Open-carry gun activists laud N.C.

The Sun News

Randy Dye will sometimes carry a gun on his hip, right out in the open, no jacket pulled over it, no inside-the-belt holster. It draws funny looks, and Dye doesn't much care.

One time, Dye explains, he was standing in line for a money order when the guy behind him asked, "Are you a police officer?" Dye said no, and the guy kept staring, so Dye stared back. "We good?" Dye asked, and the conversation stopped.

"I wasn't trying to intimidate," says Dye, a retired trauma nurse in Chatham County. "He approached me. If you don't understand your constitutional rights, you need to go read them."

In North Carolina, a grass-roots segment of gun rights advocates increasingly calls for firearms displayed as blatantly as a ballpoint pen in a shirt pocket. A national pro-gun Internet group, opencarry.org, ranks the state among the friendliest to those who wear a weapon for all the world to see. The state, like Montana, Arizona and Kentucky, gets a gold star.

Unlike concealed weapons, plain-sight guns are almost totally unregulated in North Carolina, where only a misdemeanor "going armed to the terror of the public" speaks to the issue. In contrast, gun-friendly states such as Texas and South Carolina are rated as relatively hostile to carrying unconcealed handguns in public even though they, like North Carolina, are among at least 48 states that have concealed handgun carry permit laws.

In the Triangle, more than 100 people have joined an Internet "meetup" group dedicated to open-carry firearms, getting together at a Raleigh Five Guys and a Cary Chik-Fil-A, encouraging even the skittish to attend. A similar group has formed in the Triad, and backers, including Dye, will hold a rally in Greensboro in August.

"It's gaining momentum," said Paul Valone, president of nonprofit firearms group Grass Roots North Carolina. "These are perfectly normal people. These are not gun nuts."

1995 restrictions

Before 1995, firearms advocates note, it was legal to carry a gun openly almost anywhere in public. But when the state's concealed weapons law passed that year, ending a 116-year-old ban on hidden guns, it also set up restrictions for guns of any kind - concealed or otherwise. Firearms are not permitted inside schools or government buildings, for example, and private businesses have the right to post prohibitions on their premises.

A recent Rasmussen Reports poll shows that 47 percent of Americans oppose open-carry laws, citing safety concerns, compared to 41 percent who are in favor. The Brady Campaign to Prevent Gun Violence has lobbied against overt firearms display. Even among gun owners, the question of open versus concealed carry creates a division, with varying degrees of eagerness or dismay about wearing a loaded pistol on the hip.

"I think a lot of people would have problems with that," said Hilton Cancel, a retired police detective who has a concealed carry permit and sits on the board of North Carolinians Against Gun Violence.

In arguing against openly packing a handgun in public, Cancel echoes one of the Old West lines used during the debate about North Carolina's concealed handgun permit law: "Parents with children, and seeing folks carrying guns out in the open, just kind of gives you the feeling you're in Dodge City."

Still, there is nothing on the books that outlaws overt weaponry, short of that misdemeanor that bans going armed "to the terror of the public," which generally doesn't apply to simple gun display.

For some gun rights advocates, carrying an unconcealed gun is an opportunity to vigorously exercise their 2nd Amendment guarantees and for self-defense. In May, Harris Teeter grocery stores faced a huge backlash from gun-carrying customers when the company posted signs banning guns, concealed or otherwise. The signs came down quickly. In 2005, Charlotte contemplated an open-carry ban, but later balked. Nationwide, Starbucks has won plaudits from gun owners for refusing to ban firearms in its stores within open-carry states, unlike stores such as California Pizza Kitchen, which allows only uniformed officers with open guns.

"The Constitution doesn't say I have the right to keep and bear arms if I keep them concealed," said Eric Shuford, an instructor at the Wake County gun range, who reports seeing more interest in open carry. "It says I have the right to keep and bear arms."

Armed, not ordinary

For Bubba McDowell, a blogger in Zebulon who considers the 2nd Amendment the most important part of the Bill of Rights, owning a gun is both a right and a serious responsibility.

