Posts Tagged ‘gunlaws.com’

Obama Executive Order Cannot Legally Enact Rifle-Reporting Law

July 14, 2011

Effort to Bypass Congress Is Illegitimate, Experts Say

Similar Laws Have Required Bills, Open Debate, Recorded Votes

News Media Asleep at the Wheel, Reporting Without Questioning

Firearm Owners Protection Act Bans Such Proposals Altogether

Congress Already Rejected Reporting for Long Guns

If this stands up, limits on power fall apart — Is that the true goal of Project Gunrunner?

The effort by the Obama administration to establish new gun law by executive order is not a legal method for enacting law in the United States, according to Alan Korwin, a national expert on gun law and author of nine books on the subject. Other experts agree that such a measure requires an act of Congress, and cannot legitimately be implemented by executive order, as Mr. Obama is attempting to do.

“We already have rapid-reporting requirements for multiple firearm sales, for handguns,” Mr. Korwin notes, “and this required Congress to draft and enact a statute, which became federal law 18 U.S.C. §923(g). It’s not legal to create another similar law for long guns without Congress,” Korwin says.

When that law was changed to allow reporting of multiple handgun sales to local authorities, in addition to federal officials, that also required federal law, which was passed as part of the Brady bill. Congress had an opportunity to include long guns in those reporting requirements, and rejected it. Congress is the only entity with legitimate power to change that, Korwin and other experts say.

According to knowledgeable observers, a firearms bill like this would not make it through Congress, since the House is firmly in pro-gun-rights Republican hands. This may explain Obama’s effort to sidestep Congress and attempt to enact a gun law by decree instead of due process and open
transparent deliberation. “Mr. Obama knows such a bill would have no chance of passage in the current Congress. His attempt to avoid Congress is an affront to all Americans, regardless of where they stand on the gun-rights issue,” said Larry Pratt, executive director of Gun Owners of America. “Apparently the president is a fan of former Clinton advisor Paul Begala’s approach to government: “Stroke of the pen, law of the land. Kinda cool!”

A president who attempts to pass laws on his own is dangerous to the nation.

“If the administration can get away with this and enact new law without Congress, there is no practical limit on presidential exercise of power, a truly frightening development,” says Philip Van Cleave, a civil-rights activist and president of the Virginia Citizens Defense League. “Even attempting to grab such power is a tyrannical act,” Van Cleave says.

No justification or rationale is known that would allow such action regarding rifle sales, when the essentially same law for handguns required a bill and proper passage. This goes even one step further than Obama’s federal health care law, which then Speaker of the House Nancy Pelosi said we would have to pass to learn what’s in it. That at least used Congress for an appearance of legitimacy, this bypasses Congress completely.

Equal treatment under the law would also be defeated by the move, since the attempt singles out dealers in only four states — California, Arizona, New Mexico and Texas. One gun dealer, who refused to be identified, pointed out that this will force Mexico’s deadly vicious drug cartels to make their illegal straw purchases in the other 46 states.

Nevada, Utah, Colorado and Oklahoma are the next closest states to the Mexican border, and could conceivably see an uptick in the sales Obama claims he is trying to thwart. Those states would be under no obligation to report multiple sales, though licensed dealers are typically vigilant and report sales that seem suspicious, if for no other reason than to protect their licenses to operate.

“The whole scheme is preposterous,” says Kim Grady, a board member and national coordinator for Second Amendment Sisters. “Federal agents were the ones smuggling guns into Mexico in the first place, to bolster the numbers Mr. Obama, Hillary Clinton and Eric Holder were loudly promoting to build support for more gun control — even after their numbers were exposed as false,” Ms. Grady notes. “The ATF-managed straw sales were repeatedly reported to ATF officials, who ignored the information. Now dealers will be required to do what they were already doing, to the rogue agency that ignored them? This has nothing to do with gun control, and everything to do with control.” If a new law is needed, Grady said, it’s one to imprison federal agents who cooperate in gun smuggling, not more paperwork for honest and conscientious licensed business people.

According to ATF, the new edict will generate 18,000 reports in a year. It is unknown where the staff and money to handle such a load will come from, or how the information will be used. FOPA specifically bans collecting this information in any sort of federal facility.

According to Charles Heller, the newly appointed executive director of Jews for the Preservation of Firearms Ownership, “The ultimate aim of all regulations like the one in this executive order, is to make it so difficult for private citizens to own and shoot a gun, that they no longer bother to do so. This is EXACTLY what the Declaration of Independence, whose anniversary we just celebrated, refers to as ‘sending forth agents to eat out our substance.'”

