this nation, and it is one that we take very seriously.

Shut up, she explained.

So no I won’t shut up.  And I’ll explain a few things.  Braselton, Ga., has a violent crime rate of 0.09 per year per 1000 residents.  And yet open carry is legal in Braselton just like it is in Atlanta.

The Atlanta crime rate, on the other hand, is 7.69 per 1000.  So now that I’ve explained this, I’ll turn it back over to idiot mayor Bottoms.

Take it away.  Now explain how open carry is responsible for crime in Atlanta.  Go ahead.

Open Carry Stories

BY Herschel Smith
1 month, 1 week ago

Dean Weingarten writing at Ammoland.

I open carry in Wisconsin on a very regular basis, rarely do I have someone say anything to me about it, but every now and then…

Last fall I was standing in line to pay for a coffee at our local Kwik Trip convenience store. I was openly carrying my Glock 22. I noticed a man look at me and then go about his business. As I went out to my truck he came outside.

He said, “sir, is it legal to carry a pistol like that in public?”

I replied yes it is, both our American constitution, as well as our Wisconsin constitution, protect the right to keep and carry arms.

“He then said oh, you have a permit to carry.”

I replied, no permit is required to carry openly in the State of Wisconsin.

This man was both shocked and excited. He thought he must have a permit to carry, and confided that he was wanting to do that, but was afraid the process would be long and expensive. I informed him it is not; while waiting, he should study up on our gun laws and carry. He was very thankful.

Several weeks ago I walked into an Aldis grocery store. Several people took note I was openly carrying, but did not say anything.

As I walked out of the store, a car was approaching. I waited for it to pass and then proceeded to cross the parking lot.

The driver of the vehicle got out of his car and crossed the parking lot and said, “sir, I want to thank you.”

I asked him “What for?”

He replied, “I want to thank you for carrying your sidearm in plain view. It does my heart good when I see people doing that. I feel safe and comforted in knowing if a wacko walks into an establishment with malicious intent, and sees someone who is armed, most likely he will change his mind, as he is looking to hurt, not be shot.  Thank you for using your rights.”

As we talked he thanked me again for open carrying and said that I had given that push he needed to start carrying himself. I told him, more people need to be using their liberty. Liberty unclaimed, unused, is easier to lose.

Today, a buddy and I walked into Wal-Mart.

I go into Wal-Mart several times a week open carrying.

I have never had anyone say anything to me, but today was different. I was carrying my Glock 22. Today was a two mag day.

My buddy was carrying his nickle plated .45 Long Colt on a western style gun belt. It is a very flashy pistol.

We did our shopping. Upon entering the checkout line, a look of panic appeared on the face of a cashier standing near by.  She called the manager.

As I’ve said before, I open carry “For the peace, good and dignity of the country and the welfare of its people.”  I’ve also said that “There is no prima facie reason that open carry cannot be legitimately for the reason of making a statement or for education purposes.”

Honor both the first and second amendments, and open carry when you can.

Status Of Open Carry In South Carolina

BY Herschel Smith
5 months, 1 week ago

Report from South Carolina.

“We’re at a standstill both with gun reform and gun expansion,” Charleston Democratic Sen. Marlon Kimpson said this week. “I don’t think you’ll see any of those bills come to the floor this year and, if they do, it will be purely for political posturing.”

Senate Bill 139, which  would allow anyone to carry a weapon without a permit, is on the Senate calendar for second reading, but falls further behind every day on the chamber’s contested slate. Carrying weapons without a permit is known by supporters as “constitutional carry.”

But most bills on either side of the issue remain without hearings in committees. Kimpson is a sponsor of Senate Bill 731, which would expand background checks, also known as closing the Charleston loophole. The bill has been pushed every year since a white supremacist slayed nine black church goers in Charleston in 2015. It would extend the wait time for FBI background checks from three days to five days in South Carolina.  It is stuck without a hearing in the Judiciary Committee.

A guy by the name of Peter Zalka is at the root of trouble-making on this.  Listen to his reasons, and make sure to notice the headline (“Pro-Second Amendment Group Concerned Over ‘Open Carry’ Bills).

“Passage of this bill will allow anyone to openly carry a revolver or semi-automatic handgun in any public establishment such as a grocery store, movie theater, or Walmart. Spending legislative time and effort to pass any laws that would make legal the open carry of handguns (with or without a permit) makes South Carolina no safer at best, with significant negative effects on our communities a given.”