He started open carrying 33 years ago and only got a concealed permit last year. People ask him about his gun every day, he said. When a Best Buy employee asked whether he was a police officer, a military man or an ordinary civilian, he replied, "I'm not an ordinary civilian. I'm an armed civilian."

"The usual question is 'Are you an undercover police officer?' because I have long hair and a beard," he said. "It's part of my wardrobe. As I put my belt in the loop. The pistol holster is part of the loop."

There is nervousness about open-carry, even among lifelong gun folks. Shuford will wear a gun in a grocery store, especially in the summer when it's harder to conceal. But the possibility of someone reacting badly to the sight of a gun is always there, so he limits the habit.

At Perry's Gun Shop in Wendell, Barry Perry reports heavy interest in concealed handguns, showing off rows of pistols designed for that purpose in his display case. Most gun owners don't want people to feel intimidated by a weapon out in the open, he said. Others worry that open carry is too extreme and likely to generate a backlash that cuts into other firearms laws. More, even passionate gun advocates, doubt open carry's effectiveness as a crime deterrent.

Even Valone, who advocates removing many of the restrictions attached to North Carolina's concealed carry law, has doubts. If somebody were robbing a convenience store in which he were buying a soda, Valone said, he'd rather they not know he was carrying a gun. It takes away the element of surprise.

Regardless, he advised, an open carrier needs to know the law. You can't take a gun anyplace where admission is charged or alcohol is served.

And when Dye led a protest last week outside Rep. Bob Etheridge's office in downtown Raleigh, he carried no piece on his hip - verboten at a public demonstration.

"We do our best to follow the law," Dye said. "We don't always agree with it.

"

Open Carry Push In Texas

Star Telegram

Gun-rights advocates pushing for open carry law in Texas

Posted Saturday, May. 22, 2010

By ANNA M. TINSLEY

atinsley@star-telegram.com

Texas is considered to have some of the most permissive gun laws in the nation, but gun-rights advocates are making it one of their top political targets because it is one of a handful of states that don't allow handguns to be carried openly.

"It's shocking that Texas, with its history of rugged individualism that the state symbolizes, doesn't allow open carry," said John Pierce, a co-founder of and spokesman for www.OpenCarry.org. If the Legislature doesn't approve an open-carry bill when it convenes in January, "then we'll see them in 2013," Pierce said, referring to that session of the Legislature.

Texans have been able to get licenses to carry concealed handguns in most places since 1995. Gun-rights advocates say it's time to let Texans pack their pistols in full public view as well.

Texas -- where it's still not unusual in some areas to see shotguns and rifles on gun racks in pickups -- is one of seven states -- the others are Arkansas, Florida, Illinois, New York, Oklahoma and South Carolina, plus Washington, D.C. -- without an open-carry law.

This month, Oklahoma lawmakers overwhelmingly approved an open-carry bill, only to have it vetoed by Democratic Gov. Brad Henry. The battle there continues as the House fell just short Thursday in a vote to override the veto. Legislators say they may try another override in the closing days of their session this week.

To Marsha McCartney, it doesn't matter what other states do. She doesn't want Texas to expand its gun laws.

"If you see someone with a holster on, are you just to assume this is a law-abiding person?" said McCartney, state president of the North Texas Brady Campaign to Prevent Gun Violence. "Are you to assume this person is safe to be around your family? People don't know this.

"It's common sense thrown out a window."

The idea of open carry was discussed in the Texas Capitol in 2009 and is expected -- along with other measures to expand Texans' gun rights -- to come up again when lawmakers get back to work in January.

Days gone by?



In Texas, more than 65,000 people have signed an online petition asking Gov. Rick Perry and the Legislature to make Texas an open-carry state. Perry says he won't rule it out.

"The governor believes our concealed-carry law works for Texas and that a person ought to be able to carry their weapon with them anywhere in the state if they are licensed and have gone through the training," Perry's spokeswoman Allison Castle said. "He would be open to looking at any proposals lawmakers bring to the table regarding open carry. I suppose we've got what you could call a Texas open carry since you can hang your rifle in the window of your pickup truck."

