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National Freedom to Carry 2017

“H.R. 38: Concealed Carry Reciprocity Act of 2017” (Hudson, R-NC 8th District)
https://www.congress.gov/bill/115th-congress/house-bill/38
01/12/2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, still there (2/28/17).

NOTE: This bill will likely go through amendments before enactment. It will likely be subject to the "bureaucracy affect," where local "officials" interpret it to suit their preferences, since many do not approve of what this accomplishes -- it frees ordinary Americans to keep and bear arms nationwide, with conditions. Take steps to avoid being a test case.

Introduced Jan 3, 2017. The best national-carry bill so far, we'll do well to enact it, though as written it has some serious problems in need of change. Leftists are likely to fight this one, their hatred for our rights is well known.

The Gist:
If you can legally have a firearm, and you're carrying valid government-issued photo ID, and you have a valid concealed-carry license, or you are simply entitled to carry concealed in your state, you can have or carry a concealed handgun in any state that either makes a carry license available to its residents, or doesn't prohibit concealed carry for lawful purpose. That now includes all 50 states. The bill language uses multiple terms (e.g., possessing, transporting, shipping or receiving; license or permit, etc.) for precision, replaced here with single terms to get the point across clearly. The bill itself is almost five pages long. https://www.congress.gov/bill/115th-congress/house-bill/38/all-info

The statute doesn't say it in so many words, but this is full recognition of Constitutional Carry -- no government interference with the right to bear arms -- for people from states that have reached permitless Freedom To Carry (FTC; see also, Diplomatic Carry, the next step up, http://www.gunlaws.com/DiplomaticCarry.htm). America has 13 FTC states so far, with 20 actively working on it. http://www.gunlaws.com/ConstitutionalCarryIndex.htm.

The new law does this by referring to a person who, “is entitled to carry a concealed firearm in the State in which the person resides.” That's everyone in FTC states. But watch this word entitled with care, it is a cornerstone of liberty or a brick in the wall.

So-called “gun-free zones” get federal recognition. The law specifically recognizes state laws that allow private persons to create gun-free zones, either real or make-believe, and the same for state or local governments. Though not explicit, the direct implication is that Freedom To Carry excludes “authorized” gun-free zones, whether real or pretend.

Freedom from Arrest, Sorta. The statute provides that, if you are carrying and in compliance, you “may not be arrested or detained” for anything related to the firearm. If that said “shall not” instead of “may not” it would eliminate a lot of dangerous wiggle room. You do remain subject to arrest while carrying if, “there is probable cause to believe that the person is doing so in a manner not provided for by this section.” It's not clear what this might encompass, though it seems to say you must be in compliance to be protected. Proper ID is “facially valid” and “prima facie evidence” that you are correctly licensed under the law. The protection does not seem to extend to any other violations or offenses.

Balance the “may not be arrested” part however against this language that comes later: “When a person asserts this section as a defense in a criminal proceeding...”

So you could end up caught in Tell-it-to-the-Judge. To discourage state and local governments from acting against you, first, the prosecution has the explicit burden of proving beyond a reasonable doubt, the highest standard, that you were out of compliance. Next, if you use this law as a defense and the government loses, they must pay your legal bills.

For extra measure, the statute includes a guarantee similar to 42 USC §1983, a right to a private claim of action against the state, including damages, other relief and legal bills. If you are deprived of any “right, privilege or immunity” secured by this law, using any “statute, ordinance, regulation, custom or usage” of any state, you can sue. This seems to set up a conflict with the permission for no-guns signs in section (b)(2): They can set up no-gun zones and you can sue if your rights are denied. The right to sue is only against the government, private zones in section (b)(1) are not mentioned.

A new definition of handgun is introduced, only for the purpose of this statute. Redefining terms is always a great cause for concern, unexpected results frequently lurk, and this one has several dark corners. Nothing prevents authorities from taking definitions from one place once enacted and using them in other places, “as matters of settled law.”

The statute says: ''The term 'handgun' includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine.” It seems the bill seeks to protect a traveler in an unfriendly jurisdiction, who might be cited just for the magazines or ammo, because in some states, magazine size matters, as can ammo type. The gun you carry includes its ammo, but this doesn't quite say that.

If this passes, magazines become handguns by definition. Possession of handguns introduces all sorts of complexity, that now starts applying to empty or loaded magazines, complexity skyrockets, rights shrink. The bill says “any magazine for use in a handgun” so any magazine is affected.

