Earlier this month, Tea Party Patriots leader Mark Meckler was arrested for unlawful possession of a weapon in New York. I received a number of calls and emails about that. Some were because the people know how much Mark Meckler and I do not like each other and some were because they knew I spent most of my adult life working as either a prosecutor or a criminal defense lawyer.
I have specifically refused to blog on the story of his arrest and am not going to comment on it now. But it is a very good warning for conservatives.
Conservatives are much more likely than others to exercise their Constitutional rights and unfortunately this can sometimes lead to trouble. Some states like Arizona allow open carry or as I like to call it, “Constitutional carry.” Other states like California and New York have all but repealed the Second Amendment.
Over the years, I have handled several cases where someone tried to bring a firearm onto an airplane. In most instances, it was a simple mistake. They were unaware the firearm was in the luggage.
Unfortunately, when you are dealing with the Feds, this is a strict liability offense. What that means in plain, non-lawyer English is that it does not matter that you were not aware the firearm was in your luggage, you are responsible.
Fortunately most firearms violations are not prosecuted under Federal law. Most of the time, these cases are referred to the local prosecutor and in many states this offense is only a misdemeanor. If you are caught, the Feds will hit you with a civil penalty of several thousand dollars and then you will have to face the criminal charge.
If you have a weapon, you are responsible for it.
If you are traveling, check your luggage before you leave. When I travel, I always completely empty my luggage on my return and pack everything myself. I also treat several of my bags as “sterile” bags, meaning nothing that could even be considered a weapon EVER goes into those bags.
If you are traveling to another state, even if you have a concealed carry permit in your state, you may not be allowed to carry in your destination state. Again, it is your responsibility to find out what the local laws are. Some states prohibit certain types of knifes and other things such as clubs, tactical batons and even chemical sprays.
Christmas Eve is tomorrow and many of us will be traveling to be with family. None of us will be singing, all I want for Christmas is to make bond!
The problem is there is no constitutional prohibition against stupidity, whether individual or collective.
Permalink Reply by Michael Harold Davis on TSA is a wonderful organization. I have a pacemaker/defibralor implant. So I have been "searched" many times. Even when I go through the new scanners after I tell them I have it, they still ask me what the metal is on the upper left side of my chest. I now in Wyoming and we all consider each other to be armed and the crime rate is very low. Merry Christmas and remember our lord and savior went through a lot more evil to save our souls than we can even imagine.
Permalink Reply by Gerald V. Todd on How sad! Another example of the result of a moral vacuum we have allowed to suck us dry.
For those who think a strong military or personal defense is counter to real life, consider Jesus’ admonition in Matthew 12:29 and Mark 9:40: “How can anyone enter a strong man’s house and make off with his property unless he first ties him securely? Only then can he rob his house. He who is not with me is against me…”
Permalink Reply by Thomas Nunn on If any state can make a law that conflicts with any part of the Constitution, and enforce that law in what is called a "Court of law",
then we have "no supreme law of the land", or "Constitution".
"Legal Jurisdiction" extents only as far as the law allows, authority taken that is not given by the law, is "Illegal".
The right to keep, and bear arms, is the ultimate authority of the people over any government who refuses to "Honor the Supreme law of the land".
But that right is "limited" by the number of people willing to use that Authority.
Permalink Reply by Louis R Smith on They tried passing a bill a month or so ago that would allow a person to interstate travel with their concealed gun. If you were a legal concealed weapon carrier in your state, then other conceal carry states would honor your license. A lot of these states have mutual agreements worked out. The universal agreement bill didn't pass. The Democrats used a couple of their favorite bummper sticker phrases for 2011. To pass it would have been working towards the "Lowest Common Denominator" which results in "A Race to the Bottom". I've heard those 2 phrases about five thousand times this year. It was like a "No gun left behind" reasoning. Speaking of which, how about the NEA kicking in doors and packing heat. S.W.A.T team S.tudent W.as A.bsent or T.ardy
Permalink Reply by Tommy Davis on I appreciate the advice
Check on www.handgunlaw.us for laws in States you may be traveling to
Salt in a wound is not good advice and I commend you for not beating a dead horse as we say here in Texas. A gun has never killed anyone, it is the operator and I trust the approved gun operators more than I would trust the thieving thugs with their shoot em ups.
MERRY CHRISTMAS AND HAPPY NEW YEAR
You won't see that on one of the Muslim run convenience stores for sure. I've been looking and it aint happening.
The anti-gun liberals have sung that song in every state that has losened the restrictions on carrying side arms for self defense. "There will be gun fights in the streets" yada yada yada. But in every state that has gone "Shall Issue" on carry permits or dropped the prohibition of carry all together, the violant crime rates have dropped dramatically. The old "Brady Bunch" mantra of "Less guns- less crime" just don't fly. I've been open carrying (Constitutioinal carry) sense I got my TN HCP 3 years ago, and haven't noticed anyone getting upset or nervous about it. Oh wait....there was that one panhandler in Nashville, that was about to hit me up for spare change once....until he saw my gun on my hip.
Permalink Reply by S.Terry Carter on Judson, I don't usually quibble about 'open carry' and 'constitutional carry'. BUT, " In the United States, open carry is shorthand terminology for "openly carrying a firearm in public", as distinguished from concealed carry, where firearms cannot be seen by the casual observer."[ Wikipedia] And only in those areas where it is not expressly prohibited and posted. "Constitutional Carry is a term used to describe a situation within a jurisdiction in which the carrying of firearms is generally not restricted in by the law. When a state or other jurisdiction has adopted constitutional carry, it is legal for law-abiding citizens to carry a handgun, firearm, or other weapon either openly or concealed with or without an applicable state permit or license. The scope and applicability of such laws or proposed legislation can vary from state to state. There are currently four US states that have adopted constitutional carry and twelve US states that have pending legislation to adopt it."[ Wikipedia]
In Arizona, we just passed constitutional carry with no permits/restrictions required,effective July 29, 2010.. "Concealed Carry" permits are still issued by the local/state for those who wish to carry concealed in reciprocating states/jurisdictions, but are no longer required within this state.
Permalink Reply by David J Edwards on Here is what Judson's non-buddy, Mark Meckler has been up to:
http://finance.townhall.com/columnists/ralphbenko/2011/12/24/harvar...
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