Judge upholds Open Carry
From the D.C. Gun Rights Examiner:
On September 8, 2009, United States District Judge Bruce D. Black of the United States District Court for New Mexico entered summary judgment in a civil case for damages against Alamogordo, NM police officers. The Judge’s straight shootin’ message to police: Leave open carriers alone unless you have “reason to believe that a crime [is] afoot.”
The facts of the case are pretty simple. Matthew St. John entered an Alamogordo movie theater as a paying customer and sat down to enjoy the movie. He was openly carrying a holstered handgun, conduct which is legal in 42 states, and requires no license in New Mexico and twenty-five other states. Learn more here.
In response to a call from theater manager Robert Zigmond, the police entered the movie theater, physically seized Mr. St. John from his seat, took him outside, disarmed him, searched him, obtained personally identifiable information from his wallet, and only allowed him to re-enter the theater after St. John agreed to secure his gun in his vehicle. Mr. St. John was never suspected of any crime nor issued a summons for violating any law.
Importantly, no theater employee ever ordered Mr. St. John to leave. The police apparently simply decided to act as agents of the movie theater to enforce a private rule of conduct and not to enforce any rule of law.
On these facts, Judge Black concluded as a matter of law that the police violated Matthew St. John’s constitutional rights under the Fourth Amendment because they seized and disarmed him even though there was not “any reason to believe that a crime was afoot.” Judge Black’s opinion is consistent with numerous high state and federal appellate courts, e.g., the United States Supreme Court in Florida v. J.L. (2000) (detaining man on mere report that he has a gun violates the Fourth Amendment) and the Washington Appeals Court in State v. Casad (2004) (detaining man observed by police as openly carrying rifles on a public street violates the Fourth Amendment).
Very nice, happy to see that the rule of law still exist in this country.
Now if only the Atty General would follow the constitution as he was sworn to do.
It angers me to think it ever came to the point a case of this nature had to come before a judge.
This police department needs it’s hands slapped severely!
My father was a 28 year veteran State Trooper, and he’d never sit still for this type of Constitutional violation.
Apparently these morons never bothered to study the laws they THOUGHT they were enforcing.
The gun is an inanimate tool with no will of its own. Harmless, recreational and often heroic in the hands of many. Evil in the hands of a few. It would seem to me that supervision and enforcement of the few is more cost effective and results oriented than of the many.
Maybe we should all start openly carrying Batons or Baseball bats instead. Just joking but they are just as deadly. Since no law was broken I think Matt is deserved a Very public apology From the police and compensation from the officers that conducted the affront to his person.
“Very refreshing” noting the efforts being orchrastrated by the Democrates currently in Power in Congress. Every State should try to protect its rights concerning every growing intervention of Washington and the Federal Goverment in userping “States Rights”.
I live in Virginia, where open carry is ok. Not sure I would do that, though. Local police sometimes don’t have a clue about the law. I’ll stick to concealed.
Where are these laws when dip shit cops were disarming good, law abiding people in New Orleans while thousands of thungs, punks and crooks looted the city? What really sucks is if you cary a gun in a state like California without a CCW permit and the unfortunate situation arises were you are forced to use it to defend your or your familiy’s life, YOU getto go to jail for carrying that weapon. I’ve seen cases where the perp sued the victim he was robbing and won because he was “assaulted” by a weapon that shouldn’t have been there. The system is screwd-up and a bunch of liberal, leftist IDIOTS made it that way. Now we get to live with it. If more thugs, rapists and robbers were shot on the spot, they’d be thinking twice about doing the crime in the first place. Open and/or concealed carry should be legalized.
I live in Michigan where open carry is also legal. The local State Police post assured me that they are well aware of it. However most citizens are not aware and seem to get upset about it sometimes. I am glad to live in a state where our constitutional rights are still the law of the land.
I live in an open carry state (Virginia)but seldom open carry. Both my wife and I have concealed carry permits and choose to carry concealed. There are a lot of people that freak out or are just uncomfortable with guns around, and I don’t see the point of making a statement with open carry. I don’t think it helps the cause of our 2nd ammendment rights.
As a former New Mexico native and resident, I know that the laws of New Mexico specifically allowed open carry EXCEPT IN SETTLEMENTS. That later part was a major obstacle to enacting the current New Mexico concealed carry law which permits concealed carry in settlements (with restrictions). In enacting the concealed carry law, the open carry conditions may have been modified in ways that I as a Texas resident am not aware of. However, I think that the police were acting on the “except in settlements” condition. Note that the Judge was ruling on the basis of 4th Amendment rights and not on 2nd Amendment rights.
