Illinois CCW Educational Article

Thoughts and Considerations Before Your Defensive Encounter

July 10, 2014 | by Ben Findley

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How Would You Respond in a Defensive Encounter?

Like most of us, probably your answer to “How would you respond in a defensive encounter?” is “Who Knows!” We wonder if it is even possible to plan our specific response ahead of a defensive encounter and the use of deadly force. Should we even take the time to think about all the “what-if” scenarios of an attack? Be careful now with your quick reply to this. Of course, we all recognize that there are many unknown variables and possibilities when some criminal violently assaults or threatens us with deadly harm and that we cannot specifically nor adequately plan ahead our exact response and reactions. We have heard and read stories and testimonies, the law enforcement interviews, and heard some new or fellow shooters say if I am in a defensive encounter “I’m shooting to kill the dirt bag before he kills me.” Or “If he comes at me with a weapon, I’m not hesitating to take him out and will not “wing him.” Or, “I’m going to keep shooting to put him down for good; he started it and I’ll finish it.” While others have said “I’m shooting him in the arm or leg just to wound him.” Do they really believe this and will they actually respond this way in their own real encounter? Let’s examine this.

Well, the way this non-lawyer sees it is that any bullet that leaves your muzzle and hits someone, whether it is in their leg, or arm, or center chest, whether you wound or kill them, IS the use of deadly force. Just think about it. Even a shot to anyone’s leg only to wound them can cause them to bleed to death. I believe and have seen it happen that you will be arrested, at least initially, most of the time when you fire your weapon and injure or kill someone. Now this may be the initial action and it may be expunged from your record later, as evidence, facts, and testimony emerges. But the job of law enforcement is not to analyze evidence and DETERMINE the guilt or innocence of perpetrators. The judges and juries make that determination. Further, from what I’ve read, experienced, and researched in the criminal and civil court cases and decisions, it seems you can get in just as much trouble legally, or even more so, if you just wound someone.

I’m sure most of us have heard some of these classic phrases:

You shoot to neutralize the threat.

If the dirt bag is still standing you can keep shooting to eliminate the threat.

You shoot to kill, before the bad guy kills you.

You only shoot to stop the threat.

You shoot only to wound and not take the chance for excessive use of force; he may leave.

So what is a defender, a potential victim, to do? Well, first AVOID the encounter if you can and safely exit or leave, but also think through some things BEFORE the encounter. What mental preparation can you make before an actual encounter… to help stave off a prison term and strengthen your self-defense case? What fundamentals do you need to understand and implement? Of course, the specific facts of the situational encounter will make all the difference. Were you the aggressor? Was it an imminent threat? Were the elements of armed ability, opportunity and close proximity, and hostile action or words present? What about use of excessive force; does it even apply in self-defense? And that very important word “reasonable” enters into it.

Reasonable Doubt

We know that what is “reasonable” for one is not for another. What is “truth” for one is not for another. Judges and juries will decide what is reasonable for them at the time of the defensive encounter based on knowing what you the defender knew at the time of the deadly encounter, along with their own subjective interpretation of what is reasonable and the preponderance of evidence. One must understand that outcomes are uncontrollable to a large extent by you, even with righteous and legal intentions and existing evidence. Your life, your lifestyle and assets, and your career and financial future could very well be in jeopardy from your quick decision under stress to use deadly force. But, do you take a risk and NOT respond to a possible life-threatening criminal encounter with what you believe in a nanosecond is a borderline justifiable use of deadly force? This is a major, all-encompassing lifetime (and potentially devastating) decision for you… one way or the other. The most important decision of your life. So take some time to think about it before it happens.

So what about “beyond reasonable doubt?” In criminal proceedings, this standard to this non-attorney, is really about showing the proof that there is no plausible reason and no “real doubt” to believe otherwise… that you used deadly force appropriately. To this layman if there is a genuine doubt based upon reason and common sense after careful and impartial consideration of all evidence, or lack of evidence, then the level of proof probably has been met. Proof beyond reasonable doubt (to me a non-lawyer) means the existence of evidence of such a strong nature past moral certainty and beyond dispute that any reasonable alternative is even possible… that one would be willing to rely and act upon it without hesitation in one’s own situations. But to me, it does NOT mean absolute certainty and that no doubt exists about your proper use of deadly force. If the judge or juries have no doubts about your guilt or their doubts are unreasonable doubts, then your guilt beyond a reasonable doubt should exist and you the defendant probably will be pronounced guilty. After all, “facts” or truthful evidence are present and what is an acceptable truth varies greatly. Again, the subjective understanding, opinions, and interpretations by others significantly influence your critical defensive situation. The importance of this to all concealed carry license holders and justifiable defenders and possible victims is great and that is why I want to present it in my limited, non-lawyer way. I want really just to help you generally think about the considerations in advance before a defensive encounter, because I believe we want every possible advantage before a life-altering event.

