Being a responsible gun owner is hard. There is basic safety and responsibility - the 4 rules that every gun owner should know, the keeping firearms safely out of the hands of adventurous and curious toddlers, the regular training, the strategy in carrying my firearm of choice, my "rules of engagement" regarding the decision to use force, the legality involved in carrying or using a firearm, and the aftermath if force is used... much of this dictated by the laws of the state I live in. Those laws change quite frequently and often times it can seem like I should have a law degree to understand half of what the law says. Even so, I think it is part of my responsibility as a responsible gun owner to invest time in understanding the law and its implications much as I am able ... not just to prevent from accidentally running afoul of those laws, but to help determine my strategy for owning and using firearms altogether.
To this end I have several resources that I use:
1) handgunlaw.us is a website put together that explicitly displays the relevant statutes for each state on any number of subjects: from the process to obtain permits, that state's gun free zones, rules for interacting law enforcement, open & vehicle carry, and state emergency powers, to name a few. Reading through it can be a chore so, what I have done to aid my eyes and non-lawyer brain:
2) I have put together a summary of state and federal firearm laws dissecting the information found in the site above and writing it in a format that is much easier to read. I should point out that I am NOT a lawyer and that the information you read should be vetted and verified. I wrote it for my own purposes and if you find value in it, great! Just be thorough and check!
State Firearm Summary
3) Books on the legal battle surrounding the use of force. Training and carrying is part of the battle, the engagement itself is another, but there is also the legal battle surrounding the aftermath. This is where the information I put above is far less helpful and puts a gun owner into a major grey area. Even if using a firearm in self-defense appears justifiable by all means, you could still find yourself charged with a crime. This point can have an impact on your rules of engagement, where, how, when, or even if you choose to carry. These books offer strategies and emphasize on how to maintain your innocence, interact with the police, and help constructing a strategy to maintain your use of force was lawful in court if you wind up there. Another great resource in this part of the fight is:
4) Membership in the USCCA - the USCCA is specifically dedicated to educating and training responsible gun owners in matters pertaining to carrying and using firearms in self-defense. In the event that force is used, they have benefits that help retain and pay for a lawyer (I doubt many have money just lying around to pay for one). Furthermore, they handle the process for you so you can focus on what happened and get the facts right for the police. Please - I STRONGLY encourage anyone who owns a firearm to get this kind of insurance; even a losing defense is expensive.
https://www.usconcealedcarry.com
Owning and carrying a firearm is by no means straightforward and to be a responsibly armed American, it means not just investing in training, holsters, and your firearm of choice - it means sitting down and reading the law, understanding it as much as you can, staying up to date on legal changes, and having knowledge about how to maintain and fight for your innocence if it ever comes to it. Investing in knowledge and obtaining wisdom in its use is just as important as surviving the physical fight.
It makes one seem like being a lawyer doesn't it?
Stay Safe!
Saturday, July 22, 2017
Saturday, April 29, 2017
Thoughts on National Reciprocity
Traveling from state to state with a firearm isn't easy, even among states that are relatively gun friendly. Unlike driver's licenses, carry permits are not universally recognized from one state to the next. The practice of recognizing permits from different jurisdictions is called 'reciprocity' and it creates headaches for law abiding gun owners. States do not have common practices in how they issue permits, but they will recognize permits from other states in a few ways:
- Outright recognition
- Outright denial
- Are permit issuance rules and practices from other states substantially similar to their own?
- Are you a resident of the state that issued your permit? - some states will not recognize permits from states where you are not considered a resident.
Reciprocity doesn't even mean full recognition of your right to carry. Illinois and Pennsylvania allow a permit holder from any state to carry a firearm in a vehicle, but have different rules for carrying on foot.
As a law abiding gun owner, it is paramount that you know where your permits are valid. There have been incidents in recent years resulting in felony charges for individuals that have never committed a crime in their lives just because they crossed a state line carrying a legally owned and carried firearm (in their home state). One of the most glaring examples of this kind of problem was a mother running an errand from Pennsylvania to New Jersey, got pulled over, informed the police officer that she was carrying a firearm, and promptly found herself under arrest for violating New Jersey's strict gun laws. As a rule, NJ never issues permits for self-defense to ordinary citizens and doesn't recognize any permit from any state. She was eventually released with time served by order of NJ's governor, so a felony still sticks to her record and she can never own a firearm again.
