Home Rule and Concealed Carry

Go here to see something you won’t see very often: folks pissed at NRA for not compromising on a bill, namely, NRA wants a full concealed carry bill, with preemption, and state activists are pushing for a weaker bill subject to home rule.  I would encourage each side to understand where the other is coming from.  There’s no evil intent here, it’s an honest disagreement about how to move the ball forward.  That inevitable in any issue.

From NRA’s point of view, I can see why they don’t want a weaker bill.  Not all home rule charters are created equal.  See here for instance.  Illinois has one of the more liberal home rule provisions in the country.  Nebraska’s, by contrast, is considerably more limited.  Someone getting caught carrying violating a local carry ordinance in Omaha, for instance, has more legal options under Nebraska law than someone caught in Peoria does under Illinois law.  Ohio has a fairly strong home rule provision, but Ohio home rule does not permit home rule entities to restrict something which is explicitly authorized by state law.  The preemption law in Ohio was meant to address cities who banned semi-automatic firearms, which because not explicitly allowed under state law, could be restricted by Ohio home rule entities under the law.

Illinois home rule charter essentially allows “exercise any power and perform any function pertaining to its government and affairs.” which is remarkably broad.  There are limits though.  Home rule entities may not define felonies, and may not incur certain debts.  But Illinois home rule entities enjoy considerably more leeway than they do in other states.  That’s one thing for activists there to consider.  Many people are not tuned in to the activist community, and will not plugged in to which communities have which restrictions.  When those people get in trouble, they will look to groups like NRA, SAF, etc to get them out of trouble.  And it should be considered that NRA needs to serve all its members, including the ones who could potentially get in trouble by a hazardous concealed carry law.

But I do understand, from the point of view of people living in Illinois, the desire to get something passed.  It’s unlikely that concealed carry with full preemption is going to get the 3/5th majority needed to override home rule.  It could be possible to get preemption through the courts, but the courts are always a risky venture, and there may be concerns in regards to complicating the court cases that are currently making their way in the 7th Circuit.  We’re still a long way from having bearing of arms having any kind of constitutional protection.

I am sympathetic to the argument that passing something is better than nothing, but I’m also concerned with making sure something is the right thing.  Pennsylvania originally got concealed carry law in 1988 by initially exempting Philadelphia from the requirement to issue licenses.  They still had to recognize licenses from outside the city, but did not have to issue them to residents.  In 1996, the state forced the City of Philadelphia to begin issuing licenses on a shall-issue basis.  Philadelphia, as it always had, claimed home rule, but Pennsylvania’s home rule provision is weak, and it did not prevail with this argument.  A lot of states have passed weaker laws, then strengthened them.  It’s not a bad idea, per se.  But understand that there’s risks associated with doing so.  Just because the legislature makes a mess with a weaker law, doesn’t mean they will have any special interest in cleaning up the mess, especially when it’s gun owners who are the ones who have to live in the filth.

Drug Store Robberies

See this video from Seattle of a drug store robbery gone bad… for the robber.  The Pharmacist might want to take a training course or two though, as I would not approach an armed robber with the gun held one handed.  What if he hadn’t ran off? Not sure chasing after him was a wise move either, but protecting his store with a gun? Good on him.




What I really hate about this is how they say they are putting their customers at risk. Because we all know the ethical thing to do is to submit to armed robbers and give them what they want, and hope they don’t intend to make sure there are no witnesses.

Camp Perry Receives Federal Funds for Housing

It looks like Camp Perry received a decent chunk of change for some barracks for soldiers and shooters at the NRA matches.

State Representative Dennis Murray revealed funds that were allocated to the Camp Perry Joint Training Center Barracks I project in Port Clinton. The $222,680 distributed to this project was authorized and funded by Congress in the FY 2009 Military Construction and Veteran’s Affairs Budget.