Ammo Redefined. Regarding ammo, only ammo loaded into “the handgun” is a handgun for the purpose of this law (loose ammo remains plain old ammo). The implication is ammo loaded into the gun the person carries. And next, ammo loaded into magazines for that handgun, though not necessarily in it, are handguns. If you have a loaded or empty magazine you have a handgun. If you then acquire a matching pistol, do you have two handguns? Is a six-shooter seven guns? Those are the easy problems. Walking past a school zone with an empty magazine would almost violate state versions of the next law.

National assets are open to armed citizens. A person carrying under the terms of this statute may do so in any public areas of the National Parks, a National Wildlife Refuge, public Bureau of Land Management lands, Army Corps of Engineers land, and Bureau of Reclamation land.

Is Trump True on Media Truth

This is what an ombudsman is for


(the media though has fired them all)


The lamestream media told you:

Donald Trump has accused the media of being dishonest, among the most dishonest people in the world. He is literally waging a war against the media on these grounds. We resent and refute these assertions. They are untrue. We do not run fake news. We strive for accuracy and excellence. We have ethical standards we publish and follow.

The Uninvited Ombudsman notes however that:


Most news outlets have ethical guidelines published. Here's one. From the Associated Press Ethical Standards: "The newspaper should guard against inaccuracies, carelessness, bias or distortion through emphasis, omission or technological manipulation." (emphasis mine)

Guns are fun.

One hundred million gun owners know this is true. When have you ever seen any story like this in a paper or network or cable newscast? We buy about nine billion rounds of ammo every year because guns are fun, the number two participant sport in the nation. The media's claim that they are honest and fair is nonsense. They are distorted, biased, prejudiced against guns, and it shows in everything they do. They fake the news.

Guns save lives.

Guns stop crime.

Guns protect you.

People save their lives constantly because they are armed.

Guns are why America is still free.

Shooting ranges are open and busy all year, all around you,
(just like, say, malls and restaurants which you do see covered).

While the tiniest sliver of this leaks into the "news" on rare occasions, half the nation experiences it live, on a daily basis. We have gun shows attracting masses of people every weekend in every state. With tons of guns and kids in strollers and hot dogs and a good time. Everyone survives, the image of America the "news" portrays has no sense of this gun reality whatsoever. The propaganda gun-violence narrative proceeds non-stop to cover it up. It's a coverup. It is fake news indeed.

The "news" is driven by an agenda that promotes (not reports) the exact opposite of reality. Reporters hate guns and it shows. They do not go to the range, they do not follow new developments in product design. When they sneak into gun shows they present them as lawless arms bazaars instead of the family friendly events taking place constantly across this fine land. Even images of officials responding in emergencies zoom in and emphasize the arms they carry (never fired because they arrive too late), a point never made.

"inaccuracies, carelessness, bias or distortion through emphasis, omission or technological manipulation." Code of Ethics.

I rest my case. The new president is exactly accurate, on this subject.
Hey Wolf, Anderson, Rachel, Chris, Brooke, Don, Lawrence, the lot of you, figure it out.
I can 'splain it to you.

If you'd like similar accuracy on 163 other subjects, read my prior Uninvited Ombudsman reports, Page Nine:
http://www.gunlaws.com/PageNineIndex.htm

Media outlets used to have ombudsmen: "public advocates with a significant degree of independence, representing the interests of the public, addressing maladministration or a violation of rights; discontinued by news media by the turn of the 21st century.

Hussein-Obama's Last-Day Lead Ban

Yes, it's real, but there's more to it

Acting on his last day in office, the 44th president who for eight years swore he supported the Second Amendment, but did virtually nothing independently to demonstrate that (he was forced into a few less than disastrous moves), had the U.S. Fish and Wildlife Service issue a directive to ban the use of lead on lands they control. This will affect hunting and fishing on those public lands. You can read the entire directive here:

https://www.fws.gov/policy/do219.html

Key portions of their announcement sum it up:

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Washington D.C. 20240

Sec. 3 What is the Service's overall policy?
It is the Service's policy to:
Require the use of nontoxic ammunition and fishing tackle to the fullest extent practicable for all activities on Service lands, waters, and facilities by January 2022, except as needed for law enforcement or health and safety uses, as provided for in policy.

Sec. 5 What steps will the Service take to phase in the use of nontoxic ammunition and fishing tackle?
a. The Service will continue to support targeted research to understand the human, fish, and wildlife health benefits of using nontoxic ammunition and fishing tackle.
 
b. The Service will continue to work with states and other partners on education efforts regarding the benefits and effectiveness of nontoxic ammunition and fishing tackle.

