The Challenge To Carry

Now after the rally I came to the conclusion that it was time to make sure I was always in possession of a firearm. After all what good is a firearm at home when you out at the store or to a meal with the family. The choice between carry style as far as Open Carry, in other words out there for all to see. Versus Concealed Carry, hidden from plain view is a personal choice for each person. Some are only one style or the other, and others will mix it up depending on any number of factors.

Personally I prefer to conceal, I'd rather keep the bad guys guessing but again that is me. I'm sure there will be times I have it out in the open, as an example today on the 4th of July I'll have it in plain view in honor of those who picked up the musket and went to war to secure our freedom, and those who served to defend our freedom.

Now my challenge is in response to a woman from the Brady Campaign who decided to see what is was like to own a gun for 30 days and do only the minimum to purchase, be able to carry concealed, and be ready to use in defense of herself and others in private and public. Now I applaud her for stepping outside her comfort zone, certainly it is not easy to do, but I take issue with her idea of minimum required. She had no idea how to clear her new weapon, remove the magazine, or chamber a round to use. Her ignorance shows through by the fact that she never once mentions taking a class to learn to use her firearm.

Here is my main issue with the anti, commonsense law crowd. They know nothing about how a firearm works in reality. All their information seemingly comes from movies, TV shows, and fictional books. Responsible gun owners have commonsense, if we don't know how something works we take a class to get familiar with its operation. Anyone who reads it and doesn't shake their head at her lack of commonsense find a gun owner explain to them how you don't find any issue with her actions and see if they can explain it to you better. If you find me, well I'll Gibbs smack you and then tell you why her behavior needs to be corrected.

At one point near the end it seems as if shes thinking about committing murder in her local Starbucks. I have to call bullshit on that one, just because she bought the firearm doesn't mean it suddenly took control of her free will. Any crime she commits is because of her own free choices, the firearm is tool the thoughts where in her head before she owned it. For her and her ilk it would be an easy thing to blame. In cases like that I think we should blame pencils for misspelled words, forks for making people fat, and cars for DUI accidents.

So this is how I will respond, I will carry everywhere I go that I can legally do so a mix of open and concealed carry to see how it works for me. An American citizen with commonsense, that actually uses his head just like the millions of gun owners who daily manage to think things through and just because we carry doesn't provide an urge to commit murder.

Events of the Erie 2nd Amendment / Premption Rally

Now with the last week or so being I really wasn't able to get to this any sooner. Why I chose today to get this done only God knows why. I think it may well have something to do with it being the 4th of July, but read on and see what happened through the eyes of a person with nothing to gain for printing lies. After all I do this for free so I have nothing personal to gain.

I made my way into Erie about 10 am and along the way in stopped into Bob's Gun Shop and Indoor Shooting Range. Now with the questions over the ordinance and being a married man who has his family to worry about I was going up empty holster. A conversation with Bob and a few moments later I had a red training Glock in my XDs holster. Bob rounded up a few more and let me take them with in an attempt to show our contempt to the city over the ordinance that for all I can see is beyond state law.

I'm certain there are some who would wonder why I did not just take my XDs and thumb my nose at the city. Simply put if you factor out my wife's concerns about how far the EPD would be willing to go to enforce the ordinance. Why would I risk the chance of the city making $300 off me, if I'm putting $300 forward it was going to Joshua Prince who is the attorney of record for the group Open Carry Pennsylvania. As I make my way down to the area around Perry Square I meet up with Joshua and his father for the pre-rally meal.

Now we sat down to eat and discuss many topics mostly related to gun rights, and the case against the city. I mean from trial court to state supreme court inside 24 hrs it is certainly is worth note to many of us. So as the meal came to an end we gathered outside and watched the clock tic away until we could enter and begin. I had heard from many attendees that the EPD felt the need to remind them multiple times that the rally didn't start until 1 pm. This seemed like over the top behavior to provoke a response, but those I stood with laughed it off and wouldn't bite or give the EPD any reason.

Now when we walked over to the park a couple of people began circling the park. One of the first things we took note of was the trash laying around the park much off it just short of the can. Many of us called this into question on social media as we didn't need the city trying to claim to the media we trashed the park. The other big observation was a set of drunken individuals who continued to drink and took issues with one member of the rally prior to our entrance. While I don't know the problem I do know Chief Mark Kessler was in attendance and proceeded to call the EPD and report everything he witnessed.

For those who are not from or ever been in Erie, PA let me make one thing very clear. City hall and the EPD are on the other side of the street from the park. So 100 to 300 yards away at a max, and it took them almost 30 mins to start walking through the park. There arrival was not about the call made by Chief Kessler but rather to follow orders, as was obvious when they merely shoo'd away "One Eye Willie".

