Thursday, July 14, 2022

NRA NEEDS YOU -COOPER is at it again ---- Latest Anti-Gun Veto

                                                                                   



I'm sure you've repeatedly heard the old cliché: "This is the most important election ever." The reality is, in North Carolina, it is never a cliché. 

 Governor Cooper's Latest Anti-Gun Veto was applied to House Bill 49. a common sense bill that would have allowed law-abiding North Carolina residents with out-of-date carry permits to reapply without the hassle and expense of first-time applicants. This is the latest in a series of vetoes to Pro-Second Amendment legislation, including Repealing Permit to Purchase Legislation and Concealed Carry in Places of Worship.

Why is this election so essential North Carolinians can severely limit Governor Cooper's veto power at the ballot box this Election Day? We only need three seats in the State House and two in the State Senate to create a pro-gun supermajority in the General Assembly. The legislature can vote to override the Governor's vetoes and pass the pro-gun bills he has previously denied  NRA-ILA has full-time staff across the state working daily to achieve that end. Still, we need all the help we can get. There are several ways you can make a difference in protecting the Second Amendment starting now--volunteer with the NRA North Carolina Team today!

North Carolina has the opportunity to say "enough is enough" and elect local, state, and federal candidates that care about our gun rights. This is no time to sit on the sidelines. Governor Cooper has Already Asked the General Assembly for an Assault Weapons Ban, and anti-gun progressives will spend millions trying to get him the votes he needs to pass it.

Please let me know if you want to get involved in the NRA-ILA's mission in North Carolina. Click the Volunteer button above or reach out to me at Skye@nrailafrontlines.com

If you cannot volunteer, please remind your family, friends and neighbours how much is at stake this election season.

In Freedom,

Skye RigglemanNRA-ILA North Carolina Grassroots Coordinator

703-304-5114www.nraila.org

Wednesday, June 15, 2022

Supporting an Argument of Self Defense

 

The thoughts we'd like to share this month started as a discussion about the various factors we've observed in cases that make the news. The most evocative reports actually contain elements of self-defence. Still, the armed citizen in question has lost the claim that they were the innocent party in the incident. Some fundamentals were necessary to preserving your right to argue self-defence can be accounted almost like a Letterman Top Ten List. First, let's outline the underlying and basic requirements for a legitimate claim of self-defence.

How to Spoil Your Self-Defense Case

by Art Joslin, J.D., Director of Legal Services

Laws across all jurisdictions generally have three things in common when claiming self-defence after using any level of force.

  1. You can't be in the commission of a crime;
  2. You must be in a place you have a legal right to be; and
  3. You must have an honest and reasonable belief force is necessary to avoid being killed or crippled. Some states have worded these three elements differently, but the intent is the same.

So, how do people blow their self-defence case before they even start? Violating one of the above elements will do it for sure.

Several things need to be clarified in the aftermath of a justifiable shooting. I understand the advice of not talking to the police if you are so distraught, so emotionally out of control from adrenaline, that you can't make coherent statements. However, one of my mentors, Massad Ayoob, for many decades past, developed a five-point checklist of facts police need to be aware of that is widely regarded as sound advice, and I teach it to my students, as well.

  1. Establish the active dynamic. The active dynamic is what the assailant did to you, not what you did to him. In a pool of blood, the assailant will look like the victim, and you need to establish what he did to you that caused you to use force.
  2. Advise police you will sign the complaint. Don't say or do anything that makes the police think the roles of victim and assailant have reversed.
  3. Point out the evidence. You and the first responders just walked on stage and entered a chaotic scene. Evidence can get lost, transferred, destroyed, misplaced, and carried away. Early on, be sure you point out where that evidence has landed. This will bolster your credibility both in the moment and after the fact.
  4. Point out any witnesses. Before they leave the scene, point out any and all witnesses who saw what happened and those who may have heard what happened. Wouldn't it help your case if you could have police interview a witness who heard you declare multiple times, "I don't want to fight"? What about the witnesses who saw everything and can attest to you not being the initial aggressor? Wouldn't that be helpful, too?
  5. Decline to answer any further questions without counsel. Other than identifying yourself to the police, politely decline to answer any additional questions until counsel can be retained. Always cooperate with the police. Let them know they will have your full cooperation once you have sought legal counsel. You should never decline to identify yourself to the police.