Heller notes that, “In the recent Gunrunner debacle, the Obama administration attempted to pad the statistics of ‘crime guns’ going to Mexico from the U.S. This is a violation of several U.S. laws, committed by law enforcement agents who failed to refuse illegal orders. The solution is simple and straightforward — disarm the agents and decertify the agency as a law enforcement organization. Remove their badges, and give them business cards like any other bureaucrats. Turn them from jack-boots into gumshoes.”

According to published reports, Obama promised action on gun restrictions to long-time anti-rights activist Sarah Brady, saying they would come “under the radar,” after he got things properly positioned. It defies imagination to suggest that Project Gunrunner, and the Fast and Furious smuggling crimes were just fronts that had nothing to do with padding the numbers, gun smuggling, or even building political support for gun control. “If that was just a smokescreen, all arranged so Mr. Obama could begin enacting gun law by decree instead of through Congress, now that would be one slick pre-planned political stratagem,” said author Korwin, adding, “I can’t believe he’s that clever, but it sure looks like he’s getting that result.”

The NRA has promised a lawsuit to fight the administration’s decree, about the only action short of impeachment that can be taken if a president acts outside the law. That case would be heard in federal courts, which operate under Obama’s Justice Dept. and AG Eric Holder, which have in the past mysteriously dismissed cases they did not like. Voter intimidation by a black panther in Philadelphia, for example, disappeared, even though the club-wielding perp was caught on videotape.

###

BACKGROUNDER

As early as Dec. 17, 2010, the National Shooting Sports Foundation reported that an effort was underway to create rifle-reporting requirements:

“An editorial in today’s Washington Post discussed the recent decision by ATF to require federally licensed firearms retailers along the Southwest border to report multiple sales, or other dispositions, of most semi-automatic rifles. Specifically this would impact semi-automatic rifles that are larger than .22 caliber, capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.

“Though the Post supports this ill-advised proposal, it did acknowledge the legitimacy surrounding one of industry’s objections:

“When reports of its plan surfaced, the administration came under immediate attack from the gun rights lobby. The National Shooting Sports Foundation, the firearms industry trade association, argued that the administration lacked the legal authority to demand data on rifles and shotguns. It has a point: While Congress authorized the ATF to collect information on handgun sales, it declined to extend the requirement to long guns. A court is likely to be asked to decide whether demand letters may be used to shake loose this information …”
http://www.nssfblog.com/atf-to-require-multiple-sales-reports-for-long-guns/

NSSF continues to oppose multiple sales reporting of semi-automatic rifles. Such reporting requirements will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement. Traffickers will go further underground, hiring more people to buy their firearms. This will make it much harder for retailers to identify and report suspicious behavior to law enforcement.
http://www.nssfblog.com/more-on-atf-multiple-sales-reporting/

NSSF would also like to remind all members of industry, sportsmen and gun owners to voice their concerns by doing the following:

1. — Call the Office of Management and Budget, Office of Information and Regulation Affairs, Department of Justice, Desk Officer at (202) 395-6466.

2. — E-mail Barbara A. Terrell, ATF, Firearms Industry Programs Branch at Barbara.Terrell@atf.gov

3. — Call your Senators and Representative: United States Capitol Switchboard: 202-224-3121

The NSSF reports that, “According to ATF, the average age of a firearm recovered in the United States is 11 years old. In Mexico it’s more than 14 years old. This demonstrates that criminals are not using new guns bought from retailers in the states.”

Congress, when it enacted multiple sales reporting for handguns, could have required multiple sales of long guns — it specifically chose not to.

The Washington Post reported on Dec. 17 of last year that, “The plan (to register rifles) by the Bureau of Alcohol, Tobacco, Firearms and Explosives revives a proposal that has languished at the Justice Department and in the Obama administration for several months, according to people with knowledge of the proposal… The idea of such a requirement is so controversial to many gun owners that administration officials proceeded cautiously for fear of provoking the National Rifle Association, sources said.”

The paper quoted Ted Novin, a spokesman for the National Shooting Sports Foundation, who noted the timing after the election and said, “This is an ill-considered proposal and one that ATF does not have the legal authority to unilaterally impose.”

The Post also quoted NRA chief lobbyist Chris Cox, “This administration does not have the guts to build a wall (on the border), but they do have the audacity to blame and register gun owners for Mexico’s problems,” Cox said. “NRA supports legitimate efforts to stop criminal activity, but we will not stand idle while our Second Amendment is sacrificed for politics.”

