Grass Roots North Carolina Legislative Tactics Seminar

The GRNC Legislative Tactics Seminar will be held in Raleigh, NC on April 14th. The subtitle for this seminar is "Guerrilla Tactics for Gun Rights Warriors."

GRNC's annual legislative tactics seminar, taught by GRNC president Paul Valone, will teach you how to better defend your rights. Far beyond the typical "write-your-congressman" approach, the updated and expanded seminar will feature hardball tactics for making politicians and corporations accede to your demands. Learn why citizen groups often fail, and why the political process is not "broken." As one sage put it: "The legislative process works just fine. It just doesn't work the way you think it does."

Following the seminar, GRNC will conduct its meeting of the board of directors, after which attendees are invited to join us for drinks and dinner.

Date: Saturday, April 14, 2012
Location: Rights Watch International office, 2016 Cameron St., Suite 217, Raleigh, NC 27605.

Agenda:
Registration: 8:30 AM
Legislative Tactics Seminar: 9:00 AM until 3:00 PM
Board of Directors Meeting: 3:00 PM until 5:00 PM
GRNC dinner get-together: 6:00 PM until?

Registration: Contact GRNC president Paul Valone at President@GRNC.org. Fee is $50, waived for active or new GRNC volunteers. Demonstrated history of supporting gun rights may be requested.

Given GRNC's success on gun rights legislation during this session of the General Assembly, I think anyone who attends will learn a lot. Unfortunately, for me, I'll be in St. Louis at the NRA Annual Meeting. However, if you aren't going to be at the NRA Annual Meeting and can be in the Raleigh area for this, I'd encourage you to attend.

Hickok45 On The MagLula UpLula

I have a MagLula UpLula and just love it. It really saves your thumbs when trying to load double-stack pistol magazines.

I also have their loaders for the AR-15 and the AK. They will load a mag as fast as you can put the cartridges in it. They also can unload mags just as fast.

Greg Hickok - Hickok45 - just posted a new YouTube video showing how fast and easy it works. Like Greg, I wasn't sent one by MagLula but love it nonetheless. However, if they want to send me one for the FAL, I wouldn't turn it down!

H.Res. 612 - For Those Who Thought This Was Just A Police Matter

If you thought the Trayvon Martin case was just a local police matter which would be handled in a court of law, you are so sadly mistaken. It is a political matter now and you have to look no further than House Resolution 612 to get confirmation of that.

From an article in The Hill:

The resolution — sponsored by CBC Chairman Emanuel Cleaver (D-Mo.) and Florida Democratic Reps. Corrine Brown, Alcee Hastings and Frederica Wilson, all members of the CBC — refers to Martin's killing as a "crime," condemns "the inconceivable fact that his killer remains free" and claims "racial bias led to the use of deadly force."

The non-binding resolution also "condemns unfounded reliance on Stand Your Ground laws to protect actions that extend far beyond historical use of self-defense … [and] urges any state legislature considering Stand Your Ground legislation to reject such proposals."

The text of H.Res. 612 as introduced.

RESOLUTION

Honoring the life of 17-year-old, Trayvon Martin, urging the State of Florida and others to repeal the Stand Your Ground law, and admonishing involved parties to pursue full investigations into all homicides, regardless of defenses asserted by the offender.

Whereas on February 26, 2012, Trayvon Martin, an African-American youth, was horrifically shot and killed while walking from his local 7-Eleven in Sanford, Florida, because he was viewed as `suspicious' by George Zimmerman;

Whereas Zimmerman, a self-appointed, untrained neighborhood watch volunteer, admitted to police that he shot Martin in the chest;

Whereas Zimmerman raised a `self-defense' claim and Martin, as the deceased victim, was unable to rebut such claim;

Whereas Zimmerman was never charged for the crime and was released by the Sanford Police Department soon thereafter;

Whereas despite the numerous pieces of evidence, including a 911 call made by Zimmerman, Martin's final phone conversation which occurred during the course of the crime, the numerous calls made to 911 by nearby neighbors who heard the incident, and Zimmerman's troubling legal history, the Sanford Police claimed they did not have enough evidence to detain Zimmerman and subsequently released him;

Whereas Zimmerman's unfounded assumptions and racial bias led to the use of deadly force;

Whereas a month after the crime, Zimmerman remains free and still bears a concealed weapons permit and the legal right to carry a gun;