More than a dozen states require a license for open carry -- Connecticut, Georgia, Iowa, Indiana, Maryland, Massachusetts, Minnesota, Mississippi, New Jersey, North Dakota, Rhode Island, Tennessee and Utah. Another dozen allow open carry but don't require licenses -- Alaska, Arizona, Indiana, Kentucky, Montana, Nevada, New Mexico, North Carolina, South Dakota, Utah, Virginia and Wyoming, according to www.OpenCarry.org.

California allows open carry only in rural areas; the other 16 states are defined as open-carry friendly.

"This is a return to days gone by," McCartney said. "I don't live in a community where I want to see people with holsters. I think others probably feel the same way.

"Where are we going to draw this line? Or are we going to carry them everywhere?"

Legislative push

Pierce said he and other open-carry supporters will start talking to Texas lawmakers soon to see who might be interested in carrying an open-carry bill. In 2009, they focused on state Rep. Debbie Riddle, R-Tomball, because she seemed the most receptive.

In the end, Riddle didn't carry the bill, nor did anyone else.

State Rep. Leo Berman, R-Tyler, a former Arlington mayor pro tem, said he would consider voting for the open-carry proposal if it got to the House floor, which he said isn't likely. But that would mean that the proposal had significant support from lawmakers and gun-rights supporters in Texas.

But he said two other bills -- one that would let those who were older than 21 and had the right license to carry concealed handguns on college campuses and another to let licensees keep concealed handguns in their vehicles at work -- will likely get the bulk of attention next session. He said he would support those measures, both of which died during the 2009 legislative session.

Alice Tripp, a lobbyist for the Texas State Rifle Association, said Texans lost the right to carry handguns openly, except on their own property, in the 1870s.

"Fifteen years ago, when Texas finally passed their concealed-carry license, it was a major coup," Tripp said, adding that about 400,000 Texans now have a license to carry concealed handguns. "The license is a success."

While the rifle association is working on the measures for guns on campuses and at work, the group would support pro-gun legislation -- such as open carry -- if it got to the House or Senate floor.

'Open carry makes sense'

Texans who signed the petition say they support open carry for various reasons.

"I'm a firm, long time believer in my 2nd Amendment right to keep & bear arms! I hope & pray that the open carry law comes to be in the state of Texas & I urge the powers that be in Texas to make it a law," Tolbert L. Parfnell wrote on the petition.

John Daniels wrote, "Criminals will not rob armed citizens if they SEE the citizen is armed."

Jason W. Traynham wrote: "C'mon Gov. Perry, COYOTES are bad in Williamson County too. ... Open carry makes sense, most are carrying anyway either legal or otherwise."

Open Carry: not a return to the Wild West

Claremore Daily Progress

From Oklahoma:

Ben Sherrer
State Representative

OKLAHOMA CITY — Mention the two words “Open Carry” and many people have thoughts of turning our main streets into scenes from Gunsmoke or Bonanza.

Back in January when I first heard talk about an Open Carry firearms law in Oklahoma that was my knee-jerk reaction as well.

In fact, it was my perception that such laws only existed in states like Montana and Wyoming – states that stir images of the old west in our minds.

Upon doing some research I was surprised to learn that 13 States allow pure open carry without vehicle restrictions and 17 States allow open carry with vehicle restrictions.

An additional 13 States allow open carry with a permit. A total of 43 states have some form of open carry.

More important than the existence of open carry in other states is the absence of evidence that indicates widespread tragedies and unintended consequences have occurred as a result of open carry laws across the nation.

Similar concerns were levied when Oklahoma passed a concealed carry law, which has not resulted in adverse consequences either.

If House bill 3354 ultimately becomes law it will place us in the category that would allow persons with a concealed carry license to openly carry a firearm. In our state of over 3.3 million people, there are approximately 93,000 concealed carry permit holders.

The 2010 legislative session will conclude at the end of May if a budget agreement is reached. I am hopeful that a compromise can be reached that will stabilize funding even in the wake of a billion dollar revenue shortfall.

Please contact my office if you have any questions about pending legislation. I can be reached at bensherrer@okhouse.gov or 800-522-8502. Until next week, God bless you.

n Ben Sherrer is state representative for District 8.