To me, what follows below are the major considerations and guidelines for my pre-encounter thinking before a GENERAL defensive encounter. I want to save some time and anticipate some possibilities. Of course the laws, rules, interpretations, definitions, etc. vary so much by jurisdiction, so this is just a broad framework as part of the total picture. I hope it spurs you to think about what you believe and helps you pre-plan a general strategy that may save you from much grief and maybe jail time.

What guides YOU in a defensive situation? Remember I am a non-lawyer and I am NOT giving legal advice nor legal opinions, but offering some general education points to help you formulate your personal guidelines. After trying to first AVOID the situation, here are some general things that guide ME in a dangerous encounter.

1. Shoot ONLY to neutralize or STOP the threat and no more… NOT to KILL or ELIMINATE it.

2. Only use as much commensurate force as necessary to neutralize or stop the threat, e.g. non-deadly force for non-deadly attack or deadly force against deadly force.

3. Only continue to use appropriate force during the time the threat is imminent. If the aggressor turns and leaves, he is no longer the aggressor and the threat is not imminent. On the other hand, if you pursue the bad guy then as he is running away, there is a high probability that you will be viewed as the aggressor and be in legal trouble with a lot of uncertainty.

4. Shoot no more than is “reasonably” necessary to STOP the threat or you probably will go to jail.

5. Even though the law is specific, there is much subjective interpretation of what is “reasonable.” Do you want to gamble on the subjective outcome? Risk-Reward analysis and tradeoff. Rationality and not emotionality.

6. Remember that shooting to wound or to kill have BOTH been interpreted as the use of deadly force.

7. Shooting to wound may be evidence that you were NOT in fear of imminent death or great bodily harm to justify your use of deadly force, so you weren’t trying to “neutralize” the threat. Big trouble!

8. I keep asking myself “Is there any other option instead of shooting?” and “Do I really have to shoot in this situation?” It’s not that I am afraid, weak, have no power or confidence in my shooting abilities. I am not trying to prove anything, right all wrongs, or demonstrate my power, abilities, or manliness.

9. Is there really the possibility of excessive force in a self-defense situation? Some folks and lawyers think NOT. What about that one more shot fired that is not “necessary” and not “reasonable?” Is that not self defense then, but murder?

Because there are so many complex variables and options, we have to think about this in advance and try to narrow down our alternatives and responses in general before the 3 or 4 second encounter under stress. And not just the legal and life-or-death ramifications. One mental mistake of shooting to kill or just to wound and our whole life (and the lives of loved ones and others) is ruined. On the other hand, if we hesitate to shoot because we are so overly-concerned about legal outcomes, we may die. This can easily be a lose-lose result, rather than a win-win or win-lose one… either because of our quick reaction to shoot or our hesitation not to shoot. As Ollie said to Stanley “Well, here’s another nice mess you’ve got me into.”

http://www.usacarry.com/considerations-defensive-encounter/

Illinois Concealed Carry News

Concealed carry rules tough on out-of-state residents

18 hours, 34 minutes ago from sj-r.com

More than a year after Illinois passed a law allowing citizens to carry concealed firearms, the argument over a part of the Firearm Concealed Carry Act that makes it difficult for out-of-state residents to carry here is still smoldering.

Illinois law is unique in that it does not allow individuals from other states to carry firearms here even if they have a permit from their home state. Instead, non-residents who wish to carry concealed firearms in Illinois must get an Illinois permit.

But that’s not all. According to the Illinois State Police website, “only residents of states that have laws related to firearm ownership, possession and carrying that are substantially similar to the requirements to obtain a license (in Illinois) under the Firearm Concealed Carry Act are eligible.”

The site states that “substantially similar” means:

* The comparable state regulates who can carry firearms;

* Prohibits people who have involuntarily been placed in a mental health facility from carrying, or who have voluntarily placed themselves in such a facility within the last five years; and

* Reports both approved and denied applicants to nationwide databases.

