Tag Archives: CCW

Breaking: 9th Circuit en banc on Peruta – 2nd Amendment does not apply to concealed carry

Just released:

The en banc court affirmed the district courts’ judgments and held that there is no Second Amendment right for members of the general public to carry concealed firearms in public.

Appellants, who live in San Diego and Yolo Counties, sought to carry concealed firearms in public for self-defense, but alleged they were denied licenses to do so because they did not satisfy the good cause requirements in their counties. Under California law, an applicant for a license must show, among other things, “good cause” to carry a concealed firearm. California law authorizes county sheriffs to establish and publish policies defining good cause. Appellants contend that San Diego and Yolo Counties’ published policies defining good cause violate their Second Amendment right to keep and bear arms.

The en banc court held that the history relevant to both the Second Amendment and its incorporation by the Fourteenth Amendment lead to the same conclusion: The right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment. Therefore, because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry — including  a requirement of “good cause,” however defined — is necessarily allowed by the Amendment. The en banc court stated that there may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public, but the Supreme Court has not answered that question.

https://cdn.firearmspolicy.org/wp-content/uploads/2016/06/2016-6-9-peruta-richards-enbanc-opinion.pdf

As a reminder, California bans open carry entirely. By allowing arbitrary “good cause” requirements for concealed carry that can be denied under any pretext, the 2nd amendment is effectively non-existent outside of one’s home.

The Supreme Court will have to weigh in with a solid decision stating the 2nd Amendment applies to carry outside the home in order to overrule these sorts of decisions – and this will require another district coming up with a ruling opposite what the 9th circuit has returned.

KY Permitless Carry a possibility? HB 531!

From the NRA:

Today, House Bill 531 was introduced by state Representatives Hubert Collins (D-97) and Jody Richards (D-20).  HB 531 would allow a law-abiding individual, to lawfully carry a concealed handgun for self-defense without needing to first obtain a government-issued license.  This legislation has been referred to the House Judiciary Committee for consideration, and your NRA-ILA expects a Senate version of HB 531 to be introduced later this week.

This bipartisan legislation recognizes the right of Kentuckians to legally carry a concealed firearm without the requirement of acquiring a Kentucky concealed carry deadly weapons license (CCDW).  HB 531 is a much-needed update to concealed carry in Kentucky, allowing law-abiding gun owners the ability to better protect themselves and their loved ones.  This legislation would give Kentuckians the freedom to choose the best method of carrying for them, based on their attire, gender and/or physical attributes.  HB 531 would also keep in place the current permitting system so that people who obtain a permit could still enjoy the reciprocity agreements that Kentucky has with other states.

https://www.nraila.org/articles/20160301/kentucky-permitless-carry-legislation-introduced

Hot damn if this makes it through!

Edit: looks like this also prohibits employers from banning CCW and allows for campus carry too!

I was going to write something up, but he did it better: Larry Correia on the Paris Attack

As usual, Larry hits the nail on the head in this great post:

Paris. Coming soon to a location near you. Mumbai, Beslan, and a thousand others, we’ve seen this before, and we’ll see it again.

On the personal, local level, this is another example of why you should carry a gun. No, we don’t expect every permit holder to be a Navy SEAL, just a speed bump. The best way to stop a mass shooter is an immediate violent response. At best, you drop them before they can hurt too many people. At worst, congratulations you were a distraction, but even distractions can save lives or derail plans.

Running is great. I’ll never fault somebody who chooses to run or hide when bad things happen. Every one of us has a different level of training, knowledge, and commitment, and what is the right answer for you, isn’t the right answer for your grandma. If you are the kind of person to get involved, you need to have a clue. However, since the only constant of gunfights is that they suck for somebody, you can do everything right and still die. On the bright side you at least bought everybody else some time.

For the pacifistic anti-gun dumb asses on the internet who always crop up in the aftermath of any violent event, bitching about imaginary crossfires, or how fighting back would just make things worse. Just shut up already. You’re children, with a child’s grasp of the subject. When people are being mass butchered, barring tossing hand grenades at the bad guy, it is pretty damned hard to make it worse.

http://monsterhunternation.com/2015/11/16/thoughts-on-paris/

 

CCW success story: Bank Robber shot by civilian with CCW

Just another example of a good guy with a gun:

Local 4 has learned the robber walked into the bank and announced a hold-up. He received money from a teller and then pointed the gun at the customer, who shot him. [The CCW holder] shot him in both arms and the leg.

http://www.clickondetroit.com/news/customer-shoots-bank-robber-in-warren/35398190

If you are going to carry, carry everywhere.  The gun does you no good if you leave it at home.