Oklahoma Handgun Carry Law Supported Online

Tulsa Today

Reacting to Governor Brad Henry's veto of HB 3354, the "Open Carry Law," passed only days ago by majorities that could override the Governor’s veto power and make Oklahoma the 44th open carry state, hundreds of Oklahoma residents are now pushing Oklahoma Legislators for passage with a petition online demanding that open carry reform become law.

Petition founder Russ Cook told Tulsa Today, “This reasonable reform would only allow those who hold a concealed carry license to carry openly.

"Bad guys don’t carry openly in a secure holster. They conceal without any license or they brandish to terrorize people,” Cook added.

“Incredibly, Governor Brad Henry has vetoed this bill which merely gives Oklahomans 21 years and older with a licensed concealed permit the option to take their jackets off. By contrast, most states currently don't even require a permit to open carry a handgun for residents over the age of 18 years” Cook added.

Cook says the veto is a slap in the face of all Oklahoma gun owners. “On behalf of all citizens of Oklahoma, we call on the Oklahoma legislature to stand tall against Governor Brad ‘Veto Happy’ Henry, a governor who has cast more vetoes this year than most state governors do in their entire term."





A petition signer alert forum (click here to reach the forum) also urges every Oklahoma gun owner to tell their state legislators to reject the veto.


Should the bill become law, Oklahoma handgun carry laws will still be stricter than most states.

“If people stand silent while government continues to erode personal Liberty in America, that Liberty they love, that their forefathers fought and died to protect and held for generations will soon be gone forever. This is not about any one administration; this is about the Constitution and freedom,” Cook said.

Cook expects the Legislature to override the veto, but adds that they should remember that "gun owners in Oklahoma have elephant memories. Any legislators changing their vote to sustain a veto will likely have some company in their next party primary."

An unsubtle promise in a volatile political year.

Robocop's Comment:

I hope that they make it. It is a shame it has to come to this seeing that their governor is supposed to be Second Amendment friendly. I hope he pays at the ballots.

A Renewed Call For Open-Carry In Texas

KRLD News

A vote in Oklahoma is expected to renew the push here in Texas for an open-carry law.
It's unclear whether the governor of Oklahoma will sign off, but yesterday the state house voted overwhelmingly to approve allowing gun owners with permits to openly carry their weapons in public. There's been a movement for years here in Texas for the state's conceal carry law to be changed to allow licensed owners to carry handguns in plain sight, but it's always faced opposition from those who believe allowing it would be intimidating to those who don't own guns. Others worry the wrong people could wrestle away a person's gun. But, thousands in Texas have signed a petition aimed at pushing lawmakers to allow law-abiding citizens to carry their guns in plain sight. The debate will no doubt heat up ahead of the next legislative session here in Texas in January.

Royal Douche Award 04.30.10

This is going to be unconventional because I have two winners.





Winner #1 is: Sergeant Kody Lamb of the Sheridan Police Department in Wyoming for the ARMED bullying of a law abiding citizen, a blatant abuse of authority.


examiner.com

The Sheridan police are either unable to make proper judgment calls, or they believe in extreme authority opposite of constitutionally protected rights, you decide…

It was Sunday after spending the weekend in Sheridan for the local Tea Party, we were leaving the hotel to head back home, while driving only 100 yards away, there were two police officers coming up the hill on foot carrying AR-15 rifles.

As we approached them they stopped my vehicle and the officers yelled “put up your hands” to myself, wife and my little girl, then I was ordered to step out of my vehicle. (while armed of course)

The officer demanded my I.D. to which I responded “you aren’t getting anything, I didn’t break any law”.

The part that really sticks in my head is this- in one of his hands (Sgt. Kody Lamb) was an AR-15 Rifle and his other free hand shuttered like he was on an extreme adrenaline rush, I thought to myself he better keep his finger off the trigger.

I told Lamb “he had a duty to protect my rights and not act on the whim of a tourist that doesn’t know it’s legal to have firearms here”. I also asked him if he "read our Constitution”, Lamb said he was aware of what it said” then I said to him “didn’t you take an oath to uphold it?”