Violate the five-point checklist, and you might undoubtedly ruin your claim of self-defence. A few other ways you can destroy your claim of self-defence is to fail to do any of the following:

  1. Cooperate with the police. I've experienced far too many people who turned out to be not guilty of the initial crime but received additional charges for fighting with police. If the officer says you're under arrest and are going to jail, don't fight or argue with them. Those words mean that you are going to jail no matter what you do or say. Don't be the one with added charges like resisting arrest or obstructing justice.
  2. Give the police your real name. Yes, it happens all too often. Trying to conceal your identity will always come back to bite you. If you genuinely believe you are justified in using force, why would you lie about your identity?
  3. Never lie to the police! Do I even have to bring this up? You will eventually get caught when witnesses are interviewed and evidence is presented. Here's the point: If you lie, the prosecution will use this against you at trial. "You lied then; why should we believe you are telling the truth now?" You've lost all credibility with the judge and especially with the jurors. Unless your defence attorney can legitimately show your "lie" was made under duress, this is not a good place to be.
  4. Never conceal evidence. Concealing evidence will make police immediately believe you are guilty because you attempt to hide evidence. You can undoubtedly photograph evidence on a cellphone. Evidence such as where shell casings landed, witnesses in the immediate area, etc., could be helpful to your case.
  5. Do not be the initial aggressor. Even if you must resort to legitimate self-defence, starting the fight can spoil most chances of winning your case. Being the initial aggressor (and some states have added the factor of "provocation") means you will be looked upon as the assailant. Most states allow you to regain your innocence by announcing in a loud, clear and concise manner that you do not want to fight, you're leaving the fight, and you are retreating from that place. If the other party chooses to continue the battle after your announcement, they have become the initial aggressor. This changes the dynamic of the encounter.
  6. Do not provoke violence. If you are not the initial aggressor, do not invite the other party to use force. This is very akin to being the initial aggressor. You may not have started the fight, but choosing to stay in the fray and provoke your opponent can have similar repercussions. If you can safely retreat, why wouldn't you?
  7. Do not use force too soon. Lawful firearm carriers often get into trouble because they go to the gun much too soon. Remember, deadly force can only be used against the threat of deadly force being used against you. That threat must be honest and reasonable. You cannot simply state you were in fear for your life without articulating what that threat was.
  8. Do not use force after the threat has passed. Deadly force can only be used against the threat of deadly force being used against you immediately and unavoidably. We've all read about situations where a person exited the immediate vicinity of the fight, went away, got a gun, returned, and got into a shooting. Likewise, if the aggressor withdraws and no longer poses a deadly threat, you may not use force to drive home your point, no matter how frightened or upset you may be.
  9. Don't discuss your case with anyone but your attorney. The urge to speak to family, friends, and others about what happened will be overwhelming. Do not make any statements to the media. Let your attorney do that if they choose. Even telling your closest friends what happened, simply to "get it off your chest," can prove disastrous. Remember, there is no lawful confidentiality accorded to statements you made to your best friend unless they happen to be your licensed counsellor or clergy. If you want to talk and get things out, do it with a professional.
  10. No bravado. The prosecution will be looking for photos and statements on social media to attempt to use against you. That t-shirt you wore on a fishing trip that reads, "Kill 'em all, let God sort 'em out" will not benefit your case when you're at trial (or any other time). Remember, the government wants to portray you like a wild west, hair-trigger maniac who wants to go out and shoot up the town. Don't supply evidence that they might use against you.

Joslin AAll of the points above are not meant nor intended to be legal advice. However, each issue is practical advice I would include in any firearm training class. I highly recommend getting the advice of competent legal counsel in your jurisdiction on these enumerated points as soon as you can. Remember, in the aftermath of a defensive encounter, you will have so much more to think and worry about. In a justifiable shooting, don't be the one who accidentally or even purposely gives the other side ammunition to prosecute you with. Be safe and be well.