The original idea, says the Post, was to label the operation as an emergency, and have ATF issue a “demand letter” to 8,500 dealers in the four border states requiring the new reports to a centralized federal facility.

When the NRA got wind of the idea back then, it warned its four million members in a “grassroots alert” that the administration might try to go around Congress to get such a plan enacted as an executive order or rule.

“Emergency approval would last six months, after which the requirement would end unless other action were taken, the draft states,” according to the Post. That time is now up and Obama has seen fit to attempt to continue the operation, in defiance of law and with disregard for Congress.
http://tinyurl.com/6c37t97

From the Firearm Owners Protection Act 18 USC §926 Rules and regulations

“The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter…

(3)… No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act (1986) may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.”
This is a special report from The Uninvited Ombudsman, Alan Korwin, author of the Page Nine news media watchblog.
http://www.gunlaws.com/PageNineIndex.htm

Sign up for direct email reports yourself
http://www.gunlaws.com

We’ve added more than two dozen new books and DVDs to our line:
http://www.gunlaws.com/books19Newer.htm

“My Parents Open Carry”

“Surviving a Massacre, Rampage or Spree Shooting”

“Self Defense Laws of all 50 States”

“Bomb Jokes at Airports”

“After You Shoot: Your gun’s hot. The perp’s not. Now what?”

“America’s Godly Heritage”

Lots more, check it out
http://www.gunlaws.com/books19Newer.htm

Get our new full-color catalog absolutely FREE
http://www.gunlaws.com/catalog.htm

Alan Korwin
Bloomfield Press
“We publish the gun laws.”
4848 E. Cactus, #505-440
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(This is our address and info as of Jan. 1, 2007)

“Don’t be a spectator in the struggle to preserve freedom.”

“No one could make a greater mistake than he who did nothing because he could do only a little.”
–Edmund Burke

Public sentiment is everything. With public sentiment, nothing can fail. Without it, nothing can succeed. –Abraham Lincoln
============

Resources from Bloomfield Press:

If you want to help make a difference, take a look at my page on Tactics That Work:
http://www.gunlaws.com/Tactics%20That%20Work.htm

To see prior issues of my media watchblog, Page Nine:
http://www.gunlaws.com/PageNineIndex.htm

For researched info on News Media Bias:
http://www.gunlaws.com/NewsAccuracy.htm

See my latest papers, news, Updates and more:
http://www.gunlaws.com/newstuff.htm

To find a law anywhere in the country, use our widely acclaimed National Directory:
http://www.gunlaws.com/links/index.htm

You can check out our growing line of Specialty Books with DVDs for gun owners and supporters of freedom and plain-English guides to gun laws across the nation:
http://www.gunlaws.com/books.htm

And finally, for logical, common-sense, reasonable positions on gun issues, try my Position Papers:
http://www.gunlaws.com/updates.htm

The REAL Truth about the Tucson Shootings

January 26, 2011

The lamestream media told you:

Tucson shooting this, that, the other, more, still more, Tucson minutiae, speculation as news, guesswork, tangents, endless tongue clucking, microscopic views of anyone who knew anyone, savage attacks on fundamental civil rights.

The Uninvited Ombudsman notes however that:

News coverage of anything significant in the entire world was virtually blacked out by news media nationally for more than a week, as a determined effort to sensationalize an assassin’s actions took center stage and the entire media industry took part.

Any notion that all life is precious and people are equal was bluntly erased as more than 1,000 federal and state law enforcement officials launched into action over the relatively small number of killings. More murders occur in bad parts of major American cities on any given day, see maps here — http://www.gunlaws.com/GunshotDemographics.htm. But authorities there barely record or announce the details, let alone document the scene, seek motives or track down perpetrators. “All animals are equal, but some animals are more equal than others,” an allegorical pig was overheard saying.

Watching, reading or listening to “news” reports was virtually worthless after the first few minutes, as the same tripe was breathlessly repeated, often without any changes, and the same images of non-incident-related footage barraged the American public. Tiny new facts emerged slowly and entered the endless loops in print and broadcast reports. Speculation on the murderer’s intentions and mental state proceeded headlong with no basis in fact or substance of any kind, self-evident from the opinionated, vacuous and conflicting guesses. The murderer’s mental state and sanity are still completely unknown, but this hasn’t stopped pundits from punditizing.

