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!

URGENT: Join The NRA Today!

Shameless commercial plug - I am an NRA Recruiter and get a commission for signing up new NRA members.  But here's the deal:  Our 2nd Amendment Rights Count On It...

We need your help!  There is no doubt that the 2018 legislative session in the state of Colorado and the nation is going to be tough on gun rights.  There is still yet a lot of work to do to save our rights and our future as gun owners.  The new gun-friendly administration has been elected, but they are under fire and being attacked by those not friendly to our rights as citizens to defend ourselves.  In fact, those wishing to take back power have even promised groups such as the "Brady Bunch" that they are will work on new gun control measures behind the scenes now and enact them once they are in power.  And unfortunately, their newly emboldened base consists of some of the most anti-gun, anti-self-defense people in history. 

But we have a strong ally:  The hard work and dedication of the professionals at the National Rifle Association will ensure that we can take the fight against draconian and excessive gun control measures to those who don't want us to defend ourselves.  Watch this SHORT VIDEO about the NRA to learn more...  Then JOIN, as we move forward in 2018 to ensure that all of us enjoy our RIGHTS for responsible gun ownership, self-defense.

NRA Membership is Affordable! 

A one-year regular membership is just $30.00 per year, with savings for multiple years or life memberships.

A full membership also includes your choice of magazine subscriptions to the most informative firearms publications available today.

Additional insurance and other great benefits. 

Support the NRA through your membership.  JOIN THE NRA TODAY. 

You can save on a regular annual membership by joining for multiple years.  A one-year membership just $30.00.  JOIN TODAY.

The Second Amendment is second in importance only to the First!!!  Indeed, it's the Second Amendment that allows the general population to defend all the rest of them from any attempt at tyranny.

"While the people have property, arms in their hands, and only a spark of noble spirit, the most corrupt Congress must be mad to form any project of tyranny."

Rev. Nicholas Collin, Fayetteville Gazette (N.C.), October 12, 1789

JOIN THE NRA TODAY

The following is a quote from James Madison sixteen (16) months before he introduced the 2nd Amendment to the U.S. House of Representatives in 1789.

"Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of."

James Madison, The Federalist No. 48, February 1, 1788

My Philosophy

I believe that our Second Amendment rights afford us as law-abiding citizens the ability to own firearms, and we should be able to use the tools that we see fit to protect ourselves, our families, and our property.  The immortal and often debated meaning of the words of the Second Amendment "A well-regulated militia..." was intended to mean that all citizens have the right and responsibility to bear arms in protection of self, family, and country.  "Well regulated" at the time, meant well trained and disciplined.  We believe that the meaning and spirit of those words are just as relevant today.  Our citizens should be well trained, but "...the right of the people to keep and bear arms shall not be infringed." 

"The Gonz" is a Fort Collins-based political and gun rights activist, NRA Certified Firearms Instructor, and Law Enforcement AR-15/M-16/M-4A1 Armorer, and NRA Recruiter specializing in fostering gun rights and firearms safety.  We emphasize firearms safety and are strong advocates of a law-abiding citizen's right to own firearms for self-defense, hunting, and sporting purposes.  If you live in the Northern Colorado area, please ask how I can help you with all your firearms training needs.  By joining the NRA today, you are helping me to muster the vital resources needed to ensure that these rights are here for our children and future generations to come.

Say “Gun Lobby” One More Time…

I DARE you!  I DOUBLE DARE you!  Seems I always hear the same old worn out talking points from the usual gun-control suspects about how our lawmakers are in bed with the so-called “Gun Lobby.”  Every time someone opposes the new gun control legislation, the gun control crowd is all up in arms (pun intended) about how the “Gun Lobby” is controlling everything.  When the NRA or one of the other gun rights groups gives money to support a pro-Second Amendment candidate’s campaign, it is always the corrupt “Gun Lobby” that is the root of all this evil.  The people spewing this nonsense somehow think that the “Gun Lobby” ONLY supports and is beholding to big business and manufacturers.  Or maybe they think the “Gun Lobby” is in the pocket of some cabal with no regard for the fact that actual people just want to protect and enjoy their rights.  Basically, when the people in gun grabber land don’t get their way, it’s resistance to the evil “Gun Lobby” that becomes their battle cry. 

 “OMG!  The ‘Gun Lobby’ just gave $500 thousand dollars to Senator Smith’s campaign.”

“This is outrageous!  The ‘Gun Lobby’ gave $200 thousand dollars to help defeat our latest gun control measure.”

“Congressman Carson is in bed with the ‘Gun Lobby.’  That is so corrupt that he would take money from a special interest!”