Sec. 6 When is this Order effective?
This Order is effective immediately. It remains in effect until we incorporate it into the Fish and Wildlife Service Manual, or until we amend, supersede, or revoke it, whichever comes first. If we do not amend, supersede, or revoke it, the provisions of this Order will terminate on July 31, 2018.

Date: January 19, 2017

Hussein-Obama left office on Jan. 20, 2017.

The National Shooting Sports Foundation remarked:
http://www.nssfblog.com/nssf-calls-foul-on-usfws-directors-parting-shot-on-traditional-ammunition/
Jan. 19, 2017
NSSF Calls Foul On USFWS Director's Parting Shot On Traditional Ammunition
NEWTOWN, Conn. - The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms, ammunition, hunting and shooting sports industries, condemned the decision by U.S. Fish and Wildlife Service Director Dan Ashe banning the use of traditional ammunition on Service lands in just five years.

The parting shot, Director's Order 219 , was issued on the final full day of President Obama's administration. The last-minute action revives an effort the administration undertook eight years ago to ban the use of traditional ammunition. <snip>

Politics is a dirty business, especially when played by dirty players. Moves like this may be technically legal, but they are unethical. They lack honor. Fortunately, this maneuver can be reversed administratively.

2017 SHOT Show

The biggest trade show on Earth, for the #2 participant sport in America, the shooting sports, a constant gold-medal winner at the Olympics, all but ignored (or vilified by the lamestream media. It is no wonder the new president calls the media fake news. They are. They do nothing but vilify the very thing that keeps Amerians safe, gives them pleasure, and keeps the free world free. The tiny percentage of evil, ghettoized miscreants who wreak havoc on themselves and others, are ignored in large measure by authorities, and are promoted on front pages to sell audience size by corrupt reporters and editors who are now among the worst enemies of freedom our nation faces. Journalists can't see it, don't understand it.

The show this year, as in past years, exhibits the latest greatest gear and advancements in self defense, military and police weaponry, accessories, open only to the trade, like other professional trade shows.

Even walking is tricky with more than 100 countries represented and nearly 65,000 people in attendance at the SHOT Show, a truly international event.



The Press Office (nice digs, huh?) is always a place for making new friends and valuable contacts, I spend a lot of time there, with 2,500 other members of the trade press. Attorney Lara Smith is the national spokesperson for the California based Liberal Gun Club -- who knew there was such a thing? Turns out liberal is not a monolithic thing, with awareness alive in some spots. A growing interest in sound Second Amendment principles is developing and it bodes well for freedom, people who own and fire guns, "get it." With liberals starting to fear their government, and asking me how to arm, how long will it be before Glock and Colt start to advertise in Rolling Stone. It's a monumental and untapped market for hardware, training, education.



A flag made from shotgun shells speaks for itself, a real eye catcher.



Call me square, I don't get this. There's a mud flap babe in white on the mag well, a little hard to see. Guys buy it for their women? Women buy it for themselves? Overheard: "I wouldn't be caught dead with one." Interesting irony that, no?



Similar question -- camo with candy pink straps? Who's the appeal? Girly men? Women who don't understand camo? Halloween? Gag gifts? The LGBTQ1A queer questioning non-hetero non-cisgender
intersex community? Apologies Mossy, I had to get that out. Nice bags. Everyone already knows you make good stuff.




You only think you're crouched low and hiding if the other guy has telescopic night-vision optics. A still frame snapped from a video. The surveillance gear on display was terrifying (for the civilians) and mouthwatering for the warrior-types in the crowd, plenty of both. You only think you're armed if the other guy is armored.




Loads of celebrities at every turn, here VISTA Outdoor Media had four top competitive shooters on a panel taking questions from an audience, transfixed by their knowledge, experience, comfort in front of a crowd -- these folks knew more about guns, shooting traveling to compete, it was hard to tear away and see the show, which is too big to see in its entirety anyway.



Best illusion of the show -- this indoor range used to demonstrate a target system is basically a flat piece of paper. Yup. The rails over the woman's head terminate at the screen and hold the target carrier. The whole thing is the depth of a regular booth, give or take, and that's a non-firing pistol. One of the most innovative displays I've ever seen, from Action Target in Utah, who had a lot of other goods spread out.





Radio Row was packed on the first floor with national and regional talk show hosts, live during the entire event. Here's Lars Larson and his finger-pointing producer Carl Sundberg --  we promised each other we would make time for a short segment but it didn't happen before he was off air. SHOT is so overwhelming far more gets promised than gets done, and you still get back to your room each night exhausted with a ton of leads and done deals. I didn't count how many interviews I gave, got buttonholed, scheduled some, set up some for after the show, still have some planned. Hey Lars, let's do it!