Justin wanted to be the man to lead the group in officially to begin the rally, so we did allow him that honor as we proceeded into the park. When asked if he was aware he was breaking the ordinance he responded "I know." While the EPD tried to press for ID's no one produced theirs under the advisement of the Prince Law Firm. The EPD officers were told as much on multiple occasions.

This is the point were those of us in attendance continued filming and photographing to include the members of the EPD present, who in turn were filming us. Sometimes shoving the camcorder right in the face of a person in attendance. When the speeches began the EPD proceeded to record the tags of every car, truck, and motorcycle around the park. The grand idea is to use facial recognition to issue the tickets once they identify everyone who was there and in violation of the ordinance. With the kicker being in my mind that the ordinance has no exemption for law enforcement, so every uniformed officer in attendance was also in violation of the ordinance.

Now to read the Erie Times News they'd have you believe that the citations were written then, alas that is a load of crap. If the EPD wrote a ticket it certainly wasn't for an ordinance violation. Now to listen to certain types of people like the city solicitor, or Justin's biggest fan Russ they'd have you believe that our firearms will just randomly jump out of the holster and go off. Well they didn't and they stayed put through it all. The fight against the city's blatant disregard for state law continues and on this the 4th of July I feel it important to make sure unbiased information as possible is listed for the public.

Yesterday while at work one of the local stations had the city solicitor on for an interview. Of course they tossed up softball questions and he couldn't even keep from stuttering through them. He ignores the issue of the city's violation of state law using the SCOTUS decision in Heller to justify keeping the ordinance. While the PA supreme court has their own rulings on similar cases involving Chapter 18 Section 6120 violations. So we stand up against what we consider and unlawful ordinance and place it before the higher court to consider.

Second Amendment Rally In Erie, PA

This Saturday June 22, 2013 at 1:00 pm there will be a rally in support of the second amendment. Since the tragedy of Sandy Hook there have been numerous calls for greater gun control. The one thing that many people don't seem to take into account is that these laws will not effect the way in which criminals behave. The real end result is to create a greater pool of victims for criminals. The activist group Open Carry Pennsylvania is conducting this rally and encourages all to attend who support the Right to Keep and Bare Arms.

While Pennsylvania is an open carry state the issue with the rally on Saturday is a city ordinance that prevents the carry of firearms in city parks. Currently Open Carry Pennsylvania founder Justin Dillon is fighting the city based on the state's preemption law. A short blurb reads as follows.

   Section 6120(a) of the Uniform Firearms Act which states: "No ... municipality ... may in any manner regulate the lawful ... possession ... of firearms ... when carried or transported for purposes not prohibited by the laws of this Commonwealth."

While a first line effort to place an injunction against the city ordinance was denied, Mr. Dillon's Lawyer Joshua Prince, Esq. has filed an emergency appeal to a higher court at this time. Currently all supports of the second amendment, and working to repeal this ordinance which by my layman's understanding of the law is illegal under Pennsylvania law. The city ordinance reads as follows.

Hunting and Firearms. No person in a park shall hunt, trap or pursue wild life at 
any time. No person shall use, carry or possess firearms of any descriptions, or air-rifles, spring 
puns, bow and arrows, slings, paint ball weapons or any other forms of weapons potentially 
inimical to wild life and dangerous to human safety, or any instrument that can be loaded with 
and fire blank cartridges, or any kind of trapping device. Shooting into park area from beyond 
park boundaries is forbidden.

Now Erie parks especially the one where the rally is to be held are not known for dense tree cover, or anything more than the required couple of squirrels. Additionally given PA's hunting laws it is illegal to hunt there anyway as it does not meet distance requirements I remember as a young boy. 

Of course no ordinance  or law is complete without a penalty. What is it you ask? Well as printed in an Erie Times article this is the penalty you face for carrying in a park.

Violation of the park-related city ordinance is a summary offense punishable by a fine of $100 to $300 and a maximum prison term of 90 days for failure to pay the fine.

Now let me get this straight, the city expects their citizens to go into the park unarmed. Now if you get attacked I'm guessing they'll expect you to tell the person causing you harm to hold on while you leave the park area so you can retrieve your gun, cause as we all know criminals are so willing to allow you to even the odds or gain the upper hand before they victimize you.

It is time for the people to wake up, take responsibility for their own safety and protect themselves. I know I have and I am willing too if necessary. If some one breaks into my home 911 will be called, but it will be with my phone in one hand and my gun to protect myself, my family, and my home in the other.

Some information taken from the Pennsylvania Firearms Owners Association. Visit them at www.pafoa.org

Back to educate and advocate

When I started this blog out was for a class project. Now in the wake of tragedy I return to educate inform and advocate for a common sense approach to how law makers approach their next moves. I oppose all feel good legislation and that is what keeps happening. I suspect that there will be people on both side of the issue to comment. My only rule is to be respectful I will not tolerate insults and name calling here. Now if you can abide by that rule feel free to contribute.