“The ‘Gun Lobby’ is raising millions of dollars to oppose ‘common sense’ gun regulations.”

“This is sad!  The ‘Gun Lobby’ is responsible for the mass shooting that just occurred…”

Evidently, these people don’t realize that the Second Amendment is an enumerated individual right in the U.S. Constitution.  Nor do they realize that these gun rights groups are huge and active because of their large citizen memberships.

I apologize that I can’t write this post in crayon so that those who don’t get it can understand.  But this so-called “Gun Lobby” of which the gun control crowd speaks, The National Rifle Association, Gun Owners of America, National Association for Gun Rights, Rocky Mountain Gun Owners, and a whole host of others, is made up of over five million American Citizens!  That’s right!  We The People are members and make up the body of this so-called “Gun Lobby.”  We are members of these organizations because we are up against very rich and powerful people who oppose gun rights, and we know that the only way that we can win is to join together in a unified voice, and leverage the political and legal clout of these gun rights organizations to help preserve our RIGHTS. 

We pay dues and give donations to these organizations with the full expectation that they will use their muscle on our behalf to help elect pro-Second Amendment candidates, and strongly oppose draconian gun control measures.  So if you are going to claim that the so-called “Gun Lobby” is giving money to these efforts, then my response is: “You’re darn right they are!”  They are doing exactly what We The People, We The Members, and We The CITIZENS are paying them to do.  They are doing their JOB!

Oh, and by the way, the “Gun Lobby” does not cause any of these mass shootings for which the “Gun Lobby” seems to get the blame.  Those are done by sick and broken INDIVIDUALS.  And it’s funny: practically none of these mass murderers are ever NRA members.  Imagine that!

Not that any in the gun control culture will acknowledge these truths, or admit to their own hypocrisy.

"Evil" Rifle Features - Hand Grips

Why am I showing a video of rifles being modified to comply with California gun laws? Because with all the new talk about gun control, California is being looked at as the model for gun laws for the rest of the country. The sheer nonsense and poorly thought-out reasoning of all this is likely coming to a state/city near you, so I wanted to use their example to give you a preview of things to come. California is the home of some of the most Draconian and worthless gun laws in the nation, but it's not surprising that other states, in their haste to "do something," would quickly adapt their model.
There are various accounts in gun control lore about California Senator Diane Feinstein deciding what types of guns to try to ban simply by picking up a gun magazine and circling all the pictures of guns that had "scary" or "evil' features. Adjustable/foldable stocks, pistol grips, flash hiders, forward grips, detachable magazines, and even the infamous "barrel shroud" are all "features" of what she calls an "assault weapon" and all seem to make the gun more "shootier" to her. So she wants to ban these features. Actually, she wants to ban ALL guns. But that pesky U.S. Constitution keeps getting in the way.
“If I could have gotten 51 votes in the Senate of the United States, for an outright ban, picking up every one of them (every gun) Mr. and Mrs. America, turn ‘em all in. I would have done it.” - Diane Feinstein 
First off, these laws concerning firearms configuration are "engineered" by people who know nothing about firearms or firearms safety and are simply reacting to the fact that firearms are "scary" looking.  This is simply more of the "we gotta do SOMETHING" mentality, even if that something is meaningless or even dangerous.
The fact of the matter is that some of these modifications are just downright dangerous to the operator and those around him/her.  Things like certain handgrip modifications that make it easier to drop a rifle or fixed magazine modifications that make it more dangerous to clear certain types of firearms malfunctions all lend themselves to situations where people can get seriously hurt.  I'm not sure who the "experts" are that these people obtained when dreaming up these things, but I assure you that they just didn't think them through.  But I will discuss some of these modifications in more depth in separate posts.
So in this particular video, which mainly discusses "featureless rifles" and in particular different hand grips.  The issue with the handgrip, according to people like Diane Feinstein, is that it allows you to shoot the rifle "from the hip."  Really, Diane?  Is that your concern here? And I always thought that properly holding the rifle in a secure and safe manner would be a primary concern.  I want you to notice in this video how some of these grips just don't allow the operator to securely hold the rifle.  Dropping rifles is not what I call a safe practice.
If you don't have time to watch the whole video right now, at the very least, go to 12:55 in this video to listen to what Chris has to say about some of these ridiculous laws, and how they only penalize the law abiding.  Criminals and those with evil in their heart who want to shoot up Christmas parties, concerts, churches, or schools will not be following these laws.
Stay tuned for more information and more in-depth articles.  And stay involved!  Here in Colorado, we have a new legislative session coming up, not to mention the 2018 elections.  Now is not the time to go back to sleep.