Whereas Trayvon Martin's brutal death and the inconceivable fact that his killer remains free should not be ignored;

Whereas the Sanford Police Department and its Chief, who is on temporary administrative leave while the case is being investigated, have faced a firestorm of criticism over the handling of the shooting;

Whereas this case sets a horrific precedent of vigilante justice and compromises the integrity of the legal system;

Whereas the Department of Justice will investigate all facts and circumstances leading to Trayvon Martin's death and consider Federal criminal prosecution of George Zimmerman based on Federal civil rights statutes;

Whereas over 2,000,000 signatures have been collected on an online petition demanding Zimmerman's arrest and justice for Martin's family;

Whereas Florida's Stand Your Ground law has been criticized by both the legal and law enforcement communities;

Whereas 21 States have passed and implemented Stand Your Ground laws;

Whereas Stand Your Ground laws dramatically and recklessly expand the right of citizens to use deadly force in self-defense, and have been the subject of national scrutiny in the wake of Trayvon Martin's death;

Whereas the Stand Your Ground laws were drafted by organizations, corporations, and individuals that ignored advice from experts explaining that such laws would compromise public safety, disproportionately impact communities of color, and would result in offenders circumventing prosecution;

Whereas an attempted expansion of the Stand Your Ground laws doctrine has resulted in the collaboration of the National Rifle Association (NRA) and the American Legislative Exchange Council (ALEC), which promotes conservative public policy by affecting change in State legislatures;

Whereas ALEC drafts model legislation for its members to champion and advance in their home States;

Whereas ALEC used Florida's Stand Your Ground law as a template in its push to broaden the Castle Doctrine nationwide; and

Whereas the 2005 passage of Florida's Stand Your Ground law resulted in similar statutes being passed in 16 other States: Now, therefore, be it

Resolved, That the House of Representatives--

(1) admonishes any State, local agency, or official acting to obstruct an open investigation or failing to fully execute their official duties in the investigation of the events surrounding the death of Trayvon Martin;

(2) condemns all relevant parties for their roles in proposing Stand Your Ground legislation and similar legislation that compromises public safety and the integrity of the prosecutorial system;

(3) condemns unfounded reliance on Stand Your Ground laws to protect actions that extend far beyond historical use of self-defense;

(4) urges any State legislature considering Stand Your Ground legislation to reject such proposals; and

(5) urges the repeal of the Stand Your Ground law in every applicable State, including Florida.

Unfortunately, George Zimmerman cannot sue Representatives Cleaver, Brown, Hastings, or Wilson for defamation as they have absolute legislative immunity. Moreover, the resolution reads like a bill of attainder which is forbidden by the Constitution.

The Hill reports that members of the Congressional Black Caucus are not done yet with their so-called legislative efforts.

Rep. Sheila Jackson Lee (D-Texas), another CBC member, is crafting a proposal requiring members of Neighborhood Watch groups to be registered before taking to the streets under a watchman's badge.

And Wilson, who represents the district where Martin lived, is working on legislation to create a national commission "to study race-based injustices, health disparities and economic disparities affecting African-American men and boys," in the words of the congresswoman.

The commission would be charged with examining racial disparities on topics ranging from crime and incarcerations to education and healthcare, and making policy recommendations to Congress on how to fix any imbalances it finds.

Call me a cynic but none of their efforts are about "Justice for Trayvon™", improvements to the criminal justice system in Florida, or legal standards for self-defense. Rather this resolution and the bills to follow are about the re-election of Barack Obama. They seek to keep the issue alive and kicking within the African-American community in hopes of generating the same sort of African-American voter turnout in 2012 as occurred in 2008. Without that turnout in battleground states such as North Carolina and Florida, Obama's re-election becomes more iffy especially given the fragile state of the economy and historically high gasoline prices.

UPDATE: It looks like my instincts, cynical though they may be, are right on the mark about the Trayvon Martin case. Luther Campbell, a record producer and rapper, who blogs as "Uncle Luke" had this to say in his blog in the Miami New Times which was posted about an hour after my original post.

For more than two weeks, tens of thousands of African-Americans have been marching on public streets to demand justice for Trayvon Martin, the 17-year-old Miami Gardens teen killed by Sanford resident and overzealous neighborhood watchman George Zimmerman. The marches have taken place from Los Angeles to Manhattan and from to St. Petersburg to Bayfront Park. They've included high school students, housewives, and professional activists. Yet when it comes time to march to the polls on Election Day, African-Americans are nowhere to be found.

