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Category Archives: Open Carry
The city says that they “admit no wrongdoing,” but don’t be fooled.
Madison announced today that it has settled a lawsuit brought by five men who openly carried handguns in a Culver’s restaurant last September for a total of $10,000.
This is a big deal. $10K is chicken feed compared to what they could have lost in a Federal Civil Rights lawsuit, but it is not a slap on the wrist either. You can bet that the Chief of Police will be spending quite a bit of time reiterating to his officers that Open Carriers are not to be screwed with.
In a letter (PDF) to Madison Common Council members, city attorney Michael May says the city has settled. “Based on the cost of defense and the possible costs of an adverse verdict, the city reached agreement to settle the entire case (all five plaintiffs) for a total of $10,000,” May wrote.
Read the PDF letter here
This incident was the fourth post on this blog. The incident was more than a year ago. This illustrates the patience you have to possess in order to see the change made in how police officers act. You can’t expect it to happen overnight. The wheels of justice grind slow, but they grind exceedingly fine.
We are winning
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How strange. He almost sounds like a firearms rights advocate. Or my dad.
The problem is, if everybody acquiesces to a violation of our rights, do we still have the right? I would argue that unless the right is exercised, it doesn’t exist. Therefore, when a law enforcement officer is enforcing laws that don’t exist, it is incumbent upon us to stand up for our rights.
What’s really strange is that he’s talking about bicycles. Two guys were out riding their bikes and got harassed, tasered, and beat down by a cop who thought bikes should stay off the road.
RTWT. It will remind you that we aren’t alone in this problem.
Ht: Radley Balko
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My father has been catching hell from one or two people who are politically active in his area of Pennsylvania. He has thrown in his lot with the Tea Party people, gotten himself appointed as a Republican Committeeman, is planning on standing for regular election as a Committeeman, and has
announced his candidacy for County Republican Chair (Dad says the Bylaws prevent this). To say that he’s unhappy with the direction of the Republican Party in his county would be a vast understatement. My sweet and kind mother, a lady who came from Great (it still was, in those days) Britain in the 60’s, has gotten pretty militant about guns. From a woman who actually told my father that he only wanted a gun to make himself feel more manly, she has become a concealed carrying Second Amendment absolutist. She figures that if you want to take her gun, you probably want to do something nasty to her. She’ll keep her gun, thanks very much, and if you get nasty, you’ll find out why she is keeping her gun.
To that end, they are both getting organized for a Second Amendment rally in October. And they are going to Open Carry. Dad has been catching hell for this decision from a few people who are “concerned” about the “image” it portrays of gun owners.
I have been mulling it over in my mind; the arguments for and against openly carrying a gun. Exercising my rights etc and believe me when I say this is not difficult for me.
Any right not exercised is a right lost. If you do not speak out and address an injustice, you have abridged your freedom of speech. If you fail to meet your friends for any reason except you don’t want to, you have abridged your freedom of assembly. Let us say you refuse to file a complaint against a police officer who mistreats you because of fear of reprisal, you have given up your right against unreasonable search and seizure. You get the picture.
Sounds to me like Dad’s got the right idea.
Let’s talk about the nature of propaganda. We have been told that “people will be afraid” if they see a gun. We are good and decent people, so we naturally don’t wish our friends and neighbors to be afraid of us, so we rarely carry a gun openly. Now wasn’t that so much easier than trying to ban open carry?
If those who argue against gun ownership were successful in passing a law against open carry, they would piss off the open carriers, of course. But they would also piss off that much larger group of people who resent being told what to do. A whole raft of people who don’t care one way or the other about Open Carry would run out and buy the most obnoxious guns possible just so they could flout the new (and unconstitutional) law. So the opponents of guns are much stealthier. They try to convince you that you are alone. They try to convince you that if your neighbor sees you with a gun he or she will fear and loathe you. They try to convince you that you are the crazy person. In reality, none of that is true, but 50 years of TV news propaganda has convinced you that it is.
Here’s what I recommend. Get a gun. Learn how to use it. Check your local laws (PA is VERY lenient on OC) and Open Carry. Once you get over the initial nervousness, you will be bored out of your mind. Where are all the screaming neighbors? Where are the SWAT teams converging on you to prone you out and seize your gun? They don’t exist. They are all phantoms.
And give up on Open Carry being a bridge to teaching your friends and neighbors about gun ownership and law. Your friends and neighbors probably won’t notice. Let’s face it. One more black object stuck to your hip in this era of universal cell phone ownership isn’t much of a red flag. It makes it really hard to start a pro-gun conversation with a person who doesn’t even notice that you are carrying a gun.
What Open Carry does is teach the Open Carrier that guns are not universally despised in society. The few that notice will almost without exception be positive. They might be surprised, but after a quick question about the legality of it all they will wander off happy that one more law abiding citizen has a gun. I’ve done several Open Carry dinners, and the most common comment is “Anyone who robs this restaurant is in for a REAL surprise.” Think about that for a minute. A person you have never met sees you and your friends carrying guns and automatically classifies you as an ally. You see that often enough and you start to see through the web of lies you have been told.
