Extreme Judicial Activism

Robb has the story from Minnesota, where churches sued to overturn the Minnesota Personal Protection Act, which made Minnesota a shall-issue state.  In this unbelievable ruling, the Minnesota Court stated:

The decision means the Edina Community Lutheran Church can continue to legally bar guns with signs saying “Blessed are the peacemakers. Firearms are prohibited in this place of sanctuary.” Other churches may choose their own wording.

The decision also means that parking lots, day-care centers and other charitable, educational and nonprofit facilities owned by churches may ban firearms.

Strictly speaking, the ban has always allowed churches to ban concealed carry on premises, but the legislature drafted a state wide standard for the signs to be uniform, and conspicuously posted, much like the 30.06 signs (I still love how the numbering on that one worked out) in Texas.

The proper response to this, of course, is for the legislature to strike all signage provisions from the MPPA, and revert to enforcing bans on concealed weapons using laws against trespass.  Pennsylvania works this way, and it works well.

One wonders how the Court of Appeals would have ruled if the Minnesota legislature had simply chosen to allow concealed carry without any kind of license whatsoever?

Churches are free to ban gun within their churches, using trespassing laws that have been common law for centuries.   The legislature, by mandating signage, specifically intended to ensure that license holders knew that they were carrying into an establishment that prohibited concealed carry.  The intent of the legislature has been thwarted by an activist court, and I hope the legislature will take to fixing this problem.

Another View on National Park Carry

From Andrew McKean of Outdoor Life’s “The Gun Shots” blog:

On the other side, some of the most passionate gun-rights advocates claim their Second Amendment rights allow them to carry guns anywhere, forgetting that the American landscape is dotted with areas where private guns are prohibited. These include prisons, military installations and most public buildings.

The sensible middle is where this proposal should be debated. The Interior Department should relax firearms restrictions in national parks and refuges because it keeps honest people honest. And because it would prevent otherwise law-abiding gun owners from inadvertently becoming felons simply because they cross a jurisdictional boundary.

I am not at all opposed to the proposal for allowing unconcealed or cased firearms to be transported through National Parks. If that all the DOI is willing to give us, I’ll take it, and will advocate strongly for it. But I wouldn’t discount so readily how inconvenient the ban on concealed carry is for people who have state licenses to do so. The perspective of someone out west might be a bit different than mine.

Out West, the parks are big, and boundaries more apparent. Here the parks are small, and often not readily apparent. I routinely drive through property owned by the Department of Interior, namely Valley Forge National Park, sometimes Hopewell National Historic Site, and on the grounds of Independence National Historical Park. In the last case the street outside these places is technically under authority of DOI, but it also a Philadelphia city street. Am I to cross the street? Or drive around Valley Forge constantly? Going miles out of my way?

Most people who drive through these state rights-of-way are often unaware they are in a National Park. While DOI says they enforce state law on state rights-of-way, there’s always the problem of hitting a deer (a real possibility in Valley Forge), and suddenly finding yourself in violation of federal law because you stopped.

The National Park restrictions on concealed carry a major impediment to those who choose to carry. I would hope sportsmen will get behind the most recent efforts to force DOI compliance with state laws on this matter, and won’t merely support a “middle ground” which will only really benefit them.

National Park Carry Update

It looks like Senator Coburn is planning on an amendment to S.2483 that would require all lands under jurisdiction of the Department of the Interior to follow state law in regards to possession of firearms. You can read Coburn’s case for passing this amendment here.

I have heard also that John McCain will be signing on as a co-sponsor of this amendment. Any bets on whether Hillary or Obama will? Just keep that in mind for those who claim there’s no difference between McCain and the Democrats.

Airport Security Gaffes

Ahab has another story of a gun owner who forgets he’s carrying and gets through security, then proceeds to “do the right thing” and tell the TSA about it.

If you get past security at an airport with a gun, leave the secured zone immediately and count your blessings.  There is no get out of jail free card for doing “the right thing.”  The right thing for you is not to confess to the authorities about the crime you just committed.

Media Bias in Texas

Howard Nemerov calls out some pretty strong media bias when it comes to citizens defending themselves.  In this case, a Texas CHL holder defending himself against a baseball bat wielding attacker that the media persistently described as a road rage incident.

More Carry Nonsense in Pennsylvania

Here we go again:

[I asked the] Sheriff why was my license to Cary denied? He stated someone came in two days before I applied on 11/16/07 and asked If I had a license to Cary. he said he looked in the computer and told them no there is no one in here by that name. He said he asked this person why he said this person told him he observed me with a gun in my waist band on my property. I said Yes Sheriff I do Cary my gun in a holster on my property and not in my waist band. I also stated that its not against the law To OC In PA he agreed. I then asked why was my permit being denied. He then said “I called the Clifford police as part of my investigation and they said yes they had a report of me walking around with my side arm. never once has the police been to my house never once have I been in trouble with the law! I said this is why you denied me he said yes he said it shows lack of character and thats the grounds hes denying me on. I told him I was going to appeal he then said I guess I was right in denying you then You are arguing with me. I said I’m stating facts and laws I’m not arguing with you and mean no disrespect. He said stay out of trouble and reapply in a year until then get yourself some pepper spray. WTF

I am so mad what can I do?

My advice is to retain an attorney and appeal the denial. Meanwhile, I’m going to continue to advocate for altering or abolishing § 6109 (e) (1) (i) “An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.” so that this discretion clause, that more than a few Sheriffs appear to not be able to use without abusing, doesn’t stop law abiding gun owners from getting licenses.

Besides, if you’re a sheriff, and you don’t like open carry, shouldn’t you want to give the guy a license to he can carry concealed.

Progress in Tennessee?

Looks like there’s at least some support for removing carry restrictions.  I’d really like to see the public park and national forest restrictions go away too.  Those are the bills that keep me from ever going back woods camping in Tennessee.

A lot of states seem to get nervous about lifting restrictions like this, but Pennsylvania does not restrict carry in establishments licensed to server alcohol.  Hell, we don’t even have a drinking while carrying restriction in Pennsylvania.   I don’t think it’s been a problem here, since most people who carry regularly are responsible enough not to run around carrying a firearm drunk.  You’d probably lose your license for that anyway.

The Few, The Proud …

… the people in Maryland who have unrestricted carry licenses.   Congratulations are in order to the other Sebastian for winning his fight.  Even in Philadelphia, he would have had an unrestricted license from the beginning.  If you’re thinking about urban renewal, it’s a good idea to try it in a state with shall-issue licensing.