ISP distributed a survey, most recently updated in May, to states to determine whether their laws meet that criteria and found that only four — Hawaii, New Mexico, South Carolina and Virginia — have similar enough rules to allow their citizens to apply for Illinois permits.

Additionally, non-residents applying for an Illinois permit, which is good for five years, must pay a $300 fee compared to the in-state applicant fee of $150.

Simply put, “It’s too complicated,” said state Rep. Brandon Phelps, a Harrisburg Democrat who helped steer the law through the General Assembly.

“We need to look a little more carefully at how we’re treating people from other states,” Phelps said. “A lot of those states have good standards. They should have been granted reciprocity in Illinois.”

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Firearms and Traveling

Traveling Safely and Legally with Guns and Ammo on Airlines

June 23, 2014 | by Ben Findley

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Traveling Safely and Legally with Guns and Ammo on Airlines

Well, my wife and I are getting ready to attend a Sig Sauer Academy handgun training course in New Hampshire and must fly from Florida into Boston, MA near the Academy. We are considering taking our own handguns and ammo with us for class and do everything safely, “by the book” legally, not lose our guns, and not take a lot of extra time. Even if we were not attending a training course but were traveling to a state that has reciprocity with our CCW License state, why not take our guns for “what if” situations?The Academy can loans us guns and sell us ammo, but we might use what we’re comfortable with and already have on hand. So, we decided to pre-plan as much as possible. We had several questions and there is information travelers with guns need to know. We made a long list of our questions, called TSA and United Airlines, and asked several questions of two very nice, patient, and knowledgeable agents. I want to share what I learned with you to help you and save you some aggravation if you fly with guns and ammo. Know that with limited exceptions for law enforcement officers (who may fly armed by meeting requirements of CFR 1544.219, Carriage of Accessible Weapons), all firearms, ammunition, and firearm parts may only be transported in checked baggage.

First, I went to the TSA website and got some good information, but a lot of it was general and did not address some specifics that I wanted answered. Also, I learned that these gun travel rules change FREQUENTLY, so check for current updates when you fly with guns. Also, there are certain limited exceptions for law enforcement officers. Here is the website address for you and some of the information I got there:

TSA: http://www.tsa.gov/traveler-information/firearms-and-ammunition

1. Travelers may only transport UNLOADED firearms in a locked, hard-sided container as checked baggage. All firearms, ammunition and firearm parts, including firearm frames, receivers, pepper spray, clips and magazines are prohibited in carry-on baggage. (I knew this.)

BB guns, pellet guns, replica guns, starter guns, flare guns, & parts of guns MUST also be checked.

Place your hard-sided case inside of your locked SUITCASE (with TSA-approved lock.) 

2. Realistic replicas of firearms are also prohibited in carry-on bags and must be packed in checked baggage. Rifle scopes are permitted in carry-on and checked bags. (I did not know this.)

3. In addition to TSA security rules on transporting firearms, airlines, as well as state, local and international governments have additional rules that may vary by location. (They DO vary a lot, especially by AIRLINES.) Please check with your airline and with states, cities, and countries you will be traveling to and from to become familiar with their requirements and ensure you are compliant with their laws.

Here are some Guidelines to help you in packing your firearms and ammo for travel:

ALL firearms MUST be DECLARED up front to the airline during the ticket counter check-in process. Each airlines has their own Form. (We are going to get the short Form early to complete to save time.)

TIP: Don’t slip and say “I have a gun” for obvious reasons. The Agent or you PLACE the DECLARATION FORM inside your luggage or GUN CASE (varies by airline) and LOCK everything up. YOU keep the key or combination.

The firearm MUST be UNLOADED including the MAGAZINE.

As defined by 49 CFR 1540.5 - “A loaded firearm means a firearm that has a live round of ammunition, or any component thereof, in the chamber or cylinder or in a magazine inserted in the firearm.”

The firearm MUST be in a HARD-SIDED container that is LOCKED, as required by Federal Regulation 49 CFR 1544.203. A locked container is defined as one that completely secures the firearm from being accessed. Locked cases that can be pulled open with little effort cannot be brought aboard the aircraft. I was told it can be the usual hard plastic gun case and that a combination lock or keyed padlock is acceptable for the gun case (does not have to be a TSA lock.) Travelers with firearms MUST sign the Form saying that the firearm(s) are checked as baggage, are unloaded, and packed in a hard-sided locked container. Then the Agent must also sign the Form.