Kudos to Judge Bruce D. Black for a fair decision.There are states,NY,NJ,CA,MA,MD,IL,CT,that routinely violate peoples 2nd,4th,and 5th amendment rights everyday.The Federal Gov’t. has never acted on the peoples behalf,although they are required by the US Constitution to do so.We certainly need more Judges,like Judge Black,who rule according to the law.
Truth is…They are not interested in our guns or us,they are only interested in the’ power ‘ to tell us ‘ we ‘ can’t have guns.
Its all just a power trip.
The Democrats are taking our country on a field trip to hell if we can’t stop them.
.>>Now if only the Atty General would follow the constitution as he was sworn to do.<<
You mean that Jackass in Washington? Don’t bank on it… you’ll lose your money. Every appointee, vetted and voted on or not, of Obama’s is dead set on taking your freedoms away from you. One of them has even said that Obama should be the one to interpret the Constitution and the statutes and that there is nothing that the courts should have to say over the matter. Does that sound like a real good idea to you? Isn’t that exactly what they accused Bush of doing, screaming to high hell all the while?
1930′s all over again is moving in on us if we sit by and let commy pigs like obama take away our rights. He swore on the bible to defend our laws and rights. Can any one say IMPEACHMENT!!!!!!!!!!!
Every democrat/DUMMYCRAT that goes into office
tries to take away gun rights…When will the american public wake up….Just like all the wild spending in todays world…Liberals is not
the right word for them….POWER is what they want and need to be happy…The constution does
not seem to matter to them or the liberal judges. Guns do not KILL…Peopel kill. Forget the guns….
Open carry should be the law of the land. The right to keep & BARE arms shall not be infringed.
maybe all of the judges that agree that open carry or concealed carry is our right under the constition should all go and see the idiot’s on capital hill! I agree if people are shot in the act of a viloent crime then our systems would not be over crowded and our streets would be a lot safer! let God sort em out!!!!!!!!
The current office of the president doesn’t give a rats ass about the constitution. When the Police and local officials start allowing this kind of thing he wins control over us all. If you don’t like it start voting out the local idiots who are allowing this to happen NOW. Allections are coming up. He can’t do this kind of thing unless they go along with him. No way the ATF, FBI or any other federal agency can disarm america without local help. Don’t let them get away with it. VOTE them out now and move up the chain as the elections come.
I think it’s time that the American people realize that this is not just an Obama administration gun take away plan. They have to know that the UN also wants to take our guns away. This could mean the end of our gun rights all together. The New World Order. One World Government. Why would it be any concern of the UN whether Americans owned guns or not. This is what we as Americans have to stop before it’s too late. We law abiding citizens have all the rights in the world to own guns to defend ourselves. It’s too bad that I live in the state of New Jersey where I believe that we will never have the right to carry. We have to vote out all the anti-gunners both locally and in Washington. WAKE UP AMERICA.
It appears that we do have a few, with the emphisis on few, judges that get the picture.
Before Obama and his minions are through we will be seening a battle to keep and maintain arms. They desire to have us live as a whcked out Commie country and they must be stopped.
Every single one the creeps in office should be removed and start over renoving these chickenshit laws that they have passed!! For ever “new law” that they do pass,two by law must removed. They should also pass a law stating that it is against the law to add any riders on any and all new bills proposed pertaing to a persons given rights according the Constitution of the United States.
It seems the police, along with much of the National Guard, think that they are owners of the private sector. Who can blame them when the Federal Government owns parts of the Auto Industry and Banks? I think it is time to open carry our Constitution along with our guns, pistols and rifles, right up to the WhiteHouse if we have too! The next step in the process for the Federal Government is to take our arms based upon ‘suspicion’. Mark it down, it won’t be long if we don’t act now with our peaceful protests, then we will have to fight to gain back our God given rights. I want the peaceful way to prevail.
It is about time a judge got law inforement in their. They have too much power.
I just had a run in with Sheriff’s Deputies over this as well. http://www.kootenaicp.org/2009/09/01/kootenai-sheriffs-deputies-overstepping-boundaries/
Good for the Judge.
