Category Archives: Guns

Uninfringed in Texas

Yosemite stole my heart many years ago – I’ve climbed its mountains and hiked at least a  hundred miles of its trails – and the central coast enchants me, but when it comes to personal liberties – the political and social quality I cherish above all others – I am most at home in Texas and the freedom states of the west (Arizona, Utah, Wyoming, Montana).  To live anywhere where those liberties are constrained, would chafe me too severely to be happy.

A fine example: while browsing at for a fishing shirt at Marburger’s, Old Seabrook’s sweet little sporting goods store, I came across a Springfield XD-9 on sale.  I’ve been resisting the urge to replace my too-small carry pistol, a Ruger LC9, with something with a longer barrel and double-stack magazine (the LC9 is only a 7-round single-stack).  My budget didn’t call for splurging for another gun, but the price was right; the Marburger folks greeted me as a homeboy they know well; and I am a strong advocate for supporting local, independent businesses.

A CHL and background check later, I walked out of there with a lovely new pistol. On the case was this tag: “Not Legal In California and W/High Capacity Magazine.”  Thank God for Texas – and in your eye, California!

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Light and comfortable on the hip:

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Holding History in My Hand

How to explain this: even as I am working through a long series of books about American Indians in the 19th century, the most recent two winnowing down to Custer, Sitting Bull, Crazy Horse and the iconic battle at the Little Bighorn valley, brother Kevin – unaware of my reading habits – tracks down and buys a rifle which was, in all but the most minor details, the very model used by the Seventh Cavalry on June 25, 1876.  The “Allin conversion” or “Trapdoor” model of the Springfield carbine.

Springfield open trapdoor

Used widely by the Union army during the civil war, many thousands of the rifle were available after the war ended.  The government decided to use them, but being muzzle-loading rifles, they were already obsolete; many white settlers and Indian tribes had newer repeating rifles, including the Winchester that held 17 rounds.

Gun designer Erskine S. Allin invented a ‘trapdoor’ device which converted the Springfield into a breech-loader; soldiers could now fire up to 20 rounds per minute instead of two.  Kevin’s rifle is from the first conversion, in 1865, and bears the Union mark on the wood stock.  As if proof were needed, the muzzle rod is still with the rifle.

By 1873, Springfield was manufacturing carbines that were native breech-loaders, but all other characteristics are identical to the conversion model that Kevin has.  I recently had a chance to hold the rifle. It’s weight and utilitarian beauty seemed a palpable confluence of past and present; a connection, small and remote though it may be, with a moment in history still vivid in my mind.

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I Just Found Out I’m A Terrorist

When a Muslim commits a terrorist act, killing innocent people, a chorus of voices quickly arises to admonish us that most Muslims (“the vast majority” is the preferred phrase) are peaceful and oppose murder in the name of their religion.  The dereliction of one or a few believers should not cause us to cast blame on all Muslims.

Those same voices speak the same message when, for example, an illegal immigrant murders.  Don’t blame all illegal immigrants, they say; most are peaceful and law-abiding and want only to contribute to society.

I agree without reservation.  This is the only fair and just attitude for reasonable people to take.  An entire group should not be condemned or blamed when one of its members commits a crime, no matter how horrible that crime is.  Evil exists among us, but no group of people should be unfairly libeled or defined by the actions of one of its own who gives in to evil, against the wishes and temperaments of the others.

But this just and enlightened concession is not granted to one large group of people: the National Rifle Association.  Instead, after every mass shooting, the NRA, in toto, is quickly and angrily blamed and condemned, even when the murderer was not a member of the NRA (and none have been), and when the NRA itself condemns the act.

In just the last few months, following the school shootings in Florida and Texas, prominent voices on television news and talk shows, in newspapers, on social media and the Internet, have called us terrorists (that’s their favorite slander), Nazis, child murderers, racists, enemies and other epithets; a few of the most extreme even call for killing us.  We are cursed and reviled at public marches and demonstrations.

It takes only minutes of searching the Internet to find examples of this, so numerous that I was overwhelmed by them.  I selected a small sample for the video that I created to provide evidence of what I claim.

Never mind that the murderers were not one of us; they were teenagers who the NRA argues should not have had guns (Cruz in Florida should have been – could have been – restricted for mental problems; the school, sheriff’s department and the FBI had evidence and cause to stop him from passing a NICS background check, but they did not do so).  Never mind that our hearts break, too, when such tragedies happen.  Never mind that we desire just as much to find ways to stop such evil from happening again, even if our solutions differ from those who hate us.

Six million innocent people (a group almost twice as large as the Muslim population of the U.S.) who band together to advocate for a constitutional civil right for law-abiding citizens, are nonetheless cast as the first and foremost villain.  If the hate and anger were not so vehement, it would almost be funny: me, a rather quiet, middle-aged man with not a single crime to my name, possessing more cats than guns and who picks up June bugs off the driveway so they don’t get crushed, an ardent civil libertarian whose childhood heroes were Dr. Martin Luther King and Abraham Lincoln….I am a racist, Nazi terrorist!