We can't continue taking to the streets to cry about our civil rights being violated when we are not exercising our right to vote. That's the real injustice. By not voting, African-Americans end up with leaders who don't respect them as constituents.

Campbell concludes with a call for African-Americans to march to the polls in November.

Instead of taking money to hold self-serving rallies, Al Sharpton and Jesse Jackson should be marching people to their local voter registration offices. The only way to stop injustices such as Trayvon Martin's killing is to march when it really matters.

And that's on Election Day.

And They Say We Are Paranoid

Gun rights activists have often been accused of being paranoid when it comes to President Obama and guns. His supporters like to point out that that he signed into law the bill that allowed concealed carry in National Parks. Moreover, they note he hasn’t proposed any new assault weapons (sic) ban or similar gun control measures so our distrust of him must either be racism or paranoia.

I would have to agree with them that he did sign the bill allowing concealed carry in National Parks and that he hasn’t proposed a new AWB. However, the former was signed because it was attached to a bill regulating credit cards that the President wanted and the latter is because he seems to have learned from the experience of Bill Clinton and Al Gore. Gore, you may remember, lost his home state of Tennessee in the 2000 presidential election to George W. Bush in part due to the gun control measures of the Clinton Administration.

It is neither racist nor paranoid to believe that a president who, in an unscripted moment, said that we in the gun culture were bitterly clinging to our guns and religion might seek alternative ways of enacting more gun control. We were given an inkling of that last year when Mr. Obama told Sarah Brady of the Brady Campaign that he would be working on gun control measures “under the radar.”

More confirmation of the president’s mindset came when he asked Russian President Medvedev to be patient on missile defense because he would be able to be more “flexible” after the election. While this “flexibility” depends upon his re-election, the odds are at least 50-50 that he will (unfortunately) serve a second term.

Senator Obama was highly critical of the Bush Administration's use of signing statements, recess appointments, and executive orders. Since being elected, President Obama has made use of all three in his pursuit of his agenda.

On Friday, the Wall Street Journal had a feature article entitled "Obama Shifts View of Executive Power." The article notes that despite his campaign pledge to roll back executive power, just the opposite has happened.

The allure of executive power, it turns out, is hard to resist. Most every chief executive has found ways to escape the shackles of the legislature and expand the power of the presidency. Three years into his first term, Mr. Obama has developed his own expansive view of going it alone, asserting new executive powers and challenging members of Congress in both parties.

"He's using executive orders as a political tool—'I can't work with this Congress so I'm going to do it myself,'" said Sen. Lindsey Graham (R., S.C.), who has worked with the White House on selective issues.

In the past, most clashes about executive power were about national security and foreign policy. What makes the Obama Administration different is that they are using executive power to push their domestic agenda as well. Moreover, they are not shy about about it.

Today, Mr. Obama's use of executive power is a central part of a re-election pitch that is trying to draw a contrast with congressional inaction. It even has a catch phrase—"we can't wait"—and senior White House aides meet about once a week to look for executive actions they can take on their own, officials said. ...

But in an interview, White House Counsel Kathy Ruemmler acknowledged Mr. Obama has developed a broader view of executive power since he was a senator. In explaining the shift, she cited the nature of the office.

"Many issues that he deals with are just on him, where the Congress doesn't bear the burden in the same way," she said. "Until one experiences that first hand, it is difficult to appreciate fully how you need flexibility in a lot of circumstances."

Vice President Joe Biden, behind his facade as the court jester of the Obama Administration, has often signaled the administration's thoughts on an issue. Yesterday, on CBS's Face the Nation, he gave a solid indication that the Obama Administration might well use the Trayvon Martin case to push gun control.

Mr. Biden, who was chair of the Senate Judiciary Committee for eight years, said that the Martin case underscores the need to ensure public safety in accordance with current gun laws.

"The idea that there's this overwhelming additional security in the ownership and carrying concealed and deadly weapons... I think it's the premise, not the constitutional right, but the premise that it makes people safer is one that I'm not so sure of," Biden said.