.>>Now if only the Atty General would follow the constitution as he was sworn to do.<<
FURTHARMORE…….
The Attorney General is just a pussy like the rest of the liberal Demoracts and Republicans that will do anything to stay in office and the job career of being a constant “free-loader” for the power and privilage of doing nothing! All of these policital bastards will do and say anything to stay in office. And, when they are caught up in their own crap, they blame it on somebody else. What gets me is the “Grandstanding” and then they do absolutly nothing…..
This country is going to hell in a handbasket, via the democrats, rather then the Republic for which it once stood
Does NM law allow private residence and business owners to ban firearms on the premises after posting a notice in an prominent place? Harassment of this type is just that, an attempt to intimidate and extort behavior through personal contact.
moderation ? You want lies to replace the truth ? Then YOU can go as well
Very good and important. If concealed carry is heavily regulated than only open carry is left.
All of us better wake up, before it is to late
They need to divide the second state map category into two because I need to know which states have local autonomy, which is even more important than statewide gun rights, and which require expensive licensing in vehicles, which is inexcusably elitist.
With the exception of major highways where they go through towns, especially highway hubs, I strongly support local autonomy and thus would have to oppose preemption.
I keep hearing the verbage that “THEY should make it legal to carry “. I have trouble with that statement. Who has the right to make it “illegal”? The passage of stupid gun laws does not trump our constitution.
Judge Black was spot on but too often personal opinion cloud the judgement of judges. Can you say Sonia Sotomaier? Those cops in Alamaguardo should be barred as should the cops and mayor of New Orleans. There was a case in Texas where a guy was pulled over strictly for displaying pro gun stickers in his back window. The mayor upheld the cop’s decision for making the stop and disarming the man. What a crock.
DC vs Heller made it very clear the 2nd was an idividual right and not a collective right of the state. “They” are still manipulating the wording to serve their anti gun agendas. Now Illinois and Wisconsin are defying the law by claiming the Supreme Court ruling applied to DC only since DC is not a state. Horse puckey. Vote them (they) out.
CWC permits should be illegal and classified as an infringement of my right of self defense. In Minnesota if you are confronted by a cop you are required to disclose to the cop that you are armed. In Minnesota you must also show sign of attempted retreat from an attacker. How stupid is that? I can’t imagine the stupid laws the California politicians can dream up.
Nevada is now not recognizing Utah’s CWC claiming Utah’s rquirements to carry are not stringent enough. We have idiots deciding the training level for competence? How many rounds prove competence? 500? 1000? In other words “they” are trying to price out the CWC in their anti gun agenda. NEVADA of all places? Everyone knows that shooting a target does not simulate real life. Targets grade you on aiming down the sights at varied distances. Real life does not allow the time to aim. You point with both eyes wide open. Your adversary is going to be at close range or he isn’t an adversary. Nevada has no right setting the bar for other states or individuals in matters of self defense any more than the cops in Alamaguardo had the right to disarm a legal law abiding citizen. In my eyes they are the criminals not the other way around.
I hope we can make his ruling stick. Please e-mail me the article, because I want to print it and keep it on hand. Also, I want to pass it on with your permission.
I am a criminal defense lawyer who specializes in firearms defense. I have appeared before Judge Black many times, and his ruling is no surprise to those of us who know him. It is legal in NM to carry openly, concealed in a motor vehicle, and concealed on the person with a CCL. It has always been legal to carry openly, is a tradition here, and happily remains so.
Alan,
You claim that State preemption (over gun laws) should be subbordinate to local authority. I respectfully dissagree with you. The rule of State Preemption over laws concerning the purchase, possession and carrying of firearms is a critical element in preventing a society where an unbelievable patchwork quilt of impossible laws, rules, regulations, and ordinances would (and in some places – has)be created by local authorities who wish to push their own personal anti-gun political agendas. Imagine, you are traveling in a state where you live; you began your journey in a county where it is legal for you to openly carry your firearm, and you cross into a county where it is ileagle…you have just comitted a crime and will go to jail, just because you didn’t know that the place you traveled to passed a law that you were unaware of. There are States now where this very mismosh of laws exist (no State preemption)and trying to keep track of what you can, and cannot do is virtually impossible. ANY GUN LAWS that violate the Second Amendment should not be tolerated; but until reason can prevail, State preemption is the lesser evil.