Even in areas where gun laws are simpler, there are still plenty of gotchas. If you want to drive down the west coast from Washington to California and only have a Washington permit, it still gets complicated. Oregon and California do not recognize any state permits other than their own, so once you cross the Columbia River, Oregon requires any unlicensed carrier to have their firearms "in plain view or not readily accessible." If you travel through Portland it gets even more complicated as unlicensed carry is not covered by the state's preemption statute (at what level can cities and counties override state laws) so you are required to unload firearms and magazines to remain within the law. Once in California, you become subject to laws that govern what you can own and firearms need to be unloaded in a locked container to be legal.
The solution proposed by conservative lawmakers is what is called "national reciprocity." It would meant that any license issued in any state would be valid in any state provided the carrier was otherwise following the laws of the state you are in. It sounds like a simple solution. Situations like the ones described would no longer be an issue and would be a major victory for law abiding citizens. Except ... it isn't that simple. The only thing national reciprocity would allow is the ability to carry 'in accordance with state laws.' Gun free zones, use of force rules, and possession restrictions still apply.
Don't expect anti-gun states and lawmakers to take such proposal lying down. They WILL find ways to make it as difficult as possible for anyone to carry a firearm (though law abiding citizens are certainly not the problem. It is not like your local thug will go through the effort of getting a government permit). If it advances the cause of limiting gun ownership and carry or at least keeps legislation in the courts for years, they will do it. They go to ridiculous lengths to push their agenda. The ballot initiative is a new mechanism to pass gun control under the guise of "public safety." Heck, they even advertise it as 'protecting gun rights.' If national reciprocity becomes law, look for the following:
- Near immediate lawsuit
- Tightening of possession regulations - magazine capacity bans, licensing, registration, etc.
- New lists of gun free zones
- Make it much more difficult to use a firearm in self-defense - why carry if you can't use it?
- People could be arrested under the state's current laws in an effort to force the issue through the courts; the average joe would have a hard time paying for any lengthy legal defense
- Precedent - if the federal government can make a rule involving firearm carry, they can try to pass laws setting standards for permit issuance (like Real ID); if a difficult standard exists (like CA, NY, or NJ) those practices could be standardized for issuing a permit nationwide.
- Nullification - the practice of ignoring or circumventing federal laws a state doesn't like.
Throughout the country's history, states have been dragged kicking and screaming to follow laws that a particular region doesn't like. It took long legal fights and even civil disobedience to get some measure of compliance. To this day, states will try to find ways around established nationwide precedent. If states can fight for decades on issues like abortion or gay marriage (leftist issues) and still find loopholes, don't expect the opposing party to be ok with a national reciprocity law or even a Supreme Court ruling in favor of gun rights.
National reciprocity would help the case of mere crossing a state boundary while carrying a firearm. While this would be a victory for gun owners, it is far from the end of complications for gun owners and legal battles in the legislature and courts.
It is IMPERATIVE that you know and understand the laws where you live and travel.
Sunday, April 23, 2017
Constitutional Carry - Gotcha
Rules for possession and carry of firearms continue to change drastically year after year. Anti-gun states like California and New York continue to apply ever more stringent regulations for their citizens and visitors alike. On the opposite end of the spectrum, Constitutional or Permitless carry continues to gain traction across the country. As a responsible gun owner it is imperative to know what the laws for possession and carry are, not just in your home state, but also in the places you travel.
What is Constitutional (Permitless) Carry? Basically, it is the right to carry a firearm openly or concealed without a state issued permit as long as the carrier is not prohibited from possessing a firearm under federal or state law. Such carry grants considerable freedom to law abiding citizens so they can carry a firearm how they choose without needing to pay for expensive classes, permits, and waiting periods to obtain their license.
Detractors say not requiring a permit prevents citizens from understanding their rights and responsibilities when carrying a firearm by obtaining proper training and going through a background check. What they do not understand is that bad guys will carry regardless of what the law requires, law abiding and responsible citizens will (should) obtain training regardless of what the law requires, and that some states issue permits without requiring a class anyway. Washington State only requires a state background check, fingerprints, 50 bucks, and not being a prohibited possessor. Whereas in Arizona (a Constitutional Carry state) additionally requires a class and a proficiency test to obtain their permit; there is no standard for permit issuance across the country.
Should you obtain a permit if you live in a Constitutional Carry state? All Constitutional Carry states except Vermont still issue a permit to carry for reasons I will explain. Obtaining a permit despite Constitutional Carry has a couple of benefits:
First, you will have fewer issues carrying across state lines due to reciprocity between states (reciprocity is an agreement between states whether they will recognize each other's permits). As carry laws vary dramatically from state to state, having a permit will generally allow you to continue to continue carrying without running afoul of that state's laws. (There is a major caveat which I will get to in a minute).