Commentary failed to note that the standardized image of the murderer, prepared and released by officials and displayed for endless hours, was so distorted from the actual image of the perpetrator prior to the murders, that no human being would be able to pick him out of a lineup.

Efforts to convert an assassin into a champion for denial of fundamental civil rights was promptly taken up by the most leftist members of Congress, following former White House chief of staff Rahm Emanuel’s advice that no crisis should be wasted. Every old anti-rights bugaboo was dusted off and presented as if fresh and relevant. The attempts were a direct parallel to the 1960s racial civil-rights battles, where a single black criminal would be displayed incessantly to demean and disparage the entire black population, and keep them out of lunch counters and buses. The only true sign of insanity was a hopelessly impossible proposed 1,000-foot roaming gun-free zone to surround designated so-called important people.

The national disgrace of the coverage is being analyzed piecemeal by some organizations, but the barrage continues unabated, now three weeks after the event. Buried under the mismanaged news process is, for example, Mr. Obama’s support for a plan to create an “internet ecosystem,” where every user will need a government ID code to get online. It was announced the day after the shootings, just by coincidence.

 

This information supplied from the Page Nine No. 96 newsletter/blog from Gunlaws.com.

Check it out here at http://www.gunlaws.com/PageNineIndex.htm or their website above.

(Note: Highlighting/emphasis has been added to original document)

WARNING — Freedom To Carry Doesn’t Start Until July 29

June 27, 2010

Constitutional Carry (also called Freedom To Carry or Vermont-style carry) doesn’t begin until July 29, 2010. Terrible news reporting has given many people the mistaken impression that you no longer need a government permission slip to carry a sidearm discreetly. You will be arrested and convicted if you try that now and are found. You MUST wait until the law takes effect on the same day as SB 1070, the illegal-immigration bill (what the “news” media calls the harsh new controversial immigration law).

Arizona will be under an enormous spotlight at that time due to the effort to halt illegal immigration by law. If not for that bill, we would be under the spotlight for daring to let law-abiding citizens exercise the right to keep and bear arms without prior government permission and taxation (and multiple tests, applications, classes, fingerprints, criminal-database listings, approvals, plastic-coated permission slips and expiration dates).

That government version of “rights” dissolves on July 29, and the media insanity it would normally attract will be overlooked entirely as the pack media aims solely at efforts to halt the invasion the state faces at its southern border. Opponents call invasion resistance “racism,” because most of the invaders are of one recognizable race, a foolish idea when you think about it. All too often, people who charge racism are themselves the racists. Arizona has nothing to do with the millions who decided to invade our nation.

A confidential police source reveals that law-enforcement officials expect “Amateur Hour” when the new law takes effect, with bozos waving guns around and generally acting stupidly with their new-found rights. Prove them wrong. Act as responsibly with discreet carry as the state has been with open carry, in effect since statehood in 1912.

Note that the olden concealed-carry law, with all its baggage and costs, remains in full effect. You can still take the classes, get the permission slip, and use it for state-to-state reciprocity, shopping without a NICS background check (since you’re permanently monitored in the criminal databases), and eat in restaurants that serve alcohol, if the restaurant has posted no civil-rights-denial signs to keep your kind out, and you don’t drink while there.

Newcomers to discreet carry (the term “concealed” carry is a derogatory slap that implies something to hide and illicit behavior, and hence is disdained) should remember these–

Gun-safety rules for self defense:

1. If you ever shoot a person in self defense you must then defend yourself against execution for murder.

2. When you drop the hammer you are cashing in your life savings
for your lawyer’s retainer. Avoid this unless your life depends on it.

3. It’s always better to avoid a gunfight than to win one.

4. If innocent life doesn’t immediately depend on it, don’t shoot. And if it does, don’t miss.

5. If you draw, show or mention your gun in the wrong way or at the wrong time, you go to prison for a long time, after enormous hassle and your life savings are depleted.

Learn the rest — take an Arizona class.
And get The Arizona Gun Owner’s Guide
http://www.gunlaws.com/agog.htm
(includes an update on the new law.)

Second Amendment Decided Tomorrow

June 27, 2010

Time is up for the U.S. Supreme Court to issue its decision in the monumental gun-rights case, McDonald v. Chicago. The case basically asks the question, “Do the states have to obey the Second Amendment right of the people to keep and bear arms?” As originally written, the Bill of Rights was a limit on federal power only. However, under the 14th Amendment of 1868, the states were gradually brought under the control of the Bill of Rights, one small piece at a time, by Supreme Court decisions.

