Entries in CHL (27)

Saturday
Mar172012

National Right to Carry Bill Introduced in Senate

This week (March 13), U.S. Senators Mark Begich (D-Alaska) and Joe Manchin (D-West Virginia) introduced S. 2188 , the National Right-to-Carry Reciprocity Act of 2012. The bill is the Senate companion to H. R. 822,which was approved by the U. S. House last November by a vote of 272-154.

This is a significant Bill because it was introduced by two Democrats.  Of course, it could be grandstanding in an election year.  We shall see soon enough.  Get out those new iPads and start sending emails!  S. 2188, like H.R. 822, would allow any person with a valid state-issued concealed firearm permit to carry a concealed handgun in any other state that issues concealed firearm permits, or that does not prohibit the carrying of concealed firearms for lawful purposes. A states laws governing where concealed handguns may be carried would apply within its borders.

Today 49 states either issue carry permits or otherwise authorize law-abiding people to carry firearms outside the home for self-defense. 41 states have fair shall issue permit systems that allow any law-abiding person to get a permit.

While carry permit laws are well established in America, permit reciprocity is less so. Only a quarter of the states recognize other states’ permits unconditionally, and over half the states do not recognize other states’ permits, or do so only if certain conditions are met.

Most of the 48 carry permit states have fair and reasonable permit issuance policies, and in those states such laws have worked as intended. Confounding the predictions of these laws liberal fascist opponents, Americans with carry permits are more law-abiding than the general public. For example, in Florida, the state that has issued the most permits, only 0.008% of 2.1 million permits have been revoked because of firearm crimes by permit holders.

Concealed carry permit holders dont want to lose their right to carry firearms, so they are the most law abiding citizens in the country.

Self-defense is a fundamental right. The U.S. constitution, the constitutions of 44 states, common law, and the laws of all states recognize the right to use arms in self-defense. RTC laws respect the right to self-defense by allowing individuals to carry firearms for protection. S. 2188 would strengthen this fundamental right. The Right to Bear Firearms is the most violated Civil Right in U.S. history.

Now is the time to get behind National Right to Carry.  Contact your Senators today and urge him to co-sponsor  S. 2188 and support our inalienable Second Amendment right to Keep and Bear Firearms.

Text from the Bill

IN GENERAL- An eligible individual carrying a concealed handgun in a State under this section shall be permitted to carry a handgun subject to the same conditions and limitations imposed by or under Federal or State law or the law of a political subdivision of a State, except as to eligibility to carry a concealed handgun, that apply to residents of the State or political subdivision who

(A) have a license or permit issued by the State or political subdivision to carry a concealed handgun; or

(B) if the State does not issue licenses or permits described in subparagraph (A), are not prohibited by the State from carrying a concealed handgun.

(2) IDENTIFICATION; LICENSE OR PERMIT- An eligible individual who is carrying a concealed handgun under this section shall carry

(A) a valid identification document containing a photograph of the individual; and

(B) a valid license or permit that

(i) is issued under the law of a State; and

(ii) permits the individual to carry a concealed firearm.

(b) Technical and Conforming Amendment- The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following:

926D. Reciprocity for the carrying of certain concealed firearms.

Effective Date- The amendments made by this section shall take effect 90 days after the date of enactment of this Act.

Tuesday
Mar062012

Second Amendment Victory in Colorado

Colorados Supreme Court ruled yesterday that the state law banning handguns on campus at the public colleges and universities is unlawful.

The seven-judge Colorado Supreme Court affirmed a lower court ruling that a policy banning handguns on campus for everyone but law enforcement officers conflicted with the states concealed carry law and therefore was illegal.

In 2008 three university of Colorado students filed suit after the chief of police at the University of Denver denied their request to carry a concealed weapon on campus, citing statewide policy.  The students alleged the policy conflicted not only with the states 2003 concealed carry act, but the state Constitution, which affirms the right to bear arms in self-defense.

Sensible people in a free country believe that citizens should be able to defend themselves against armed attackers.  The guns on campus issue gained prominence after a student at Virginia Tech killed 32 people in 2007.

The Second Amendment is the most violated civil right in U.S. history.  Unlike racial and religious discrimination, the government not the people, is the most egregious violator of the inalienable right of individuals to keep and bear arms.

