Showing posts with label Open Carry. Show all posts
Showing posts with label Open Carry. Show all posts

Sunday, December 20, 2015

Open Carrying of Firearms is a Recipe for Disaster!



Could the woman pictured be shot in the back and have her gun taken?
Phoenix, AZ—There is a significant contingent of gun rights advocates that are enamored with the idea of openly carrying handguns in public places. Yes, I believe it’s a right but is it safe or advisable? 
Let me begin by making it clear that such activity is constitutionally protected.  I have no desire for legislation prohibiting any form of bearing arms by the law abiding.   It’s a choice pure and simple. 
The truth is that open carry is a horrible idea.  I’ve seen the fallout of open carry over and over for decades. The ignorant advocate that seeing an armed civilian is somehow  a deterrent to violence.  Nothing could be further from he truth.
Let’s begin with reality and some cold hard facts. Until the 1980s when ballistic vests became the normal attire of cops more than half the officers killed where shot with their own guns. Better holsters and training has also helped protect our police. The FBI Uniform Crime Reports publishes circumstances concerning the deaths of every cop each year.
Civilians generally get limited training on weapon retention and they certainly don’t routinely wear body armor.
Carrying concealed firearms provide important tactical advantages.  Surprise is by far the best advantage to concealed carry.  Open carriers understandably become an instant target and are at a huge tactical disadvantage.
Carrying an unnecessarily exposed firearm opens the carrier to a host of hazards.  One is that some troublesome and or drunken fools love to provoke anyone they see that’s armed.  These same people love to call 911 and falsely claim they were victims of Aggravated Assault. 
Statements to police from an accuser along with a recovered firearm provide probable cause for police to arrest the gun carrier. Bail, lawyers, bad publicity, conviction and prison time may follow.  This kind of mess is also very expensive!  I know of numerous bogus convictions from that scenario. Ruined innocent lives are no laughing matter. 
If an armed robber sees an exposed gun he may simply shoot or otherwise disarm the gun-displaying carrier. Why give them the advantage?
I would say that exposed firearms may be a deterrent only for a group of armed people.  Also a group means there will be witnesses to derail phony assault complaints too.  But for anyone alone open carry is a nightmare waiting to happen.
There are those people that want to be seen with exposed guns for narcissistic or vanity reasons. Perhaps they want to shock members of the public.  Frankly I can’t imagine that kind of proclivity. I recommend psychiatric therapy for those people.  Unfortunately a number of states only allowed open carry making concealed carry a crime.  What I learned is that an exposed firearm is far more likely to be involved in regrettable incident than a concealed weapon.
Those of you that disagree with me and insist that open carry has some benefit should simply get help.  I don’t think you should be possessing any weapons. Saying all of that I won't suggest for a second that there could be some rare circumstance where exposed carry may have an advantage.  Think very carefully before making that choice. 

Tuesday, June 03, 2014

The Volatile Counterproductively of The Open Carry of Firearms



Phoenix, AZ—Most of my blog visitors know my strong and unyielding opinion on our rights to keep and bear arms.  I have personally fought bad gun laws through civil actions in the courts.  I have lobbied for gun rights at the State Legislature for many years.    

Open carry of firearms has its place.  On the range, while hunting, at various firearm related events.  That would also be a reality during serious civil unrest or worse. 

Open carry is indeed a Constitutional right but that alone does not make it in anyway clever or socially acceptable. 
The whole point of firearm concealment is to place robbers, rapists and killers at a serious tactical disadvantage.  Since self-defense is the goal why would anyone want to give a criminal the advantage and ability to overpower and disarm them by openly carrying? 
Open carry does not belong at the local Starbucks, Chipotle, or in mixed company.  By mixed company I mean around other than likeminded gun owners.  
Open carry has become a “in your face” form of protest and considered by gun rights haters as pure intimidation designed to incite.  Open carry may be your right but using it for political provocation is counterproductive and dumb. 
If you want to influence those people with irrational fear of firearms please teach them safety and take them shooting.  Unnecessary open carry makes as much sense as trying to calm an angry bull by waving a red cape.
Arizona for decades banned all concealed carry but allowed open carry without a permit.  The problems created by open carry were substantial.  Ignorant gun haters were always calling the cops when they saw guns and become angry when the cops would not arrest an open carrier.  
Often the complainants would exaggerate and claim that the gun was pulled or pointed at them!  The gun carrier often had to stand trial for Aggravated Assault on the unsubstantiated claims of some lying jerk. If the judge or jury believed the complainant a mandatory five-year prison term would be handed out!  
As a criminal defense investigator I’ve had many first hand experience with some of those horrible cases.
Finely, Arizona accepted concealed carry and later went the extra mile of not requiring permits of any kind. Those phony Aggravated Assault complaints dropped dramatically.
Unnecessarily carrying of an exposed firearm is downright dangerous.  There is of course the criminal that would like to simply strong-arm the gun away from you.  Then there are those dim bulbs that believe that you are carrying exposed because you want to intimidate, frighten or even assault them.  Open carry is too often the subject of unnecessary and unwarranted verbal arguments and disturbances. 
Simply stated a person carrying and exposed firearm is much more likely to be involved in a breach of the peace than having it concealed.   
We cannot change the thought process or behavior of the intolerant, ignorant and malicious people in our world.  Why would you want to give them a tool they’d use to insult, attack or cause your arrest, prosecution and possible conviction?  If they can’t see your gun it won’t be the subject of controversy or worse.
Nobody wants to be a legal test case for gun rights considering the high price of lawyers and the reality of judicial tyranny.   Most people don’t understand that you can challenge the constitutionality of gun laws without violating them or being arrested.  You simply file a civil complaint in court to challenge the law asking for a Declaratory Judgment striking down the bad law.  
It helps to have the NRA or SAF paying your lawyers too!  That’s the gentleman’s way of winning.  That’s what the various plaintiffs did in the Landmark Heller and McDonald cases that were favorably decided in the U.S. Supreme Court.
As for the debacles at Starbucks and more recently at the Chipotle restaurants nobody takes in account what the business owners need.   To take sides on the volatile gun rights issue is insurance that one side or the other will boycott that business.  
No business wants to become embroiled in a political issue of any kind.  Why would you want to force an innocent business owner to take a position when you know it may destroy his or her source of income?
Please leave innocent bystander businesses out of your political arguments.
As for open carry, it has its place well outside of political statements, demonstrations or inciting hateful conduct.  Rather than provoking those gun-rights haters, kindness and tolerance goes so much further.  
All of my gun owner friends are gentle law-abiding folks that understand the necessity of the ability to defend themselves and families from the unthinkable.  
Being hostile, rude or insulting has never accomplished anything positive for anyone.  Simple kindness and a warm smile wins every time! 
Let me also say business that through posted signs seeks to preclude law abiding gun owners, deserve to be boycotted.  Some of them are learning the hard way that such signs invite armed robbers.