Zalka called the proposed legislation a threat to public safety and public health.

“The world would look like a different place,” he said. “Imagine being in Charleston at a park or Spoleto, something like that, and all around us there are folks wearing their guns on their hip. They have no training, no permit, no understanding of South Carolina laws.”

Zalka said he spent the day hand-delivering letters of opposition to lawmakers, including letters from physicians, law enforcement, and other nonprofit organizations.

[ … ]

Groups like South Carolina Carry feel the opposition is simply fearmongering.

“We are surrounded by open carry states. North Carolina has open carry, Georgia has open carry, Tennessee has open carry,” said Dan Roberts, Outreach Director for South Carolina Carry. “They all have vibrant tourism industries and no problem with people being terrified at the sight of a firearm. So, is South Carolina somehow special? It’s ridiculous.”

He had a moment of truth there.  This is all about the effete gentry class in Charleston wanting to make sure their tourism isn’t affected.

But the truth is also told by South Carolina Carry.  ““We are surrounded by open carry states. North Carolina has open carry, Georgia has open carry, Tennessee has open carry,” said Dan Roberts, Outreach Director for South Carolina Carry. “They all have vibrant tourism industries and no problem with people being terrified at the sight of a firearm.”

There won’t be blood running in the streets, and that lie was told in Texas, Oklahoma and everywhere open carry has been legalized.  It’s been debunked, so let that one go, controllers.

So if you’re a South Carolina reader, have you joined South Carolina Carry?  Are you active in this fight?  The enemy sure is.  Because if you’re not active, you have no right to complain when you’re compared to California, Hawaii and New York.

Open Carry Texas: Return To Olmos Park

BY Herschel Smith
5 months, 3 weeks ago

The traitor responsible for the continued violations of the constitution of the U.S. and of Texas law is none other than a sworn defender of the same, Olmos police chief Rene Valenciano.  He is an awful person who cares not the least about lying and abandoning his oath.

So the claims on their web site are all lies.  He and his traitor officers have no intention of obeying Texas law, in which open carry is legal.  This also raises yet another question: where the hell is the Texas attorney general?  A police chief is violating Texas law and infringing on constitutionally protected rights.  Where is the Texas attorney general on this?  Missing in action?

Police chief Rene Valenciano’s email address is: policechief@olmospark.org.  Feel free to tell him he’s a traitor.  The city manager is Celia DeLeon, and her email address is: citymanager@olmospark.org.  Is she a coward?  Just why hasn’t she shut down Valenciano’s traitorous henchmen yet?  Is she waiting for a massive lawsuit that bankrupts the city?

By the way, police chief.  That fat boy officer in the video, yea, him.  Tell him to go on a diet, put on a backpack, and hit the trails.

And as for my readers in Texas (I know I have a lot of them), you know what to do next.

South Carolina Open Carry: Enemies In The Camp

BY Herschel Smith
6 months ago

Opinion.

I am asking everyone to consider the folly of passing State Law S-139 (Open Carry).

As a gun owner, concealed carry weapons permit holder and a member at a local shooting range. I applaud our state’s concealed carry permitting program and my fellow South Carolinians who have taken advantage of it. It is comforting to know that so many of our residents are responsible and committed gun owners.

The proposed changes to S 139 (with or without a permit) do nothing to ensure gun rights. In fact, they would do more to erode the rights of the majority of our population who do not choose to arm themselves every time they leave home. Instead, they would become vulnerable to a minority of individuals who, for reasons of their own, feel they must display their power on their hip.

Perhaps the armed stranger has had hours of classroom and range time … perhaps not. How would we know?

I have written before that “I don’t want an amateur with a gun anywhere near me. I certainly don’t want to be one.” By passing constitutional carry/open carry, we are not serving our citizens. In fact, it is just the opposite. We allow a portion of our population to endanger themselves and their neighbors.

If we have learned anything from the opioid epidemic, it is that a large number of people simply cannot be trusted to behave. We fail this population and their victims by promoting open carry and the display of firearms with or without a permit.

We have an opportunity in South Carolina to set the bar for gun rights, gun safety and responsible stewardship of the Second Amendment. With or without a permit, constitutional/open carry accomplishes none of this.

Bill Ware, Spartanburg

Well Bill, I think you have psychological problems.

First, as to your remark “Perhaps the armed stranger has had hours of classroom and range time … perhaps not. How would we know?,” you’ve neglected to address the very issue that defeats your argument.  Concealed carry, which you allege to support.