So far the Kennedy Clan managed to murder 4 women (that we know of) and drunk drivers kill 1000% more then legal gun holders.
NYC just had an old man protect the lives of his employees and himself because he was able to grab his shot gun and stop an armed robbery by 4 armed hoodlums.
Now Mayor Bloomberg is seeking prison time for this elderly gentleman only because he did not register his firearm as required by NYC.
Yet the would be robbers are not going to get the same jail time the honorable mayor wants for the victim of the robbery attempt
I live here in Maine and I carry all the time, AFTER I got mugged. If I had my gun that fateful day I would NOT have been mugged. I do have a CCP and I now CC all the time now. I do believe that the Constitution gives us the right to carry open or concealled with out a permit period. Just don’t get caught or you won’t be carrying any modern gun at all.
It is About time The Police learn there laws.Maybe if more people open carried the crooks would leave us alone.It would stop lot of crimes from happening. I had my gun for years and never shot anyone.
Same thing here in Saratoga. I’ve been carrying open since I came here, daily, in 1995. One bar owner asked me not to, so I haven’t since. Into banks for a long time. Then they got a wild hair about something, and even had me come into a back office where two suited men with pin lapels, claiming to be “Bank Presidents” gave me a long line about it being “Illegal.” One I recognized as a Federal Attorney General.
I most recently went into Rawlins National bank here with an empty holster and was angrily confronted by the bank manager about it. Face it, they have a mentality that’s un-American, and for what it’s worth, I’ve experienced a lot of anti-male Feminism from their staff, as well.
While carrying open here is OK, the fact of the matter is that it takes quite a while for people to adjust to one. My whole life has been in espionage (Hence my need) and yet my life-long cover is one of a despicable. I hope to have formal recognition soon. (http://www.rickhyatt.freeservers.com)
If Wyomingites think you’re a pervert of ANY kind, they mobilize to surveill, monitor, harrass, intimidate and run down or put six feet under. The above bar owner, also the local drug baron, was also my neighbor & I reported drug activity to Police.
So he put out a “Hit” on me, and two well-known gay-bashers apparently took up his offer of meth in exchange.
My sons & I used to camp a lot, and couldn’t understand why this multi-colored hair duo and a young woman had been constantly trying to run us off the road. Then, my son told me “Daddy, the two men in the truck are coming again & they have ski masks on.” I’d been looking for winter gear, but they were taking them off as they approached us at our camping site, asking us strange questions, and quite obviously high and hyper. They kept looking at each other, me, my hostered .357, back at each other, and back again. One claimed to the be the Police Chief’s son, laughing uproariously.
A lot of other stuff later happened that evening, as in someone sneaking into our camp in the dark but leaving hurriedly when I chambered my shotgun. There were shouts & shots from their campground up above, later reported in the press as the “Spring Creek Assault,” an apparent kidnapping & rape of a mixed race couple which became obvious was why their car’s tires had been all flat yet the truck in attendance. Yet, we’d been at HOG PARK Creek.
I reported this in detail to CC Sheriff Jerry Colson, who ignored me completely. He’d previously denied a CCW on the ground that he thought me “Paranoid.” Going to lengths to inform him of that which I was sworn to secrecy about during my enlisted US Army M.I. status gets nowhere, and he always treats me like a “Nut Case.”
He was delighted to seize all my firearms and ammo for a time period (What a job!) that my brain-damaged wife got mad at me & reiterated to Family Services false claims that she’d made 27 years ago, that were dismissed WITHOUT PREJUDICE at the time. These were sent to Phoenix by HI Judge Ueoka, where along with other espionage documents sealed by HI Judge Komo, should be unsealed soon. In other words, she’ll possibly go to jail for her attempted “Honey Trap”if she doesn’t put me away as a witness, first, and “Sex” and “Guns” ALWAYS gets cops and Feminists in unbalanced heat.
Any guess why local Editors nor “Investigative Reporters” will never report on my stories?
Ironically, I was sworn in as a M.I. Warrant Officer, CID & Civil Affairs, on this “Social Stuty Experiment” before I ETS’d in ’77, and told that when it was time, I’d get all my past paychecks, rank, status & be subpeona’d to D.C. It may happen soon as concerns Gary Condit, Nancy Pelosi and Barack Obama and more.
When McKinney and Henderson appeared in the press after beating Mathew Shepard to death in Laramie, I recognized them & reported such again, again to be ignored.