Chicago (and hence Illinois, along with many other localities around the nation) have basically thumbed their noses at the right to keep and bear, and hence this case to determine whether local governments can do that, or whether they are obligated to respect the rights, due process, privileges and immunities, and equal protection of all Americans. June 28 marks the end of the High Court’s season, and as expected, they’ve waited until the last day for this blockbuster. The decision will come sometime after 7 a.m. Arizona time (10 a.m. in D.C.). Pro-rights advocates are waiting to see the word “Reversed,” meaning the lower court ruling that says you have no rights is overturned, and the states are bound by 2A. Anti-rights advocates hope to see “Affirmed,” meaning Chicago can continue to deny the right to keep and bear arms to anyone in the city, as it sees fit.

A word of caution — “news” outlets will race to report on the decision, which past experience has shown will be highly inaccurate, replete with misunderstandings and bad characterizations, deliberate distortions (like, the world will end thanks to the decision), and blatant spin (we’re doomed, what is the Supreme Court doing to us, what about crime — whichever way the decision goes). They will likely get the headline right (affirmed or reversed) and summarize the unofficial non-binding summary (called the syllabus, published at the head of each case).

But keep in mind it will be impossible to read and comprehend the thick pages of legaleses that are the decision, when a well groomed talking head with little understanding of firearms policy or High Court procedure talks to you within five minutes of the decision coming out. See how they did this in words and pictures http://www.gunlaws.com/SCGC-HellerPhotos4.htm in the previous case, from my detailed account in Heller http://www.gunlaws.com/hc.htm. I will release a detailed evaluation and analysis of McDonald, after conferring with experts nationwide, after enough time to do the legwork. Watch for it.

Arizona Enacts “Constitutional Carry” for Firearms

April 17, 2010



PAGE NINE — No. 84 — SPECIAL

Arizona Enacts “Constitutional Carry” for Firearms

by Alan Korwin, Author
Gun Laws of America

Get yours:

http://www.gunlaws.com/books.htm

FOR IMMEDIATE RELEASE
Full contact info at end
April 16, 2010

Arizona Enacts “Constitutional Carry” For Firearms

“Freedom To Carry” may replace so-called “Right To Carry” nationally

by Alan Korwin, Publisher
Bloomfield Press
http://www.bloomfieldpress.com

PHOENIX With governor Jan Brewer’s signature on the new “Constitutional Carry” firearm law today, Arizona becomes a beacon state for the nation on the gun-rights issue.

Arizonans, who have been free to carry firearms openly since statehood in 1912, will now be free to carry discreetly as well, without permits or red tape. Low-crime Vermont has had this freedom intact since Colonial days. The permit system remains in place but will no longer be required for discreet carry.

Alaska enacted a Constitutional Carry law in 2003, and Texas passed a limited version for traveling in 2007. Montana has enjoyed this freedom since 1991 on 99.4% of its land (outside city limits). These states experienced no increase in crime or accidents from the expanded freedom to discreetly bear arms in public. However, numerous dire warnings of “blood in the streets” preceded those new laws, but proved false. A list of circulating myths about the law, also known as “Freedom To Carry,” appears at the end of this article.

Arizona’s extremely strict laws on criminal misuse of firearms are unaffected by the new public freedoms, although a penalty for criminals got tougher. New language now makes concealed carry in the commission of a serious crime a felony. This led to support of the bill from police around the state. Formerly, that offense was a misdemeanor.

The intrusive government “permit” system in Arizona, introduced in 1994 with paperwork, approvals, fingerprinting, criminal-database listings, required classes, two mandatory tests, taxation and expiration dates to exercise “rights” is still available, but is now optional. Enormous police resources that could be going directly toward reducing crime have instead been diverted by the program into registering, regulating and tracking the innocent. About 3% of the public have signed up for the plastic-coated permission slips, though an estimated 50% of the state’s population keeps and bears arms. Official sources acknowledge they get millions of dollars per year from the permit taxes called “fees.”

“This new law brings rights restoration for the public, and an increase in freedom for law-abiding people,” said Dave Kopp, a lobbyist for the Arizona Citizens Defense League that requested and promoted the new law. “The people have the same right to bear arms discreetly that they have to bear arms openly, we are simply correcting statute to reflect that. If your jacket accidentally covers your sidearm, that no longer exposes you to criminal penalties.” A woman will be able to put a handgun in her handbag, go about her business, and not be subject to arrest.