You also don’t know whether a person is carrying concealed, you see?  You’ve stated that the only problem as you see it is that when someone hides a weapon, you don’t have to think about the fact that someone could intend to bring your harm, but when they openly carry, you must think about that fact.

This is entirely a mental problem with you, you see?  This has nothing whatsoever to do with the question can someone be safe with a firearm, can someone bring you harm, can someone be trusted.  It has only to do with your mental state.  I refuse to be part of your twisted mental world where hiding problems makes them go away.  I hope South Carolina residents see this the way I do.

Second, as to your statement that “a large number of people simply cannot be trusted to behave,” you don’t know that.  You just made it up.  You’re in the same category of the chicken little naysayers in Texas, Oklahoma and elsewhere who said “There will be blood running in the streets” if this law passes.

And none of that happened.  In fact, I live in an open carry state, and there isn’t blood running in the streets.  So you see, you made a problem out of something that isn’t.  You fabricated a falsehood.

Finally, since the RKBA is a God-given right, I’m not beholden to your views of making the world a better place for you and other collectivists.  That’s not the purpose of the second amendment.  The second amendment is a right, not a license for you to try to control other people.

You have things exactly backwards.

Open Carry Incidents Examined, Myths Debunked

BY Herschel Smith
9 months, 1 week ago

Nevada Carry.

Three incidents confirmed incidents of open carriers robbed or attacked, only one fatality, and one thwarted attack. One of those victims was killed when he chased the now-armed robber down. Two of the open carry incidents can only be dubiously considered to be true cases of open carry. Six of the incidents, the majority, were confirmed to be concealed carry.

What did these events have in common? Most of these events took place during the hours of darkness. What appears to be common thread with those who were disarmed is carelessness, including:

  • Repeated failures of situational awareness by letting the bad guys get too close.
  • Failure to use a retention holster (including off-body carry).
  • No will to fight back.
  • No skills at retaining control of the weapon.
  • Using the gun as a talisman rather than a serious tool.

The majority of these incidents show, or at least hint at, major failures in judgment and basic self-defense techniques. Human failure, not systemic failure. Three equivocal documented events in recent news don’t amount to a denunciation of open carry as dangerous. It’s like saying concealed carry, with its higher rate of incidents, should be discounted as well.

The assumption that an openly carried weapon constitutes an invitation for victimization is false in light of the isolated incidents. A few events do not constitute an abundance of evidence. Rather, abundant evidence is available that open carry is indeed a deterrent to crime while concealed carry lacks that deterrent factor.

With six incidents of weapon theft during concealed carry in this informative article.  Frankly, there aren’t enough incidents to convince me that any of this is statistically significant, even though I think this is a good analysis (concerning the primary point of situational awareness).

Bob Owens (when he was alive) used to pan open carry on the basis that it was an invitation to weapon theft.  I disagreed, and still disagree with his successors at Bearing Arms who also take his position.

And I will open carry whenever I think it’s appropriate and I wish to remain comfortable by avoiding the necessity for concealed carry.

Psycho Cops

BY Herschel Smith
9 months, 3 weeks ago

But then, that’s being redundant.  This one comes to you via reader Ned.

I don’t know which Shelby County this is (there are two of them).  But whichever Sheriff is to blame, his boys need retraining.

This isn’t a “Terry Stop.”  No one to whom he is talking is suspected of a crime.  The gun owner isn’t breaking any laws.

And I’ve pointed out before that if a cop issues a command to touch your firearm, that’s no different than him touching your firearm.  Both actions are idiotic.  Nothing anyone could do (except the cops unholstering their weapons and pointing them at someone, which they do with regularity) could possibly make the situation more unsafe than for someone to have to touch their weapon.

Negligent discharges could occur, misinterpretation of intent could occur, and unfamiliarity with the weapon design (if the cops are handling the weapon) could cause a discharge and injure or kill someone.

And by the way, that command issued at the end of the video, “Sir, come back here,” was an unlawful command.  I suggest come retraining in the case of Nathaniel Black before the Fourth Circuit.

Police Tags:

Movement In Florida Open Carry

BY Herschel Smith
9 months, 4 weeks ago

The good.

TALLAHASSEE – Floridians would be able to carry guns openly in public without a license under a bill filed Tuesday by state Rep. Anthony Sabatini.