__________

At Joslin, J.D, D.M.A. is the Network's new Director of Legal Services. Contact him with your questions and comments at ajoslin@armedcitizensnetwork.org.

 

To read more of this month's journal, please click here.

Wednesday, June 1, 2022

Our Supreme Court elections mean more than your think!

 



The murder of 62 million children since Roe v Wade leaves a mark on our Nation that, if not remedied, will cost the very soul of America dearly. If the US Supreme Court decides to reverse Roe v Wade this summer, do we want Trey Allen to decide on abortion law in the NC Supreme Court or a solid conservative like April Wood? Elections are important and have consequences far beyond the current issues, such as the Marxist infiltration of our house of representatives, the destruction of our southern culture in the name of equality, or who will pay the tax (the price) for the blatant invasion of our southern border. All of the above cultural issues will end in a court of law at some point in time or peacefully by-elections.
If not in court or elections, then other methods of social constructs and societies making changes are unthinkable. Still, if the people's will is continually stiff-armed, the result is returning the French mobs of the Jacobins and Sans-Culottes. Again, an unimaginable place to be in the modern world. I'm sure some who completely disagree are chuckling at the thought of American society going into chaos - So did the Sun King's son and his court lackeys after the tennis court oath. (1789) What tipped the Revolution was something as simple as the third estate(lower class) having to remove hats when the King entered the court. Why? Try thousand years under the whip of the aristocracy. After many generations of blood droplets, the droplets finally became a river of blood, purging the tyranny of the First and Second Estates. Our founding fathers agreed a court system needed to be a cold but objective machine - which all men, great and small, would have excess to the legal system and settle their differences. - not with street violence.
Can't happen here? Many social problems are coming to a head in the next few years. Including the stagnation of wages since the 1970s, mothers not having any baby formula, massive debt among our young people, supply chain down, an invasion from the south, nuclear war on the horizon, and finally, elected officials who do not love their country. After many decades of universities producing neo-Marxist who hate America first, we now have leaders who go to Raleigh or Washington only to show their values or adapt to the majority worldview as they never had the moral courage from the beginning. Facing all this, our vote for April Wood is critical moving forward. We must NOT vote for an attorney who is not only a product of a liberal Madrasas but stayed and taught in the Madrasas, which appears to be the summation of Trey Allen's career - April Wood's opponent and the system's darling.

Very few elections occur where the voting has the opportunity to right so many wrongs, and the candidacy of April Wood is one of these elections as the US Supreme Court continues to eliminate the Federal government's mandates and turn these critical decisions back to states. It wouldn't be a shame to see a creature of the liberal madrasas making these critical cultural decisions when NC voters had the opportunity to place a solid conservative constructivist in the high office of our State's supreme court and give the court a 4-3 conservative majority. VOTE APRIL WOOD!

The Forgotten American, some call it treason, some call it a poor man's fight.

                                                            



 It is tempting to look at the Civil War through the eyes of the 21st century. But what was life like in 1850? Imagine yourself living in the 3 miles per hour world, where you lived and died within a 15 to 20-mile radius of where you were born. Conventional 19th-century wisdom held that a man on horseback could cover about 20 miles a day without harming his mount. Such was a typical life before the automobile, as noted by Henry Ford. A world such as this one has limited information sources. If you could read, newspapers and local institutions such as churches controlled much of your perspective. The wise old man of the village could offer some advice if passing something along to you could be justified by his social class (the planter class). West Point trained local Militia Officers. Again, the officers might release a nugget or two of information during weekend muster if it was their self-interest. Such was the world of the Southern States. Where filtered information was the norm. It remained this way from the end of the American Revolution until the Spanish-American War. Even longer in more insular communities such as Northeastern North Carolina. In simpler terms, you were a captive audience member in the Old South as far as new ideas and information were concerned.

