From the NRA-ILA: In response to the Covid 19 outbreak, Governor Michelle Lujan Grisham ordered the closure of all businesses she doesn’t consider “Essential.” The Governor did not designate firearm stores as “essential,” but many remained open because the Governor’s order did not explicitly order them closed. Your NRA-ILA has now learned that Governor Grisham is making her anti-gun proclivities clear by tasking the State Patrol with driving by gun stores and telling dealers that they are, and will remain, closed to the public. New Mexico residents are encouraged to contact their local firearms dealers to inquire about the potential to make online purchases while the Governor’s order remains in effect. Across the Intermountain West, only in Washington were gun stores also classified as "non-essential." Headlines are starting to splash around the gun world that Idaho “passes constitutional carry for all.” Here’s a sample of headlines.
While technically correct, all of these headlines and practically everyone out there misses the point. Idaho didn’t “extend,” “expand,” or “approve” constitutional carry. Idaho will end its 132 years of unconstitutional infringement on the right to bear arms on July 1. You can’t “extend,” “expand,” “grant,” or “allow” something you banned in the first place. What Idaho (and other states in the past) did was repeal their bans on concealed carry. Technically speaking, they still haven’t repealed the ban, just added a host of exceptions to provide the same effect as no ban. Idaho is going back to the way it should be; no prior government permission to carry a weapon for self-defense in the manner that best suits you. In 1888, Idaho Territory made it illegal to carry a gun in cities, towns, and camps. Rural areas outside of that, it was okay to carry concealed. In 1902, that law was rolled back when the state supreme court found in In Re Brickey that it was unconstitutional to totally ban all carry. The state had to allow some form of carry, and since concealed carry had been so thoroughly demonized, open carry had to be permitted. I haven’t found out when exactly yet, but in the next seven years, the legislature re-wrote the law accordingly. In 2016, Idaho began a three-session process culminating in Wednesday’s signing of HB 516 that stopped the discrimination against non-Idahoans. In 2016, Idaho stopped requiring permits for state residents. In 2018, the prohibition for 18-20 year-olds carrying concealed was removed. And now, there is no restriction on who can carry concealed (unless you’re a felon or something, but let’s not be pedantic). Idaho has some of the fewest restrictions on carry a firearm in the country. America’s expansion of gun control was a gradual evolution. The carry restrictions exploded from 1860 to 1890. Concealed carry was called a “pernicious practice” and anyone who carried a gun was maligned as a potential murderer. Even in communities that did not have the problems of Southern Honor violence or were far removed from the “wild west” prohibitions crept into law. These laws were a failed experiment in crime control through gun control. People still carried, paid fines, and went on their way. Fines were increased. When this didn’t seem to deter the practice, many voices, including hysterical newspaper editorials you can find, called for the penalty to be raised to a felony. Of course open carry was an alternative, but seems to have been practiced even less than today. Oddly enough, when the process of banning concealed carry was largely complete across the country, America moved to try and ban pistols in the 1920s. The homicide rate had jumped from about 1 per 100,000 before 1900 to 8-to-10 per 100,000 in 1920-1932. Perhaps something else was at work? My personal theory was that the decline in homicides after the Civil War to the rise prior to the First World War was related to social changes. Society became less tolerant of death. A maturing population removed from war and frontier savagery didn’t approve of killing except in the most extreme of circumstances. At the same time, we start seeing an increase in court cases outlining justifiable homicide and laws narrowly defining self-defense. Juries stopped finding shooters not guilty of murder because the other guy had it coming. Weapon carrying bans have always been unconstitutional and society has tolerated these dumb restrictions for too long. In the past, it was not a big deal to carry anyway and never get caught or punished. If one did get caught or punished, the penalty was not a big deal for most people. Now, a concealed weapon charge can be a life-altering felony. All because society has been breathing life into a failed crime-control experiment for two centuries. ARS 26-303 Emergency powers of governor; termination; authorization for adjutant general; limitation J. Pursuant to the second amendment of the United States Constitution and article II, section 26, Constitution of Arizona, and notwithstanding any other law, the emergency powers of the governor, the adjutant general or any other official or person shall not be construed to allow the imposition of additional restrictions on the lawful possession, transfer, sale, transportation, carrying, storage, display or use of firearms or ammunition or firearms or ammunition components. xv.) Supplies for Essential Businesses and Operations: Businesses that sell, manufacture, or supply other Essential Businesses and Operations with the support or materials necessary to operate, including computers, audio and video electronics, household appliances; 11' and telecommunication equipment; hardware, paint, flat glass; electrical, plumbing and heating material; sanitary equipment; personal hygiene and products; food, food additives, ingredients and components; medical and orthopedic equipment; optics and photography equipment; diagnostics, food and beverages, chemicals, soaps and detergent; firearm and ammunition suppliers and retailers for purposes of safety and security. Idaho Governor Brad Little signed HB 516 into effect on March 26, 2020, decriminalizing concealed carry for the first time in 132 years for everyone across Idaho. Previously, permitless concealed carry (constitutional carry) was limited to only to Idaho residents. Effective July 1, 2020, non-Idaho residents may carry concealed