Second, you may be able to gain exemptions for carry restrictions in your home state. In Arizona, if you carry in areas where alcohol is consumed on-site (doesn't have to be a bar) you are required to have a carry permit, carry concealed, do not consume alcohol, and there can be no gun-buster signs. Other states like Missouri go further where permit less carry exists statewide, but if you do not have a permit you will be subject to city level bans on open carry as unlicensed open carry is not covered by the state's preemption statute.
What about restrictive states? Traveling between gun friendly states can be straightforward, but remember - when it comes to gun laws, crossing state lines is often like crossing a national boundary. Several states do not recognize permits of any kind from any state and confer no benefits to visitors. This is why it is extremely important to know what the laws are in the places you travel. You might find yourself facing a felony just for bringing a magazine that contains more than 10 rounds or for simply having a firearm in your possession. There is one piece of good news though: Federal law contains a special provision for traveling with firearms across state lines:
Under United States Code Title 18 Section 926A, any person who is legally able to possess a firearm may transport that firearm from a location where it was legally possessed to any location where it will be legally possessed if it is in a locked container and is separated from any ammunition. To ensure compliance, unload all firearms and magazines, store them in separate locked containers, and secure them in a locked compartment within the vehicle if possible. The condition has to be that you are going someplace where you can lawfully own your firearms and ammunition. So if you stop overnight, federal protection expires (there is reportedly a piece of legislation in the works to amend this little gotcha).
As someone who travels across state lines a few times a year, I typically do the following:
What is Constitutional (Permitless) Carry? Basically, it is the right to carry a firearm openly or concealed without a state issued permit as long as the carrier is not prohibited from possessing a firearm under federal or state law. Such carry grants considerable freedom to law abiding citizens so they can carry a firearm how they choose without needing to pay for expensive classes, permits, and waiting periods to obtain their license.
Detractors say not requiring a permit prevents citizens from understanding their rights and responsibilities when carrying a firearm by obtaining proper training and going through a background check. What they do not understand is that bad guys will carry regardless of what the law requires, law abiding and responsible citizens will (should) obtain training regardless of what the law requires, and that some states issue permits without requiring a class anyway. Washington State only requires a state background check, fingerprints, 50 bucks, and not being a prohibited possessor. Whereas in Arizona (a Constitutional Carry state) additionally requires a class and a proficiency test to obtain their permit; there is no standard for permit issuance across the country.
Should you obtain a permit if you live in a Constitutional Carry state? All Constitutional Carry states except Vermont still issue a permit to carry for reasons I will explain. Obtaining a permit despite Constitutional Carry has a couple of benefits:
First, you will have fewer issues carrying across state lines due to reciprocity between states (reciprocity is an agreement between states whether they will recognize each other's permits). As carry laws vary dramatically from state to state, having a permit will generally allow you to continue to continue carrying without running afoul of that state's laws. (There is a major caveat which I will get to in a minute).
Second, you may be able to gain exemptions for carry restrictions in your home state. In Arizona, if you carry in areas where alcohol is consumed on-site (doesn't have to be a bar) you are required to have a carry permit, carry concealed, do not consume alcohol, and there can be no gun-buster signs. Other states like Missouri go further where permit less carry exists statewide, but if you do not have a permit you will be subject to city level bans on open carry as unlicensed open carry is not covered by the state's preemption statute.
What about restrictive states? Traveling between gun friendly states can be straightforward, but remember - when it comes to gun laws, crossing state lines is often like crossing a national boundary. Several states do not recognize permits of any kind from any state and confer no benefits to visitors. This is why it is extremely important to know what the laws are in the places you travel. You might find yourself facing a felony just for bringing a magazine that contains more than 10 rounds or for simply having a firearm in your possession. There is one piece of good news though: Federal law contains a special provision for traveling with firearms across state lines:
Under United States Code Title 18 Section 926A, any person who is legally able to possess a firearm may transport that firearm from a location where it was legally possessed to any location where it will be legally possessed if it is in a locked container and is separated from any ammunition. To ensure compliance, unload all firearms and magazines, store them in separate locked containers, and secure them in a locked compartment within the vehicle if possible. The condition has to be that you are going someplace where you can lawfully own your firearms and ammunition. So if you stop overnight, federal protection expires (there is reportedly a piece of legislation in the works to amend this little gotcha).
As someone who travels across state lines a few times a year, I typically do the following:
- Check if my permits are recognized
- Check limitations on where or how I can carry (open, concealed, vehicle carry, gun free zones, and trespass laws) with or without a permit
- Have someplace I can store my firearm and ammunition to be compliant with the federal protections above
- Check deadly force laws - namely if there is a duty to retreat
- If the regulations are particularly onerous (California), I typically just leave my firearms behind
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