Metal Lockable Box with Pistol, Holster and Signed Airlines Form

To the right is a Delta Airlines Form that my wife signed on the reverse side on her recent trip from San Francisco-Sacramento, CA to Pensacola, FL traveling with a firearm. She purchased a small metal lockable box by SentrySafe at Wal Mart for $12 that was plenty big to easily hold 2 handguns, magazines, etc. You can also pay much more and get a Pelican Storm Case or a GunVault Nano Vault. We also have used the small metal box to travel with ammo. It easily holds 10 boxes of 50 rounds each of 9mm ammo, with a total ammo weight of a little over 14 pounds. That weight means you would have to pay extra because you went over the usual airline 11 pound ammo weight limit each. So, you might want to travel with 7 or 8 boxes of ammo max to avoid extra charges. More about this below. I suggest taping your ammo boxes shut to prevent any accidental spillage.

The airlines are VERY SERIOUS about these requirements and will detain and delay you if any questions arise, especially if firearms are not properly Declared or packaged.

If a locked gun container alarms during screening and is not marked as containing a Declared firearm, TSA will cut the lock in order to resolve the alarm.

Travelers MUST securely PACK any ammunition in fiber (such as cardboard), wood, or metal boxes or other packaging specifically designed to carry small amounts of ammunition. I asked and was told that the ammo may be in any case designed to hold ammo, like my plastic ammo cans that hold bulk ammo.

Firearm magazines and ammunition clips, whether loaded or empty, MUST be securely boxed or included within a hard-sided case containing an unloaded firearm.

Small arms ammunition, including ammunition not exceeding .75 caliber for a rifle or pistol and shotgun shells of any gauge, may be carried in the same hard-sided case as the firearm, as long as it follows the packing guidelines described above. Realize that while TSA regulations DO allow ammo to be packed in the same locked container as the unloaded firearm, NOT all airlines allow this.

TSA prohibits black powder or percussion caps used with black-powder.

Rifle scopes are not prohibited in carry-on bags and do not need to be in the hard-sided, locked checked bag.

After digesting all of these “MUST” requirements online, I still had questions so I called the TSA at 1-866-289-9673. The TSA agent was very friendly and repeated the above information and gave me some other information.

He told me there are NO TSA fees associated with bringing a firearm on an airline. He told me you can have at least 2 pistols in your checked luggage if inside a hard-case locked container for guns. If any more are desired, he said check with the airline. He said there are no TSA Declaration Forms, but each Airlines has its own form and they are different. Mainly, he said that EACH PERSON with a gun MUST complete one initially and DECLARE their guns to the ticket agent. He said the ammo AND guns can be packed together in a gun case or separately, but just NOT inside the mag or chamber and the ammo must be packed solidly in a suitable container made for ammo. He recommended NOT having the empty mag inside the magwell like it’s ready to fire, because they will treat it as if it is loaded and probably will further inspect and delay you. He said the mags can be in the same gun case as the firearm. He said there are NO TSA limits on the amount of ammo you may bring, but that individual airlines DO have ammo weight limits that vary. A firearm in a locked HARD-sided container may be placed inside SOFT-sided luggage. My wife just did that on her recent trip from Sacramento, CA to Pensacola, FL with Delta Airlines without problems. She had another option of placing her firearm DIRECTLY inside her locked, HARD-sided luggage WITHOUT it being encased in a separate locked container. Again, check with your airline.

With that in mind, I visited the United Airlines’ website and the firearms section at:

http://www.united.com/web/en-US/content/travel/baggage/sports.aspx. Then, I called United Airlines at 1-800-241-6522 to verify the same information the TSA agent told me and to learn United’s requirements and limitations. United Airlines limits you to 11 pounds of ammo EACH. The agent said the number of rounds of ammo is not a problem, but the weight of the ammo is. If you go over the 50 pound limit on a checked bag, the extra fee is $100 up to 70 pounds, then higher. So, I weighed my ammo (different brands) and here is what I found (approximately):

1 box of 50 9mm ammo = 1.45 pounds

2 boxes of 50 9mm ammo = 3.05 pounds

5 boxes of 50 9mm ammo = 8.00 pounds

10 boxes of 50 9mm ammo = 15.10 pounds

It is required that we each bring a minimum of 250 rounds (5 boxes) for our training course, so with the United 11 pound ammo limit EACH we are fine, according to the United Airlines agent. But, we have to consider the weight of the 3 mags for each of us, speed loaders, hearing protection muffs, range bag, range clothing, and other necessary equipment, etc. Just know we will go over the weight restrictions and have to pay more for the added weight. So it goes. Also, the agent told me NO Curbside Check-In of firearms is permitted and firearms are accepted only from a paying customer who is 18 years of age or older. She told me the slide does NOT have to be locked open nor have a safety flag in it. The agent said that I probably would be escorted to a private area/room and be present when the Agent opens my gun case to inspect it with my key or combination. Then the Agent will return the key to me. This will take an extra 30-45 minutes, so she recommended that we arrive even earlier than the hour prior for this process.