You were told that your friends and neighbors would panic, scream, run, and call the cops. You were told that you, decent law abiding citizen with a gun, are a menace, a danger, and completely without allies in a hostile political environment. You were told that the cops would invite you to a pavement tasting contest while they arrested you and seized your gun. And none of this happened. Your “scaredy-cat” friends and neighbors either don’t notice the guns, or they don’t care. In fact, when pressed they seem downright friendly to the idea of law abiding citizens having and carrying guns. Suddenly you realize that that hostile political landscape is an out and out lie. There are so many people who are pro-gun that you start to wonder who, if anyone, is actually anti-gun.
The anti-gunners are the ones who are running the cameras. They are the ones who pretend that there is a serious anti-gun movement in the US. They tell us that our neighbors will be afraid. They tell us that we are isolated and alone. They tell us that Open Carry will start a panic.
So who are you going to believe? Them? Or your lying eyes?
Update: Arms are the Mark of a Free Man posts his Open Carry thoughts: The Boredom of Open Carry.
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Ok, I admit it; I’m still hyped up from the LuckyGunner blogger shoot. The machine guns were fun, but the best part was meeting all the bloggers and getting a chance to hang out with you all. John Richardson, Bob Owens and I talked a bit about having a NC blogmeet. Who’s in?
I was thinking about having this in September or later in order to beat the NC Heat. We have two options. First, we could just go to a local outdoor range and have a informal shoot/BBQ/party. Second, and much better, is that we could get together and go to TigerSwan’s new training center near Fayetteville, NC. Their list price for One Day Introductory Pistol is $210. Don’t have a pistol? For an extra $130 ($340 total) they will loan you a pistol (Glock 17, I think) a holster and give you 500 rounds of 9mm. The time I took the class there were 2 instructors and 7 students.
I’ve been through their one day class before and it was well worth the money. I’ve sent them an email asking how many people we’d have to put together to have a private class. I’ve also asked them what the limit is on number of people so that we can bring wives/husbands, responsible children, gunnie friends, whatever.
My plan was to get group hotel space here in Garner, just south of central Raleigh, and drive the hour to the range on Saturday. Everybody arrive Friday night and leave on Sunday. We could reserve a room at the local Golden
Trough Corral and have an open carry dinner. Sadly, until the new law passes and becomes effective 1 December, guns in restaurants that serve alcohol is still a no-no in NC. The Golden Corral in Garner is one of 3 or 4 Raleigh area restaurants we use as OC dinner locations, so they won’t even bat an eye.
So, what do you think?
Via Dead Man Dance comes this video where Bill makes an early appearance.
2. Computerized Prime Gun Trace Log and Alert System. Mayors Against Illegal Guns will develop a computerized system that participating retailers will implement over time to log crime gun traces relating to the retailer. Once the program is in place, if a customer who has a prior trace at that retailer attempts to purchase a firearm, the sale will be electronically flagged. The retailer would have discretion to proceed with the sale or stop the sale.
3. Purchaser Declaration. For sales flagged by the trace alert system, participating retailers will ask purchasers to fill out a declaration indicating that they meet the legal requirement to purchase the firearm.
4. Deterring Fake IDs. Participating retailers will only accept valid federal- or state-issued picture IDs as primary identification. Retailers will utilize additional ID checking mechanisms.
6. Employee Background Checks. Participating retailers will conduct criminal background checks for all employees selling or handling firearms.
7. Employee Responsibility Training. Participating retailers will participate in an employee responsibility training program focused on deterring illegal purchasers. The Responsible Firearms Retailer Partnership will create an online training system based on Wal-Mart´s training program.
UPDATE: Due to being contacted by an officer at the local police department, I have changed this “story” slightly to remove the department name. For those of you not familiar with this style of story, let me explain. It is a PARODY of the type of anti-gun story you read in the newspaper. The Open Carry dinner did happen. There were no reactions of fear from anyone. There was no actual story. There was no reporter. There was no “witness.” And there was most certainly no fake quote from the local police department.
Original “Story” below:
A heavily armed group of people ate dinner at the local (NC) Golden Corral last night. Witnesses say that the group of approximately 12 people entered the Golden Corral around 7PM, openly displaying pistols on their hips.
“They all sat together in the back and mostly just talked,” said one witness, who asked not to be identified because she was grounded and didn’t want her mother to know she was out of the house. “The sure seemed to think something was funny. They were laughing a lot.” When questioned by this reporter, the manager said “So what? They are polite, don’t cause trouble, and don’t slop the brown gravy all over the floor. That’s a lot better than some of the kiddie sports teams that come in here.”
The group was identified as Triangle Open Carry, a local pro-gun rights group, which apparently takes great delight in taking their guns to eat. Due to North Carolina law, Triangle Open Carry is restricted in their choice of restaurants to establishments that do not serve alcohol, like Golden Corral and Five Guys Burgers.