As Ben Shapiro said in a critique of Biden's performance on Breitbart.com,

But that’s been the two-barreled liberal agenda throughout this debate: first, raise the specter of race; second, crack down on guns. The left isn’t all that interested in what happens with George Zimmerman – if they cared, they’d stop tainting the jury pool – but they are interested in making political hay out of the killing. And Joe Biden is just following in his boss’ footsteps.

I don't think it is paranoia to say I expect moves on gun control legislation if Obama is re-elected. I'm just not sure what we can expect before the election in terms of executive orders and other regulations regarding firearms but let's just say I'm wary.

22 Months And Counting

This is getting to be something of a broken record - not that I'm complaining. March 2012 marks the 22nd straight month in which the NSSF-adjusted NICS checks (National Instant Criminal Background Check System) has increased when compared to the same period last year.

From the NSSF:

The March 2012 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 1,189,152 is an increase of 20.0 percent over the NSSF-adjusted NICS figure of 990,840 in March 2011. For comparison, the unadjusted March 2012 NICS figure of 1,715,125 reflects a 19.3 percent increase from the unadjusted NICS figure of 1,437,709 in March 2011.

While NICS checks are not a direct correlation with firearm sales, they do give a good indication of the state of the firearms market. NICS checks are used by some states such as Kentucky, Iowa, and Michigan to conduct their concealed carry permit application checks. Moreover, in states such as North Carolina where a Concealed Handgun Permit is a substitute for the NICS check for the purchase of a firearm, you have some underreporting.

March 2012 was the highest month in the last decade with 1.2 million NSSF-adjusted NICS checks. It eclipsed even the then record number checks for March 2009 and March 2011.

The possibility of Obama's reelection is one factor frequently cited as the motivation behind the increased sales of firearms. While this certainly is a major factor, the increase in the number of women taking responsibility for their own protection as well as the growth in concealed carry has to factor in as well.

With this 22nd continuous increase from prior year periods, I think there is little doubt that we will see that the April and May numbers will mark the 23rd and 24th consecutive months of increases. Josh Horwitz of the Coalition to Stop Gun Violence (sic) can rant and rave all he wants that these figures are meaningless in terms of gun sales and new gun owners. The tide has turned and it is sweeping over him and his hoodie-wearing wannabe staffers just like the tsunami swept over northern Japan.

Weekend Tab Clearing

I read a number of posts and stories over the weekend that I just don't have the time to do a full post on. Therefore, here for the first time is a tab clearing post.

In mostly good news from New Jersey, Brian Aitken had two of three gun charges against him tossed by the New Jersey Supreme Court. Brian, if you will remember, is the young man who was sent to prison for seven years for firearms that he legally bought in Colorado and was transferring to his new residence in New Jersey. His sentence had been commuted to time served by NJ Gov. Chris Christie.

Firing ranges are under fire in the Pacific Northwest and none more so than the range of the Kitsap Rifle and Revolver Club in Kitsap, Washington. A local judge had declared the range a public nuisance and ordered it closed. The club has requested a stay while they appeal this decision.

Paul Valone, President of Grass Roots North Carolina, had an op-ed published in the Charlotte Observer regarding North Carolina's recently adopted Castle Doctrine. He defends it against critics in the media noting that four weeks after its effective date it shielded a 14-year old teenager who had shot a home invader while protecting his sister.

In a generally positive story from California, the Ventura County Star has a story on the growth of women taking up shooting. and have a good time while doing it. The story did have the requisite tut-tutting from Brady Campaign's local rep which was balanced by the NRA-ILA's Stephanie Samford.

Lest we forget what yesterday's date was, there is this post on the N.U.G.U.N blog which says he's going to the dark side and joining the anti's. Or is he?

Finally, Sheriff Jim Wilson had a short post on what he calls "classy gun rigs" which highlighted some very nice gun leather from Mike Barranti of Barranti Leather Company.

Historical Quote Of The Week

This week's historical quote from Proclaiming Liberty is by Manly C. Beebe who was a delegate to the Pennsylvania Constitutional Convention of 1872 and 1873.

"Thieves and murderers never would and never do regard any law of this kind, and the revolver under such circumstances is the best conservator of the public peace in the hands of law-abiding men. No man desires to be in the position of being assailed by a lot of drunken bullies who are reckless of anything they may do unless restrained by fear."

Beebe, Manly C. Remarks on 25 Sept. 1873 in Pennsylvania's constitutional convention, qtd. in Debates of the Convention to Amend the Constitution of Pennsylvania. Ed. unknown. Harrisburg, PA: Benjamin Singerly State Printer, 1873. 259. Print.


