Last
week there was a rather raucous debate regarding open carry laws in Texas. Rallies
organized by Open Carry Texas have been held on numerous occasions to amend a
state law that only allows for the open carry of shotguns and rifles but bars
the open carrying of handguns without a concealed
handgun license. Currently, Texas is only one of 10 states that specifically
blocks the open carry of handguns, according to the National Conference of
State Legislatures. Last week, participants took things a step further and rather
than keeping to one area, they entered local businesses with long guns handing
from their shoulders and laying across their backs.
This
week, the debate continued with the NRA leaning in on the discussion initiated
by local carry advocate groups. It’s not the rallies or the advocacy for change
that the NRA opposes, it is the recent change in the methods that these people
have deployed by going in to public places and private businesses to ‘make
their point.’ While the people and the protest are nonviolent, it still crossed
a line that has resulted in rather significant backlash. The comments made by
the NRA have caused quite a stir among those ardent open carry supporters which
didn’t take kindly to the following statement (as part of a larger piece) published on the NRA website on Friday:
The
second example comes to us from the Lone Star State, which is second to none
for its robust gun culture. We applaud Texans for that, but a small
number have recently crossed the line from enthusiasm to downright foolishness.
Now we love AR-15s and AKs as much as anybody, and we know that these sorts of
semiautomatic carbines are among the most popular, fastest selling firearms in
America today. Texas, independent-minded and liberty-loving place that it
is, doesn't ban the carrying of loaded long guns in public, nor does it require
a permit for this activity. Yet some so-called firearm advocates seem
determined to change this.
Recently, demonstrators have been showing up in various public places,
including coffee shops and fast food restaurants, openly toting a variety of
tactical long guns. Unlicensed open carry of handguns is legal in about
half the U.S. states, and it is relatively common and uncontroversial in some
places.
Yet
while unlicensed open carry of long guns is also typically legal in most
places, it is a rare sight to see someone sidle up next to you in line for
lunch with a 7.62 rifle slung across his chest, much less a whole gaggle of
folks descending on the same public venue with similar arms.
Let's not mince words, not only is it rare, it's downright weird and
certainly not a practical way to go normally about your business while being
prepared to defend yourself. To those who are not acquainted with the dubious
practice of using public displays of firearms as a means to draw attention to
oneself or one's cause, it can be downright scary. It makes folks
who might normally be perfectly open-minded about firearms feel uncomfortable
and question the motives of pro-gun advocates.
As a result of these hijinx, two popular fast food outlets have recently
requested patrons to keep guns off the premises (more information can be found here
and here).
In other words, the freedom and goodwill these businesses had previously
extended to gun owners has been curtailed because of the actions of an attention-hungry
few who thought only of themselves and not of those who might be affected by
their behavior. To state the obvious, that's counterproductive for the gun
owning community.
More to the point, it's just not neighborly, which is out of character for the
big-hearted residents of Texas. Using guns merely to draw attention to yourself
in public not only defies common sense, it shows a lack of consideration and
manners. That's not the Texas way. And that's certainly not the NRA
way.
In summary, NRA certainly does not support bans on personalized guns or on
carrying firearms in public, including in restaurants. We think people
are intelligent enough to resolve these issues in a reasonable way for
themselves. But when people act without thinking, or without consideration for
others – especially when it comes to firearms – they set the stage for further
restrictions on our rights. Firearm owners face enough challenges these days;
we don't need to be victims of friendly fire.
Some
people within the firearms community may not agree with this statement.
However, I am not one of those people. I firmly stand behind these words and
encourage common sense to return to the open carry and overall Second Amendment
debate. While I believe that the legal ownership of firearms should not be
limited and that most local, state, and federal laws should be repealed, we
also need to respect those around us and stray away from such boisterous statements
as those recently seen in Texas.
Yes,
it is there right to legally carry in such a manner but that doesn’t make it a
good idea. While this is a form of peaceful protest, we still live in a culture
of fear which must be taken into account when making such a statement. People
are uneducated with regard to firearms and, therefore, they are afraid of them.