Then there's this- when the officer Sgt. Kody Lamb realizes he doesn’t have a beef, he threatens me with “disturbing the peace”. To which I responded “I was on private property with the owner’s consent”, and then Sgt. Kody Lamb stated it was a place frequented by the public.

This has become the norm, for police to twist things around when they want to bully someone.

I told Lamb “I want to speak to your supervisor”, Lamb responded with “I am the supervisor”, It was at this point that I knew the Peter Principle was in play, a philosophy that in a Hierarchy “Every Employee Tends to Rise to His Level of Incompetence”.

Why would officers respond in this manner to a “man with gun call” when their own report states about me- “is not seeming to be a threat just standing there”.

Why didn’t they ask more questions BEFORE ARRIVING, like this simple one- Has he threatened anyone?

Hell no, let’s just storm in there because we have a badge, guns and adrenaline.

Maybe this is a response to my speech at the Sheridan Tea Party, by the way when we were setting up for the event, a police officer questioned me about the way I was carrying my firearm. (holstered, cocked and locked and in plain view) I told him I always carry this way. he responded to me with "That's not what I asked you" citing this “he had a duty to protect the public”. I later asked him how he felt about “concealed carry without a permit” like Arizona just passed into law, he said no one should be allowed to carry without a permit. Are you seeing the anti-gun police union agenda? You know the "only ones" mentality.

The next day after the incident the police refused to let me have the dispatch recordings unless, I "have a subpoena", also I was told that the police report wouldn’t be available for a week, but apparently they handed their reports over to the local newspaper within hours of telling me otherwise. Does any of this sound suspect?
I also contacted Evidence Technician Stephen Johnson inquiring about exactly what statute they are using to deny the dispatch recordings, he has refused to return my call.

Wyoming statute states that “the person in interest” is allowed to have access to the recordings, but the the City of Sheridan would rather flex their power. The City Attorney Mia Mikesell said "she didn’t have to cite statute" to me and "it was their policy" to ask for a Subpoena, she then hung up on me.

It is these lawless Bureaucrats, Police and Attorneys that are nipping away at the Republic on a daily basis.

The question is- are we going to be silent and just let it happen?

The City of Sheridan web-site says: they have been voted #1 Western Town of the Year for its truly special qualities…“Enjoy a frontier spirit that values friendship – and independence”, really? NOT SO MUCH!

Area Citizens should call and tell them you don’t appreciate this kind of treatment and expect more from the police officers that work for “we the people”.

Tourists- call them and tell them you will skip Sheridan, tourism dollars will be spent elsewhere.

Sheridan City Hall (307) 674-6483

Robocop's Comment:

I have worked with a few cops who have the "only us" mentality when it comes to firearms. Experience tells me these are the same police officers who would be later investigated for civil rights violations of some sort. I have a respect for my colleagues as a whole, but Sgt. Kody Lamb, and officers like him need to be taken off the street ASAP. He is indeed a Royal Douche.

Winner #2:

Governor Rick Perry of Texas. He is all about kissing the asses of the illegals that he actually opposes Arizona's model for dealing with Illegal Aliens. Forget the Texas crime rate, economy, and sovereignty.



Fox News

Gov. Rick Perry said in a statement: "I have concerns with portions of the law passed in Arizona and believe it would not be the right direction for Texas."

AUSTIN, Texas -- Arizona's tough new illegal immigration enforcement law would not be right for Texas, Gov. Rick Perry said Thursday, upholding the state's long-held tradition of rejecting harsh anti-immigrant policies.

The Arizona law will require local and state law enforcement officers to question people about their immigration status if there's reason to suspect they're in the country illegally, making it a crime for them to lack registration documents. The law also makes it a state crime to be in the U.S. illegally.

"I fully recognize and support a state's right and obligation to protect its citizens, but I have concerns with portions of the law passed in Arizona and believe it would not be the right direction for Texas," Perry said in a written statement.

"For example, some aspects of the law turn law enforcement officers into immigration officials by requiring them to determine immigration status during any lawful contact with a suspected alien, taking them away from their existing law enforcement duties, which are critical to keeping citizens safe."