This quote is found on page 20 of Proclaiming Liberty which is available from Amazon.com for $12.95. The Kindle edition is now available for $3.95.

Concealed Carry At The NRA Annual Meeting In St. Louis

Concealed carry has been a bone of contention over the years at the venues for the NRA Annual Meeting. Last year in Pittsburgh, there were no restrictions in the David Lawrence Convention Center and it was not unusual to see some people open carrying as well as concealed.

St. Louis will not be so accommodating to concealed carry and definitely not accommodating at all to open carry. The NRA posted this notice on the front page of their 2012 Annual Meeting website:

Note: The city of St. Louis prohibits the carrying of firearms at the America's Center Convention Complex.

I don't think I have to remind people that the State of Illinois - just across the Mississippi River from St. Louis - has no form of carry whatsoever  so don't even think about it there.

I've had a couple of readers contact me about the rules for carry in Missouri and any peculiarities for St. Louis itself.

First from Michael with links to the relevant Missouri law. I've consolidated his emails but here is the info he sent:

BTW, here's the Missouri weapons laws http://www.moga.mo.gov/STATUTES/C571.HTM

http://ago.mo.gov/Concealed-Weapons/

It appears the statutes don't speak of facilities, in general, that seat over 5K but is limited to "Sports Arenas or stadiums..." (see the second highlighted section below). I'm not a sports fan so I had to look up Edward Jones Dome and it's unfortunately where the Rams football team plays. Ugghhh. America's Center appears to be complex surrounding or attached to the dome. I would hope the NRA would choose a location where law wouldn't prohibit exercise of our rights. I am going to contact the America's Center and find out for sure. I'll let you know what I find out.

Regarding the question on restaurants that serve alcohol, see the first highlighted section below. I'm not sure how the "average Joe" would know if a restaurant makes 51% of it's sales from food, but I would assume you would be okay if you chose a restaurant that also serves alcohol. I would assume bars & grills and pubs would not be allowed, or questionable at best, if you wish to carry. Based upon the information it would appear that you could enjoy a spirited beverages as long as you are not intoxicated. I would assume "intoxicated" would equate to the same standard as driving .08%, but it is not defined here.

The relevant sections that Michael highlighted are below:

On carry in establishments serving alcohol:

Section 571.107 (7) Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. The provisions of this subdivision shall not apply to the licensee of said establishment. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty persons and that receives at least fifty-one percent of its gross annual income from the dining facilities by the sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this subdivision authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated;

On carry in sports arenas:

Section 571.107 (16) Any sports arena or stadium with a seating capacity of five thousand or more. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

Now from "Dirk Diggler" who is an attorney located in St. Louis County. I had wondered if carry was legal in the Jones Dome and America's Center as well as any prohibitions on carry in establishments which served alcohol.

I am a lawyer, so let me help you out. In regards to your questions, it is not so much that places are "banned", it is just your permit does not authorize you or "it is not illegal to carry". In other words, you can carry anywhere in MO, but if they search you, they can make you leave. Yes, this even applies to jails.

Therefore, "it is not illegal" so you can go into bars and restaurants in MO and even drink. You cannot be intoxicated (not defined) but everyone assumes it means DUI levels (0.08).

It is not "illegal" to carry into sporting events and arenas, but if they wand you or use a metal detector, they can make you leave. I have gone into many events w my glock. I just hold the door for the ladies and observe if they screen or not and then go back to my car.

The Missouri statutes are located at 571.101 et seq (the "not illegal to carry") sections are located at 571.107.

David goes on to say that Missouri has state preemption on most firearms laws including concealed carry. However, they do currently let municipalities regulate open carry and the City of St. Louis does ban open carry.

The State of Missouri does recognize all concealed carry permits from other states so you would be good to go with your out-of-state permit in Missouri.

That said, whether you choose to try and carry at the Annual Meeting location is up to you. You may be refused entrance to the America's Center and have to return to your car or hotel room to leave your firearm which would be a hassle.

UPDATE: Sebastian at Shall Not Be Questioned has a good post up on the constraints that the NRA has in choosing venues for their Annual Meeting. While we may want to have a CCW friendly location each and every time, it just isn't always possible if they are to meet some of their other requirements.