Category Archives: Open Carry

OMG! Gun school in Virginia will be a FELONY!

Stop. Just stop. You’re being stupid.

Be it enacted by the General Assembly of Virginia:

1. That §18.2-433.2 of the Code of Virginia is amended and reenacted as follows:

§18.2-433.2. Paramilitary activity prohibited; penalty.

A person shall be is guilty of unlawful paramilitary activity, punishable as a Class 5 felony if he:

1. Teaches or demonstrates to any other person the use, application, or making of any firearm, explosive, or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that such training will be employed for use in, or in furtherance of, a civil disorder; or

2. Assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, or incendiary device, or technique capable of causing injury or death to persons, intending to employ such training for use in, or in furtherance of, a civil disorder; or

3. Assembles with one or more persons with the intent of intimidating any person or group of persons by drilling, parading, or marching with any firearm, any explosive or incendiary device, or any components or combination thereof.

OMGWTFBBQ! It says ” Assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, ” and that will make gun school a crime!

No it won’t. There’s a really good reason that it won’t. Because that part of the bill is already law. Here’s the actual law as it currently stands

§ 18.2-433.2. Paramilitary activity prohibited.

A person shall be guilty of unlawful paramilitary activity, punishable as a Class 5 felony if he:

1. Teaches or demonstrates to any other person the use, application, or making of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that such training will be employed for use in, or in furtherance of, a civil disorder; or

2. Assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, intending to employ such training for use in, or in furtherance of, a civil disorder.

1987, c. 720.

In Virginia the agreed upon fashion for writing bills is to put anything you’re deleting from the current law you strikethrough and put anything you’re adding in italics. Reading the bill, aside from minor changes the only thing added is paragraph 3, the part that says “if you assemble and parade about trying to scare the shit out of people, that’s totally a crime, guys, and we’re going to arrest you. Oh, BTW, it’s a Class 5 felony.”

For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

There’s certainly a case to be made that this law could be misused to go after open carry groups and armed 2A marchers, but even that’s a bit of a stretch. In order to be guilty of a crime you have to intend to intimidate. No one cares if your average whiny Demanding Mommy acts like she’s being intimidated, you have to be “drilling, parading, or marching” with the express purpose of intimidating them. It’s Tam’s “Open Carrying” vs. “Open Carrying AT people.”

There’s another, perhaps less obvious, reason that gun training will not be considered “Paramilitary Training.” It’s how the law (the actual current law) is written. This part…

…knowing or having reason to know or intending that such training will be employed for use in, or in furtherance of, a civil disorder…

You can continue to teach people to defend themselves. What you can’t do is knowingly teach people how to use guns, bombs, firebombs, or “other technique” so that they can go out and murder a bunch of people.

And you know what? I’m totally OK with that.

The Madison 5 win

The city says that they “admit no wrongdoing,” but don’t be fooled.
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.
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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What do you do when your rights are violated by a cop?

How strange. He almost sounds like a firearms rights advocate. Or my dad.
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.

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Dad goes Open Carry

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.  
(Via email)
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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North Carolina Blogmeet and shooting class?

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?

Old friends make an appearance

When I used to live in Pennsylvania, I got my start in pro-rights activism with PAFOA. One of the local guys who cast a long wide shadow was Bill Grumbine, an open carry activist. He was well regarded, mostly because he was a great guy to be around.
Via Dead Man Dance comes this video where Bill makes an early appearance.

Heeding God’s Call is apparently an Astroturf group paid by Furious Mike’s Illegal^ Mayors Against Illegal Guns. They stand outside gun stores and make asses of themselves trying to force the owners to sign a code of conduct that is plainly illegal if followed.
1. Videotaping the Point of Sale for All Firearms Transactions. Participating retailers will videotape the point-of-sale of all firearms transactions and maintain videos for 6 months to deter illegal purchases and monitor employees.
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.
5. Consistent Visible Signage. Participating retailers will post signage created by the Responsible Firearms Retailer Partnership to alert customers of their legal responsibilities at the point-of-sale.
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.
8. Inventory Checking. Participating retailers will conduct daily and quarterly audits. Guidelines will be based on Wal-Mart´s existing audit procedures.
9. No Sales Without Background Check Results. Participating retailers would prohibit sales based on “default proceeds,” which are permitted by law when background check has not returned a result within 3 days.
10. Securing Firearms. Participating retailers will maintain firearms kept in customer accessible areas in locked cases or locked racks.
#1 and #2 are just an attempt to make a parallel gun registry, and would require opening the Gun Trace records to MAIG, which violates the Tiahrt Amendment. #9 would allow the FBI to stop all gun sales in the US by turning off the NICS system. A lot of what they are demanding will have the effect of raising costs and making firearms retailers less profitable. For many gun stores, that means going out of business. For MAIG and HGC, that’s a feature, not a bug.

Gun Terror at the Golden Corral

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.

Point a gun at an Open Carrier, cost your city $7,500

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.

Long Beach, California Police show you what they think of civilian gun ownership

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.

Open Carry on the march

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.


Umm, yes.