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.

Source:  Lexis Colorado Revised Statute Annotation

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 - https://www.nraila.org/articles/20191111/strong-firearms-preemption-laws-are-more-important-than-ever

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.

Training

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!

Firearms Warning Labels

First and foremost, today is Veterans Day, and I want to take this opportunity to personally thank all of my fellow veterans, our law enforcement, and our first responders for your service.  You are the reason that we are all safe and free!

It's been a while since Alex Kincaid has posted a video, so I wanted to share this one with you.  For those of you that don't know, Alex is an attorney who practices, among other things, protecting Second Amendment issues and gun rights.  Please check out her channel sometime.  She has a lot of excellent Second Amendment information in her videos and explains the legal aspects of gun ownership, especially legislative issues very well.

In this video, Alex explains laws that several states have put in place to provide "warnings" about the dangers of firearms.  Firearms are deadly.  No kidding?  Sometimes a deadly weapon is the only thing that stands between an innocent victim and a deadly attacker.  As she mentions in the video, the purpose of all this is not to enhance firearms safety, but to instead spread misinformation.  Incorrect or even outright dishonest information about firearms is often used to promote fear in the minds of gun buyers and even gun sellers to try to deter people from even legally purchasing firearms.  By treating everyone as idiots instead of educating them about firearms, we are not only denying their ability to learn and make good decisions but also needlessly instilling in them fear about a tool that should be respected and handled properly.  A tool that all by itself does not hurt or kill people,  but in the proper hands could be a tool that saves a life someday.

As Alex reads the statistics used by the anti-gun legislators who put these laws into place, please be sure to also read the actual statistics that are shown.  I have heard several anti-gun legislators and anti-gun groups try to use statistics from the Violence Policy Center, for example, who are notorious for spinning the numbers to suit their agenda.  The fact of the matter is that the vast majority of laws like the ones discussed in this video are simply ineffective, as illustrated by the actual statistics from the FBI and others, but at least allow the lawmakers to say that they're "doing something."

This Writer's Opinion: Gun control comes in many shapes and forms from banning certain types of firearms to making firearms ownership so expensive that the average citizen can't afford it, to inciting fear in the public and making them hate firearms.  Spreading fear, uncertainty, and doubt (FUD) is yet another gun control tactic, and appears to be a great way to make people hate inanimate objects and even hate the law-abiding people who legally practice a Constitutional right.   One of my professors in my Master's Degree program used to say that "Figures don't lie, but liars sure do figure."  When I see a lot of these anti-gun groups try to use statistics, especially statistics that aren't even true, I get very concerned.

The key to preventing tragedies such as those involving so-called "accidental" (they are negligent, not accidental) shootings is through education and awareness.  Teach your kids about firearms.  For that matter, invite your anti-gun neighbors to the range and introduce them to the extremely high level of safety practices that we use around firearms.  Open their eyes with education, not with fear.

And in Other News...

Suppressors and Hearing Protection:

In this article (click on the image below) from the NRA Institute for Legislative Action (NRA-ILA),  they cite that the National Hearing Conservation Association has published a paper recognizing the importance of suppressors in hearing protection.  As a person who suffers from a world-class case of tinnitus from years of working on jet aircraft and participating in shooting sports, I can tell you that anything that will help prevent or even lessen tinnitus is extremely valuable in efforts to enhance the quality of life, especially in later years.  Hearing loss and tinnitus issues for gun owners can be prevented by simply allowing law-abiding citizens to use the normal firearms purchasing processes access to an accessory that can be a big part of hearing conservation programs for hunters and in fact all gun owners.  I personally also see this as a very valuable tool in the home defense firearm arena.

To be honest, I have no idea how a firearms accessory such as suppressors even made it as an object that people felt needed to be so strictly regulated through the NFA.  Well, yes I do: people have been watching too many James Bond movies.  They somehow got the idea that if suppressors were available using the same background check system used to purchase firearms, that we would all run around like a bunch of little James Bond assassins.   The thought is that suppressors somehow hinder law enforcement's ability to see muzzle flash and hear gunshots, and will hinder the ability of urban shot detection devices to work properly.

Look, if I'm in my home and a violent intruder crashes through the door and I have no choice but to use deadly force to stop the attack, wouldn't it be reasonable to think that a device that would help prevent my family and me from having our eardrums blown out would be of enormous value?  The police are going to be called anyway, and they will be able to investigate.  Having a suppressor on a home defense weapon is not going to hinder their ability to do that.  Nor is having a suppressor on a hunting rifle going to hinder anything.  As for the actual assassins (gang members) running around killing people - hindering law-abiding citizens is not going to help that situation.  Those people don't acquire their firearms through normal lawful channels.

Read Full Article Here

Training

Proper Pistol Grip:

In last week's news update, I posted a training video about how to use trigger finger isolation techniques to find the good trigger finger positioning for YOU in order to improve marksmanship.  I have seen many instructors who insist that everyone should be using the same trigger finger placement, which in my opinion is simply not true.  Everyone has different hands.

This video from former Navy SEAL Chris Sajnog also discusses trigger finger placement but wraps it into the whole technique of properly gripping the pistol.  He emphasizes concentrating on proper grip and then letting the trigger finger find its proper position.

This grip and trigger finger placement practice can be easily and effectively done using the LASR App software.  Practice proper grip, but also practice with different trigger finger placements as well so that you can see how your grip and the various trigger finger placements affect the actual point of impact on the target.  Then when you think you have found your proper grip and trigger finger placement, go to the range and practice under live fire to confirm and build up good muscle memory.

Shameless Commercial Plugs:

For more information about the LASR App Training System that you can use to set up this type of practice 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!