Armor Concepts

Designed to Kill Large Numbers of People Quickly?!

This NRA-ILA article speaks to the rabid and incredible misunderstanding (and fear) possessed by the left of firearms. It also speaks to their complete lack of knowledge about firearms and their refusal to understand firearms usage facts, which leads to their inability make sound decisions when it comes to the legislation of firearms.

In the article, the lawmakers of Wisconsin say they want to ban so-called "assault weapons" and most other types of firearms because they deemed them dangerous because they are “designed to kill large numbers of people quickly.”

 In fact, it appears they are taking a shotgun approach (pun intended) to just ban any and all firearms they can think of. I am not sure they even know enough about firearms to know what kinds of guns can perform what actions, to be honest.

Hmmm.... well what d'ya know? I looked through all of the owner's manuals for all of my firearms, and in NOT ONE of these documents does it say that the firearm was designed for the explicit purpose of killing large numbers of people quickly.

A firearm has one, and only ONE purpose: To allow an operator to pull a trigger that actuates a firing pin that activates an ammunition cartridge and sends a projectile out of the barrel towards an intended target. THAT'S IT! That intended target may be a piece of paper, game being hunted, a home invader, or an invading enemy.

Killing large numbers of people is the intent of the heart of the operator of the firearm. The state of the heart may be that of a deranged and criminal mind who wants to kill as many innocent people as possible. Or the state of the heart may be a law abiding and decent citizen who wants nothing more than to protect loved ones and other innocents from a home invader or active shooter. Perhaps it's the heart of a hunter who wants to put food on the table. Or even just the heart of a sportsman who is competing in a shooting match.

The firearm itself does not have the ability to make these decisions, nor was it designed explicitly for any of these purposes.

Now I will tell you also what the 2nd Amendment was designed to do: It was designed to protect the individual RIGHT to own firearms for the purpose of protecting them from tyrannical governments and invading armies. And if it ever came to this, a firearm of the same type and action of those possessed by the invading entities was the idea of the framers when they wrote this amendment. In other words - possessing military style weapons was the intent of the framers, and is the RIGHT of individuals.

I'm not sure we're dealing with people of stellar intellect in these attempts to ban guns based solely on their perception (not knowledge) of the firearm's appearance, use, or purpose. The only thing I see in play here are people who act based on "feelings" (not knowledge) and the need to show others that they "are doing something."

Get These Guns "Off The Streets!"

Today’s news included a story about presidential executive orders signed to help satisfy calls for gun control.  One of these measures included an order to prevent importing US military weapons back into the country.  The idea for this order is to prevent more of these “military grade” guns from getting onto our streets.  Many of these guns could very well include M-1 Garand semiautomatic rifles that are bought and reconditioned by the Civilian Marksmanship Program (CMP), and then sold to people who participate in legitimate marksmanship programs such as the “Appleseed Project” which is put on by the Revolutionary War Veterans Association (RVWA).  The rifles are also collector’s items owned by legitimate and law abiding gun collectors.

For the purposes of this article, by the way, I am limiting discussion to these and similar rifles.  Any other military grade weapons are probably already restricted from civilian ownership anyway.

Well, you know what?  I am sick and tired of this worn out phrase where the gun grabbing community says they are doing something "to get guns off the streets." Really?  Off the streets?  What do they mean by that?   Are there guns running around on our streets committing crimes?  “Get these guns off the streets” is the cry that I seem to hear all too often, but as I wrote in an earlier blog post about a lack of understanding about gun terminology, I suspect, too, that there is a lack of their own understanding about guns “on the streets.”  To be perfectly blunt, I am relatively certain that the phrase “on (or off) the streets” is a pejorative term meant to indicate anything that relates to common citizens, and those who aren't the “beautiful and politically influential people.”  I think that they consider any gun to be in the hands of law abiding citizens to be included in this “guns on the streets” rhetoric.

But let's say just for a minute (giving them the benefit of the doubt), they mean that “on the streets” refers only to the criminal underworld and the gang element, and they simply want to get the guns out of the hands of these criminals, then they need to try again. There are already laws for that.  What they need to do is start enforcing these laws.  Preventing collectors and the CMP from getting these rifles does not help this situation.  It only penalizes these law abiding folks.  Many of these weapons that come back from overseas are in poor shape.  The CMP buys huge numbers of these things, and cannibalizes them for parts to make enough good rifles to sell to RVWA members, collectors and others.  This is an expensive process, and quite frankly, I don’t think the thug gang members have the skills to do this.