There simply has to be several other similar unsolved murders with the same M.O. here, and WY politicians don’t want any more public “Black eyes” about it.
When I got a Florida CCW, these locals organized the state legislature to pass a special law that applied ONLY to me, that disallowed my Florida permit here.
In actuality, for a person like me, not able to appear as if a PC-Correct bastion of the upper crust of society, concealed carry is polite, civil, non-disruptive, common sense carry. The bad boys know I’m always armed, and professional hit men are beware, anyway, but tourists from other states and local feminists & vigilantes always reach for their cell phones.
I wonder, over the years, how much police resources, personnel and the like have been wasted in such false reporting. One of their favorite “Anonymous” harassment are READI reports, and I’ve been pulled over by the State Patrol for a DUI check several times.
Even when I drive 10 mph under, just to be conservative.
Even this in a state which USED to be “Open carry” with a beer can on the way home from a bar or work.
As you can see, ANY regulation on gun carry simply allows the close control over ALL activities, legal and illegal – By the Power Who Be. I often wonder if the drug activity here is “Protected,” the way I saw it so prevalently when living on Maui. There, CCW is prohibited – But the PC and racially Correct are issued covert “Sheriff’s Deputy Badges,” instead.
They will take ALL your rights because it feels good – They’re like anyone else and subconsciously like that kind of personal power over another human being. And the more tax money they accumulate to do it with, will anarchy grow.
Obama is already building the gulags on military bases, I understand.
I’ve deliberately endured this constant social burden here, just to make them get used to it – Guns DON’T equal terroristic violence, as the media brainwashes them into.
I’m not a particularly physical guy, and I would not want to get in a wrestling match with some perp over my firearm. I prefer to carry concealed, but I do not have a problem with anyone who prefers open-carry. I like to preserve the element of surprise. The look of surprise on the face of a knife-wielding punk when suddenly confronted by the business end of 357 is a look that I will always cherish. And, by the way, it’s not “keep and BARE arms.” I’m sure you can go sleeveless anytime you want. It’s “the right of the people to keep and bear arms, shall not be infringed.” I am continually amazed by the wisdom and insight of our Founding Fathers and the blithering idiots who occupy the Whitehouse and Congress today.
To All, It warms my heart and renews my faith in the Patriotic Citizens of this great Nation that you all are and what I am hearing/reading is even more encougering but we still need to move our U.S. Constitution and Bill of Rights fight forward even more. The posts are fantastic
and very worthy indeed. and I for one Commend all of you and the like minded judges who agree with our Gun Rights as stated under the U.S. Constitution and specifically the Bill of Rights!!
Our society has for far too long been subjected to the manipulation of individuals like those now in the White House and the Usurper’s Corrupt Administration as well as individuals like Feinstein, Boxer & Pelosi from here in Calif.
What do I mean by MANIPULATION, the terminalogy and actions we have all been subjected to which in itself is unlawful. Did you ever think about the term, ‘Law Abidding’ and how manipulative and unjust it really is? We all need to start thinking from outside the usual past constraingts as they are what have allowed the DESPOST to gain power and attempt to control us. Don’t get me wrong, I think every one here is in the right frame of mind but this needs to be propergated 10 or even 100 fold which seems it is really statring to happen.
Having studies a considerable amount of psychology I long ago came to realize that as Gun Owners
and Patriotic Citizens of this Great Nation of ours it is far more productive and couducive to be a RESPONSIBLE CITIZEN than allow ourselves to be constrainged by any manipulative terms such as the LA one. After all we very probably wouldn’t be able to have this forum and discussion if it weren’t for the Responsible Patriotic Citizens/Coloniest that broke away from the Tyranny of King George, my distant relative, and I’m very sure he didn’t consider their actions to be LA in any way, so we shouldn’t allow ourselves to be manipulated or constraigned in any way ever again!
Most every state recognizes that the, ‘U.S. Constitution’, is the ‘SUPREME LAW OF THE LAND’ as
it must be to bind the states together and as such the Rights bestowed to us Shall Not be Infringed Upon, Especially the Second Ammendment as the Responsible Patriotic Colonist well new the need of the Citizens to be able to defend our Rights and Freedoms from Despots and we most certainly are faced with that issue right now as you all know! Let no man tell you you don’t have the right to defend your person or property or loved ones and even friends, WE THE PATRIOTIC
CITIZENS OF THIS GREAT NATION must take total control back into our hands and OUST Tyrannts such
as Obama and his corrupt administration as well as all the corrupt De moc Rats in there!!!!!!!!