I must mention that someone from the Academy mentioned that some of the northern states are more strict than others about handling and dealing with shipment of firearms and those who travel with firearms…. that I should be prepared for this and possible delay. Some even suggested that I NOT bring my own guns and ammo to the training because of the extra time and hassel involved. For example, the NRA Institute for Legislative Action (ILA) has issued a special advisory for New York and New Jersey airports. Authorities at JFK, La Guardia, Newark, and Albany airports have been known to enforce state and local firearms laws against airline travelers who are passing through the jurisdiction, despite federal law that protects travelers. I have heard from some that even persons traveling in full compliance with federal law have been arrested or threatened with arrest, but litigation is ongoing. So travelers should strictly comply with the Firearm Owners Protection Act (FOPA) for their “Safe Passage” and check laws and regulations at your destination before traveling. “I didn’t know it was illegal” will NOT work.

I suppose we could ship our guns and ammo ahead there, but still might be more time, cost, and trouble. I do fully support the intent of the strict policies, guidelines, and rules and will comply without hesitation. The minor inconvenience is a small price to pay for the major benefit, priority, and overall goal of protecting ourselves and diverting any possible trouble from weirdos or terrorists. Something to think about for all of us. Some final tips: If you can avoid it, do NOT fly with high-value firearms; write down the serial numbers of firearms you are transporting and keep the list separately with you; check the airline’s firearms insurance policy (usually very limited) regarding theft, damage, and replacement ; and check your luggage with the firearm inside immediately upon arrival at your destination; and report missing or stolen luggage with firearms inside immediately.

Hope this helps you and remember to double check this information as it changes frequently, by jurisdiction, and by airline.

http://www.usacarry.com/traveling-safely-legally-guns-ammo-airlines/

Conceal Carry Educational Article

Concealed Pocket Carry

Posted on July 8, 2013

We previously discussed three areas to carry concealed during the summer months – in-waistband, pocket carry, and off-body. We would like to spend a little more time with pocket carry, as there are important tips to keep in mind if you choose this location. If pocket carry is not your preferred carry location, some of these tips are applicable to other carry locations.

The first consideration you need to make is which gun to use for pocket carry. There are three essential criteria the gun needs to meet:

1 – Small enough to easily fit into the pocket

2 – Light enough to carry comfortably and not cause significant sagging of clothing

3 – Have enough firepower to be an effective defense against attackers

As more Americans choose to protect themselves with concealed carry, more manufacturers have stepped up to fill the niche of compact and subcompact firearms. It really is a buyer’s market for small, lightweight guns for concealed carry. Visit your local gun store and handle as many guns as you can. Your gun needs to be comfortable for you, not the shop’s balance sheet.

While you are selecting the perfect gun, take the time to pick out the perfect holster to go with it. You should never carry your gun inside a pocket without it being properly holstered. A holster serves two main purposes for pocket carry: protect the firearm and prevent the gun from ‘printing’ through your clothes, alerting others that you are carrying. A quality holster will fit your gun snugly, and will cover the gun after it is drawn from your pocket.

Remember to keep only your holstered gun inside your pocket. Keys or cell phones can jostle themselves into a position that prevents an easy and smooth draw should the need arise. Other items inside the pocket can also cause the grip of your gun to print through your pocket, defeating the purpose of concealed carry.

Finally, as with all things gun related: practice, practice, practice. Practice walking around with your holstered gun in pocket so you are comfortable and do not give any indications that you are carrying before you go into public. Practice drawing your gun so the movement is smooth and natural. If your local gun range allows, practice drawing your gun from the pocket and firing at targets from different distances. Should the need arise, you do not want to be fumbling for your gun – seconds saves lives.

If you have not already done so, get certified now in gun safety to begin the process of carrying concealed. If you already have a permit, be sure to forward this message onto your friends and family, so they can begin protecting themselves as well.