The measure, called “constitutional carry,” is already in place in 16 other states. It would allow lawful gun owners to carry weapons openly without a license in places where concealed guns are currently allowed.

“Somebody should be able to exercise [their Second Amendment] right without a cost,” said Sabatini, R-Howey-in-the-Hills. “I don’t believe if somebody wants to defend themselves they should have to garner the permission of the government.”

Democrats and gun control advocates are likely to vehemently oppose the bill if it starts to move in the Legislature.

“It’s dangerous. Open carry is dangerous,” said Rep. Carlos Guillermo Smith, D-Orlando. “The solution to the epidemic of gun violence is not less restrictions on guns, it’s more. We need more training, more background checks and less guns.”

The bill, HB 273, goes further than other proposals to relax gun restrictions, such as campus carry or open carry, that have died in the GOP-controlled Legislature in recent years.

Sabatini acknowledged it could be difficult to get the measure through the Legislature when lawmakers convene for the session in January. He said some senators are thinking about sponsoring a version of the bill in that chamber, but added that it is the first time a “constitutional carry” bill has been filed in Florida.

It could take a few years before legislation on such a hot-button issue makes it into law, he said.

Although Democratic gun control bills, including a ban on assault weapons sales and capping magazine capacities, haven’t received a hearing, GOP-backed proposals to allow concealed carrying of guns on college campuses and open carry haven’t gained traction, either.

It’s good to see this come up again.  Cheers to the brave Congressman who submitted this bill.  And for the bad news?  This has a snowball’s chance in hell of passing.  Florida is a misplaced Yankee state.  And for the really bad?

PALM BEACH, Fla. — Right now there’s a push to add restrictions to a current law that allows gun owners to open carry in Florida under certain circumstances. This comes after a recent demonstration of gun advocates openly carrying their rifles and guns on the Royal Park Bridge leading into Palm Beach.

Michael Taylor was one of those gun owners.

“We’ve demonized firearms to a point where we need to un-demonize it,” he Taylor with Florida Carry said.

Taylor who said he started to exercise his open carry right while fishing after he was almost robbed under a bridge one early morning.

“Ever since that day I’ve been open carrying,” Taylor said.

In March, he and a group of other gun owners demonstrated their rights by fishing on the Royal Park Bridge also holding American flags and flags in support of President Donald Trump. Citizens who saw shotguns and AR 15s called 911.

Training and Community Relations Coordinator Michael Ogrodnick at the Palm Beach Police Department said it is the duty of officers to respond and find out what the intent of the gun owners is. He said all of the officers are trained and know the law. The issue he believes is that the statute as written allows for gun owners to open carry while or on the way to or from hunting, fishing, or camping regardless of what’s around those areas.

“We believe the spirit of the law was for someone who was hunting, fishing, camping, in a rural area, a fishing hole, out on a lake, not in a Downtown commercial area in West Palm Beach walking over to the barrier island of Palm Beach,” said Ogrodnick.

Palm Beach Police Chief Nicholas Caristo has written a letter to Senator Bobby Powell asking that the introduce an amendment to the wording of the current law.

“The chief has requested that the legislation just be amended to read that within the 1500 feet, Birdseye view of a school, house of worship, guarded beach, or government building, people exercising their second amendment right not open carry within that distance of those buildings,” said Ogrodnick.

I bolded it.  He’s lying.  There is no such duty, and he knows it, but 99.999% of the idiot voters and politicians will believe him.

Leave it to LEOs to muck up the situation rather than making it better.  That’s their specialty.  It must be in their procedures somewhere.  Or perhaps just in their DNA.

By the way, speaking of misplaced Yankee states, with all the crap going on in South Carolina, I’m beginning to wonder if it isn’t a misplaced Yankee state too.  Say, what’s going on at the S.C. open carry front?  Nothing?  Like I had suspected?  All of it just for show, opposed at every step by the cops and politicians?

Tyrant Cop Threatens Open Carrier In Florida

BY Herschel Smith
9 months, 4 weeks ago

I have several observations.

First, the “commander” is an asshole.

Second, they don’t know the law the way they should.

Third, and I’ll say this for the hundredth time, muzzle flagging people like cops do is dangerous to life.

Fourth, listen again to the “commander’s” words.  Any time someone says that they support the second amendment, but … you know they’re lying.

Fifth, it’s good to see folks in Florida challenging the cops.  These 2A audits are becoming a thing.  I like that.  A man has no business telling me how I should carry my weapons.


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