Having studies psychology and human behavior gave me an early glimps into what BO was all about, but anyone with an alert mind could see the same things which probably many of you did. It became very clear to em early on that BO was/is a Radical Muslim Terrorist Sleeper who was out to do no good for this country as is proving out 10 fold! Many of his actions as well as his inactions more than prove he is a Muslim and undoubetedly a Radical one at that as well as the fact he was born a British Subject as that was his fathers citizenship and his father was a Radical Muslim who undoubtly had designs on destroying the U.S.A. as The Boy in the White House plainly stated he vowed to carry out the work of his Father and it’s self evident what BO is doing or attempting to do!! Also it is the Creed of the Radical Muslims to destroy the Our Nation from within and look where BO is at and what he is doing!! The radical Islamic/Muslim issue is a very serious one and BO is definitely aligned with them as well as attempting to bring millions more into our nation. We all need to be as well armed and accurate shooters as possible, irregardless of any of the corrupt IRResponsible so called laws!!! Responsible Patriotic Citizens don’t allow corrupt despotic individuals to determine their course of actions as that would lead to serveitude and that does not fit or FREEDOM Cryteria!!
The thing I can’t comprehend is how BO is allowed any authority at all when he has never proven himself to be a Natural Born Citizen which of course he can’t and even his beloved Fact check.org
admits he was born in Kenya but in actuallity his place of birth is irrelavent due to his father’s citizenship as that’s what the child/BO follows. So who in their right mind woudl even allow anyone like this to be in the position he is????
Well I read a synopsis about Our Boy, ‘The Real Deal on BO’ in which an unidentified FBI agent stated that among other things BO was a Double Agent work for the NWO & Muslim Brotherhood at the same time!!! That should give everyone a definite clue! Btw the Muslim Brotherhood is tied directly to Radical Islam even though they claim differently. A Radical Muslim will never give one of us, U.S. Citizens and Non-Belivers a straight answer plus they consider their duty to kill or convert all Infedels that we are considered to be by them! I say KICK Their Radical Muslims out into Shark infested waters. They even have over 35 Muslim Terrorist Training Compunds throughout the U.S. again what idiot allowed this??????????????
We have a lot of work to do and we must maintain our clear and responsible think as well as the path to allow us to regain our total Freedoms back and bury the Desposts that would attempt to tyrannize us with their corrupt and manipulative thinking!! We also should try whenever possible to come to the aid of those being falsely accused or persecuted unjustly. Just because someone has some kind of TITLE doesn’t mean they have any corner on the Knowledge Market and many of the despost think their shit does’t stink, well we all know better now don’t we!
God Bless this Great Nation of ours and the Millions of Patriotic Citizens and Gun Owners that keep us Strong, Safe and Free from Tyranny!!!!!! Long Live the Republic and our U.S. Flag!!!
GOD BLESS JUDGE BLACK!. A TRUE PATRIOT, STAND UP FOR THE CONSTITUTION
WE NEED MORE JUDGES LIKE HIM!
I fully support the 2nd Amendment. I do think the current administration in Washington DC will take it away if at all possible. It is up to us of the USA to standup for our rights. Standup and be counted or Shutup. I am a NRA Life Member. I also Vote.
If we don’t open carry the public will always freak out when they see a gun on a law abiding citizen. Do you actually believe they won’t freak when they see the butt sticking out of your pocket? Open carry and make them see a gun that is not killing people randomly on its own. Come on!! Open Carry for the good of the gun and the second amendment.
You know, it’s so good to see small points of light dotting our great country like Judge Black. I was a fed, and have worked around local cops in the past, and it’s a shame that many of them (fed’s & local LE) think that only they have the right to carry a firearm. That my friends is a “Police State”, and I’m afriad that is the mentality of Osama Obama/Eric Holder and many more of his possie. God Bless Judge Black who is strong enough to stand up for the US Constitution and Bill Of Rights, when so many of his colleages, because of PC’ness will not.
Let us all have the courage to push and excercise your Rights in everyway. WE ARE THE PEOPLE, and we are the government.
We must maintain permanent vigilance to defend and protect the strict adherence and interpretation of our sacred Constitution.