Socially, if you were a yeoman farmer, your farm typically had no slaves, just family, a few labourers and a lot of hard work from sun up to sunset. Such people had little time to reflect on the more significant issues of the day as life was hard scrabbling in the swamps of Northeastern North Carolina. Travelling to town was a big event each month. Attending church 3 times a week and making muster with the local Militia were significant social and cultural events in the South. These institutions fed a person a 72-year inter-generational diet of God, Country, and State rights. The founding of the nation was still fresh on everyone's mind. People understood that the government was founded on secession from England, and the Declaration of Independence was the document that outlined their separation from England. The institutions taught Citizens that the new federal government was the glue that held the states together and that state secession was the ultimate check to keep the federal government from tyranny.
After 72 years or longer, North Carolina was confronted with secession and "state's rights" after an incubation period. North Carolina was reluctant to leave the Union and, at best, lukewarm to the idea of joining the Confederacy. Many of its citizens were yeoman farmers and middle-class craftsmen, all of whom paid a living wage to labourers living on their property. Labourers were free to come and go as they pleased and free to leave and obtain a higher salary if there was one available. Do not dismiss the Quaker influence in North Carolina, specifically in Northeastern North Carolina. We should be proud that this area was a stronghold for the Underground Railroad, which couldn't have happened without cooperation from many of its people. These "opposing tensions"- loyalty to the State of North Carolina and making a cooperative independent living- shaped the 1861 decision to leave the Union. South Carolina was first to secede, and then Virginia. North Carolina was in the middle. However, once Governor Ellis and our legislature decided to leave the Union, the rank and file men of the local Militias mustered for service without question as they had been "classically conditioned" to do. Many of their ancestors had mistakenly fought on the bogs of Culloden for the "pretender" to the Scottish throne, Bonnie Prince Charles. Loyalty and fidelity are just in the "DNA" of some cultures.
We must conclude these yeoman farmers and craftsmen thoroughly inculcated the idea of States Rights based on even the slightest glance at this period of history. Yes, State's Rights. Some dare call the political philosophy treason from the manufactured synthetic-pop-culture morality of today. If this theory is treason, why were West Point Cadets taught State's Rights in Constitutional History before 1861? West Point, a federally owned educational institution, was funded by the United States Government. Adding further evidence, the United States recognized State Rights as a legitimate right of governance. Why would the government train the military otherwise? If the philosophy of State's rights was or is treason, then evidence indicates it was State-sponsored before 1860. For the purpose of this article, I will not touch on the Magna Carta, which turned 800 years old in 2015. Nor the Scottish Enlightenment nor the Glorious English Revolution of 1688 gave the Englishman their bill of rights and set the social and political course of the American Civil War. I will not include a discussion of the Mayflower Compact or the American Bill of Rights, which included (or implied) state Rights political theory of Nullification. Daniel Webster or each colony considered itself separate and independent at the signing of the Declaration of Independence. And finally, I will not touch on the Morrill Act, which taxed 20% of the South's wealth and paid the fee directly to Northern manufacturers who created regional mass inflation to purchase finished products for the Southern. Southern's paid 12 times more for finished goods than their Northern friends. The lower Southern States exercised State's rights and forged a free trade zone in response to the Morrill Act. Think about it in a modern context, how would such a  gross economic disparity go over while drinking morning coffee if your wife in Charleston paid 12 times more for a pair of shoes than her counterpart in Boston?


No, I only want to reference the rank and file soldiers whose wives, children, and grandchildren wanted to honour these men's service and memory with a simple monument on the public square. How important was it for the post-war Southern Culture to recognize the rank and file soldiers of the Confederate Army? Many families could only give their hometown monument committee 15 cents per year or less. These nominal amounts of money represented an entire year's worth of disposable income in most cases because the South was living under the military occupation and economic despotism of reconstruction. The Elizabeth City monument was erected in 1911, the memories still fresh of the war and the occupation in many a person's minds.
This article has attempted to create a synopsis of the many conversations I overheard as a child of these Confederate Veterans' children and grandchildren. I wanted their voices to be heard and, in some small way, enter the current social conversation modern America is having over the Confederacy. It's hard for a modern reader to understand North Carolina's reluctance. And how an intermediate state could have given so many soldiers and lost 40,275 lives to a cause from which most wouldn't benefit from its outcome either way.



Most Confederate Veterans who were lucky enough to survive and rebuild had one lesson to pass on to their children and families: "It was a rich man's war and poor man's fight." These monuments all over the South represent the memories and honour of that "Poor Man's fight."