The key changes in the law were made by repealing the infringing language in A.R.S. §13-3102, not by enacting new rules. A number of other changes were made in SB 1108, the bill that carried the Constitutional Carry law, and these will be described in plain English and posted by gunlaws.com next week. The new law will become effective 90 days after the legislature closes, or approximately in July.

“Opportunities for firearms training and gun safety can increase tremendously with this new law”, said Alan Korwin, author of The Arizona Gun Owner’s Guide, the book that describes the state’s gun laws in plain English. “Instead of focusing on a tiny percentage of the market willing to submit to the permit system, smart trainers can now offer Freedom To Carry classes to the general public. We’re anticipating Family Days At The Range and Constitutional Carry classes to spring up statewide,” he said. Removal of the $60 tax for the permit represents a significant discount, he notes.

“We sold The Arizona Gun Owner’s Guide by the truckload for five years before there was any CCW law, and expect to do the same now, though permit holders did become and will remain a segment of our business,” Korwin said. The Guide is now in its 24th edition, and a free update will be released shortly. The book’s publisher, Scottsdale-based Bloomfield Press, is the largest publisher and distributor of gun-law books in the country. http://www.gunlaws.com

The permission-slip system is unaffected and offers some advantages to citizens. Other states recognize the Arizona permit under “reciprocity,” which allows permit holders to carry firearms when in those states (currently 23 according to the Dept. of Public Safety).

In addition, since permittees are constantly monitored through the criminal databases DPS registers them in, they can shop at retail for firearms without undergoing separate FBI background checks each time they make a purchase. Also, some people just get a sense of security by having a plastic government “authorization” card in their wallets, and they enjoy showing it to friends.

Another CCW-permit benefit is the ability to carry in restaurants that serve alcohol, as long as the restaurant itself doesn’t ban possession and the person doesn’t drink while there. Whether those various denials of rights will be eliminated in future legislation, making the general public equal to permission-slip holders, was unknown at press time.

Previously only people with government-permission cards in their possession could bear arms in certain parks. That ban was eliminated by a separate bill this year, which now makes permit holders and the general public equal.

According to MSNBC, some six million Americans have permits and carry discreetly. The fears of shootouts at stop lights, bullets for slow waiters and Wild West-style belligerence have been repeatedly proven false and dispelled as hoplophobic fantasies. Statistics have shown that crime uniformly drops when states reduce infringements on the right of law-abiding people to keep and bear arms. “Society is safer when criminals don’t know who’s armed,” according to the California-based civil rights group, crpa.org.

Sales of small easily carried sidearms and accessories are expected to increase with passage of the new law.

COMMON MYTHS ABOUT CONSTITUTIONAL CARRY

Q: Why is the CCW permit being eliminated?

A: The CCW permit is not being eliminated — that appears to have been misinformation designed to scuttle the bill. The permit system remains completely unaffected by Freedom To Carry. The permit, its advantages, the training, reciprocity schemes, the classes, fees and taxes are unchanged. That all remains voluntary as it always has been. Anyone who meets that law’s requirements can apply. Shame on the “news” media that has repeatedly said otherwise.

Q: What’s the difference between Constitutional Carry and Freedom To Carry?

A: There’s no difference, they’re just two names for the same thing. Constitutional Carry, the more formal term, comes from following the Arizona Constitution’s provision that “The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired…”. Freedom To Carry (no government interference with the right to arms) refers to the next step after so-called Right To Carry (massive government interference with the right to arms).

Q: If people can just carry guns, won’t crime and gun problems skyrocket?

A: Half of Arizonans keep and bear arms now, without any of the CCW red tape and government supervision, and without any “skyrocketing” problems. Removing the requirement to only carry openly doesn’t change who people are or how they act, it just restores their rights. Restoration of rights and becoming mentally unhinged are not related — but the same arguments have been made everywhere CCW programs passed.

It’s commonly recognized that some folks, especially people who lean left politically, do seem to equate discreetly bearing arms and becoming unglued. Decades of experience however provide no evidence of any such behavior. Those concerns have been repeatedly proven false and often turn out to be irrational fear mongering. Government permission slips for the exercise of rights have not turned people into homicidal maniacs. Restoring the right to discreetly bear arms will not change people into something they are not, and brings the state into proper compliance with its Constitution.

Q: Can anyone carry a gun?

