Reportedly, two students at Tarrant County College in Fort Worth, Texas have filed a lawsuit against the college after being forbidden from wearing empty holsters on campus as part of a national protest.

Students for Concealed Carry on Campus was formed by a University of North Texas student in reaction to the 2007 shootings on the unarmed Virginia Tech campus.

To illustrate the feeling of vulnerability to campus crime, members and supporters wear their “holster-sans-weapon”.

Angela Robinson, the attorney for the college made the following statement:

“Of course [the college] will be opposing the request to allow empty holsters on campus. The college believes it has policies to protect the constitutional rights of students on campus, but also has to worry about the safety of students.” [emphasis added]

What’s that? An empty holster somehow poses a “safety issue” for the students?

“I can’t really get into what potentially might be evidence, but you can use your imagination as to the danger of empty holsters on campus, with the partial covering of it, or who knows if it’s empty.” [emphasis added]

Yes, we can see the dangers of empty holsters on campus. We feel there are more dangers with felons, rapists, and violent criminals on campus.

Any individual or organization that restricts how or when one can defend themself, we feel, is taking upon the responsibility for their individual protection and assumes full liability for any and all damages received by their failing to provide said protection.

Related articles

• http://www.texastribune.org/blogs/post/2009/nov/05/tarrant-county-college-sued-banning-empty-holster-protest/
• http://www.concealedcampus.org/
• http://www.texastribune.org/topics/campus-carry/
• http://www.thefire.org/public/pdfs/131692335995d92a7e4e1c931152bd59.pdf

Disclaimer

Again, we remind you, we are not lawyers; we are not providing any type of legal and/or professional advice. As with anything you read/watch/hear, you should verify your facts and make sure the information applies to you. Consult legal council when and where appropriate.

When should you draw?

The question of when you should draw your sidearm should be something that you have already answered to your own satisfaction. It should be something that you have trained for. It should be something that you build into your Color Code responses so that it’s not a question of if, but when, and it’s not your decision, it’s the decision of the bad guy. His actions should dictate your pre-programmed response.

The answer to this question is both simple, and complex.

All of our laws are based on the presumption of what a “reasonable person” would do in that circumstance.

Simply put, draw your sidearm when a “reasonable person” would be in fear for their life or receiving serious bodily harm. (In many areas this extends to the life and well-being of another person.)

If you draw your firearm the bad guy has just crossed the Condition Orange line and you are now in Condition Red. At this point a “reasonable person” would feel fear for their life (fear receiving serious bodily harm), and would be justified in stopping that threat by the use of deadly force.

Put another way, as a civilian, you should not draw your sidearm unless you are justified in (and prepared to) kill the bad guy, if need be. Of course, killing someone is not your intent, but it may be the inevitable outcome of the encounter.

Put yet another way, as a civilian, if you’re not justified in pulling the trigger, you’re probably not justified in drawing your sidearm either.

Real-world scenarios

1. Your feel that your life is in danger:

1. someone is actively trying to kill you
2. someone is points a gun at you (even if it turns out it’s a BB gun or an air-soft gun, if a “reasonable person” would think it’s a “real” gun)
3. someone is enraged, has a weapon, is coming towards you, screaming he’s going to kill you

1. someone with a weapon (baseball bat, brick, bare hands) is actively beating you
2. someone is enraged, has a weapon, is coming towards you, screaming he’s going to hurt you or “teach you a lesson”

Real-world example

NCJones, a member of the USA Carry Forums recounts the following story.

I was at a friends pizza joint once about 11:30 PM waiting on my order and four thugs in baggy pants and gangster look walked in and just stood around (SW Houston).

The guy asked if he could help them and they said no.

At the time I was carrying a 1911 in a shoulder holster. I had my arms crossed with my hand inside the jacket. Hand on the grip and unsnapped just in case it turned ugly.

The pizza guy was a friend and noticed that I didn’t take my order and leave and that my hand was inside my coat. He thanked me for hanging around until they left.

In this example, NCJones elevated to Condition Orange when the four “suspicious individuals” came in. He prepared to enter Condition Red, setting his “mental triggers” (if one of the suspects did X, Y, or Z he’d draw and shoot). He prepared himself mentally and physically, and luckily, didn’t have to enter Condition Red.

by William Desy, CFE, CFS (reprinted with permission)

“The State of Utah issued over 30,000 Concealed Carry Permits to Resident’s and Non-Residents last year. They are on target to issue over 40,000 permits this year. “ –By William Desy

Why are so many people concerned with their personal safety?

The right to carry a concealed firearm is being exercised every day by more people than you would ever expect.

Students are banging down the doors of Utah Certified Firearm Instructors. They travel to unfamiliar areas, through remote desert areas across the land of the free and the home of the brave.

Do you know where the “High Crime” areas are in your community?

