Is Open Carry all it is Cracked up to Be?

With the recent Sidearm Open Carry bills proposed in the Texas Legislature (HB 700 and HB 1194), I wanted to take some time and dig into this subject from the point of view of the CO.

First, let’s talk about the legal side, I know this can be about as interesting as watching flies fornicate, but as I have always said, the CO needs to be aware and up to date on all laws regarding the carrying and/or use of weapons in self-defense, especially in regards to Open/Concealed Carry, since it is a red flag for Police Harassment. The Alternative, Sheeple Ignorance, is a gloomy prospect, I assure you..READ THIS.

There are a few definitions the CO needs to be clear on to fully understand the in’s and out’s of open (and concealed) carry of a firearm:

1. Open Carry: The Act of Publicly carrying a firearm on one’s person in PLAIN SIGHT.
2. Plain Sight: Broadly defined as not being hidden from COMMON OBSERVATION; varies in definition from state to state.
3. Preemption: In the context of open carry, the act of a State Legislature passing laws which limit or eliminate the ability of local governments to regulate the possession or carrying of firearms.
4. Prohibited Persons: People prohibited by Law from carrying a firearm. Felons, Anyone found guilty of Domestic Violence Charges & the Mentally Unstable fit this bill.

Currently in the United States, there are several designations of how the States breakdown as far as Open Carry (Taken from Open Carry.Org & Wiki-Pedia):

1. Permissive Open Carry States: A state has passed full preemption of all firearms laws. They permit open carry to all non-prohibited citizens without permit or license. Open carry is lawful on foot and in a motor vehicle. It must be noted that while open carry may be legal in such jurisdictions per se, persons openly carrying firearms may be detained and cited by law enforcement officials for disorderly conduct or disturbing the peace in certain locations and circumstances where openly carrying could cause public alarm. These states are:  Alaska, Arizona, Montana, Idaho, Vermont, Wyoming, Nevada, South Dakota, Kentucky and Virginia.
2. Licensed open Carry States: A state has passed full preemption of all firearms laws. They permit open carry of a handgun to all non-prohibited citizens once they have been issued a permit or license. Open carry of a handgun is lawful on foot and in a motor vehicle. These States are: Oklahoma, Utah, North Dakota, Minnesota, Iowa, Indiana, Tennessee, Mississippi, Georgia, Massachusetts, Connecticut, Rhode Island, New Jersey and Maryland.
3. Anomalous Open Carry States: In these states, open carry of a handgun is generally lawful, but the state may lack preemption or there may be other significant restrictions. The limitations and/or lack of pre-emption may mean that certain areas of these states are, in their judicial system and law enforcement societies, not very friendly towards the practice, although this is not true in all of these states. These States Include: Colorado, Nebraska, Kansas, Missouri, Louisiana, Alabama, Wisconsin, Michigan, Ohio, Pennsylvania, West Virginia, Maine and New Hampshire.
4. Non-permissive Open Carry States: In these states, open carry of a handgun is not lawful, or is only lawful under such a limited set of circumstances that public carry is prohibited. Such limited circumstances may include when hunting, or while traveling to/from hunting locations, while on property controlled by the person carrying, or for lawful self-defense. These States Include: Texas, Arkansas, Florida,  South Carolina, Illinois, New York and Washington D.C.

OK, so now you know some of the legal stuff, what does the CO gain (or lose) by carrying openly?

There is a line of thinking in the RKBA and Training community concerning the degree of Deterrence that OPEN carry can TRULY exhibit on crime. First to clarify this, we need to separate the ideal of deterrence into two parts: Social and Personal. As far as Social Deterrence, I have always found this type of thinking to border on role confusion, ie “wanna-be-cop”. Since I, as a civilian, unless the crime directly effects me or my property, have no business or authority in regards to Stopping and Investigating crime;  that is Law Enforcement’s job. If we go any further on this ideal then we risk sounding like some kind of half-ass vigilante and as the Zimmerman case has shown, the legal system will steamroll you.

As far as Personal Deterrence, does Open Carry improve the odds I WILL NOT have to use my weapon? Listen, one can only go so far to avoid and deter bad situations. If we are following Safety 101 and:

• Avoiding places we do not need to be in
• Refraining from verbally assaulting people (road rage for example)
• Being aware of our surroundings as much as possible

Then banking on the ideal that by carrying a gun for everyone to see that I am somehow intimidating or influencing a bad guy’s behavior qualifies as “Armchair Warrior Fantasy Training 101”. To me it ranks right up there with training to shoot people in the leg or “carriage” to take away their mobility: STUPID!!