Pennsylvania License to Carry Firearms

Within the state of Pennsylvania to carry a concealed weapon you are required to obtain a License to Carry Firearms. This is a process wherein you go to the county sheriff's department and fill out the application and pay a nominal fee. In Erie county the process is simple. You are "required to have a valid Pennsylvania state drivers license, the fee is $26.00, and at that time they will take a photo of you." ("Erie county sheriff's,") After you complete these steps the sheriff's office will begin their investigative process.

The process itself has a time limit of 45 days for completion, but can be completed sooner. During this time they check that the applicant has not lost their right to carry "in accordance with 18 PA C.S. section 6109." ("Carrying firearms in," )  If any violations are found then they will be denied the license. In addition if the applicant's reputation or character is in question they may deny the applicant.

Should the applicant be approved to carry in a concealed capacity they will be issued a license. "This is valid for 5 years, unless revoked sooner." ("§ 33.115. pennsylvania," 2001)  This could be due to misuse or related criminal conduct. In all the original plus two copies will be in existence. The original is given to the licensee, the first copy sent to the Pennsylvania State Police, and the second copy is kept on file with the issuing authority. They retain this copy for a period of six years.

Still the license to carry, does not mean you can go and buy a firearm. All individuals are still required to go through the standard background check for purchase.



§ 33.115. pennsylvania license to carry firearms. (2001, February 23). Retrieved from http://www.pacode.com/secure/data/037/chapter33/s33.115.html

Carrying firearms in pennsylvania. (n.d.). Retrieved from http://www.portal.state.pa.us/portal/server.pt?open=512&objID=4451&&PageID=462424&level=2&css=L2&mode=2

Erie county sheriff's department. Retrieved from http://eriecountygov.org/sheriff/divisions/firearms.aspx

Pennsylvania open carry and the Dickson City incident

The state of Pennsylvania allows citizens to openly carry their handguns with no permit being required. For some people the right of open carry is one they exercise to the fullest. For others it is something they can not understand, and often feel uneasy in the presence of those who do carry. As many people do not know the laws in their own state it leads to fear and police involvement.

As an example in May of 2008 members of the Pennsylvania Firearm Owners Association met for an open carry dinner at The Old Country Buffet in Dickson City. (Damage control, 2008) As a result patrons inside who were unaware of the law and uneasy with the idea complained to management who in turn called the local law enforcement. When the officers arrived they proceeded to insist that everyone one open carrying come outside with them.

As members of the group went outside they were told to produce identification and permits, which several members of the group say is not necessary when you open carry. As one wife filmed the proceedings they told her to stop filming and when she refused to consent the officers demanded she stop she complied, but let them know she did not consent. A long process of owner and gun identification followed, with the district attorney's office involved looking up case law to try and figure out if the group broke any law.

One member of the group who refused to produce papers at the time was Rich Banks. He did however agree to verbally identify himself, and found himself cuffed and in the back of a cruiser before it was all over. "At the time the officers placed him under arrest he did inform the officers that he was also carrying a concealed weapon." (armed_citizen, 2008) That had an end result of being confiscated until he could prove ownership, as it was not listed in the database. Pennsylvania does not have a registration requirement for handguns.


Damage control, . (2008, April 11). Pa. patriot arrested at the oc dinner @ the old country buffet in dickson city 5/9 [Online Forum Comment]. Retrieved from http://forum.pafoa.org/open-carry-144/21292-pa-patriot-arrested-oc-dinner-old-country-buffet-dickson-city-5-9-a.html

armed_citizen, . (2008, May 21). The dickson city police report - what we expected, only worse . Retrieved from http://guntruth.blogspot.com/2008/05/dickson-city-police-report-what-we.html

History making laws

The right of American citizens to keep and bear arms comes from the second amendment to the Constitution, and states "A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed." ("Bill of rights," 2011) Within this one amendment our founding fathers could not know the future trouble and debates that would arise. Numerous laws and regulations at every level of government have arisen in the last half century.

As people find more ways with which to commit crimes using guns. Governments find more ways to regulate their purchase and use. Two of the biggest changes came from the assassination of President Kennedy with the enactment of the "Gun Control Act of 1968. Then the attempted assassination of President Reagan in 1981 led to the "Brady Bill" signed into law in 1993." ("Brady background checks," 2011 )

As the debate rages on today over the second amendment and its intent. People find themselves with many opinions to consider. A statement made by many advocates of the second amendment is laws do not prevent criminals from getting and using guns. They only prevent those who follow the law from owning guns. As more information is uncovered about the wide range of laws in existence there may be credence given to that sentiment.

Bill of rights transcript. (2011, February). Retrieved from http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Brady background checks the brady law. (2011, February). Retrieved from http://www.bradycampaign.org/legislation/backgroundchecks/bradylaw