Wednesday, October 19, 2011

Newsletter Article October 19, 2011



More info and maps available from: www.opencarry.org

"Open Carry in Oklahoma"



Some Background

For the past two years "open carry" legislation was introduced and voted upon in the Oklahoma Legislature.



The first time, the bill, which allowed concealed carry licensees to carry "open" was passed in both houses, only to be vetoed by then governor, Brad Henry.



Then last year, the bill, submitted by Sen. Steve Russell, was widely written to include 18+ years citizens to carry open any pistol, rifle, or shotgun. It was defeated in the House led by Rep. Sue Tibbs.


There is a good chance that there will be another "go" at introducing some form of "open carry" legislation. What form that takes remains to be seen.


What does that mean to us?



If another attempt to pass a bill allowing unlicensed folks to carry makes it all the way through, the general populace will be able to carry without a license. If submitted, passed, and signed into law, it will, like several other states, provide an avenue for non-felon citizens to carry open, in plain view.



If legislators fall back to allowing "open carry" for concealed carry licensees only, then folks must still take the required training and apply via their local sheriff's office to the OSBI. In this case, the "Concealed Weapon License" will probably be renamed to, something along the lines of, a "Weapon License" or "Handgun License".





Who Wants Open Carry?



Among concealed carry licensees, most who want the ability to legally carry, are driven by the desire to be within the legal guidelines if they accidently or inadvertently "flash" their gun while carrying concealed. There may be a few other instances in which some will want to carry open while "out and about", but they are likely few in actual number. Most concealed carry licensees will probably still want to carry concealed most of the time.



For others who favored the 18+ years old, unlicensed carry, which included rifles and shotguns, many viewed it as being very close to "constitutional carry", more along the lines of what was intended by those who penned the 2nd amendment. Within that group are folks who don't want their name in a computer or on a list exposing them to future "gun grabbers". In addition to those folks, as mentioned before, are those non-felons, who previously could not qualify to carry concealed because of other background issues.





Hmmm...



An interesting point: If the 18+ years old version of the law passes, 18 year olds could carry open, but not purchase, handguns. They would have to depend on acquiring handguns by some other means.



Another interesting point: If you can carry open, but are not licensed to carry concealed, we will likely see holsters appear that tend to "conceal" handguns, but are still legally considered "open holsters".





Why not carry "open"?



One thing that Law Enforcement is painfully aware of, is that it is not uncommon for bad guys to go for an officer's gun. So if it happens to cops, it'll sure be happening to citizens carrying "open".



This may be an issue, but there are some factors that, I feel, mitigate that risk. One biggie is that officers are often placed in environments and situations which put them at risk for gun losses. Most regular folk will not likely be putting themselves in such an environment.



Carrying open will draw a lot of attention to the carrier, whether that attention is wanted or not. "Blending" in will be difficult.



That being said, carrying open is going to be a greater risk to the carrier, compared to concealed carry. One who carries open should be concerned and train for eyes being on them as a potential target. That gun, hanging in the side-mount holster, is going to attract attention; some of that attention may be unwanted. Training in gun retention techniques is a "must" for those who desire to carry open.





Possible Advantages of Concealed Carry



With your gun concealed, you look like most of the other people walking around. There is a "tactical advantage" that you possess by not "telegraphing" to bad guys that you are armed.



If carrying open, and a bad guy notices you, he may see you as the first obstacle to be dealt with. And you know, bad guys don't like fair fights. They'll probably strike without warning, from a position of advantage, attempting to take the "open carry threat" out early. (Like a bank robber would likely attempt to take out a bank security guard.)



This is one of the reasons concealed carry works so well. The bad guys don't usually know who is and who is not carrying concealed.



Not having that target on your back, is different from knowing you are being looked at. There is a huge comfort level in knowing you aren't having to deal with an attention getting device. You are going incognito.



Concealed carry is much less worrisome for the carrier than open carry.