in the gem state without a permit. Idaho only required a permit in cities and towns. This applies to anyone 18 and older. Idaho joins 13 states that do not restrict constitutional carry to state residents only. There are 18 states that allow permitless concealed carry across most of the state. In 1888, Idaho first banned carrying a firearm, openly or concealed, in any city, town or village or in any public assembly of Idaho Territory. In 1902, the state supreme court case In Re Brickey found that the ban on an openly carried firearm was unconstitutional. The statues were then re-written to ban only concealed carry. In 1990, Idaho passed a "shall-issue" concealed firearm permit law. In 2016, Idaho enacted its first constitutional carry law, allowing state residents 21 and older. Now Idaho has come full circle and ended over a century of infringing on the right to bear arms. Permits are still available to be applied for in the current manner for those who are interested for reciprocity purposes. Gray indicates no closures/no data. Green indicates gun stores okay to remain open. LA and San Diego in California are not closing gun stores. TX and CA have differing local policies. TX is seeking official guidance from their attorney general. NJ has closed all gun stores and closed the background check system. NM said that gun stores are "non-essential businesses" and we are unaware of any actual mandatory shut downs. Washington DC's only FFL voluntarily closed his business for an unstated reason. Interesting quotes: "Currently, the COVID-19 pandemic is revealing and exacerbating the underlying constitutional infringements with the NICS system. If state or federal governments do not remain open, then Americans will be denied their Second Amendment-protected right to purchase firearms. The long-term solution is for Congress to repeal this law. But in the short-term, the federal government is faced with a choice: ignore the Brady Transfer Date, thus intimidating gun stores into denying Americans their rights, or reallocate resources so that Americans will not be denied their rightfully purchased firearms." "Accordingly, GOA is concerned that Americans do not have “instant” access to firearms, in most cases, during this time in which Americans are demonstrating that they highly value their Second Amendment-protected rights." "Accordingly, Gun Owners of America asks your office to rescind the posting on the NICS website, and to adopt the interpretation that, with respect to federal law,5 the three business day period begins to run when an FFL attempts to contact a POC state for a NICS check, and can be extended only by ordinary weekends and holidays, and not by a state decision to temporarily shutter its POC offices for some indeterminate period of time." [emphasis added] "Third, exacerbating this situation, ATF has recently begun a campaign to use letters to eliminate the 18 U.S.C. § 922(t)(3) exemption for holders of concealed carry permits. ATF appears to be making a concerted effort to target all currently exempted states for unlawful elimination from the § 922(t)(3) exception. Gun Owners of America recently filed suit against ATF to stop this unlawful practice." Nevada is one of the few states in the West to have restrictions on closing gun stores in emergencies. In Illinois (of all places), gun stores are listed as essential. In California, not at all. Gun stores across the state are being closed by public health authorities as "non-essential" businesses. A few are being allowed to finalize purchase/pickups from people who were in the middle of the waiting period.
California is likely to find itself in the cross hairs of a lawsuit over this issue. Hopefully the government's over-reach in shutting down gun stores in the face of what quite possibly may be future civil unrest will be crushed. Or courts may just rule that the government can abuse the constitution because things are really, really bad because government failed in the first instance. The Pennsylvania Supreme Court dismissed such a lawsuit without comment. What we are seeing is that some states are creating an indefinite inability for citizens to buy firearms and ammo. The full force of the state, along with the approbation of much of the uninformed public, can be used to grind these stores into dust. For fun, check out the spreadsheet of California gun stores that have been closed. Frontier Carry is small hauling business based out of Providence Bench, Utah... No not really. If you haven't been paying attention, Frontier Carry is the follow-on to Nevada Carry. What is Frontier Carry? Frontier Carry is the authoritative source for the western frontier states' gun laws. These states are united by their unique history, common interests, a patriotic and individualistic culture, and strong support of the Second Amendment. We are dedicated to supporting gun rights and is operated by a normal guy with a day job who happens to be a former law enforcement officer. We are unincorporated and give our time for what we believe in. We are not a lobbyist group and advocate on a personal basis only. Our blog is part of the new media, reporting what isn't seen in the mainstream media and willing to advocate for what we believe in and report. Frontier Carry proudly supports law enforcement yet encourages government accountability, loves our constitutional rights, and is fiercely patriotic. We strongly disapprove of any "sovereign citizen" movement which advocates violence against police, a non-democratic overthrow of the government, or any other assorted tin-foil hat paranoia. Learn the law and be confident of your rights. The law helps the vigilant before those who sleep on their rights. (1-3-218 MCA, Montana) The best way to defend a right is with knowledge and spreading it to others. From neighbors apprehensive of firearms to a shrill anti-gunner in the supermarket. For too long, knowledge over gun laws has been spread through word of mouth, creating a large body of myths, rumors, and incorrect assumptions. A lack of proper knowledge can lead to citizens choosing not to exercise their rights or they might find themselves in situations they could have easily avoided had they been properly educated. Aren't police the best people to ask about the law? Police aren't the best source of knowledge about