Two years ago the Supreme Court overturned Washington’s ridiculous gun ban for law abiding citizens.

The results are astonishing (at least to gun control advocates) as their murders dropped 9% in 2010, and are now at the lowest number since 1963!

Read the full story at http://www.washingtontimes.com/news/2011/jan/1/dc-homicide-rate-drops-lowest-1963/

USSC is already working with potential sponsors to change Utah law so that people from other states will have to get a permit from their home state before applying for a Utah permit.

However, what was completely unexpected was Jackson County Wisconsin’s District Attorney, Gerald R. Fox, who, in a recent press release, held that the Second Amendment’s protections apply against current state regulation, specifically five Wisconsin state statutes, which he found to be unconstitutional:

“I hereby declare that this office will no longer accept law enforcement referrals for violations of the following statutes:

• Section 167.31, prohibiting uncased or loaded firearms in vehicles;
• Section 941.23, prohibiting the carrying of concealed weapons, including firearms;
• Section 941.235, prohibiting the possession of firearms in public buildings;
• Section 941.237, prohibiting the possession of firearms in establishments where alcohol may be sold or served; and,
• Section 941.24, prohibiting the possession of knives that open with a button, or by gravity, or thrust, or movement.”

District Attorney Fox told the examiner.com that the US Supreme Court was clear: the right to bear arms is “fundamental,” and therefore state governments can only restrict these rights by way of regulations which are “narrowly tailored to achieve a compelling state interest.” Additionally, he stated that ”in Jackson County, [people] don’t risk prosecution” for violating these 5 statutes.

This means that States, Counties, and Cities cannot have laws that prohibit the keeping or bearing of arms.

• http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
• http://www.examiner.com/x-3253-Minneapolis-Gun-Rights-Examiner~y2010m6d28-Substantive-victory-for-gun-owners?cid=exrss-Minneapolis-Gun-Rights-Examiner

First off you’ll need to find out if it is legal to open-carry in your locale, and if so what the restrictions on doing so are. You might even want to find the applicable sections of Codified Law that apply and carry a copy with you, just in case you run into some of our friends in blue.

Second, once you’ve determined the legality of your carry, check where you plan on going to make sure you won’t come within any legal proximities to any school, church, bar, or other potentially prohibited place. You don’t want to be caught 946 feet away from a school while you’re finding a shady spot on the parade route or fireworks display. You might be exempt from such laws, but make doubly sure you are before you go open-carrying.

Third, pick a respectable looking firearm to carry with you. I’d suggest against that AR-15, Uzi, or AK-47. Go with a nice looking (recently cleaned) pistol or revolver.

Fourth, make sure you have a good holster. It should look nice and function even better. I would HIGHLY recommend a holster with some type of retention mechanism, such as the Blackhawk Serpa CQC that I recently reviewed. You don’t want your pistol coming loose at an inopportune time.

Fifth, pick out your clothing. You want to look NICE! Shirt and tie would be fabulous, but you may choose something less casual. Don’t look like a gangster (the old, Chicago mob-boss style, or the newer bejeweled kind either). If you can, you want to look like you could be an off-duty or plain-clothed cop. You are NOT trying to impersonate a law enforcement officer, but you do want to look every bit as neat and tidy as they do.

Sixth, be prepared for a confrontation, either with a civilian or a law enforcement officer. You’re now an ambassador of the open-carry movement and gun-owners in general. DON’T LET US DOWN!

Seventh, carry a camera and voice recorder. If you run into anyone that gives you a hard time, press record. Don’t do it “in your face” rather, do it quietly and secretly. You’ll behave better and keep a cooler head if you know you’re being recorded.

Eighth, and most importantly, be friendly, smile, be nice. These are your friends and neighbors that you’ll be mingling among. Make a good (and positive) impression.

Lastly, report back! Let me know how it went!

Open-Carry differs from Concealed-Carry in that the firearm is carried openly, not hidden under clothing. Some states prohibit this practice entirely, others require a permit to be able to do so, while still others (including Utah and California) require that the firearm be “unloaded” while open carrying.

That’s where things get sticky

“Unloaded” isn’t a common-sense term like you’d expect; it’s a legal term, with varied definitions depending on your location. In Utah, a firearm is “unloaded” when there is not a round in the firing position:

Utah Code 76-10-502. When weapon deemed loaded

1. For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
2. Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
3. A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.

In other words, if there is not a round in firing position AND it takes more than one “manual operation of any mechanism”, the firearm is “unloaded” as defined by Utah Code. A pistol with an empty chamber, but a full magazine would be considered “unloaded” by this definition.