Tuesday, May 24, 2022

The Remarkable Journey of Frank McWhorter

                                                              







Frank, known simply as "Frank" for many years, was born into the bonds of slavery amidst the chaos of the American Revolution in South Carolina. In 1795, his owner, George McWhorter, relocated him to Kentucky. Years later, Frank married Lucy, another slave from a neighboring estate.

During that period, owners commonly profited from their slaves' skills by sharing proceeds. This was not out of kindness but rather an intelligent business strategy. If a skilled slave earned nothing, they had no motivation to produce quality goods. This would deter potential customers from renting the slave, making the owner lose out on a lucrative opportunity. Slaves were considered valuable assets, and their maintenance involved the high initial purchase cost and lifelong necessities like food, clothing, medical care, and supervision. Sometimes, there were also extra expenses, such as hiring slave catchers. Thus, to make these assets profitable, owners had to ensure their slaves were reputable, and they did this by allowing slaves a share of their earnings.

Frank stood out because of his managerial and entrepreneurial acumen. He handled operations on George McWhorter's estates and also launched several businesses. The most lucrative of these ventures was a saltpeter operation during the War of 1812 when saltpeter, a gunpowder ingredient, was highly sought after. It wasn't rare for entrepreneurial slaves to save enough to buy their freedom. For the slaves, this wasn't just a transaction—it was a fight for their fundamental human rights.

By 1817, Frank had saved enough to buy Lucy's freedom, and two years later, he secured his own, becoming "Free" Frank. Their eldest son, Frank Jr., had previously fled to Canada to escape slavery. In 1829, Free Frank exchanged his saltpeter business to purchase his son's freedom, ensuring his safe return. In 1830, Free Frank and Lucy, Frank Jr., and their three freeborn children moved to Illinois, purchasing farmland.

Free Frank's story takes an extraordinary turn in 1836. Despite Illinois' oppressive racism, Frank managed to buy land, navigate legal intricacies, and even convince the Illinois legislature to grant him limited citizenship rights. Adopting "McWhorter" as his surname, he legalized his marriage to Lucy and founded New Philadelphia, a town symbolizing new beginnings. Over time, Frank McWhorter launched businesses, served as a mayor, and secured the freedom of at least 16 family members. New Philadelphia thrived as an integrated community—a rarity for that time and place.

However, New Philadelphia faced challenges. Publicly funded transportation projects like the Hannibal and Naples Railroad bypassed New Philadelphia, cutting it off from economic opportunities. This pattern of government projects disregarding minority communities' interests was not limited to New Philadelphia. Due to new freeways, a similar fate befell Nashville's historically black business district in the 20th century.

The Illinois Black Codes, prevalent from 1818 to 1867, further illustrate the era's racial prejudice. These codes, which dictated African Americans' rights (or lack thereof), included rules that forbade voting, required freedom certificates, prohibited gatherings, and restricted movement, among other oppressive measures.

Free Frank's story is a testament to the human spirit's resilience despite such monumental challenges. His ability to carve out an integrated, prosperous community amid such adversity underscores the importance of economic freedom and the dangers of centralized planning. His legacy is a cautionary tale for modern society, prioritizing community well-being over centralized economic interests.

    



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Wednesday, May 11, 2022

Travel Considerations for Armed Citizens

                                                              



by Art Joslin, J.D., Director of Legal Services

Hopefully, folks will begin to travel in May as we head into more excellent weather (hopefully). More specifically, May will bring thousands of patriotic Americans to Houston, Texas, for the 2022 annual membership meeting of the National Rifle Association. This is a great time to remind us about reciprocity and travelling with your firearms.

In the early 1960s, a few states entered the driver's license compact. This compact between states gave driver's license reciprocity to those states that entered it. This allowed drivers to travel in conditions in the agreement and have driver's license reciprocity between their home state and the state they travelled to. Eventually, all states had driver's license reciprocity.