A: Anyone who could legally carry a gun previously can legally carry under this law, no more, no less. “Prohibited possessors” — criminals, illegal aliens and others forbidden to carry arms remain banned as always. The main change is that now a woman can put a handgun in her handbag without being subject to arrest for carrying discreetly without a government permission slip (and a man has equal right to carry a gun in any discreet manner — under a sport coat or shirt, in a pocket or pants holster, fanny pack, attaché case, etc.)

Q: Training is a good thing, why was it eliminated?

A: Training is indeed a good thing and it is not eliminated. Anyone can and should take as much training as they want, which is voluntary. What has changed is that you are no longer forced to take government-mandated classes, registration and taxes before you can exercise your right to carry discreetly. This is the same formula working in Arizona since statehood for open carry (which includes concealed carry in your home, business, land, vehicle (with some minor conditions), and in a visible scabbard or case designed for carrying weapons, or in luggage. Now that the half of the public that bears arms can do so discreetly, many experts expect statewide gun training to flourish.

Q: Won’t people shoot each other if they’re not required to take the training?

A: Twelve states currently issue CCW permits without a training requirement and they’re doing just fine. Half of Arizonans exercise their right to arms without government-demanded training and they’re doing just fine. The idea that you’re only safe if government requires training is statist, foolish and incorrect. That said, responsible people should get education and training for firearms—and swimming, machine tools, medical care, raising children, being married, owning a home, preparing food, writing articles, etc., without government mandates.

If government could require training for everything that has risk, your freedom would be evaporated and your government would be out of line. Government has no legitimate delegated authority in this country to be your nanny like that, or to require anything beyond the specific, limited delegated powers given to it in the Constitution and subsequent valid legislation. The fact that government has in many cases abandoned those constraints is part of why the Tea Party movement has gained such ground and, in some cases, driven the public out into the streets with pitchforks (figuratively).

Currently, 11 states issue carry permits without training and they’re fine (AL, DE, GA, ID, IN, MD, MS, NH, PA, SD, WA). Because Arizona recognizes all other permits, many of our snowbirds have been carrying under those permits, without problems.

Q: Why are children of any age going to be allowed to carry guns to school?

A: That is total nonsense. No such thing occurs. The bill has no effect on children. That appears to be part of a misinformation campaign designed to scuttle the bill. There is no change as to who has the right to keep and bear arms. School grounds are unaffected by the law. That question is typical of similar lies and disinformation used to defeat and mislead the public about many good bills that seek to restore our civil rights. It’s almost as bad as the lies told about blacks during the civil rights era of the 1960s. Almost.

Q: Will other states imitate Arizona and enact Constitutional Carry?

A: Many people hope so, and it has the backing of the gun-rights groups.

AFTERWORD: INSIDER INFORMATION:

There is one reason and one reason only why this got done —
The Arizona Citizens Defense League.

That small handful of guys running this group, the two full-time volunteer lobbyists Dave Kopp and John Wentling, and the thousands of members who supported the effort with their tiny membership dues are exactly and precisely why our rights have expanded.

It was a deliberate, conscientious, focused and tireless effort from what must be a candidate for the best pro-rights organization in the nation. Get your friends to join, send a donation or buy a t-shirt or hat, attend the meetings, and in your little way, make a difference and preserve our rights. http://www.azcdl.org

One other tidbit — the NRA was rightfully nervous about this whole Freedom To Carry, permitless, no training, no red tape expansion of our rights. They dragged their feet at first, that’s putting it mildly, and I can’t say I blame them. An awful lot was on the line.

They wanted to be prudent. Limit exposure and risk. They have all their trainers to think about and that revenue stream. The chance of falling flat on your face in total embarrassment is a serious concern. The ease with which the antis might cast us as dangerous gun-toting (their media’s favorite slur) nuts is a real issue.

I personally debated hard with some of the top brass, and to their credit, they finally agreed not to fight the effort in Arizona, and eventually saw the light and got on board. Some gun owners like to pick on the NRA, but the NRA is going to be at the forefront of this battle. The Constitutional Carry issue does make sense, for them and for us. It will be a winner in some states, maybe yours, and does advance everything for which NRA members stand.