I am a Florida resident with a concealed weapons permit and am never without a gun except where legally prohibited such as in court houses, police stations, schools, bars, sporting events, and where specifically posted with no weapons allowed signs; usually utilized by hospitals.
We have a clear “castle law” that has been extended to public places and citizens may use deadly force if they fear for their life and an attacker has the capacity to carry out an assault. Technically, but somewhat legally ambiguous, an armed person may also put himself in another’s place to prevent a felony crime upon another person and the ambiguity makes it difficult to determine lawful acceptance of ones actions in such cases that certainly would put the defender in a very precarious situation at best.
Although Florida citizens are not allowed to carry weapons openly on their person without a concealed weapons permit, any law abiding citizen of legal age that isn’t prohibited from possessing a firearm due to prior acts of domestic violence or other criminal activity may keep firearms in their vehicle under certain safely stored circumstances and may use the weapon as outlined above if confronted with deadly force. Unfortunately the laws regarding weapons in vehicles of those that do not have a concealed weapons permit are not firmly established and much is left to any officer that encounters such a person when the officer stops a vehicle with firearms within it.
Now to the point: As a concealed weapons permitted person I prefer that all such carriers not openly display their weapons because if they do, they are usually, if not always justified and are one of the “good guys” ; those that brandish their weapons are usually either trying to be macho or are stupid, careless, or a bad guy. Strategically, I feel that keeping your firearm concealed gives “good guys” the advantage because “bad guys” know they have a firearm but the element of surprise is on the side of observant armed concealed weapons carriers. It has also been my “practice” to make it a point to be able to produce my concealed firearm, aim, fire, and hit my target in under two seconds. There are several ways to practice without routinely going to the range; between live firing sessions I use the “Handgun Workout dry fire training system” by Denny Magill Productions.
Regarding Mayors that suppress 2nd amendment rights I suggest boycotting their towns and cities and save yourself the hassle. However if and when it’s unavoidable and you get stopped be prepared to take public officials to task and rake them legally over the coals by publicizing their actions with every 2nd Amendment protections organization and blog and sue them for violation of your constitutional rights; get on Fox News if you can! Raise hell; after all, isn’t that where these far-left goons think that true American Patriots that love and cherish their constitutional rights come from? Educate them: ask them to guarantee that they will never fail to protect you from harm instead of cleaning up the mess after you couldn’t defend yourself. Tell them how Europeans and Australians are begging to get their guns back because crime has increased drastically and the “bad guys” have been emboldened knowing that their prey doesn’t have any guns! Create a grassroots effort to throw them out of office!
Finally, remind them; write them later if you can’t tell them at the time what George Washington said: “A free people are not only to have sufficient arms, but also sufficient ammunition, to protect them selves from any who might abuse them, including their own government!” While you’re at it; don’t forget to tell them who George Washington was! LOL!
Hey guys,
There’s a little too much testosterone in these blogs!
I’ve been fighting for gun rights for about 16 years and started an organization, Women Against Gun Control, Ladies of High Caliber, http://www.wagc.com. It’s a grass roots volunteer organization with thousands of members in the U.S. and throughout the U.S. A friend of mine told me I need to add my comments here and to start posting my comments around the RKBA sites. I’ve usually reserved my comments for the media (do an internet search on my name to verify), but I think I’ll start shooting my mouth off a bit more on the blogs. I hope you think that’s O.K., gentlemen!
Unlike most women’s rights organizations, we don’t hate men! We really like men! In fact, a couple of my quotes that have made the media are, “The Second Amendment IS the Equal Rights Amendment,” and “When there aren’t any warm, strong shoulders of a man to lean on for protection, nothing feels better than the cold, steel barrel of a gun.”
I’ll be right there fighting for gun rights with you, gentlemen. And there are a lot of women who will be patriots in arms with you! I’ve had a lot of harrasment, vandalism, animals tortured, etc., throughout the years for my pro-gun and other constitutional beliefs. But I’ll never stop fighting to preserve the Second Amendment!
As far as open carry is concerned, I totally support it. But my mom taught me that “a lady always keeps her weapons concealed.”
Feel free to join our Facebook groups:
http://www.tinyurl.com/gotguns
And announcing a new group: Men Who Support Women Against Gun Control, http://www.tinyurl.com/gunguys
This is my first official gun blog.
This should be on Billboards across the land-double in California.