Our civil rights don’t stop at the state line. The first ten amendments to the Bill of Rights are considered our civil rights. My right to free speech, the fifth and fourteenth amendments, the right to a jury trial, and the right to counsel isn’t left at the state line. They are rights endowed by our Creator and not by any government. If this is so, why isn’t our Second Amendment also listed among those civil rights we can take with us? Consider this: if I possess these rights, shouldn’t I be the one to decide where I take them? Yeah, I know…we could write volumes about the issue. Let’s leave this question to the Attorney-of-the-Month Q & A.

Let me continue with my analogy to driver's license reciprocity. Some states have different motor vehicle codes when driving from state to state, although most jurisdictions have adopted the Uniform Vehicle Code. A cursory study of firearm travel laws across the United States can spin a person’s head.

When travelling to each state, you need to know the laws of each jurisdiction and have studied the regulations before your trips. For example, when my son and I travelled on camping trips to the Appalachian Trail in June last year, we carried firearms. We carry under LEOSA, the Law Enforcement Officers Safety Act. LEOSA is a federal law that allows law enforcement to carry firearms in all fifty states under certain conditions. We travelled through Ohio, Pennsylvania, New York, Maryland, and Vermont. Guess which state wouldn’t let us carry?

While planning for this trip, I spent about an hour researching the various carry laws of each state to which we travelled. I found some interesting facts to which I paid attention if we were questioned on our LEOSA carry. All the states I mentioned above, except New York, allowed us to carry without issue. A constitutional carry state, Vermont allowed us to carry with only a driver's license. At least one state restricted us from bringing our guns into our motel room, whether we posted “no guns” or not. The law left that restriction up to the innkeeper. Maryland wasn’t as restrictive as I expected, but we could hike into Vermont and camp and hike fully loaded.

Here is an interesting note: we had an extra day to stop and visit Niagara Falls on our trip back through the People's Republic. I stopped to talk to a New York police officer. He was, in fact, a commanding officer. I asked about carrying under LEOSA, and he responded, “What’s that?” I explained it, and he said he had never heard of it. Yes, true story. What’s the point of the story? Even those who are supposed to know often don’t know. He said if we are going on the boat, just lock our guns up in one of the storage lockers. Unbelievable.

Make sure your information comes from reliable sources. Don’t take advice from Internet lawyers. They might be correct, but if they’re not, who suffers the wrath of the legal system? However, the Internet does have a few well-researched websites that have taken great pains to bring accurate information to the concealed pistol carrier. One such website is https://handgunlaw.us.

New York, among others, is not a preemption state, so individual government units can restrict the carrying of weapons in their jurisdiction. There are so many disjunct laws across the United States that it can be a harrowing experience. If you are travelling through a particular state, do you know if you can carry in their state parks, national parks, motel rooms, campground domiciles, rest areas, or houses of worship? The list goes on and on, almost forever.

Until we get national carry reciprocity or constitutional carry in this country, spend some time doing your own research before travelling. A great place to start to search is the website I mentioned earlier. Actually, browse each state’s website and read their laws, restrictions, where to carry, etc. PRINT this information. Do this for each state or jurisdiction you will visit. Place their printouts in a folder and keep them with you. Careful study of this material will hopefully keep you out of trouble. Is that guaranteed? Of course not, but it is a great place to start. If they are not sure they can carry, I teach my students then do not carry. Please don’t be the guy (or gal) who starts spouting their Second Amendment rights, hoping to try your case on the street, because your words will fall on deaf ears while the jail cell closes behind you. When you must make changes in your carry-travel arrangements, do it before hitting the following state line or jurisdiction, not five miles in.

When you fly, make sure you have called ahead to ask the airline you’re booked on how their procedure works. I usually take an extra gun lock if I need to make someone happy at the airline or TSA (Transportation Security Administration). I don’t usually give endorsements, but I have found Delta to be one of the best in this regard, in my experience. I try to fly Delta almost exclusively because of the ease of transitioning through this process.

Allow me to relay an exciting story. I once travelled from Detroit to Las Vegas with my firearm. It’s important to note this was before 9-11. In Detroit, I was told I would need to go to the security office to retrieve my checked bag that contained my gun. I did just that, but there was no bag and no weapon. I went back to the baggage claim area, and there was my bag and my gun. Anyone could have grabbed it and taken it off. Apparently, there was a gun in the bag because the airline had placed a bright orange sticker on the outside of the pack with big letters that said FIREARM. Fast forward to my last trip a few weeks ago. I had to go to TSA and retrieve my bag and gun as special baggage. It was much safer now. I’ve also had the experience of teaching the TSA agent the correct procedure of checking that the firearm isn’t loaded and that the magazine is empty.