But it isn’t funny.  Nor is it just or fair or decent.  It is an angry, irrational mob frenzy of hatred directed at millions of innocent Americans who do not deserve it.  It is, quite simply, discrimination.  Perhaps most importantly, it is foolishly counter-productive.  Call us such names often enough, and even the quiet, middle-aged NRA members like myself will finally be so offended by such slander that we will see little reason for cooperation and compromise.

We may be at that point already.

For My Friend, Stuart…Thank you

I write the following because my friend and piping buddy, Stuart, got me thinking about my position regarding gun ownership rights.  (In your honor, Stuart, I began writing this while listening to the Old Blind Dogs and sipping a fine 15-year-old Glendronach…all the while surrounded by the six finest cats in all of Seabrook.  And stay tuned…there will be a part 2.)

In reply to my overly sardonic blog post about my latest rifle purchase and the Florida school murders, Stuart wrote:

“I’m more or less on the other side of this argument, but at least I know this unnecessary abomination is in safe hands.”

This may seem like an unremarkable thing to say, but I was struck by Stuart’s kindness and decency.  These are times when to be an unrepentant gun owner and NRA member is to face scorn and undeserved accusations almost daily.  We are regularly condemned as terrorists, Nazis, child-murderers, racists and other slurs, by people at the highest levels of politics, journalism, entertainment, and even public school students.

It is easy to shrug off a few such accusations – I understand the frustration and despair following tragedies such as the recent school murders in Florida and here in Texas.  But they sting.  Hear them often enough – and I and my NRA colleagues do hear them often – and all understanding and sympathy are worn down, to be replaced with resentment and defiance. To someone who despises the evils we are accused of, and who opposes them on deep principle, to be accused of such vile beliefs goes far beyond tolerable derision and unfairness.

So I am grateful for Stuart’s acknowledgement that my guns are “in safe hands;” he knows that I could never commit evil with or without them.  I don’t know how many gun owners and NRA members Stuart knows, but he knows one: me.  I am not an abstraction or a stereotype to Stuart; I am not a gun boogeyman.  He knows me; and knowing me, he knows that I am none of the things that I and other gun advocates are accused of being.  He may condemn the gun, but he does not condemn me for owning it.

So, a hearty ‘sláinte’ to you, Stu.  I only wish those with voices louder than yours were so reasonable.

DoJ: “Fair and Impartial?”

The Department of Justice has seen fit to file suit against the state of North Carolina.  The state’s offense?  Passing a law restricting the use of public bathrooms according to the sex designated on an individual’s birth certificate (which state law allows any individual to change).

The DoJ claims to be defending the rights of ‘transgender’ people to use any bathroom of their choice.  So be it; I don’t yet have a dog in this hunt (I am still working through this newly-erupted issue).

But if the DoJ has roused itself to defend our civil liberties, and if they are true to their mission statement of “ensur[ing] fair and impartial administration of justice for all Americans,” then I have an opportunity to suggest to them.  It involves many times more aggrieved citizens, many more offending states ripe for suing, and widespread violations of a civil right more fundamental than personal choice of loo.

Follow along with me…

Estimates are sketchy, but about 700,000 citizens are transgender, or about 0.22% of total U.S. population (approximately 320 million).  Of North Carolina’s 10 million residents, about 37,000 (including teenagers) are transgender, or 0.37%, i.e., about one-third of one percent.

Despite their small numbers, transgender people possess all the same liberties as any other citizen, and a government tasked with defending those liberties (as ours is supposed to do) should so defend.  Whether such liberty allows them to use a public bathroom of their choice is a new and untested question.  The issue is not enumerated in the Constitution or in any established law.  The DoJ has made this determination of their own accord, absent guidance from or consultation with Congress, courts or public discussion.

If the DoJ is moved to defend 700,000 people, from a still-untested legal position, would it be more moved to stand up for 13 million on a sound Constitutional basis?  That is the number of citizens with official, state-issued licenses to carry a handgun.  (The number of legal gun owners without a carry permit is many tens of millions more, by most estimates more than a third – i.e., more than 100 million – of all citizens.)  In Texas alone, at the end of 2015, licensed citizens numbered 937,419, with a rate of growth that probably now has the number greater than one million.1

The right to bear arms is far from new and untested.  It is a right specifically enumerated in the Bill of Rights of the U.S. Constitution; it has been affirmed by the judiciary many times, recently in the Supreme Court’s Heller decision, and only yesterday by the 9th District Court of Appeals.2  The right is as old as the Constitution itself.

As established as the right is, it is violated by many states. I am licensed by the state of Texas to carry a gun3, concealed or openly, having successfully gone through the training, testing, security and background checks necessary for such license.  However, 15 other states and the District of Columbia refuse to recognize Texas permits, and will arrest and jail me if I carry a gun into their domain.