2nd Amendment -the real meaning

9 Things You Didn't Know About the Second Amendment

1. The Second Amendment codifies a pre-existing right

The Constitution doesn't grant or create rights; it recognizes and protects rights that inherently exist. This is why the Founders used the word "unalienable" previously in the Declaration of Independence; these rights cannot be created or taken away. In D.C. vs. Heller, the Supreme Court said the Second Amendment “codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed ... this is not a right granted by the Constitution” (p. 19).

2. The Second Amendment protects individual, not collective rights

The use of the word "militia" has created some confusion in modern times, because we don't understand the language as it was used at the time the Constitution was written. However, the Supreme Court states in context, "it was clearly an individual right" (p. 20). The operative clause of the Second Amendment is “the right of the people to keep and bear arms shall not be infringed,” which is used three times in the Bill of Rights. The Court explains that "All three of these instances unambiguously refer to individual rights, not 'collective' rights, or rights that may be exercised only through participation in some corporate body" (p. 5), adding “nowhere else in the Constitution does a 'right' attributed to “the people” refer to anything other than an individual right" (p. 6).


3. Every citizen is the militia

To further clarify regarding the use of the word "militia," the court states “the ordinary definition of the militia as all able-bodied men” (p. 23). Today we would say it is all citizens, not necessarily just men. The Court explains: “'Keep arms' was simply a common way of referring to possessing arms, for militiamen and everyone else" (p. 9). Since the militia is all of us, it doesn't mean “only carrying a weapon in an organized military unit" (p. 11-12). “It was clearly an individual right, having nothing whatever to do with service in a militia" (p. 20).


4. Personal self-defense is the primary purpose of the Second Amendment

We often hear politicians talk about their strong commitment to the Second Amendment while simultaneously mentioning hunting. Although hunting is a legitimate purpose for firearms, it isn't the primary purpose for the Second Amendment. The Court states “the core lawful purpose [is] self-defense” (p. 58), explaining the Founders “understood the right to enable individuals to defend themselves ... the 'right of self-preservation' as permitting a citizen to 'repe[l] force by force' when 'the intervention of society in his behalf, may be too late to prevent an injury' (p.21). They conclude "the inherent right of self-defense has been central to the Second Amendment right" (p.56).


5. There is no interest-balancing approach to the Second Amendment

  
Interest-balancing means we balance a right with other interests. The court notes that we don't interpret rights this way stating “we know of no other enumerated constitutional right whose core protection has been subjected to a freestanding “interest-balancing” approach. The very enumeration of the right takes out of the hands of government the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all” (p.62-63). This doesn't mean that it is unlimited, the same as all rights (more on that below). However, the court states that even though gun violence is a problem to be taken seriously, “the enshrinement of constitutional rights necessarily takes certain policy choices off the table" (p.64).


6. The Second Amendment exists to prevent tyranny

  
You've probably heard this. It's listed because this is one of those things about the Second Amendment that many people think is made up. In truth, this is not made up. The Court explains that in order to keep the nation free (“security of a free state”), then the people need arms: “When the able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny" (p.24-25). The Court states that the Founders noted "that history showed that the way tyrants had eliminated a militia consisting of all the able bodied men was not by banning the militia but simply by taking away the people’s arms, enabling a select militia or standing army to suppress political opponents" (p. 25). At the time of ratification, there was real fear that government could become oppressive: “during the 1788 ratification debates, the fear that the federal government would disarm the people in order to impose rule through a standing army or select militia was pervasive" (p.25). The response to that concern was to codify the citizens' militia right to arms in the Constitution (p. 26).


7. The Second Amendment was also meant as a provision to repel a foreign army invasion

You may find this one comical, but it's in there. The court notes one of many reasons for the militia to ensure a free state was “it is useful in repelling invasions” (p.24). This provision, like tyranny, isn't an everyday occurring use of the right; more like a once-in-a-century (if that) kind of provision. A popular mythfrom World War II holds Isoroku Yamamoto, commander-in-chief of the Imperial Japanese navy allegedly said “You cannot invade the mainland United States. There would be a rifle behind every blade of grass.” Although there is no evidence of him saying this, there was concern that Japan might invade during WWII. Japan did invade Alaska, which was a U.S. territory at the time, and even today on the West Coast there are still gun embankments from the era (now mostly parks). The fact is that there are over 310 million firearms in the United States as of 2009, making a foreign invasion success less likely (that, and the U.S. military is arguably the strongest in the world).