The Arizona law has been hailed by conservatives as long overdue and two Texas lawmakers have said they'll introduce similar immigration measures when the Texas Legislature meets next.
Homeland Security Secretary Janet Napolitano told a U.S. Senate hearing Tuesday that a Justice Department review is under way to determine the Arizona law's constitutionality.

Though Texas is ruled by conservative Republicans, top GOP leaders from former Texas Gov. George W. Bush to Perry have rejected harsh and punitive immigration policies.

Bush continued his moderate approach to immigration once he got to the White House, often to the dismay of his conservative base.

"We need to uphold the great tradition of the melting pot that welcomes and assimilates new arrivals," Bush said in his 2007 State of the Union address. "We need to resolve the status of the immigrants that are already in our country without animosity and without amnesty."

Perry took heat during this year's Republican primary for backing in-state tuition for illegal immigrants, saying in a debate that the students are on a path to citizenship.

"Texas has a rich history with Mexico, our largest trading partner, and we share more than 1,200 miles of border, more than any other state," Perry said Thursday. "As the debate on immigration reform intensifies, the focus must remain on border security and the federal government's failure to adequately protect our borders.

"Securing our border is a federal responsibility, but it is a Texas problem, and it must be addressed before comprehensive immigration reform is discussed."

Support Is Growing For Openly Carrying Permitted Weapons

Hartford Courant

April 18, 2010

An eruption in a simmering dispute over gun rights occurred when James Goldberg, wearing camouflage clothing and a holstered — and licensed — pistol on his right hip, walked into a Chili's restaurant in upscale Glastonbury, where he intended to pay for a takeout order.

According to Goldberg, a college-educated, occupational safety engineer, a restaurant employee, concerned by the sight of an armed customer, called the town police department. A goggle-eyed luncheon crowd watched three officers roll up, confront Goldberg and handcuff him.

"What can we get him for?" Goldberg, 32, says one of the officers asked his colleagues.

The answer, as it turned out, was nothing.

A state Superior Court judge dismissed the breach of peace charge police ultimately filed against Goldberg, forcing law enforcement experts to concede that, absent extenuating circumstances, there is nothing in Connecticut law to prohibit licensed gun owners from conducting their lives visibly armed.

The judge's decision was treated as a vindication by some gun owners in traditionally gun-shy Connecticut. They are joining groups elsewhere in asserting, as Goldberg does, what they say is the right to carry sidearms openly, in public, for protection.

The "open carry" movement is growing at a time when the federal courts have been looking more favorably on the rights of gun owners than on the authority of governments to restrict gun ownership.

There are three federal lawsuits pending in Connecticut that challenge the way the state enforces gun laws. In one, Goldberg is suing Glastonbury over his arrest three years ago, claiming he was charged even though there is no state law against openly carrying a sidearm.

In the other two, Goldberg and M. Peter Kuck, a member of the state Board of Firearms Permit Examiners, argue separately that arbitrary enforcement of state gun laws by biased police officers has denied or delayed the issuance of handgun permits, resulting in a denial of due process rights to gun owners.

Kuck, as a member of the board that hears appeals from gun owners who have been denied permits or whose permits have been revoked, is indirectly attacking the work of his board. Goldberg argues that he was wrongly denied a pistol permit for nearly two years after the dismissal of his arrest.

A federal judge in Hartford dismissed both permit suits. But in late March, a federal appeals court in New York overturned the dismissals and sent the cases back to Hartford for further review.

Balancing Interests
Goldberg's arrest, the success of the lawsuits and an increasingly vocal open-carry movement have attracted the attention of state law enforcement experts and policymakers who are concerned with balancing the potentially conflicting interests of openly armed gun owners against those who may become alarmed by the sight of guns.

"I think people have the right to bear arms," said state Rep. Stephen D. Dargan, D-West Haven and co-chairman of the legislature's public safety committee. "How they bear those arms in public is another issue. If I'm a store owner and I see someone walk in with a gun, maybe I pull out the gun I keep under the counter. Maybe I call the police. Maybe they come running in with their guns drawn, because they don't know what's going on."

In the past two years, open carry has become part of the national gun discussion. The Starbucks coffee chain put the issue before a broad audience earlier this year when it decided to allow obviously armed customers into its stores in states that permit open carry. Virginia, Tennessee and Arizona have enacted laws allowing openly armed patrons to drink in barrooms.