Furthermore, nine of these states4 refuse reciprocal rights to citizens from any state; in other words, they impose a blanket denial of 2nd Amendment rights to all citizens of other states.  Penalties can be severe; all include options for arrest, fines and imprisonment.  This even though, at least in the state of Texas, citizens with CHLs are the most law-abiding in the population.5

Is this not discrimination to a broad degree?  Is this not a violation of the Supremacy Clause?

The U.S. Department of Justice (a large number of whom have donated to the leading Democrat candidate for President), of this or previous administrations, has taken no action against any of the offending states on behalf of citizens with gun licenses.

I will not hold my breath waiting for a governor or mayor to deny travel to any of these states; or for an actor or pop musician to boycott any of these states; or for Apple, Google or any other company to refuse doing business in any of these states.

Some forms of discrimination are clearly still tolerated, even encouraged.

NOTES

1 Just this week the Texas DPS announced that issued carry permits exceeded one million

2 “The panel held that…the right to keep and to bear arms for self-defense is not only a fundamental right, but an enumerated one…”  Teixeira v. County of Alameda, May 16, 2016

3 I believe in “Constitutional carry,” i.e., the right of every law-abiding, mentally stable citizen to own and bear arms with no additional sanction or burden imposed by federal, state or local government.  I secured a state concealed handgun license out of respect for the law, but I believe that the necessity to do so is a violation of a right guaranteed by the Constitution.

4 California, Connecticut, Hawaii, Illinois, Massachusetts, New Jersey, New York, Oregon, and Rhode Island. Concealed carry permit recognition is also not extended by the District of Columbia, New York City, Guam, Puerto Rico, and the U.S. Virgin Islands.

5 According to detailed statistics maintained by the Texas Department of Public Safety, licensed carriers commit only 0.23% of crimes in this state (as of 2014, the latest year for which numbers have been released).  For a large majority of crimes tracked, no licensed carriers were convicted at all.

Open Carry Returns to Texas

The new Texas open carry law went into effect as of yesterday, January 1, 2016.  If you don’t know this, you haven’t paid attention to the news. News coverage has been more widespread than for any recent state-level gun law that I can remember, with every major media outlet, print and broadcast, carrying stories on the law.

Many reports express breathless worry for public safety, citizens being “uncomfortable” at the sight of a holstered handgun, or increases in crime.  NBC News, for example, exclaims that the “Controversial Open Carry Texas Gun Law Divides State.”  (This is foolish and meaningless on its face; what meaningful law does not “divide” some portion of the population effected.)

Texas is now the 45th state to allow open carry of handguns – a steep majority indeed.  In other words, only five states (California, Florida, New York, Illinois and South Carolina) do not allow the practice.  With 44 states already allowing open carry, is it such big news that a 45th has done so?  Some states provide for “constitutional carry,” i.e., open and concealed carry without a state license.  So why the fuss over Texas?  From the news stories themselves, the concern is simply over the fact that Texas is now the most populous state to allow open carry.

I’ve got news for them all: not one single Texan who was not allowed to carry a gun on December 31 will be allowed to do so on January 1.  The number of citizens licensed to carry did not increase by the law’s passing or its implementation.  The law allows only those who possess a valid Texas concealed handgun license (CHL) to carry openly, and then only in a belt or shoulder holster.  (According to the Houston Chronicle, only 4% of the Texas population holds a CHL.)  If you see someone carrying a handgun openly today, odds are high that that person was carrying a handgun before Saturday, only not openly.  Armed all the same.

Another reason the attention is foolish: according to crime details from the Texas Department of Public Safety (latest statistics are from 2013), Texans holding CHLs commit violent, gun-related crimes at remarkably low rates.  Anyone wishing to be safe would, by the evidence, wish to be in the company of licensed gun carriers.

As someone who has had a CHL for years, and often carries concealed, I can attest that my reasons for carrying have not changed.  I do not feel more aggressive or violent; indeed, I feel the same hope for peace and goodwill as I felt a few days ago.

I have spent much time in states that allow open carry, and have encountered and spoken with people carrying openly.  They have not frightened or threatened me at all.  In fact, I have found the practice rather encouraging, that such freedom still exists.  Even in states more pro-gun than Texas, such as Arizona, Wyoming and Montana, the practice is still uncommon.  I expect that will be the case in Texas, also.  Every CHL holder I have spoken with says they intend to continue carrying concealed in most situations; I expect to do the same.

Within a few weeks and months I further expect that the fear, trepidation and warnings will all prove unwarranted.  I felt the same last spring when the media were warning of violence, protests and anti-government riots prior to the Jade Helm military exercises.  (An acquaintance of mine foolishly claimed that Texans were exhibiting “mass hysteria” over JH.)  Nothing of the sort took place.  Texans are sensible, reasonable people.  We shall show those who doubt us, and those in states who seek to restrict gun ownership, that we are, as I often claim, more than responsible with our freedoms.  I am glad we elected a legislature which is beginning to act in such knowledge.