Monday
Mar052012

Gun Talk Misinformation Concerning the GFSZA

Tom Greshams Gun Talk®, is the only nationally syndicated radio talk show about firearms, shooting and gun rights. There are many excellent podcasts on firearms, shooting and Second Amendment civil rights but Gun Talk® is in my opinion the most well known weekly firearms program in the United States. 

I regularly listen to Tom Greshams Gun Talk® and enjoy the show. Tom is an asset to the firearms community and a strong Second Amendment civil rights supporter.

Yesterday a gentleman from Texas called in about the the Gun Free School Zone Act ( GFSZA ).  The caller correctly stated that under federal law a resident of Texas with a valid Concealed Handgun License (CHL) was exempt from the 1,000 feet rule, while in Texas. The caller attempted to explain that over 30 states reciprocate Texas CHL and allow carry in their states but Texas CHL holders are not exempt from the provisions of carrying a firearm within 1,000 feet of a school in any state but their home state of Texas.

Gresham interrupted the caller to tell him that he was wrong.  Tom told the caller the State of Louisiana allowed Texas CHL holders to carry a concealed firearm on school property. Gresham then began to lecture the caller about the different gun laws in all the states  and reminded the caller not to make blanket statements because there so many different laws and exemptions in the 50 states and District of Columbia.

The caller was correct.  Tom may be right about the state of Lousiana gun free school zone law but hes wrong about GFSZA, which is a FEDERAL LAW enforced by the feds not the states.  If you were listening to Tom Greshams Gun Talk® yesterday and follow Toms advise, you will be in violation of the GFSZA and could be indicted, and if convicted, receive 5 years in prison and lose gun possession rights for life.

Reciprocity Agreements Between States Do Not Qualify as GFSZA Exception

Although the Federal GFSZA does provide an exception for an individual licensed to carry a firearm, this exception only applies in the State that physically issued the permit.  Forty-nine (49) States have provisions to issue concealed carry permits to citizens. Only the state of Illinois and the District of Columbia are in 100% violation of your inalienable right to bear arms, which is a civil right guaranteed by the Second Amendment. 

Most of these States also enter into reciprocity agreements with other States where each State agrees to recognize the others concealed carry permits, just as they recognize an out-of-state drivers license.  Because the Federal GFSZA requires the permit be issued by the State in which the school zone is in, it is effectively impossible for a permit holder to travel outside their State of issuance to a reciprocating State without violating the Federal GFSZA.

By the way, Off-duty LEOSA Qualified Police Officers are not exempt and can only legally carry in their home state, which qualified them for LEOSA.

The Law Enforcement Officers Safety Act (LEOSA) which was intended to give qualified law enforcement officers the protection of carrying nation-wide does not provide any exceptions to Federal Law.  Although the GFSZA does provide an exception for a law-enforcement officer performing their official duties, it does not provide any protection for an off-duty officer. An off-duty LEOSA qualified officer is in violation if he/she knowingly travels within one-thousand (1000) feet of any K-12 school while armed unless he has a valid carry license issued by the state, where he is violationg the 1,000 feet rule.

Keep in mind that GFSZA Prohibits Discharging Firearm in Self-Defense within the GFSZA with few exceptions.

Although the GFSZA allows a citizen to discharge a firearm on private property, it prohibits discharge on public property in the Gun Free Zones by anyone except on-duty law enforcement and school security.  A carry permit never exempts an individual from the GFSZA discharge restrictions, even in the State that physically issued it.

KNOW THE GFSZA!

The Gun Free School Zones Act states:

(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

(3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm—

(i) on private property not part of school grounds;

(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

(iv) by a law enforcement officer acting in his or her official capacity.

(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

Title 18 U.S.C. §921(25) The term “school zone” means— (A) in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school. (26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

Title 18 U.S.C Section 924(a) establishes the penalty for violating GFSZA:

Whoever violates the Act shall be fined not more than $5,000, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law.

Note: A conviction under the GFSZA will cause an individual to become a prohibited person under the Gun Control Act of 1968. This will bar them from legally owning firearms for the rest of their life.