Student gun clubs at Connecticut's state universities joined a national push earlier this month to compel public universities to permit armed students to attend classes.

Also this month, Connecticut gun owners staged a Second Amendment rally at the state Capitol.

No one in Connecticut is predicting that the suits or the evolving discussion of gun rights will result in a spike in the number of armed shoppers at suburban malls. But the talk alone has law enforcement officers and policymakers re-examining the existing law and how it should be enforced.

Even through it may be legal for a permitted gun owner to carry a pistol or revolver in public in Connecticut, the officials say every case is not necessarily legal and they will closely examine those brought to their attention.

"There is no law that expressly prohibits the open carrying of a firearm by somebody who has a permit to carry it, in and of itself," said Chief State's Attorney Kevin Kane. "But there are statutes that could very well be violated, depending on the evidence and the circumstances. And that could lead to arrest, confiscation and forfeiture of firearms that are displayed in violation of those statutes."

The circumstances to which Kane refers involve how gun owners carry weapons and how members of the public react to an openly carried weapon. If citizens panic and call the police, Kane said, there will be an investigation.

"Depending on the circumstances, it could constitute a breach of peace, or it could constitute a threatening or it could constitute a public disturbance," he said.

Business owners can also post signs prohibiting the carrying of weapons on their premises.

State Rep. Michael Lawlor, D-East Haven and co-chairman of the legislature's judiciary committee, acknowledged inconsistencies in the way gun laws have been enforced.

"People come into this with very doctrinaire views on guns," he said, "and I think that leads to problems with enforcement. I think sometimes people on both sides overlook things that should not be overlooked. They have preconceived notions of what is right and wrong and they act on those."

When Connecticut gun laws are correctly enforced, Lawlor said, they are among the nation's best in terms of balancing the right to own and bear arms against the maintenance of public order.

He said the "mature" use of a handgun, something implicit in the law, should protect against public panic.

"What about people who push this right and they go into a McDonald's wearing a camouflage outfit and a gun?" Lawlor said. "There are people who do this. The criminal law says it is a crime to either intentionally or recklessly create alarm in public. For the same reason it is against the law to stand up in a movie theater and cry 'Fire,' you should be arrested."

Knowing The Law
Glastonbury Police Chief Thomas J. Sweeney, in a deposition he gave last month as part of Goldberg's suit, said the arrest at Chili's was the result of concern raised by restaurant staff.

"You want to walk in, have an open carry, but if people get upset by the manner in which you act and comport and carry yourself, you run the risk of being arrested for it," Sweeney said in the deposition. "I think there are issues when you're inside buildings where you're running a risk of a reaction of other individuals, I think that's problematic, and you may scare people, frighten people, cause alarm."

Goldberg called his arrest an overreaction by a police department unfamiliar with state handgun laws, something he said happens regularly in Connecticut.

"In my circumstance, no one pressed any charges, no one was interviewed," he said. "The woman who called 911 called to ask what the concealment law is in the state of Connecticut. And the dispatcher didn't know. If the dispatcher was educated or trained, and answered that you can carry openly or concealed in Connecticut, it should have ended right there. It was unfortunate that what happened to me had to happen to me."

Goldberg said he is a trained firearms instructor, sells guns at a Newington gun retailer and runs a business that provides security for business executives and entertainment industry celebrities.

He said he needs a gun for his work and believes he needs to carry it every day, for a variety of reasons: to maintain his familiarity with weapons, for protection, for business reasons and to "stand up" for something that is permitted under the law.

"I think if you are going to carry a firearm, you should go all the way and carry the firearm so you are comfortable with it," he said. "It becomes something that is a part of you. It's not foreign. If you do it every day as a daily mantra, it's something that becomes an extension of your body.

"To me, guns are not dangerous. It is an inanimate object. It won't do anything until someone with either good or negative intentions picks it up. We live in a state where we can carry openly or concealed. I don't have a problem with civilians carrying firearms or seeing civilians with firearms."