Other considerations



In certain instances, open carry may discourage an attack. If a bad guy feels that there is too much risk, he may seek out other targets. If he notices that three folks are walking into a store with guns on their hips, he may pick another store.



So open carry, in certain instances, may be a preventative influence on the commission of crime.





When It Comes Down To It



It could be that the best scenario involves some who are carrying openly and some who are carrying concealed. Once we get used to it, both open and concealed carriers may blend right together into an effective crime prevention deterrent.





My Opinion



I prefer "Constitutional Carry". I think any U.S. citizen, not previously convicted of a felony, should be able to carry open or concealed, without a license. Vermont has had that for decades. Arizona, Alaska, and Wyoming have it now. So far, no blood-baths in the streets.



If I were a bad guy, I would feel a bit more timid about victimizing folks in those states.



- Don

Article from Summer of 2010




THE TAURUS JUDGE
Illegal to Carry in Oklahoma?



Recently I received an e-mail from a subscriber who said that he was told by a Law Enforcement Officer (LEO) that if he carried a "Judge" loaded with .410 shot shells he would(could) be arrested for carrying a "sawed-off" shotgun. He wanted my opinion on that.

This is not the first time I had heard of such a thing. I have talked about this with other Concealed Carry Instructors and received mixed opinions. Some feel that it is indeed illegal, some are convinced it is not.

I have my own opinions on this subject. However, I am not an attorney. I am just a gun instructor. To get a legal opinion it is best to seek out a licensed attorney in this field.

Though I'm not a lawyer, I have found, on page 28 of the November 2010 revision of the Oklahoma Self Defense Act Lawbook is the following verbiage: (you can get the most recent SDA Lawbook in a .pdf at
http://guninstructor.net/SDA_Lawbook_NOV_2010.pdf)

Title 21, 1289.18

"SAWED-OFF SHOTGUN AND SAWED-OFF RIFLE DEFINED-VIOLATIONS-PENALTIES

A. "Sawed-off shotgun" shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion.

B. "Sawed-off rifle" shall mean any rifle having a barrel or barrels of less than sixteen (16) inches in length or any weapon made from a rifle (whether by alteration, modification, or otherwise) if such a weapon as modified has an overall length of less than twenty-six (26) inches in length, including the stock portion.

C. Every person who has in his possession or under his immediate control a sawed-off shotgun or a sawed-off rifle, whether concealed or not, shall upon conviction be guilty of a felony for the possession of such device, and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment in the State Penitentiary for a period not to exceed two (2) years, or both such fine and imprisonment.

D. It is a defense to prosecution under this section, if the approved application form that authorized the making or transfer of the particular firearm to the defendant, which indicates the registration of the firearm to said defendant pursuant to the National Firearm's Act, is introduced."


Looking at the definition in "A", you can see where an LEO might get the idea that a Taurus Judge loaded with .410 might fit that definition. But so would a Bond Arms 45/.410 Derringer. And so would any pistol loaded with shotshells (oftentimes called "snakeshot). In reality, this could apply to any handgun loaded with such ammo. If taken that way, that definition regulated ammo rather than guns. Was that the intent? This gun instructor doesn't think so.

Looking at "D", it seems to me, as non-attorney gun instructor, that if we buy a firearm that comes into question, and have gone through the paperwork deemed necessary according to the National Firearms Act... that is a valid defense. So, to me, that means that if you bought the gun from a dealer and filled out the required forms, and all was approved in accordance with the Federal Law that dictates such a transaction, that gun is OK.

Of course, that means that if we buy such a gun in a personal transaction, that doesn't require such paperwork, we cannot use that as a defense.


What is the Legislative Intent?

On page 16 of the SDA Lawbook, under Title 21 1290.25, Legislative Intent, it says:

"The Oklahoma Self-Defense Act shall be liberally construed to carry out the constitutional right to bear arms for self-defense and self-protection."