Most states allow some form of unlicensed carry by law-abiding citizens. . The Federal GFSZA deters unlicensed carry by making it a federal crime for an unlicensed individual to travel into a Gun Free School Zone.   The large number of K-12 schools in developed areas makes it difficult for an individual to travel any distance without entering a Gun Free School Zone.

On July 21, 2011 US Representative Ron Paul introduced HR 2613. A Bill which would repeal the Federal Gun Free School Zones Act. The bill is currently in the House Judiciary Committee and has zero chance of being passed by Congress and signed by the current President.

Monday
Mar052012

South Dakota Passes Constitutional Concealed Carry Law

House Bill 1248, passed the South Dakota Legislature last Tuesday awaits Gov. Dennis Daugaard’s signature or veto.

If Gov. Daugaard signs the law, South Dakotans will bypass a layer of bureaucracy, including a background check and fee, before being able to carry a concealed weapon.

Anyone with a valid South Dakota driver’s license who isn’t disqualified from carrying a concealed weapon – including convicted felons, people with a “history of violence” and people with mental illness – will be able to carry a concealed weapon without the permit under the state law and the U.S. Constitution.

South Dakota law does not require permits to own guns, keep or bear them in a home or business or carry guns openly. However, the law currently requires that people have permits to carry concealed guns.

Permits still will be available for people who want one. Many other states recognize South Dakota concealed weapon permits as valid, and travelers would need a permit in order to carry concealed weapons those states. If the bill is signed into law, it would make South Dakota the fifth state to not require a concealed carry permit. Alaska, Arizona, Vermont and Wyoming don’t require permits to carry concealed weapons.

The bill won’t change where people are allowed to carry a weapon. It will still be against the law to possess a firearm inside a courthouse or to possess a loaded firearm while intoxicated.

Federal laws requiring background checks for people buying firearms remain.

Supporters say it is a matter of giving citizens their freedoms.

Sen. Larry Rhoden, R-Union Center, said there’s no reason to make South Dakotans get a concealed weapons permit as long as they have valid driver’s licenses and would meet the requirements for getting a concealed weapons permit. People have a constitutional right to bear arms, he said.

“I believe this simply restores some of the constitutional rights of the citizens of South Dakota, the law-abiding citizens,” said Sen. Larry Rhoden, R-Union Center.

Rhoden said constitutional rights trump any argument for leaving control with local law officials.

“When in doubt, give us our rights,” Rhoden said.

It is uncertain whether the Governor will sign the bill. Gov. Daugaard said Wednesday that he has yet to examine it closely. The governor is required by law to sign or veto the law two weeks after he receives it.

Friday
Mar022012

Sig Sauer Model 1911 Traditional .45 ACP Comes from the John Browning Colt

The Colt Model 1911 is the product of designer John Moses Browning, father of several modern firearms.

The 1911 .45 ACP pistol was designed to comply with the requirements of the U.S. Army, which, during its campaign in the Philippines, had seen its trusty .38 revolver to be incapable of stopping attackers. An Ordnance Board headed by Col. John T. Thompson (inventor of the Thompson sub-machine-gun) and Col. Louis A. La Garde, had reached the conclusion that the army needed a .45” caliber cartridge, to provide adequate stopping power.

In the mean time, J. Browning who was working for Colt, had already designed an auto loader pistol, around a cartridge similar to contemporary .38 Super (dimension-wise). When the Army announced its interest in a new handgun, Browning re-engineered this handgun to accommodate a .45” diameter cartridge of his own design (with a 230 gr. FMJ bullet), and submitted the pistol to the Army for evaluation.

In the selection process, which started at 1906 with firearms submitted by Colt, Luger, Savage, Knoble, Bergmann, White-Merrill and Smith & Wesson, Browning’s design was selected, together with the Savage design in 1907. However, the U.S. Army pressed for some service tests, which revealed that neither pistol (Colt’s or Savage’s) had reached the desired perfection. The Ordnance Department instituted a series of further tests and experiments, which eventually resulted in the appointment of a selection committee, in 1911.

On March 29th, 1911, the Browning-designed, Colt-produced .45 automatic pistol, was selected as the official sidearm of the Armed Forces of U.S.A., and named Model 1911.