Opinion polls “debunk” facts now? “New Harvard Research Debunks the NRA’s Favorite Talking Points”

Mother Jones (never known for their journalistic integrity or honesty on the topic of firearms) vomited up this piece of journalistic excrement today:

New Harvard Research Debunks the NRA’s Favorite Talking Points
Surveys drawing on scores of experts reveal a clear consensus against the gun lobby.

In it we have the usual uncritical fluff piece fawning over anti-gun shill David Hemenway’s latest work that is lauded as a decisive & stunning blow against the evil NRA… an opinion survey.   Opinion surveys should always be taken with a dump truck of salt since they don’t always match up with reality as documented in this Pew Research Survey where despite gun crime being at decade lows, 56% of people believe it is higher than 20 years ago.

The article opens with the scoff worthy platitudes that anti-gun writers peddle as without merit:

Anyone familiar with the gun debate has heard the talking points of the National Rifle Association and other gun rights advocates: “Carrying a gun for self-defense makes you safer.” Or: “If only more ordinary citizens were armed, they could stop mass shootings.”

Yes, because being unarmed is certainly safer when facing someone who is willing to kill your child when you don’t have enough money to given them.   And a mass shooting has never been stopped by a concealed carrier. Certainly not in the last two weeks, in Philly.

As we’ve shown in our reporting, these arguments don’t stand up to scrutiny. After the massacre at Sandy Hook Elementary School, David Hemenway, director of the Harvard Injury Control Research Center, commented on another long-running assertion from the gun lobby: “There is no evidence that having more guns reduces crime,” he told the New York Times.

If by “don’t stand up to scrutiny” you mean “don’t survive our straw man arguments” – arguments like:

“Myth #1: They’re coming for your guns” where they say that just because outright confiscation isn’t on the agenda yet, there’s no middle ground between that and nothing at all.  Certainly nothing like trying to ban assault weapons.  Nevermind that confiscation has happened in places like California under Roberti-Roos, Canada, or elsewhere.  It certainly isn’t happening in New York, where law enforcement officers barely wait for the bodies to cool before swooping in to confiscate legally owned firearms from the families of the deceased.

or “Myth #5: Keeping a gun at home makes you safer.” where they conveniently make an apples to oranges argument by blaming firearms for suicides and use those suicides to pad total homicide stats, while undercounting defensive gun uses by limiting them to justifiable homicides.  After all, situations where a mother defends her child against a home intruder by shooting him 5 times don’t count since the attacker didn’t die.

As for the “no evidence that having more guns reduces crime” comment, that’s also been addressed as there’s zero proof that firearms availability has an effect on firearms crime either.

Yet, Hemenway says that some in the media have continued to treat such assertions as legitimate points of debate. That leaves the public thinking, “Okay, so there’s disagreement on this,” he says. It occurred to Hemenway that this was a familiar problem, so he set about surveying a wide range of experts on guns—modeling his project after a game-changing 2010 study on climate change, which found that 97 percent of researchers believe that humans are responsible for global warming. Hemenway’s team at Harvard went through about 1,200 articles on firearms published since 2011 in peer-reviewed journals focused on public health, public policy, sociology, and criminology. In May 2014, Hemenway began sending monthly surveys to the authors of these articles—upwards of 300 people—with questions concerning firearm use, background checks, and other gun policies. The Harvard team has completed nine surveys so far, with about 100 researchers responding to each: They show that a clear majority of experts do not buy the NRA’s arguments.

So let’s cut to the chase, let’s look at the information itself:

http://www.hsph.harvard.edu/hicrc/firearm-researcher-surveys/

Expert firearms researchers were defined as those individuals that 1) publish in peer-reviewed journals and 2) publish specifically about firearms in the public health, public policy, sociology, or criminology literature. Expert researchers were defined as first authors on at least 1 peer-reviewed journal article from 2011 to the present (February 2014). It was felt that including all authors would overweight the public health/medicine area of research since articles there tend to have more authors.

If you can spot the selection bias already, give yourself a pat on the back.

Let’s dig further and look at the first survey dataset and see who responded:

Emails sent: 287
Emails opened: 194
Surveys started: 158
Surveys completed: 150

Interesting.  So out of this highly cherry picked group, just over half responded.  What did they have to say about the first question?

Q1: “In the United States, having a gun in the home increases the risk of suicide”
Strongly disagree 3%
Disagree 5%
Neither Agree or Disagree 8%
Agree 26%
Strongly Agree 58%

Looks like these people never read the research coming out of Australia showing that firearms availability has little effect on overall suicide rates.  Of course I’m not the only one to mention that other countries with much harsher gun control can have higher overall rates of suicide as well.