This lack of understanding is not going to be addresses when those same people
are griped by their fears and are offended by these kinds of displays. Just
like the heinous acts by individuals that have been promoted in the media has
swayed views to one side, such aggressive means of protest will have the same
effect.
This
is not to say that I am against open carry rallies. When similar firearms are
on display in one location, I agree that those are a great way to make your
voice heard. It allows us to show our support for our rights but also does it
in a specific area that people with any trepidation can avoid. I also support those
who chose to openly carry a handgun. I don’t necessarily think that it is the
best idea and believe you are asking for more trouble than its worth but I
support the right and those who decide to carry in such a way. I much prefer
concealed carry which is the generally preferred personal carry option for more
people than you think.
Some
of you may not be familiar with some aspects of this debate and some of the
differences that exist between states so I will take a moment to relay some
information regarding Pennsylvania law as it pertains to open carry and
concealed carry, the foundation of which can be found in Article I, Section 21 of the Constitution of the Commonwealth of Pennsylvania which states the
following:
“The right of
the citizens to bear arms in defense of themselves and the State shall not be
questioned.”
Concealed Carry:
Pennsylvania, like most states requires people to have permit to carry a
concealed firearm as regulated by the following statute:
·
(a) Offense
defined.--Any person who carries a firearm in any vehicle or any person who
carries a firearm concealed on or about his person, except in his place of
abode or fixed place of business, without a valid and lawfully issued license
under this chapter commits a felony of the third degree.
This license can be in the form of Pennsylvania's "License To Carry
Firearms" (LTCF) or a
permit issued by another state that Pennsylvania recognizes as valid through a reciprocity
agreement.
Open
Carry:
While Pennsylvania has a specific law that requires a License To Carry
Firearms for the concealed
carry of a firearm, and the carry of firearms in vehicles, the law is
silent on the legality of openly carrying a firearm in other
situations, making it de-facto legal.
There is however a law that requires a License To Carry Firearms to carry
either way in "cities of the first class", which as defined by law is
only the city of Philadelphia.
·
No person shall
carry a firearm, rifle or shotgun at any time upon the public streets or upon
any public property in a city of the first class unless:
o
(1) such person is
licensed to carry a firearm; or
o
(2) such person is
exempt from licensing under section 6106(b) of this title (relating to firearms
not to be carried without a license).
To summarize, open carry is legal in Pennsylvania without a License To
Carry Firearms except in "cities of the first class" (Philadelphia)
and vehicles where a License To Carry Firearms is required to do so.
With that said, we would like to point out that there is much debate among
firearm owners about whether openly carrying firearms is really a good idea.
While we will leave that choice to the individual we will state that in many
urban areas (namely Philadelphia) doing so will draw unwanted
attention from law enforcement that may include (but not be limited to) the
following repercussions:
1.
Being stopped and
questioned by law enforcement.
2.
Having your License
To Carry Firearms seized and sent back for revocation.
3.
Being arrested
either improperly or for other charges like disturbing the peace or creating a
public nuisance.
While this may not happen should you choose to carry openly, many urban law
enforcement officers we have talked to have expressed a very negative opinion
towards the idea. Some have suggested that law enforcement will do everything
in their power to make your life difficult should you choose to.
As
a “shall issue” state, Pennsylvania is rather unique with regard to the
northeast region of the country and, so far, has kept the laws of the
Commonwealth in line with both the Constitution of the Commonwealth and the
United States Constitution. Firearms owners, should not be tempting public ire unnecessarily
and should take the responsible step of getting their concealed carry permit.
Even those who currently chose not to carry on their person, it is something
that should be obtained. So while the debate will surely continue in states
across this nation, we should be cognizant of both our message AND the audience
to which we are speaking. If our actions prevent people from listening then our
message will be lost. Keep fighting for your rights just make sure that you do
so in a manner that promotes education and understanding.