In California it’s a bit different. I don’t have the specific code to cite, so you’ll need to look that up yourself, but from what I’ve been told it basically says a firearm is “loaded” whenever ammunition for said firearm is “readily accessible” which has been found to include a round in the chamber, a magazine with ammunition in the firearm, and even a magazine with ammunition carried on the same side as the firearm. Apparently, a loaded magazine on the opposite side of the otherwise unloaded firearm renders the firearm “unloaded” in California.

Disparity of Force? Monopoly on Force?

Some cops don’t like “civilians” carrying firearms for self-defense. Some have the attitude that it’s their job to carry a gun, not yours.

This “monopoly on force” is the the very core of a police state: when law enforcement can use force without any fear of a civilian being able to defend him or herself. Of course I’m not advocating violence against police, nor am I advocating police violence against civilians. What I am advocating is mutual respect. Law enforcement exists to protect and serve the People; the People are their employer, their boss. Sometimes this fact is overlooked.

Take, for example, Officer Rod Tuason with the East Palo Alto (California) Police Department.

Recently Officer Tuason allegedly replied to a thread on Facebook which said “[redacted] feels that Open Carry Advocates need to start carrying in like Oakland, Richmond, East Palo Alto and not limit themselves to the hoity toity cities.”

According to the screen shot of the conversation (inset), Officer Tuason replied (emphasis added):

Haha we had one guy last week try to do it! He got proned out and reminded where he was at and that turds will jack him for his gun in a heartbeat!

[…]

He apologized and called dispatched [sic] 3 times to apologize to the sgt over 2 days! […]

[…]

Sounds like you had someone practicing their 2nd amendment [sic] rights last night. Should’ve pulled the AR out and prone them all out! And if one of them made a furtive movement…2 weeks off!!!

Definitions

“Proned out” usually means placing the suspect face-down on the ground, arms and legs extended.

“AR” usually refers to a an AR-15, which the Brady Campaign would likely refer to as an “assault rifle” or an “M-16” (both terms are incorrect).

A “furtive movement”, according to Chambers v. Maroney 1970 “means secretive or concealing” whereas common dictionary definitions add the term “stealthy” to the meaning.

“2 weeks off” is a reference to the amount of paid administrative leave usually given to a police officer when they are involved in a shooting where their actions caused the death of an individual. One week is usually given when someone was shot by the office, but did not die.

Analysis

Based on what myself and others familiar with Officer Tuason’s comments can discern, he was making a thinly veiled reference to harassing law-abiding civilians exercising what he recognizes as their Right under the Second Amendment, forcing them to the ground at gunpoint, and if he saw what he felt was a “stealthy” movement, he would shoot and kill them.

These comments were made in a semi-public forum (Facebook) and should worry about Officer Tuason’s feelings on the matter, particularly because he is not a rookie fresh out of the academy, he’s a seasoned officer.

Disciplinary Action

Officer Tuason, by making this threat against open carriers, has violated California Penal Code… yet as far as I can tell, he is still on the force, hasn’t been charged with a crime, and hasn’t been disciplined in any way.

I say “as far as I can tell” because repeated calls to the Police Chief, Ronald L. Davis, 650-853-3160, have gone unanswered. Phone calls to Mayor David E. Woods, (650) 804-2125 were directed to the city’s public relations officer, but no replies have been received.

What do you think?

Did Officer Tuason cross the line with his threat against civilians exercising their right to bear arms? Should he be disciplined? If so, how? If not, why not?

Neither could we, but that didn’t stop a 32 year old Haverhill, Massachusetts from being arrested after police found 10,000 rounds of ammo in his car and later confiscated an additional 20,000 rounds from his home.

Haverhill told police he intended to use the ammo (in .32, 9mm, and .22 calibers) for target practice. According to sources, police say that’s “unrealistic”.

Ironically, people around the country have been seen stockpiling ammunition which others have said (combined Obama’s ongoing war efforts) have led to a nation-wide shortage on ammunition.

This arrest brings up several points of concern, the two we’d like to underscore are:

• In legal terms, how much ammunition is “too much” ammunition?
• Why are police enforcing a law limiting the quantity of ammunition? A law that we haven’t found to exist.

Sources:

• http://www.eagletribune.com/punewshh/local_story_135220825.html?keyword=topstory
• http://mainehuntingtoday.com/bbb/2009/05/23/man-about-to-become-us-citizen-arrested-for-having-too-much-ammo/