Listen guys, the entire reason a CO carries a gun, either open or concealed, is to protect THEMSELVES AND THEIR FAMILY/LOVED ONES..PERIOD!  Yes, you hope you NEVER have to use your weapon, and you go to great lengths ensuring that you do not have too, but let’s get real and FLUSH this Open Carry Deterrence garbage right now!

Secondly, an often overlooked downside to open carry is the INCREASED necessity of RETENTION TRAINING. I am in no way implying that retention training should be a secondary subject in regards to the CCL’s repertoire, but carrying concealed means the weapon is not visible until it is presented. With open carry, the weapon is visible 24/7,  meaning everywhere the person goes and every situation they inject themselves into, they bring with them a visible, loaded firearm. At a minimum, I would suggest some type of  solid retention holster and some solid combative retention training. Krav-Maga offers some excellent material in this vein:

So where does that leave the CO? Is he truly better off showing the world his gun or keeping it hid? Since the OODA Loop is the true currency of a violent encounter, and time is often measured in precious seconds, (not the national 911 Police response time of 11 minutes) having the edge to ACT versus REACT is key to survival. Let’s be real, having a gun out in the open attracts attention. Plus, according to the laws surrounding Open Carry as listed above, where a LEO can detain and arrest you for carrying in the open and “Causing public alarm”, the con’s of open carry tip the scales.

Understand that the CO must adapt with the times, and with the nation wide fear induced, anti-gun delirium currently out there, the CO would be wise to STAY OFF THE RADAR!!

But as always, in the Process, Stay Dangerous!

The CCL “Vigilante Temptation”

Lesson of Colorado: Ignore Victim Disarmament Zones
and pack concealed anyway.

From Mike Vanderboegh (with permission), sipseystreetirregulars.blogspot

Friday, July 20, 2012

You know, my daughters go to the movies. What if Malia and Sasha had been at the theater, as so many of our kids do every day? — Barack Obama reacting to the “Colorado Movie Massacre.”

  I’ll tell you what would have happened — the Secret Service protective detail would have put several bullets through the face piece of the moke’s gas mask — end of story. The hypocrisy of these Mandarins, who live in bodyguard envelopes whenever they venture out of their designated Green Zones, knows no bounds. One of my daughters went to another midnight showing of the same movie here in Birmingham last night. She went with her boyfriend who was packing his permitted FEG Browning Hi-Power clone, despite the fact that the theater has a “no guns” policy.

Virginia Citizens Defense League lists Cinemark Theaters (which also owns Tinseltown, Cinearts, and Century Theatres) as being victim disarmament zones upon orders of the management. If so, it was only a matter of time before something like this happened.

Of course, as I lay on the couch upstairs this morning trying to control my nausea, I watched the predictable blood dancers of the victim disarmament crowd (Bloomberg, the Brady Bunch, et. al.) who made it more difficult to hold down my breakfast (a struggle I ultimately lost).

To me, the lesson of last night is to ignore Victim Disarmament Zones and pack concealed anyway. Only you are responsible for your safety, not some risk-averse corporate drone a thousand miles away.

We will find out in time what motivated this particular lunatic, but the essential lesson is that only the ARMED intended victims of a mass shooting can interrupt the shooter in time to make a difference. The same goes for government-sponsored genocides, as the Jewish people have learned too many times in history.

_____________________________________________________________

A good friend recently sent me this article and it raised a very valid Point, and an argument that has been around for some time:  What good would having a CCL had been in this situation if it was illegal for me to carry a gun in the theater anyway?

This article got me thinking; if I were to make a list of places that it was illegal for me to carry my gun and then compare that list with places where “Active Shooter” incidents have occurred in the last 20 years say, how would it compare?

I think we should begin by going over TX Penal Code regarding where it is illegal to carry a firearm, regardless if that person holds a valid CHL. Since the law(s) are long and verbose, here is that LINK. Section 46.03 is the specific section you will need to read..I provided the entire Section 46 for context however. You will notice in 46.03 that there are several caveats(for instance with carrying a gun on school grounds) that would require written authorization. As I stated before, these laws are pretty clear-cut. I also found this helpful CHART which the Texas Concealed Handgun Association published.