The project consists of constructing an 8,700 square foot barracks that will provide temporary housing for approximately 80 soldiers while conducting weapons’ qualification, training exercises and several other functions at Camp Perry Joint Training Center. …

The facility will also be utilized during the National Rifle and Pistol Matches.

Massachusetts Trying to Top Jersey for Worst State for Gun Owners

If you talk to residents of Massachusetts or New Jersey, they’ll both claim they have the worst gun control laws in the nation.  Depending on what is important to you, they are both correct.  (In Massachusetts you can get a license to carry if you live in the right town, but in New Jersey, the Attorney General doesn’t have the authority to ban the purchase of any handgun he/she doesn’t like.)

There’s a new round of sweeping gun control being introduced in Massachusetts by the Governor, and none of it is very pleasant.  So could they be looking to make the title of worst gun laws in the country official?

It Won’t Be Long …

… before Obama the Lightworker unites the pro and anti-gun in frustration over his Administration, though for different reasons.  Now Paul is upset because Obama doesn’t seem to be doing anything about Tiahrt in his budget.  I’m guessing ATF supporting it might have something to do with that.

No Palin

Looks like Sarah Palin isn’t going to be presented that AR-15 afterall, because she’s not going to be at the Annual Meeting:

The National Rifle Association Foundation will not present an assault weapon to Alaska Gov. Sarah Palin at an upcoming banquet despite media reports about the event, including one from its own magazine.

“The event is not happening,” NRA spokesman Andrew Arulanandam said. “Sarah Palin will not be attending. She was invited, but declined due to a family commitment. This happened weeks ago.”

Several newspapers picked up a story published in the May issue of the NRA’s American Rifleman magazine that said the governor would be given a custom AR-15 at the foundation’s May 16 banquet.

That’s for letting the rest of us know guys!  I know last year a lot of folks wondered why NRA never presents black rifles, instead of a well appointed flintlock rifle.  This is a reason why.  Let’s hope that “family commitment” didn’t have anything to do with not wanting to endure yet another media feeding frenzy pointing out “Look at the backwards hick from Alaska getting herself a machine gun!”   We know it’s not true, but a lot of people don’t know any better, and politicians hate that kind of controversy.

Almost Right

I am sympathetic to this article, which points out the problem in Philadelphia has to do with abysmal enforcement gun laws against actual criminals.  This is true.  The cop killers in Philadelphia were let go without even being charged with gun crimes they were arrested for.

Despite what we endlessly hear – that guns have one purpose, to kill people – Judge Shreeves-Johns didn’t see it that way. She threw out the most serious charges, leaving Floyd with a mess of misdemeanors, but only a single second-degree felony count for gun possession.

Here’s a felon who shouldn’t have a gun in his hand under any circumstances, he’s on a public street, he fires three times, and gets 11 1/2 to 23 months, which is more like a time-out than a serious sentence. The judge also ordered anger-management treatment and drug and alcohol counseling for Floyd.

Is that enough?

No, it’s not.  I agree with this.  But here’s where you go to far:

That’s a mistake. If we’re serious about guns, that law must be expanded. If you use or carry a gun when committing a crime – shoplifting bras, writing graffiti, tipping over cows – you must get five years before the other offenses are added on.

No, sorry, I should not get five years because I was speeding while lawfully carrying a firearm.  People like Stu Bykofsky get what the real problem is, but they also need to get that there are lawful ways people can carry guns in this Commonwealth for the legitimate reason of self-defense.  I have no problem with enhanced sentencing for criminals who misuse guns to further a criminal act, like robbery, selling crack on the street corner, assault, or other violent acts.  But some kid in Lancaster shouldn’t get a five year felony rap because he tipped some cows with dad’s pistol in the glove box.  Let’s not get ridiculous here.  We can solve the actual problem without getting nuts.

What About Our Loopholes?

The other side is always complaining about “loopholes” in the law that are to us known by the moniker “liberty.”  Now it looks like Senator Enzi and Barrasso of Wyoming are both sponsoring a bill to close the National Park loophole.   Two can play at this game!