So when I hear a gun control proponent say that they want to get the guns "off the streets" I can only assume that they actually mean that they want to get them out of the hands of EVERYONE!  Sorry – but I am not giving them the benefit of the doubt.  I have seen the gun grabber heart in action too many times.  Gun control efforts are continuously aimed at making it harder for law abiding citizens to acquire that which is already constitutionally protected, and do nothing to prevent criminals from getting them.  When the founders wrote this amendment, it was their intention that common citizens would arm themselves and be able to contribute to the security of the community.  They meant for all citizens to be trained and know how to use those weapons as well.

These people need to spend more time reading their constitutions (I've got a whole box of pocket constitutions if they need any) and enforcing already existing laws, and less time worrying about how to tie the hands of law abiding citizens.

Four Sheets of Parchment

The United States Constitution was written on just four sheets of parchment.  Compare that to a single bill today submitted by Congress that exceeds 2,000 pages.  And I’ll bet the Founders read every single word on every single page of that most precious of founding documents.  Not only that, but they understood exactly what they wrote!  Today, we can’t even get our legislators to be willing to make these huge bills available for us to try to read, much less read them themselves. 

Gary DeMar summed it up pretty well in an American Vision article

“The Constitution of the United States was written on four sheets of parchment. If you count the Preamble and all 27 Amendments (remember there were originally only ten), it comes out to 20 typed pages. If you don’t count the signatures and amendments, you’ll have a document of 11 typed pages. No single Amendment is a full page. Many are only a single sentence in length. The First Amendment covers a multitude of freedoms: religion, press, assembly, speech, and the right to petition the government. It does it with only 45 words. Those original four sheets, about 4500 words, were good enough to serve as a document to govern a nation.”

They give the excuse that the bills are too confusing for them to read.  They wrote them, didn’t they?!  And now they don’t want to read their own writing because it’s too confusing?  If that’s the case, then maybe they should take a lesson from the Founding Fathers and learn how to write things that are shorter and easier to read.  If they didn’t write these bills, then who did!?  Our Second Amendment which preserves our right to defend ourselves is only twenty-six words yet speaks volumes.  Come on – how hard is it to write something as simple, yet as explicit as that?

So what does this mean to us as gun owners?  Take one of the latest in gargantuan bills, the recent Affordable Health Care for America Act passed by Congress, and somehow allowed to stand by the Supreme Court.  In this monstrosity of a bill any number of amendments could spell gun control under the guise of “looking out for our health” and ensuring that we live in “safe environments” in our own homes.  Some say there is the possibility of further registration of every single entry of our medical records into national databases.  It takes only a little common sense for one to realize that buried in a bill that is over 2,000 pages long can be hidden any number of liberty killing amendments.  How about the prospect of turning you into a felon if you don’t buy the healthcare prescribed for you by law?  You do remember that felons can’t own guns, right?  At the very least, this represents further control of the American people by a government that is growing out of control.  

Here is what Gun Owners of America has to say about this bill:

“This bill will...most likely result in all of your gun-related health data being dumped into a government database that was created in the stimulus bill. This includes any firearms-related information your doctor has gleaned... or any determination of PTSD, or something similar, that can preclude you from owning firearms."

The bill will also create special "wellness" programs in section 112 which would allow the government to offer lower premiums to employers who bribe their employees to live healthier lifestyles -- and nothing within the bill would prohibit rabidly anti-gun HHS Secretary Sebelius from decreeing that "no guns" is somehow healthier.”

Hurt yourself reloading?  Need special glasses for shooting?  Have an accident at the range?  My suggestion is to find another explanation for those things to your doctor.  The health care bill above is but one example. There have been several pieces of legislation considered in the past few years alone that have been so huge as to be unreadable and un-comprehended by the average citizen.  Next thing you know, it will be determined that firing a gun produces too much carbon dioxide, and you will face more taxes when buying guns and ammunition if cap and trade is ever passed.

Now, more than ever, it is crucial that gun owners (and all citizens) get involved and educate themselves on every single bill that our law makers try to push through.  ANY bill can have the potential of containing anti-gun content and or amendments.  We must be paying attention every step of the way if we are to have a say in how these laws are passed. 

I know – this represents time out from lives, families and friends.  But our future as a country depends on our willingness to sacrifice a little in order to help secure our future as a nation.  With the voluminous amounts of text in these bills, and the hundreds of amendments being slipped in, an innocent looking and sounding bill can turn into a gun owner’s (or everyone’s for that matter) worst nightmare in a single moment.  We must take an active role in our own governance and make sure our elected officials hear our needs and demands.  In this very important election year - Please – get off the bench and get into the game.