But what really takes the case of this opinion poll is this:

Q3: Rate your level of familiarity with the literature on this topic
Not knowledgeable 7%
Slightly knowledgeable 13%
Medium 19%
Knowledgeable 33%
Very knowledgeable 28%

Yeah, no possibility for confirmation bias or Dunning-Kruger here.  No possible selection bias.  No one invested in firearms research or policy. No breakdown of disciplines past vague generic

Public health/medicine 48%
Criminology/sociology 33%
Public Policy 5%
Other 14%

Which lumps in psychiatrists with cardiac surgeons like noted shill antigun hack Arthur Kellerman.

The rest of the surveys are just as worthless.

The entire exercise is an Appeal to Authority writ large, with healthy amounts of the previously noted fallacies thrown in for good measure.  Of course, since there’s no benchmark or standard behind who is viewed as an expert, simply that they were “peer reviewed” at some point, we can dismiss this as junk science like most antigun agitprop.

Rape Survivor testifies at Maryland Legislator for Concealed Carry

Maryland is going through CCW law hearings right now and the following is testimony from a resident who lends a personal face to what is otherwise just statistics:

Kudos to the Daily Mail for actually being impartial in presenting this in their story: This incredibly difficult moment a rape survivor stood up in Maryland state Senate hearing to demand the right to carry a concealed weapon 

A brave rape survivor took the podium at a Maryland state Senate meeting this week and told the frightening tale about being stalked by a man she never met.

Jacqueline Kahn was speaking in support of a measure that would allow residents in Maryland to carry concealed weapons for self-defense.

The state is currently one of just a handful in the nation that doesn’t allow residents to carry firearms on the basis of protection alone.

‘I need you to know this is so incredibly difficult for me, but I feel like if I don’t humanize this, if I don’t make it clear how this legislation actually affects your daughters, your mothers, the women of this state, then it’s all just a bunch of numbers,’ Kahn told lawmakers.

In her presentation, Kahn told the Senators about how a man was once arrested in her back yard with duct tape and a knife.

‘I wish I could tell you that’s the only time I’ve been stalked, or that’s the only man who has stalked anyone in the state of Maryland. But there’s a huge number of women, who like me have been raped, who like me have been sexually assaulted — and we want the right to be able to do what we would be allowed to do throughout the majority of the rest of the United States,’ she said. Kahn didn’t speak about the details of her rape.

Former Commander of the Maryland State Police Gun Licensing Division on Gun Owners, Concealed Carry and misconceptions about them.

Maryland is one of the most hostile states to firearms owners.  In this video, Jack McCauley (the former commander of Maryland’s Gun Licensing Division) explains why he was wrong about gun owners & his preconceptions about them.

His credentials:

  • Commander of the Maryland State Police Licensing Division, 24 year veteran of the MSP
  • Member of the Maryland State Police Homicide Unit
  • Ran the Maryland State Police Gang Unit (statewide responsibility)
  • Ran the Firearms Enforcement Unit (tracking down violent criminals involved in gun crime working with ATF)

Maryland had a requirement that concealed carry permit applicants provide a “good and substantial reason” for wanting one.  They were sued, and lost, in the case Woollard vs Gallagher and was the first case against “may issue” CCW permitting laws.

He talks about the stats about the number of permits revoked and mentions how CCW permit holders get in trouble less than police officers, something that he refused to believe until he’d done the research himself.

The most interesting part of the video, however, is where he discusses the “good and substantial reason” decision making process for obtaining a permit in Maryland.  He mentioned police officers arguing in the breakroom over decisions and the lack of set standards for what was and was not considered a proper reason.  Amusingly enough, McCauley related an anecdote about asking one of the police officers whether he’d attend a baseball game in Baltimore without a concealed weapon, to which the trooper replied no due to the high crime rate. The same trooper wouldn’t issue permits to the average citizen.

In closing, McCauley states:

The arbitrary administration of this process, it’s horrible.  It’s an absolute nightmare. And it needs to have something done about it.  Self defense is very simple. […] What I believe in Maryland is, that, the way that we fight gun crime is out of focus.  Completely. There are so many different scenarios and ideas and concepts for fighting gun crime.  I’m willing to share them; I need someone to listen to them.  We need a committee on that.  But let me say this: These guys? [Pointing to audience] Who I once feared the same as you? Carrying handgun permits isn’t it.  Statistics show that. They do. They’re not a danger. They’re vetted, a background check was done, they are required to qualify.  This is not a danger or a threat to our society”

When doing background for this post, it turns out that McCauley played a part previously in Maryland gun control; specifically during questioning about proposed the Firearm Safety Act of 2013 (SB 281), when the O’Malley administration ordered him not to answer questions about the proposed law and how it would have no effect on reducing crime.  You can read his affadavit here: https://www.scribd.com/doc/226033546/McCauley-Exhibit-50