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2nd Amendment Tag

Although Seattle's gun tax was supposed to bring in $300,000 to $500,000, it's brought in less than $200,000.  The money was supposed to be used to "study" gun violence and to somehow lower the cost to taxpayers for gun violence. It didn't turn out that way, and Seattle ended up forking out taxpayer money from the general fund for the "study."  Meanwhile, small business owners have shuttered their Seattle gun shops, causing employees to lose their jobs.  Furthermore, Seattle police report that gun violence has sharply increased.

Yesterday, Florida Governor Rick Scott signed into a law a modification to the state's self-defense immunity statute, according to Reuters and other news sources. The self-defense immunity, generally mis-identified by media as a "stand your ground" law, provides for criminal and civil immunity for a use of force that is determined to constitute lawful self-defense.

Yesterday morning, Bob Owens—a husband, a father, my friend, and a tireless defender of our Second Amendment rights—took his life. We are all diminished as a result. I don’t suppose we can ever really know what drives a person to make such a decision. Their pain must be unimaginable. Whatever the cause, Bob’s pain is past, and it is the rest of us who must continue. In particular, Bob leaves behind his parents, his wife, two daughters (17 and 9), and of much lesser concern the many hundreds of us who called him our friend. For myself, I choose to move forward by remembering all the tremendous good Bob brought to my life in particular and our broader gun culture in general. With respect to his family, I intend to participate in whatever efforts can be arranged to help them continue in the absence of their husband and father—more on that in a moment.

Some of you may be aware that the United States Concealed Carry Association (USCCA) has licensed my book, "The Law of Self Defense, 3rd Edition."  They've added their own cover, and a foreword by their CEO, Tim Schmidt, but otherwise it's the same book.  I'm also a member of USCCA's Legal Advisory Board (LAB). USCCA is currently offering "The Law of Self Defense" as part of a package with their own excellent book, "Concealed Carry and Home Defense Fundamentals" and several instructional DVDs at a very steep 50% discount.

I will never fully understand the irrational fear of inanimate objects that leads people to do things like this. A handful of instructors, mostly grad students, from the University of Texas are holding office hours in a bar after the state implemented campus carry laws. They're hoping gun-free zones will keep them safe. Under the Lone Star State's campus carry laws, only licensed concealed carry permit holders are legally allowed to pack heat on participating college campuses, and even then, only on certain parts of campus.

So, this happened: the 4th Circuit released an en banc decision involving a traffic stop in which a concealed carrier passenger was frisked by police, and much of the gun owning community lost its mind in a manner reminiscent of Rachel Maddow. The gist of much of the media coverage--particularly the coverage from the right--was the law abiding people who CCW have effectively been wholly stripped of their 4th Amendment rights.  Is there no Constitutional safe space for these poor folks? Given the histrionics, it's worth taking a look at the actual facts of the case (indeed, it's worth reading the entire decision, including the concurrence and dissent, so I've embedded that below). Before I begin, however, I feel that I ought to provide some context.  I, myself, routinely carry a concealed firearm for personal protection. You can read "routinely" to mean wherever and whenever lawful.  I've been doing so for my entire adult life.

A Texas grandmother named Rebbie Roberson was minding her business in her own home Sunday night when an uninvited intruder appeared. Luckily for Roberson, she was armed and ready. CNN reports:
Pistol-packing grandma turns tables on armed intruder Rebbie Roberson wasn't having it. A man wearing a mask and gloves was standing in her house after he broke in Sunday night. "When I started to get up, he was in here on me with a gun facing me right to my face," she told CNN affiliate KSLA.

For those of us in the gun rights and concealed carry community (and old enough to have been around) the 1990s was a pivotal decade. When it began, there were only 15 states that would issue concealed carry permits to private citizens based on objective criteria and just one that required no permit at all to carry concealed. In contrast an almost identical number (14) that would not issue such permits under any circumstances. In 1992 Bill Clinton was elected President, and working with a largely Democrat Congress he managed to pass the infamous “Assault Weapons Ban” that also limited magazine capacities to 10 rounds.