the law. They are generalists, taught basic principles and familiar with common violations. They are trained to lookup laws they are not familiar with, but as humans, they often may be overconfident in their knowledge and wrong. Occasionally, unscrupulous officers will take advantage of a citizen who is not confident in their right to carry and so threaten or cajole the citizen. As we politely demand our police know and respect our peaceful exercise of our right to keep and bear arms, we must also politely educate police, our elected and appointed officials, and our fellow citizens. Uniting the Western Frontier of Gun Rights Our goal is to help law-abiding citizens understand the often confusing, obscure, and misunderstood firearm possession, purchase, carry, and self-defense laws of the Intermountain West. We seeks to dispel rumors and put an end to pernicious gun law and self-defense myths that discourage citizens from protecting themselves. Through education and awareness, correct knowledge can be spread among citizens to shine a light upon areas of common contention between citizens, their government, and local authorities who are often in conflict over Second Amendment rights. By banding together, states with a common heritage, common interests, and inter-mobile populations can share best practices, ideas, and knowledge to achieve these purposes. Together, with a central share point of law, history, news, and information, state and local gun-rights groups and citizens can effect greater change and cooperation on a regional basis. From our mountains, to our deserts, plains, and canyons, the rugged states of the 'Wild West' still have a unique perspective and unique considerations when it comes to gun rights. Though the various states have diverged paths over the years, all have a common legal and western history. The cowboys, loggers, miners, prospectors, pioneers, trappers, and hardy souls that founded these western lands all understood that in the west, individuality and self-protection are supreme. This identity is alive and well, but under increasing threats. From the new front of the Sagebrush Rebellion against burdensome federal influence, to an influx of voters exporting progressive, statist values contrary to the long-established mindset of the West, and a concerted effort by private individuals, groups, and would-be tyrants to restrict gun rights, each state is in danger of falling prey to the anti-gun movement. Since the 1990s and especially since 2013, American opinion has dramatically shifted to re-affirm the importance of the right to bear arms. Sadly, mass media and wealthy, liberal individuals, such as former New York Mayor Michael Bloomberg, have made the west their own next frontier of gun control. California, once the crowning jewel of America, has long-ago succumbed to the death of individual freedoms and gun-rights. Colorado has almost nearly succumbed, but freedom lovers have mounted a good fight to turn the tide. Washington and Oregon, already descending bit by bit, are under attack, while deceptive popular measures have taken aim at Nevada and Arizona. These relatively sparsely populated states must form together as one to win against the divide and conquer strategy now being used against us all. United, we can form a formidable weapon against the never-ending crusade of evil and oppression. Federally Prohibited Places Firearms, loaded or unloaded, concealed or openly carried, are prohibited in the following places
irearms are banned in "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties" and includes essentially all parts of federal court facilities (18 USC § 930). 'No weapons' signs must be posted at federal facilities in order for someone to be convicted (but you may be arrested). Interstate Transportation Protection 18 USC § 926A This section was intended to protect innocent passage of travelers who might have a firearm prohibited by local jurisdiction. For instance, a resident of a frontier state driving through California with an 'assault weapon' to another free state. The trip must be from one free state to another, the firearm unloaded, and neither the firearm nor any ammunition is readily accessible from the passenger compartment. In the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. Airports/Aircraft 49 CFR 1540.111 and 49 USC § 46505 Under federal law (local laws may differ), firearms are prohibited beyond the TSA checkpoints. You also cannot attempt to enter a TSA checkpoint while armed, even by mistake. Check your bags! Even loose ammunition, empty magazines, spent cases, and miscellaneous gun parts have caused problems and prosecutions for travelers. Learn more about the TSA regulations. Military Bases Self-defense firearms are generally prohibited on base. Almost uniformly, civilians may not possess firearms on base. Service-members may be required to store their weapons as their commanding officer directs. Check individual base and service branch regulations. Additionally, army regulations are here and the oft-mentioned Bush-era directive is here (reaffirmed in 2011). National Parks Section 512, Credit CARD Act of 2009 (and 54 USC § 104906) changed federal law to make park firearm regulations reflect state law. Typically, the only restrictions on firearm carry are state and local laws. If it is legal elsewhere in the state, it is legal in the park and sections that conflict with state law regarding carrying and possessing firearms (but not shooting bans) do not apply. So though on National Park Service lands (National Parks, Monuments, etc.) carrying a firearm or possessing loaded firearms are prohibited in vehicles (unless one has a special park permit, usually for hunting), this does not apply if the state allows open and/or concealed carry, or loaded/unloaded firearms in vehicles. The park buildings (visitor centers, offices, etc.) are still federal facilities and off-limits to firearms. Discharge of firearms, except when lawfully hunting, is generally prohibited. Discharge of firearms, except when lawfully hunting, is generally prohibited. NPS pamphlet here. The same applies for National Wildlife Refuges, 16 USC § 1a–7b. Who cannot possess a firearm?Federal Prohibited Persons The following are federally prohibited persons:
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