Goldberg said his arrest and the arrests of others in similar circumstances show a misunderstanding of the law by members of the public, who think it is illegal to openly carry a weapon in public in Connecticut. He also blamed police officers who are "just uncomfortable with civilians having firearms and people having the right to carry."

"The state needs to be educated and the people who live in the state need to be educated and know that you can carry openly or concealed and just because you see a firearm doesn't constitute that person breaking the law," he said. "There are a lot of great arguments for open carry in Connecticut."

On the other hand, he said, anyone who uses a gun incorrectly or uses one to intimidate or frighten people, should be arrested.

"This was really upsetting to me because in my career I dedicate myself to protecting other people," Goldberg said. "To be construed as someone who is deemed to be unsuitable to carry a pistol, just because someone happened to see it, was very disheartening."

In past years, the state police have pushed for revisions to state handgun laws that would allow the concealed carrying of weapons but outlaw open carry. The efforts have failed, and there is no similar legislative effort this year.

Key lawmakers said they will wait for the resolution of the pending gun cases in Connecticut before deciding whether the law needs to be revised.

"It is definitely opening up a hornet's nest when you try to add on to or modify the laws that govern gun ownership in Connecticut," Lawlor said. "And I think, on paper, we have the most sensible system in the country. I think it is appropriate to have this discussion. And maybe the legislature should weigh in. Maybe not."

Copyright © 2010, The Hartford Courant

Wish List 04.25.10

Well, another year has past, and my wish list for personal toys changes once again. Here is this year's wish list. There is no particular order, and I already know there is no way I will acquire this whole list. But hey, everyone has a dream.:

>Bushmaster M15A2 20" 5.56mm



>Bushmaster ACR 5.56mm



>Bushmaster ORC 5.56mm w/ EOTEC sight



>Glock 22 Gen 4 .40 S&W



>Glock 17 OD 9mm NATO



>Ruger LCR .38 S&W Special



>Kimber Warrior .45 ACP



>Arsenal AK 7.62x39



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Activists Rally in Washington in Support of Gun Rights

Fox News

Hundreds of activists rallied in Washington, D.C., in support of gun rights Monday, urging people to vote for candidates in the upcoming elections who will loosen firearm restrictions.

Hundreds of activists rallied in Washington, D.C., in support of gun rights Monday, urging people to vote for candidates in the upcoming elections who will loosen firearm restrictions.

The rally in the nation's capital coincided with another rally in northern Virginia, where dozens of activists holstered handguns and slung unloaded rifles over their shoulders. The gun-toting protesters in Virginia were within the bounds of the law, and promised to keep the weapons unloaded.

Those in Washington, D.C., though, chose not to carry any firearms in compliance with the District's strict gun laws, even though many believe the rules are unconstitutional. The Supreme Court overturned part of the District's gun policy in 2008, when it struck down the city's handgun ban.

Among the activists in Washington Monday was James Everett, 71, a gun owner from Battle Creek, Mich., who said he came to the rally on a bus with nearly 40 others.

He echoed the speakers' message, saying he wants lawmakers to stop infringing on his right to bear arms.

Signs reading "Which part of 'shall not be infringed' confuses you?" and bright orange stickers saying "Guns save lives" dotted the crowd at the Washington Monument.

Across the Potomac River in Alexandria, former Alabama Minutemen leader Mike Vanderboegh told the crowd armed confrontation should be reserved only for instances of the government threatening people's lives.

However, he said it might be justified if people face arrest for refusing to buy insurance under the health care reform package recently passed by Congress.

"If I know I'm not going to get a fair trial in federal court ... I at least have the right to an unfair gunfight," Vanderboegh said.

As the group made its way from a staging area to Gravelly Point Park, gun control advocate Martina Leinz dismissed Vanderboegh as a bully.

"If they wanted to have dialogue, they don't need to bring a big weapon with them," she said of the protesters.

Organizers said it's the first armed rally in a national park since a law passed allowing people to carry firearms in national parks.

Ken Garvin of Newville, Pa., said he came because believes the government is overreaching. He stressed that the people attending the rally "are not a bunch of crazed thugs ... they're just people."



The Associated Press contributed to this report.