In the 1980’s Colt introduced a new series of model 1911 pistols, with an additional safety device, namely a firing pin safety, which didn’t allow the pistol to fire if the trigger wasn’t pulled to the end of its travel. The guns produced there after, are called Colt “Series 80”.

During the nineties Colt announced their “Enhanced Series” of M-1911s, which were basically the Series 80 guns, with several modifications that most shooters would do on their pistols. Such modifications were a beaver tail grip safety, beveled magazine well, flared ejection port, and a cut underneath the rear of the trigger guard, which allowed the pistol to sit lower in one’s hand.

My daily carry personal defense handgun is a Glock model 36, .45 ACP pistol. I’ve never owned a model 1911 .45 pistol but recently I wanted one for home defense and to regularly shoot at the range.  After researching various 1911 model pistols for months, I’ve decided to purchase a Sig Sauer “traditional” 1911 which, is similar to the series 80 model 1911 with the Colt enhancements with the addition of low profile night sights.

Sig Sauer began producing their version of a 1911 pistol in 2003. Today Sig produces over 35 different 1911 style models ranging from .380 to .45 ACP. Last year, in honor of the 100th anniversary, Sig started producing “traditional” 1911 pistols with the rounded, thinner slides like the the original Colts.

Im buying a Sig Sauer Model 1911TR-45-TACOPS  through the Sig Sauer Individual Officer Program (IOP) . The IOP is the best first responder/law enforcement purchase program offered by any firearms manufacturer today. The IOP price on this model is $859 (suggested retail $1,213).

The SIG Traditional series comprises four models that all feature the recognizable round-top 1911 slide profile, forward cocking serrations and a lightweight, three-hole adjustable trigger and low profile SIGLITE Night Sights.

The Traditional Tac-Ops model features the recognizable “round-top” 1911 slide profile, black Nitron finish, Ambi safety, ERGO XT Grips, 4 eight round Magazines , and a M1913 rail. The pistol also has a match-grade barrel, flat mainspring housing and speed bump grip safety. Front straps have 25LPI checking and the mainspring housing has 20LPI for optimum grip and user comfort.

<—— Click for full size image

Because the gun is a traditional 1911, it will fit all 1911 holsters made for the Government model with a rail.  I will be attaching a SIG SAUER STL-900L Tactical Light & Laser for home protection.  The only handgun currently in the Wolf inventory that has a rail is my wife’s Ruger SR40c.

The SIG SAUER STL-900L Tactical Light & Laser high output LED provides a blinding white light, with a strobe function optimized for disorientation. The high intensity red laser works alone or in combination with the white light to provide pinpoint accuracy.  The STL-900L features a quick release latching system that can be operated with one hand and tightened for added security without the use of tools. The unit attaches to M1913 and similar rails.

There are many good Government (full size) Model 1911 pistols that are currently manufactured in the United States, including this model, which is made in New Hampshire.  I had narrowed my choice down this model and the Ruger SR1911.

The Ruger SR1911 is a highly sought after series 70 model.  Unfortunately they are almost impossible to find.  I contacted over a dozen dealers and none of them had received more than a couple last year which were sold on arrival.  Theyve received none this year. 

I also decided that I preferred the series 80, with the steel trigger block.  While Ive never dropped a handgun, Ive seen one dropped (at DFW airport by an agent who later became a DSAC!).  This wont be my primary concealed carry pistol but there will be times I carry it in my truck and even carry it concealed in an IWB holster. 

I understand that the series 80 trigger will be slightly different than the series 70.   Im not a competitive shooter. All things considered, a firing pin safety is best for me.  Im used to double action pistols and am confident that Ill be happy with the series 80 single action trigger. By the way, a Series 80 pistol can be retrograded to Series 70 specs by merely removing some parts and substituting Series 70 parts for others.

There is only one Sig IOP representative in the DFW area and he did not have a Model 1911TR-45-TACOPS in stock.  He ordered me one and Sig quotes all orders at 90-120 days which means nothing.  It could be here in a month or less.  Ive waited over 50 years to purchase a model 1911, a couple of more months doesnt matter to me.  Ill be writing about it after I take it to the range on the day I pick it up from the dealer.