8. The Second Amendment protects weapons "in common use at the time"

The right to keep and bear arms isn't unlimited: “Like most rights, the right secured by the Second Amendment is not unlimited” (p. 54). The Court upheld restrictions like the prohibition of arms by felons and the mentally ill, and carrying in certain prohibited places like schools and courthouses. What is protected are weapons "in common use of the time" (p.55). This doesn't mean weapons in common use “at that time,” meaning the 18th Century. The Court said the idea that it would is “frivolous” and that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding" (p.8). The Court's criteria includes weapons in popular widespread use “that [are] overwhelmingly chosen by American society" (p. 56), and “the most popular weapon chosen by Americans” (p. 58).


9. The Second Amendment might require full-blown military arms to fulfill the original intent

 

The Court didn't rule specifically on this inD.C. vs. Heller, but noting that weapon technology has drastically changed (mentioning modern day bombers and tanks), they stated “the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty. It may well be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large" (p. 55).

They further added that “the fact that modern developments [in modern weaponry] have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right" (p. 56). A full ruling has not been made, as this was not in the scope the court was asked to rule on in the D.C. vs. Heller case, but they left the door open for future ruling.

By Matt MacBradaigh. Matt is a Christian, Husband, Father, Patriot, and Conservative from the Pacific Northwest. Matt writes about the Second Amendment, Gun Control, Gun Rights, and Gun Policy issues and is published on The Bell Towers, The Brenner Brief and PolicyMic. 

Concealed Carry News

'How dare these law abiding citizens defend themselves!' - Gun control nuts

Detroit Police Chief says private gun ownership is lowering crime rates.

By Robert Laurie  July 17, 2014 | Comments| Print friendly | Subscribe

1

Back in March, we told you about Detroit Police Chief James Craig.  Craig made waves by suggesting that “empowered,” law-abiding gun owners were the key to slowing his city’s astronomical crime rate.

Back then, Craig said:

“People who are faced with a dangerous situation are taking matters into their own hands. We’re not advocating violence; we’re advocates of not being victims. We’re advocates of self-protection. We want people to be safe.

  “This should be a message to those who continue to perpetuate violence on Detroiters that enough is enough. You’ve got to be concerned about good Detroiters who aren’t going to stand for it. Detroiters are fed up and they are taking action.”

Now, Craig is back in the news.  This time he’s claiming that private gun ownership has, in fact, led to lower crime rates in Detroit.

From the Detroit News:

“Detroit has experienced 37 percent fewer robberies in 2014 than during the same period last year, 22 percent fewer break-ins of businesses and homes, and 30 percent fewer carjackings.

  ...Criminals are getting the message that good Detroiters are armed and will use that weapon. I don’t want to take away from the good work our investigators are doing, but I think part of the drop in crime, and robberies in particular, is because criminals are thinking twice that citizens could be armed.

  I can’t say what specific percentage is caused by this, but there’s no question in my mind it has had an effect.”

Detroit’s crime rate is still disastrously high, but it is dropping. Of course, don’t waste your breath telling any of this to the anti-2nd Amendment nutjobs.  They’re still running around, yapping about how gun control works.

“Our position is, more guns equals more crime,” Horwitz said “These are complicated issues, but the empirical evidence shows the states with the lowest gun ownership and the tightest restrictions have the fewest instances of gun violence.”

That must be why things are going so well in Chicago, where they have very strict gun laws, and “only” 82 shootings with 14 fatalities over the 4th of July weekend.  Clearly, tighter regulation is keeping everyone safe in the Windy City.

Let’s have a round of applause for Detroit’s Police Chief.  He’s figured out what every law-abiding gun owner has known for decades. It’s better to be able to defend yourself than to sit around waiting to be a victim.  If criminals know that they could be heading into a hornet’s nest, they may just reconsider their plans.

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Conceal Carry Educational Article

Top 10 Concealed Carry Mistakes And How To Avoid Them.

January 21, 2014   Firearms & Explosives,Preparatory Training And Measures, Videos, Weapon-Tech   2 Comments

In this video Michael Martin, author of Concealed Carry and Home Defense, and Tim Schmidt, aka Tactical Tim and president and founder of the USCCA, speak to users about the top ten concealed carry mistakes, don’ts and blunders which many responsibly armed Americans can often find themselves falling into.