A spokesperson for the local Police Department contacted for this story asked why we were bothering him about it. “Did they act threateningly? Pull out their guns? Intimidate you away from the salad bar? We have important crimes to solve. We don’t have the manpower to waste harassing citizens for carrying their guns while eating dinner. You do know it isn’t against the law, right?”
The group departed just after 9pm, and there were no reported injuries. It is a miracle that disaster was averted, but with the recent takeover of the North Carolina General Assembly, it doesn’t look like there is any chance to pass emergency legislation to prevent the next such situation.
Via No Lawyers, Only Guns and Money, we get this gem.
This week the lawsuit was settled with the City of Brookfield paying $7,500 according to a story in the Milwaukee Journal Sentinel and court filings. The city made the offer on December 20th and gave the plaintiffs 14 days in which to accept the offer. The plaintiffs accepted it that same day and judgment was entered on December 30th.
I could tell you all about it, NLOGAM tells it so well. Go there and read all about what happens to you when police violate your rights and try to claim that the 4th Amendment has a “But he had a gun” exception.
Self defense is a human right.
On a man with a gun call for a guy sitting in the backyard, the cops hid in the bushes, called for a helicopter, a K-9 team, and a mental health unit. Did they ever bother to tell him to drop the weapon before letting him have it with the shotgun? Nope. The gun? A “pistol grip” water nozzle.
Go to The Truth About Guns and watch the video of the press conference. It’s sad that the poor guy’s family has to learn what the Long Beach PD thinks of gun owners. The cops are going to make a lot of noise about how he “pointed” the “object” at them, and they had no choice but to shoot. They will never ask themselves why they were there in the first place. They had a call of a “man with a gun.” It will never occur to them that maybe it’s ok for a man to have a gun, even in California.
It looks like the big new push in the States is a repeal of the ban on Open Carry. I’m lucky in that North Carolina and my previous state, Pennsylvania, do not ban Open Carry.
Have you ever wanted to Open Carry? To nervous to OC by yourself the first few times? Check out http://www.opencarry.org/ and link up with OC’ers in your area. Here in Raleigh, there is Triangle Open Carry. Check them out.
The best part? It makes certain anti-gunners cry.
Do we want people openly carrying guns in public places when we have managed pretty well without for many years?
Update: Alan at Snarkybytes weighs in
If you haven’t heard yet, the Tea Party has a gun problem. Apparently you crazy tea partiers “seek an extreme roll back of the nation’s gun laws.” The guy writing the article, Adam Winkler is a constitutional law professor at UCLA. He must have skipped the part of the Constitution where it says “the right of the People to keep and bear arms shall not be infringed.”
First, Mr. Winkler is a’skeered of Firearms Freedom Acts passed in several states. There is a reason for that and it has nothing to do with guns. The basis for these Acts is that the Constitution fails to give the Federal government the power to regulate firearms, and they have exceeded the scope of the Commerce Clause in order to make laws they should not be making. Well, if the people start to tell the Feds to keep their hands off guns, where will it end? Pretty soon you’ll have people telling the Feds to stick their Health Care bill where the sun don’t shine. We can’t have that! Firearms Freedom Acts are really the stalking horse for a much bigger political issue, the proposition that the powers of the Federal Government are limited and enumerated. This is a huge problem for the expansive “progressive” agenda.
Secondly he worries that if the Feds weren’t involved, the States might start allowing the sales of guns to misdemeanor domestic violence convicts and drug users. I have said on many occasions, if you think a particular crime is bad enough to take away a person’s gun, then it is bad enough to be a felony. The fact that there are domestic violence crimes that are misdemeanors rather than felonies reflects that society’s belief that those particular crimes are not bad enough to be felonies. As for drug users, I think we should just legalize the stuff and let people take as much as they want. Better they kill themselves taking drugs sold legally than for drug smugglers to kill each other along with innocent bystanders in gang wars here and in Mexico. Keep repeating it. If it isn’t a Felony, you can’t take away a person’s civil rights.
Mr. Winkler is so afraid of guns that he is vehement in his disgust Open Carriers. He invokes Ronald Reagan to imply that no good Republican can believe in carrying a gun openly (or concealed, apparently). Too bad for him, Reagan was, on this issue, wrong. Times have changed since the 80’s, it’s time for Mr. Winkler to catch up.
Mr. Winkler gives up the game when he starts talking about revolution. He pretends that the Founders had no interest in maintaining a system that allowed for violent revolution. Since he failed to real all of the Constitution, it’s not much of a surprise that he failed to read the Declaration of Independence. He should read it soon so that he can acquaint himself with these particular words. “…it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” His whining about revolution is just him complaining that when the populace decides that it is time to exercise their right to throw off such Government, it is people like him that will get shot. There’s an old saying, “when you throw a rock over the fence, the dog that barks is the one that got hit.” Here we have Mr. Winkler barking. He must have gotten hit.
Don’t worry Mr. Winkler, there is still time to mend your Statist ways. If there is never an oppressor government, there will never need to be a revolution against it. Only you can chose which side you are going to be on. If you stay on the side of the oppressors, you can’t complain that you will share the oppressor’s fate.