Saturday, November 16, 2019

Firearms Preemption Laws

One of the more confusing, and quite frankly dangerous aspects of gun ownership in many states is running afoul of the widely scattered and different federal, state, city, and local laws regarding guns, gun configurations, and gun accessories.  What is legal in the state as a whole may not be legal in a certain city in that state.  What is legal in a neighboring state may not be legal in your state.  And if something is legal in your town, but you travel to a neighboring town with a certain type of weapon or accessory in your possession, you may be fined or even arrested.  

As mention below, these laws created by local communities create "...a confusing patchwork of laws..." and "...places citizens in the position of not knowing when they may be violating local laws..."

Preemption laws are supposed to be one way to remedy all that confusion and protect citizens.  In an effort to prevent cities and townships from being too far-reaching in their firearms laws, preemption laws are supposed to protect citizens against the confusing web of local laws by making state and federal law the guiding principle in their own laws.

Also related to preemption laws, is something that we have here in Colorado referred to as a "Peaceable Journey" law (CRS 18-12-105.6).  Both Denver and Boulder, for example, ban certain types of firearms and open carry.  But what if I have to drive through either of those cities while in possession of the type of firearm banned in those cities?  If I am pulled over, and the police officer discovers that I am carrying the type of weapon banned in that municipality, they are not supposed to be allowed to confiscate my firearm or even arrest me due to the Colorado state preemption and peaceable journey laws that are in effect.

The Colorado "Peaceable Journey" Law (CRS 18-12-105.6) includes the following:

(1)  The general assembly hereby finds that:

(a)  A person carrying a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another's person or property, as permitted in sections 18-12-105 (2)(b) and 18-12-105.5 (3)(c), may tend to travel within a county, city and county, or municipal jurisdiction or in or through different county, city and county, and municipal jurisdictions, en route to the person's destination;

(b)  Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance;

(c)  This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction;

(d)  This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime.

This Writer's Opinion: Why are we even forced to deal with this hogwash?!  The Second Amendment is clear that the citizens have the RIGHT to self-defense, and to possess the necessary arms with which to be able to defend themselves, their communities, and their families.  The answer is simple: The objectives of these communities include restricting or even banning firearms to make firearms ownership and possession so confusing and expensive, that people will give them up just to avoid being arrested and/or taxed, fined, and regulated into the poor-house.  What other rights as enumerated and are supposed to be protected in the U.S. Constitution cause the citizens to go through this level of gymnastics in order to comply with the law and enjoy the right?  Firearms owners continue to be hated and scorned by certain segments of our community and the lawmakers themselves.

As if draconian state gun control isn't enough, these local city and community laws are an arbitrary and capricious means towards adding a confusing additional layer of gun control.  They are, at the very least, knee-jerk reactions in the wake of tragedies for these city councils to politicize an issue and "grandstand" their efforts to make their citizens think that they are actually doing something meaningful to prevent these tragedies in their communities.

This is why city and county elections matter.  Get active and make sure that you are supporting City Council, Mayor, County Supervisor/Commissioner, and especially County Sheriff candidates who will uphold the U.S. Constitution and protect your rights.  If you have the ability in your locality to vote on judge retention, make sure that you are voting to get rid of activist judges who try to uphold these unconstitutional city laws when they are rightfully challenged.  Attend your City Council and County Commission meetings regularly.  Speak up at these meetings and let these people know your objections to their overreach.  Bring a friend!

For More Information: NRA-ILA Article -

And in Other News...

Taxing the Second Amendment?

Taxing our rights is nothing new for sure.  This video directly ties in with the importance of preemption laws, as mentioned in the opening above.  If a municipality can't ban certain (or ALL) firearms, they will try to make firearms and ammunition impossible to obtain, create red-flag laws to make everyone prohibited to possess firearms, and in the case of the video below, impose taxes to make firearms and ammunition too expensive to obtain.  Besides being an unconstitutional means of backdoor gun control, in my opinion, laws that place exorbitant taxes on firearms and ammunition unfairly prohibit the poor by keeping them from being able to afford even the basic means of self-defense that is supposed to be protected for everyone.

You can stay up to date on this issue and other Second Amendment news and get some great gear reviews by subscribing to The Guns and Gadgets Channel.


Proper Shooting Stance:

In last week's training video, former Navy SEAL Chris Sajnog discussed properly gripping the pistol.  He emphasizes concentrating on proper grip and then letting the trigger finger find its proper position.  This week's video is a good follow up to grip, which talks about proper stance.  Something that I see practiced all too infrequently is finding a natural point of aim (NPOA) and then using stance, not arms, to adjust so that your NPOA is always consistent and repeatable, and accurately puts the correct point of impact on the target.

This practice can be done using the LASR App software as well so that you can practice finding your NPOA and then see how the various adjustments to your stance can affect the actual point of impact on the target.  In fact, using the LASR App system (do NOT do this in live-fire), you can use Chris's practice for finding your NPOA with your eyes closed, then fire the shot with your SIRT pistol or other laser training device before you open your eyes.  The LASR App will record the shot and give you instant feedback to allow you to adjust your stance to align your NPOA with an accurate point of impact.  Then when you think you have found a good and repeatable stance that gives you your properly aligned NPOA, go to the range and practice under live fire to confirm.

And again - practice the "eyes closed" method above ONLY when in a safe dry-fire condition using the LASR App software.  When performing live fire, always keep your eyes open and aimed at your target, know your target and what is behind the target, and between you and the target!

Shameless Commercial Plug:

For more information about the LASR App Training System that you can use to set up this drill in a dry fire environment, see my LASR App page and receive a discount when using my discount code.

To receive a 10% discount on Live Fire Drill Cards, a shooter's training log and some great training ideas visit Burnett LFDC!