You might be surprised to find that most people don’t know their own City’s crime rate, and know even less about their surrounding community. If you have kids, you might have checked the Megan’s Law website to see how many registered sex offenders live near your home. But I guarantee you have not checked for unregistered sex offenders, murderers, and recently released felons… there is no website to identify them.

With the benefits of modern technology, like MySpace, Facebook, and other hook-up websites, we have created a new and target rich environment for generations of easy and willing victims. If you have kids and a computer, please take a moment and visit www.perverted-justice.com and monitor your kids when they are using a computer that is hooked up to the internet.

Just stay clear of those bad neighborhoods, because criminals don’t have cars? Or ride the Bus or other public transportation? Even a bad camper knows not to crap too close to the tent. Criminals are opportunists, and they come to you. They are often looking for money or something they can convert to money. But some just want to do harm for the sake of doing harm. They actually enjoy the power of making you cower and tremble in fear. Cooperate and beg for your life, that is your choice, and maybe they will spare you. Criminals also don’t like witnesses, it’s bad for repeat business.

I have several friends that are sworn Police Officers with Local, State and Federal Agencies. They have a very difficult job protecting society as a whole, but freely admit that they have no duty or responsibility to provide for your personal, individual safety. The courts have confirmed this, and it is logistically impossible for the police to protect every individual within their jurisdiction. They can use proven tactics, community policing, neighborhood watch programs, crime stoppers, undercover operatives, confidential informants, special units that focus on Felons and career criminals that continue to prey on the innocent once released from prison. If 80% of violent crime is committed by 20% of the Criminal population, then truth in sentencing and no early release for “good behavior” will reduce violent crime! If you are surprised by a sudden, violent criminal attack, and expect the Police to receive the call, dispatch the call, and respond in time to save you, make sure clearly request a CSI and a Homicide Detective. They will “bring the chalk”, and make a nice outline around your body, and the bodies of your family members. They will dust for prints and look for DNA evidence, because their job is to investigate the crime AFTER it has happened. Sure would be great if the fire department could come over and water down your yard and house before the fire starts. Unfortunately, a great deal of police work is reactive in nature, and can only be performed after the fact.

What the heck is good behavior in prison?

Jonny Badass did not commit any robberies, rapes, or kidnappings while he was incarcerated… so that equals “good behavior” and we can obviously release him because he has turned to the side of good and no longer seeks to harm anyone. Thank you for not killing your cell mate, here are some cooperative victims for you to slaughter. Welcome to our neighborhood?

Is this a political issue?

No! Self Defense and Personal Safety are non-partisan issues. I don’t care if you are Republican, Democrat, Libertarian, Peace and Freedom, Green Peace, or Vegetarian.

If someone is trying to kill you during a violent criminal attack, you will want to be able to defend yourself? No? If you don’t care that much about your own personal safety, you probably still have a mother, wife, friend, or child that you care enough about that you would use force, even deadly force, to protect them from the unlawful force or violence offered by a criminal predator.

Would you like to be able to help stop this criminal or just stand by and watch?

Murder, Rape, Armed Robbery, Kidnapping, Mayhem, Sodomy, Assault with a Deadly Weapon… these are real crimes that happen in our society every day.

If there is one thing we can all agree on it’s the absolute right to defend yourself and your loved ones from these criminal acts. The Right to Life, Liberty and the pursuit of happiness… Self Defense is your God given right and your own personal responsibility!

Although the Heller Decision and the 9th Circuit’s ruling have affirmed an individual right to own and possess firearms, we still have a battle on our hands. The current crop of anti-gun legislators do not want you or I to own or possess firearms, and strongly believe that taking guns out of the arms of law abiding citizens will somehow reduce crime? These are important decisions that will have an effect on our economy, our Military, National Safety, and our individual Personal Safety.

What can you do?

Get involved at the Local and State level and try to make positive changes in your community.

National Reciprocity could be the answer. All States already honor other’s Driver’s Licenses, Marriage Licenses, College Degrees, Criminal Convictions, etc. Take a look at the Full Faith and Credit clause Article IV, Section 1 of the United States Constitution, commonly known as the Full Faith and Credit Clause, addresses the duties that states within the United States have to respect the "public acts, records, and judicial rulings" of other states.

According to the Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments. Judgments are generally entitled to greater respect than laws, in other states. At present, it is widely agreed that this Clause of the Constitution has little impact on a court’s choice of law decision, although this Clause of the Constitution was once interpreted differently.

About the Author

William Desy, CFE, CFS, is a State Licensed Private Investigator, Certified Fraud Examiner, Certified Fraud Specialist, Personal Security Consultant, and State Certified Firearms Instructor in California and Utah.

Mr. Desy is a NRA Law Enforcement Firearms Instructor and has been a Certified Firearms Instructor since 1992. For more information regarding Concealed Weapon Permit Courses, please contact Mr. Desy through his website www.CCWUSA.com