Yes, some of those members, steeped in darkness, or hooked on the government-permit feed trough, believe that red-tapeless carry is a bad idea. They crave government supervision. They want that permission slip in their wallet. They’ll learn, and come around. And continue to get fine training from NRA certified and other trainers because it’s the right thing to do, not because the government commands it. Appleseed is doing a phenomenal job in the training arena too, check them out while you’re at it. http://www.appleseedinfo.org

P.S. ORAL ARGUMENT ANALYZED

I have finally completed the long-awaited analysis of the oral arguments in the McDonald v. Chicago gun-ban case. Both attorneys took a whupping, but I think our rights came out on top. Justices showed their true colors (like Breyer comparing free speech to death by gun). It’s fascinating if you’re into this sort of thing, and way easier than plodding through the transcripts. Sorry it took so long.
http://www.gunlaws.com/McDonald_v_Chicago_Orals.htm

NOTE: On my website at last — The Woman’s Page
http://www.gunlaws.com/books15Women.htm

All our books, DVDs and other goods are listed here by category and alphabetically
http://www.gunlaws.com/books.htm

Contact Felicity Bower or
Alan Korwin
Bloomfield Press
“We publish the gun laws.”
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for free full-color catalog
(This is our address and info as of Jan. 1, 2007)

If you can read this, thank a teacher.
If you’re reading this in English, thank a veteran.

“No one could make a greater mistake than he who did nothing
because he could do only a little.”
–Edmund Burke

Note to my regular readers:

It’s pretty typical to frame news like this by saying: “Arizonans are now allowed to carry firearms discreetly without a permit” but that’s just not right. That implies someone or something has legitimate authority to “allow” you to exercise your rights. You should start watching that deceptive word “allow” very carefully.

This press release is carefully framed to say: “Arizonans are now free to carry firearms discreetly without a permit,” because this is the American truth of the matter. Also note the use of “discreetly,” which is a civilized norm, instead of the media’s preferred “concealed,” which implies you’re doing something wrong and have something to hide. For more on good word usage in the protection of freedom, see my Politically Corrected Glossary, http://www.gunlaws.com/politicallycorrect.htm.]

Arizonans have posted valuable observations on the bill; unfortunately I didn’t preserve attribution in all cases:

And, on that note, I will chime in.  12 states have no training requirements for CCW permits [he includes NY, which is true in some counties].  Two of those are Indiana and Pennsylvania which have issued about 1,000,000 permits, compared to Arizona’s miniscule 150,000.  A few years back, NRA supplied me with their permit holder misuse statistics and they were lower (yes, lower) than Arizona’s.  Imagine that.  Since Arizona recognizes all permits from all states, that means that many of our yearly snowbirds are legally carrying concealed weapons from states that don’t require training.

Very well said. If anyone thinks the minimum training received during a CCW class sends the student out prepared to deal with the responsibility associated with carrying or for that matter owning a firearm. They are sadly mistaken. There are some CCW holders who have never fired their firearm since the class. Yet there are non-permittees that shoot weekly. You can’t legislate common sense or morals. It’s all about the freedom to choose to do the right thing. Don’t get me wrong — all gun owners should train and practice regularly. But not because the state says they have to. -Michael B Wixom Sent from my Blackberry

You ask why we would not make training mandatory? My answer is that it is a choice between liberty and some (mis)perceived concept of ‘safety’ — and we all know Benjamin Franklin’s opinion on that.

‘Training’ — to whatever level or extent — should be a matter of individual accountability, not government coercion. If an individual fails to ‘understand’ his firearm, or the conditions and situations in which to deploy it, and winds up a statistic, I consider it another splash of chlorine in the shallow end of the gene pool — no matter how noble the act might have been, the lack of personal responsibility is separate from the context.

On a more ‘practical’ note, what the state giveth, the state may easily taketh away — with interest. Once ‘government’ is satisfied it can mandate ‘training requirements’, what may they mandate next? Caliber? Number? Days on which one may carry? Arbitrary and capricious ‘conditions’ that must be met?

Note that I strongly advocate the individual do all in his power to obtain the best instruction and ‘training’ possible, and practice to whatever extent practical — ‘the heaviest thing about carrying a firearm is the responsibility’ — not because there is any government ‘mandate’ beyond the barely adequate 8 hours, but because I have accepted the responsibility that comes with the choice to go armed. Tangentially, the willingness of more citizens to accept the philosophy of ‘personal accountability’ is the key to restoring the republic, another of my ‘personal interests’. -Duke Schecter

Alan Korwin
Bloomfield Press
“We publish the gun laws.”
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for our  f r e e full-color catalog

If you can read this, thank a teacher.
If you’re reading this in English, thank a veteran.

“No one could make a greater mistake than he who did nothing because he could do only a little.” –Edmund Burke

Guns Save Lives
Guns Stop Crime
Guns Are Why America Is Still F r e e


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