Moving on to specific businesses and Institutions, what I have done is listed places where active shooter incidents have occurred and then compared the law or policy for that place of business/Institution. I will forego the Ft. Hood Army Base and Tuscon, AZ Gabby Gifford speech comparison, since it is common sense you could not carry a gun on a Military Installation or at a Political rally unless authorized.

Active Shooting Incidents in United States in Past 20 Years

1. 1992 Luby’s Massacre, Kileen TX.     22 Killed.

2. 1998, School Shooting, Jonesboro AK.   5 Killed.

3. 1999, Columbine High School, Littleton, CO.   13 Killed.

4. 2007, Virginia Tech College, Blacksburg, VA.   32 Killed.

5.2008, Northern Illinois University, DeKalb, IL. 6 Killed.

6. 2009, Ft. Hood Army Base, Killeen, TX.   13 Killed.

7. 2011, Outside Supermarket, Tuscon, AZ.(Rep. Gabby Gifford) 6 Killed.

8. 2012, School Shooting, Chardon, OH. 3 Killed.

9. 2012, School Shooting, Oakland, CA. 7 Killed.

10. 2012, Cinemark Theater, Aurora, CO. 12 Killed.

School Shootings

As we can see, over one half of the listed incidents occurred on school campuses. Regarding carrying on elementary and secondary school campuses, Texas law is clear on this matter as we have already read in Texas Penal Code 46.03. Regarding the debate on firearms on college campuses, the debate is raging nationwide. In 2011 legislation was introduced in Texas that would make it legal to carry a firearm (handgun) on college campuses, unfortunately, that bill (House Bill 750) lacks a co-sponsor and is stagnating on the legislative calendar. You can find a complete Overview of State Laws regarding  CCL on college campus’ HERE.

Luby’s Shooting

It is funny when you decide to start digging into such an ugly situation as this, you sometimes find the most inspiring stories and some important 2nd Amendment History to boot! Meet Suzanna Hupp; As we can see, sometimes tragedies open people eyes to the truth. because of Mrs. Hupp’s efforts, Luby’s changed it’s concealed carry policy. I only hope the same can hold true for the latest tragedy in Aurora.

Cinemark Shooting

This is a real shocker, as Cinemark is a Texas based company, but apparently is run by lib-tard space cadets. As the opening article stated, Cinemark’s current CORPORATE policy concerning firearms in their theaters are “Law Enforcement Officers Only”.  In our local Texas Cinemark theater, they have 30.06 signs prominently posted at the front entrances.

In closing, after looking at all the data, where does this leave us? The obvious answer, and it is not a original one by any means, is just to ignore the Business/Institutions 30.06 Posting and pack anyway as the opening article suggest. Let’s take a moment and look at that. “What If” you had broken the Theater mandate and packed anyway that fateful night? Let’s be optimistic and say you survived the encounter and managed to stop Holmes, either killing or wounding him. What legal re-percussions would you face? Since it is beyond the scope of this article to get into every legal ramification (criminal and civil) possible in a situation like this, let’s go back to Texas Penal Code 46 and 30.06 to get a General answer.

I will let the reader be the judge if it truly worth it to break the 30.06 law to possibly save your life or the life of another. It is an unfortunate fact that most laws and regulations are written in blood in this country, the Luby’s incident in 1992 is a prime example; it took the courage of one woman to bring the issue to light. It is true that nobody else, not the government or any private business are responsible for your safety as much as you, the private citizen are. However, this does not mean we can break the law to enforce our own ideals of “logical firearm carry”; if we do that, we violate and put at risk the very right to carry we hold so dear in this country.

I would also be amiss not to mention that I have to disagree with the article that I posted at the beginning. The author, although vehement in the shortcoming of the law, does not seem to want to point out to the reader the equally vehement re-percussions of breaking the law..I think both should get equal time so nobody gets confused at what is at stake; jail time and permanently losing the ability to possess firearms. Of course some would argue that those re-percussions are peanuts compared to losing your life in a violent encounter,  but as a lawyer once told me, if you DO survive and kill the other guy, the real fight for your life is just beginning and will occur in the courtroom after a shooting. I think everybody can agree after watching the Martin Zimmerman case unfold before our eyes recently that is indeed a true statement.

Stay Dangerous.