Keep in mind that firearms are not allowed in the sterile areas of the airport. This means you cannot carry a firearm beyond the entry point to stand in line at TSA. Airports set their own rules on this, so be aware. When I was a bodyguard for the sales reps with LeVian jewelry, we had a special entrance through which we could travel. Of course, I had to be squeaky clean to get that approval. Most times, if we had been accosted, I would have had to use hand-to-hand skills to guard the rep. Were people after the agent? They wanted the 10 to 12 million dollars of cut and unmarked diamonds he had in his bags. The people I mentioned, whom we considered the most significant threats, were drug cartels that could convert the diamonds to easy cash on the black market.

It is difficult to comprehend the vast scheme of gun laws that change from state to state and jurisdiction to jurisdiction. For example, in Michigan, you may not carry a firearm into a church, house of worship, or another religious meeting unless you have the permission of the presiding church official. However, Governor Ron DeSantis signed Florida’s “Church Carry” law in 2021. HB-529 allows concealed carry into churches, houses of worship, etc. HB-529 still enable churches to exercise their private property rights where guns are concerned. Still, this bill allows concealed carry until otherwise notified, unlike Michigan, where one cannot carry in a church unless told they can carry. A subtle difference perhaps, but a difference, nonetheless.

Other restricted locations in some states may include a national park located in that state. As of this writing, the federal government allows the state government in which a national park is located to enforce their state laws about carrying guns. For example, in Bryce Canyon, located in Utah, as long as Utah has reciprocity with your state and you are legally allowed to carry in your state, you carry in Bryce Canyon. Keep in mind that some larger national parks cover more than one state. Simply because you enter one state and exit the park in another does not mean you are in legal possession of your firearm. Keep in mind that you cannot carry in federal buildings, which means no guns in any building in a national park. These can include the visitor center, ranger station, information booth, or another outbuilding.

Another important aspect of travelling with guns is magazine capacity. You may drive through one state where you can carry your firearm but cross into another state where you may carry your firearm, yet suddenly, you are subject to the second state’s magazine capacity restriction. Usually, the capacity is limited by the number of rounds the magazine can carry, not the number you have placed in them. For example, if I am in a state with a ten-round magazine capacity limit and I only have ten rounds in my fifteen-round magazine, I violate the law.

When we think of travel, we usually consider driving and flying. But what about the confusing restrictions on trains and buses? Amtrak rules are very similar to conditions on transporting firearms on any commercial airline, with a few minor differences. You must contact Amtrak at least 24 hours before departure and make a notification you are planning to transport a gun. The firearm must be in a locked, hard-sided case to which you retain the key. Check-in no less than 30 minutes before departure. Firearms may only be transported in your checked baggage with no firearms in a carry-on bag. Greyhound does not allow the transport of firearms of any kind, at any time, on any bus…period.

When people travel for pleasure, they sometimes avoid airports and choose to go in an RV. Transporting your gun with you in your RV can be tricky, too. Generally, if your RV is not hooked up to utilities and you are on the move, it is considered like an automobile, and the state law about guns in cars applies. You would still be subject to state laws that may require concealed carry permits, etc. When stationary and hooked up to utilities, an RV is considered your home for that stay. Ensure the campground or park you stay at allows firearms; you could be in violation if they don’t.

It’s easy to see now why laws can be confusing when it seems each jurisdiction has set rules on carrying a firearm in their locale. Make one minor mistake or even misinterpret the law and commit what seemingly is a petty offence and you can land in jail. After attorney’s fees, bail, fines and costs, you’ve dropped $5,000 and missed out on your travel time.

Be careful, be safe, and check and double-check every jurisdiction you enter. It will save you time and hassle when wading through the mud pit of firearm laws.

Sunday, May 1, 2022

Why are American seniors being targeted this way?