This quick and easy concealed carry video could be the difference between life and death, being in jail or the ability to walk away a free citizen. The United States Concealed Carry Association is the number one resource for the responsibly armed American to educate, train, equip, and insure themselves to carry a weapon in self-defense.

The full list of the top ten mistakes is:

1. Selecting the Wrong Firearm for You.
2. Making a Personal Protection Plan Only About Firearms Training and Not About Conflict Avoidance and Situational Awareness.
3. Finding the Right Gun but the Wrong Holster.
4. Believing You’ve Ever Had Enough Training.
5. Doing the Wrong Kind of Training.
6. Not Preparing for the Legal and Financial Aftermath of a Self Defense Shooting.
7. Not Testing Your Self Defense Ammo.
8. Not Building Consistency into Your Carry Practices.
9. Not Properly Maintaining Your Carry Gun and Ammunition.
10. Not Understanding Your State’s Laws or the Laws of States You Might Visit.

Illinois Conceal Carry News Update

Concealed carry applicants to get more information about rejections

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ALEX GARCIA, CHICAGO TRIBUNE

Former Air Force reservist Michael Thomas says he doesn't know why a special review board denied his application for a concealed carry license.

By Kim Geiger and Dahleen Glanton, Tribune reporters

7:43 am, July 15, 2014

Citing a flood of lawsuits from applicants who were denied concealed carry permits because of objections from local law enforcement that were shrouded in secrecy, the Illinois State Police announced Monday that it will require a state review board to give more information about why applications are rejected.

The amendments direct the board to notify an applicant if their application is likely to be denied, giving them an opportunity to refute the objection.

The new rules, filed Thursday as emergency amendments and distributed publicly on Monday, are already in effect, according to the state police.

Under the previous system, the seven-member Concealed Carry Licensing Review Board met behind closed doors to consider objections raised by local officials, including an individual's arrest record or other run-ins with police that did not result in criminal convictions. If the board sustained an objection, the applicant was notified by mail that their application had been denied, without any explanation as to why. Applicants were told that their only recourse was to take the matter to court, and more than 200 denied applicants sued.

The new rules were put in place less than a week after a Tribune report detailed the issue. State police spokeswoman Monique Bond said the board and the attorney general's office “have been working on these rules for some time.”

Under the new rules, the board is required to notify an applicant if there is a credible objection to his or her application, give the basis of the objection and identify the agency that brought it. The applicant will have 10 days to respond.

The board's hearings will be recorded and applicants can get hearing transcripts. Commissioners' deliberations, however, will remain exempt from the Open Meetings Act and the Freedom of Information Act. Denied applicants can still take the matter to court.

“Our work as a Board continues to evolve,” said CCLRB Chairperson Robinzina Bryant. “We believe that these emergency rules will provide a more defined framework on processes and procedures that impact applicants and the public.”

The review board was created as part of the state's concealed carry statute, which was hastily cobbled together after a U.S. appellate court struck down the concealed carry ban in 2012.

“There have been several fixes proposed before, but those fixes didn't get anywhere. We have to wait and see how this plays out,” said Richard Pearson, executive director of the Illinois State Rifle Association, which is a plaintiff in a federal lawsuit backed by the National Rifle Association. “Some people want to hold people to the fire forever when they've done something improper in their life. If you are not convicted of a crime, then you are innocent. You have to use that standard.”

Others said they were skeptical of the new rules.

“They're trying to do whatever they can to cover themselves up,” said Michael Thomas, a concealed carry applicant and former Air Force reservist who said he has a clean record. His denial and lawsuit were described in a Tribune report. He said he doubts that the changes would help him.

David Thompson, the Washington, D.C. attorney who filed two lawsuits backed by the NRA, said it's unclear if the cases will proceed.

“These new rules are an acknowledgement that the current system is fundamentally, broken, unfair and illegal,” said Thompson, but the rules don't specify if they will apply to currently denied applicants.

Among Thompson's concerns, he said, is the short period of time —10 days—that applicants have to gather rebuttal evidence.

J.D. Obenberger, a lawyer representing some of the denied applicants, said the rules fall short of fixing the board's most serious problems: The heavy representation of law enforcement and the leeway that the board has to consider information beyond applicants' criminal record.

“Whether any applicant gets a hearing is totally by the discretion of a board that is dominated by law enforcement,” Obenberger said. “They assume that every arrest is going to be a good arrest..And that's not true.”

kgeiger@tribune.com

dglanton@tribune.com