Fear

I have been writing articles on Active Shooter scenarios since this blog began. I have made it my mission to equip the average civilian with the tools and information needed to defeat these animals. My Civilian Operator course has specific modules so every day people can counter acts like these. In saying all that, when things like this happen, it pisses me off; It angers me to no end. More than that, It saddens me. I will admit, that day me and my wife as we watched the news and looked at the faces of the parents who had lost a child, or a wife who had lost a husband, we both wept. As I held my wife close, trying to console her fear, I told her “Everything gonna be OK” but something deep down in my heart knew that was a lie…because anomalies like James Holmes can strike out of nowhere, with no warning..and although the lib-tard media and the Obama White House go out of their way not to use the term, I define that as an ACT OF TERROR.

You see whether you want to admit it or not, that act in that Colorado theater that night struck FEAR into the heart of every American.. as much as Osama Bin Laden and the hijackers did on 9/11 I would wager. No, the magnitude was nowhere near what 9/11 was and the body count was immensely smaller, but that “X” Factor, that “Come out of Nowhere randomness” is what scared the hell out of people. FEAR is what makes us hold on to our child’s hand a little tighter when we go to the supermarket or double-check the lock on the front door when we go to bed at night… But alas, there is hope.

You see, FEAR is only a word until you en-power it. It is like a car without any gas in it; it is not going anywhere until you fill it up. You have the power to decide how it will affect your life. Sure, we can throw up our hands and say “What will be, will be!!” or, we can take a cue from our Revolutionary forefathers, who looked fear right in the eye and said “Let’s Party!” They sharpened their swords to a fine edge and double checked their gun-powder to make sure it was bone dry and they went out and faced one of the most powerful armies on the planet and WON. I propose to you that there greatest ally all those years was not patriotism, but FEAR.  As an old Military acquaintance of mine was fond of saying “Fear is a helluva Motivator!”…….

This tragedy in Colorado begs the question: How can you prepare for such a vicious act of random violence? I mean really prepare yourself? Looking at the checklist, you go down the list, line by line…..

• Bought dependable Weapons…….Check
• Bought the deadliest ammo on the planet………..Check
• Train Regularly……….Check
• Read a Good Blog with GREAT Info!!…………CHECK!!  (hint)

The list, although sounding complete, seems to be missing something…you scour your brain, scratch your head, and then like a bolt of lightning; it hits you….

• What Motivates me to Train?? Is it Fear that someday some bunghole will try to kill me or my family and I won’t be ready, or I will hesitate at the moment of truth? Congrats man, you can put a check in this column!

What I am trying to say in all my verbose splendor is that FEAR is OK..it is a gift, to quote a book by the same title. It was put there for a reason. It is up to you to use that fear to drive you forward..to motivate you. Our enemies out there, think that by instilling fear into our hearts, it will paralyze us, make us weak..easy targets, easy marks.

We have to flip that thinking on its ass! Let that motivate you to get that Concealed Carry License, train a little harder, become a better warrior, a better father, a better husband…..You have the power my friend…..nobody else is going to do it for you..not the government, not the Police, nobody but YOU.

Scanning and the Third Eye

 

It came to my attention during a recent series of drills that there are certain things MOST gun schools teach people that are regarded as necessary and prudent, but in reality are just uneccessary movement. We should always seek in our training to do MORE with LESS, to trim off any movement or action that is not efficient. One of these is SCANNING after THE FIGHT IS OVER.

You watch any person that has received any type of modern firearms training, and you will see this maneuver: They engage the target, then with a turn of their head, look left, then right, then they may check their six. Ask youself this question: You have just been in a violent encounter..you have had to shoot a person to stop them from killing you or a loved one, you now want to look around (scan) to ensure he has no buddies lurking to back him up, do you think it is prudent to just simply LOOK with your eyeballs or SCAN with that THIRD EYE, your weapon and be ready to shoot again quickly?

You have to use probability here, wolves run in packs, you have just took down one; the chances that you will have to fire again are pretty high, so we need to be ready to do just that. If we follow the protocol taught by 95% of the “gun school” dogma, we will not be ready to break that shot..we will have our feet planted like a statue, the gun at the low ready (or SUL) with the safety engaged (if applicable to that model) and only our head turned in the direction of the threat. This is Bad and will get you killed. Press rewind and then pause.

You just killed a BG. Keeping the weapon at the (up) ready position and the safety still off, your finger inside the trigger guard and on the trigger with no pressure,with the weapon lowered just enough where your field of vision is not impaired (to gain a sight picture all that is required is 1/2″ of upward movement with the weapon) you swing around 360 degrees slowly, your feet are in a power stance, ready to move, you scan the entire area. You now have three “eyes” scanning…two eyeballs and the barrel of your weapon. If no threat is found, and when you feel the situation is secure, safe the weapon and go to low ready.