Wise-arse Mark Walters, on air in 200 cities with Armed American Radio, captured my soul as I captured his -- one day I want to stage this and do it with 15 people simultaneously -- what an image that would make! Mark had me on right after some impossibly tough act to follow, was it Hugh Hewitt? Who can remember, it all becomes a blur.




Dana Loesch had prime space on Radio Row for The Blaze.



In the show-stopper product category:


BIG GUN NEWS: When Congress restricted intermediate capacity drum-fed shotguns under Bill Clinton they did it by name -- the Street Sweeper, Striker-12 and USAS-12. The government basically said tell us you have it, and pay us for each one, or it's banned. Fail to do so and we can send armed agents to get you and put you in a cage for years.

It was such a stunning affront and infringement that no one thought about defeating the abuse, we just sat back and took it (effective 3/1/94). These arms were classified as NFA destructive devices and required registration with BATFE. You're looking above at a 25-round shotgun drum that will fit magazine-fed shotguns, perfectly legal, made by SGM Tactical in Knoxville. Freedom always seems to find a way.




The SHOT Show wouldn't be the same without a healthy amount of eye candy. There was a grab bag to choose from. I just grabbed one to share. Have a nice day.

Hearing Protection Act 2017

"H.R. 367 Hearing Protection Act of 2017" Duncan, (R-TN 2nd District)
https://www.congress.gov/bill/115th-congress/house-bill/367/all-actions

Introduced 1/9/17, assigned to Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, referred 2/6, still there 2/28/17.

The Gist:
When this bill is enacted, silencers are removed from the restrictive NFA law (National Firearms Act, dating back to 1934). The $200 "transfer tax" ends for all transactions from Oct. 22, 2015 and going forward. Silencers become treated as ordinary firearms, subject to the same manufacturing, possession and sales rules as ordinary long guns and sidearms, at the federal and state levels.

A person lawfully getting or having one will be treated as if they meet any registration and licensing required under the National Firearms Act. A law within a state that interferes with making, transferring, using, possessing or transporting a silencer, or imposes a tax, or requires a mark, record keeping or registration of a silencer, "shall have no force or effect."

Basically, if the statute operates as intended silencers become regulated only under the gun laws the public is familiar with, in 18 USC §921 and beyond ("et seq." in Latin). If there was stock in a silencer company, it would be a smart buy. Home manufacture for personal use would fit within the law. On passage we could reasonably expect a slew of new firms, models, integral pistol designs, holsters and more.

Just nudge government out of the way, economy flourishes, textbook theory proves itself again, I love saying that every time it happens.

Potential snags are everywhere unfortunately. Some states will hate this, feds telling them what to do, they'll be tempted to sue, to declare it unconstitutional. Cities get around tax bans... by imposing "fees." The lists, as all lists do, leave wiggle room, look again, watch some city will try to "certify" the products, that's not registration, right? The definition of silencer is deleted from the NFA statute, and then anyone getting or having one is treated as having registered and licensed it. That's sort of odd, though it does address the many little tax, transfer, approval and transport burdens the law also would require. The definitions in the regular gun laws would likely apply (this is stuck in tax law, Title 26 Internal Revenue Code).

To help make things difficult to understand, Congress refers to "Section 5845(a) of the Internal Revenue Code of 1986" and amending, striking out, and adding language. They could instead refer to our statute directly (26 USC §5845a), which is easy to find and read, and say: Delete this from "(a)," the list of weapons:

"(7) any silencer (as defined in section 921 of title 18, United States Code);"

NOTE: You can find this section on page 260 of ourbook Gun Laws of America.

Silencers are environmentally friendly devices, contributing to more peaceful surroundings, with excellent health benefits in protecting hearing and lowering stress. The muffled report allows for easier placement of practice ranges, and improves training, with better communication between student and instructor. If OSHA was doing its job, silencers would be available at Walgreens and Rite Aid.

Read what people are saying about Page Nine, or tell Alan yourself.

See the archives below, or click through to an index of Page Nine posts at Gunlaws.com

About the Author

  • Freelance writer Alan Korwin is a founder and past president of the Arizona Book Publishing Association. With his wife Cheryl he operates Bloomfield Press, the largest producer and distributor of gun-law books in the country. Here writing as "The Uninvited Ombudsman," Alan covers the day's stories as they ought to read. Read more.

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