You will find when you apply this technique, your speed (time on target) will dramatically increase, only becasue you are “pre-setting” every thing that is required to get those hits. You body is already squared off to target, your vision is focused to the threat, sights and muzzle are already in the general direction of the threat, all that is required is a “Type 2” or “Flash Sight Picture” to get the hits. Depending on distance and proximity of target, you may just have to super impose the front sight aperture on the target or you may need a traditional sight picture..whatever the case, you are ready to break the shot.

I need to interject something here that alot of people seem to glaze over. The issue of COVER. If you have just been on the winning end of a violent encounter, there is a good chance you will be behind some type of cover, because gunfights do not happen in a static vacuum and people do not stand still when shot at!  If you are behind cover, STAY THERE! You can repeat the above scanning process right where you are at.

In closing, we need to apply this formula to all areas of our training. Wasted movement for the sake of just going through the “motions” is stupid. Examine this next time you train and when you find wasted movement, flush it and examine how you can make it more efficient. It could save your bacon some day!

Stay Dangerous.

The Holster Debate

Ahhhh..the old debate; Leather vs. Kydex for a gun holster. It is much akin to 9mm vs. .45 or AR vs AK debates of old. You have loyal disciples on both sides who are quick to tell you how they feel. As with all subjects, we here at HCS like to give you the facts and let you decide, BUT in the end, of course we have to choose one. When it comes to IWB/AIWB holsters and mag carriers pertaining to the CCL, comfort is the dictating factor. If it is not comfortable, you will leave it at home..trust me on this. If your holster feels like a block of wood in your pants, you will most likely pass. The same criteria goes for mag carriers, even though they are typically worn on the belt horizontally or vertically, the ability to conceal is huge, and yes, some do it better than others. Another issue is how the holster connects to your belt: Options include:  j-hooks, clips, loops & tek-lok just to name a few. The best option are slots through the holster or carrier itself, that way you have no weak point to snap or break at the wrong time and the holster will conform to your body better. It also limits what parts you will have to eventually replace over time, being that most snaps and j-hooks have some type of allen or phillips screw that attaches it. Fewer moving parts=less maintenance.

Leather Pro’s

• Comfort
• Contour to body (IWB)
• Less “Gun rub” on weapon

Leather Con’s

• Some models require a “break in” period, depending on the QUALITY of leather used
• Not Weatherproof unless treated properly

Kydex Pro’s

• Weather resistant
• Durable
• Re-Holstering somewhat easier
• Tension is Adjustable

Kydex Con’s

• Can be Bulky
• Uncomfortable edges
• “Gun Rub” is more pronounced on weapon

 

 

The bottom line here is (surprise, surprise!!) you will get what you pay for in a holster and mag carrier. Spend the money for something that is comfortable and functional. The best test to determine which type you want to go with is to wear the holster for an entire day, checking fit and concealability regularly. (Concealability will also depend on your cover garment and that is not really the scope of this article; we will have an extensive piece on that later this month.) Pay attention to how it feels; riding in a car and sitting down  especially, as that is the position where people run into problems. Also with a leather holster, pay attention to the mouth of the holster and how it is built. You want a well formed “lip” around the mouth so re-holstering can be done by feel. On well built holsters, often there is extra material in this area for this reason. Lastly, with both types, you can have a sweat guard installed to keep your weapon from getting rusty. You will notice I never mentioned nylon…Simply put, nylon is trash..stay away from it for serious social use. 

 

 

 

 

 

OK, so down to the final verdict. For me, I have always preferred leather, I have used the same holster for my G21SF (Garrity In-Cognito IWB pictured above) for years now (yeah it has old school snaps and literally has some blood, sweat and tears on it) but I could not dream of using anything else. I have recently ordered a Garrity AIWB “In-Victus” for my G30 and can’t wait to try it out.  I also have used kydex extensively during work, using the Fricke horizontal kydex mag carriers (pistol) and the Caleb AK Mag Carrier and highly recommend them..very sturdy and I like the adjustable tension. BTW, both of these guys I just mentioned, Mark Garrity and Dale Fricke are outstanding human beings and master craftsman, so please visit their websites and buy something…and for those of you wondering, NO they don’t pay me to advertise, I do it because they are my friends and they make an outstanding product.