To me, this means that a ruling should lean toward leniency if found to be contradictory, or if found to fall in a "gray" area. So this gun instructor's belief is that the law was written to allow as much as reasonably possible and not intended to be "tightly" regulated.


Other definitions

Title 21, 1283 F

"For purposes of this section, "sawed-off shotgun or rifle" shall mean any shotgun or rifle which has been shortened to any length."

and Title 21, 1289.5 Definitions for Firearms Act

"Shotguns" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to cause lethal injury, with a barrel or barrels more than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include any weapon so designed with a barrel less that eighteen inches in length. In addition, any "shotgun" capable of firing single projectiles but primarily designed to fire multiple projectiles as "shot" will be regarded as a "shotgun".


"Pistols" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title, shall mean any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel length or barrels less than sixteen (16) inches in length and using either gunpowder, gas or any means of rocket propulsion, but not to include flare guns, underwater fishing guns or blank pistols."


These definitions are useful to me as a person who speaks the English language because they show a more complete understanding of the terms shotgun and pistol. A shotgun is clearly different than a pistol. In the English language, it is also reasonable to believe that the term "saw-off" indicates that the item in question has been shortened.

Of course, most of us will not "saw-off" our Taurus Judge. And when you look at an unaltered Taurus Judge it better fits the definition of a "Pistol". You have to use quite a bit of imagination to envision a Taurus Judge as a shotgun, sawed-off or otherwise.

To me, as an English speaking gun instructor, not an attorney, Law Enforcement Officer, or Officer of the Court, it seems reasonable to conclude that a Taurus Judge is not a sawed-off shotgun. It never was a shotgun, to begin with. It's a pistol which fits the definition of Title 21, 1290.2 2 (page 1 of the SDA Lawbook)

"2. Pistol means any derringer, revolver or semiautomatic firearm which:
a. has an overall length of less than sixteen (16) inches and is able to be fully concealed from detection and view.
b. is capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury.
c. is designed to be held and fired by the use of a single hand, and
d. uses either gunpowder, gas or any means of rocket propulsion to discharge the projectile."



I asked D.A. Tim Harris if he had an opinion on this. He's not working on such a case and is plenty busy with other matters of concern, but he did take time to answer. Here's what he said in an e-mail.

"It may be a concern but without doing extensive legal research it doesn't seem practical to apply the law with such a technical interpretation. The section D you quoted provides a defense and the definition of a pistol cited seems to fairly resolve the question. While I can't give you or any private citizen legal advice your opinion seems to be well grounded. In areas of the law that are not written exactly on point, we can only hope for a common sense and reasonable interpretation to be applied. God bless. Happy New Year. Tim Harris"

When I contacted Taurus, I was told, "We can't comment on that", was then transferred to a voice-mail recording, where I left my name and number. I have also posed the question by e-mail on their site and by letter. As of today, two weeks later, I have not heard anything back.



A good friend Nick, had better luck getting an opinion from someone at Taurus:


"Don, I talked to a lady at Taurus Customer Service. She said that first, if it was considered a shot gun it would be illegal to sell in the US because of the barrel length, and second, it is listed as a revolver under it's nomemclature with the Federal Goverment."

My thinking on this is, if a person who gets charged with carrying a sawed-off shotgun, when actually carrying a Taurus Judge, they may be able to successfully defend such a charge. And if you bought the Taurus Judge from a licensed FFL gun dealer and can provide the paperwork showing that you met all the requirements of the Federal Firearms Act, I believe your chances are even better.

But as you know, I've not made any secret of the fact that I am not an attorney. And I understand that each case is decided on it's own merits. I know that judges, District Attorneys, and juries may differ from area to area and from individual to individual.


When It Comes down To It

As far as I know, this issue has never stood the test of a court case, so there is no history to look at. But, as it stands now, I would not be reluctant to carry my Taurus Judge, if I felt the yearning.


I'd be interested in hearing any other information, whether it supports my opinion or not. And if I find out anything else on this, I'll make it known in this newsletter.

NOTE: I received an e-mail from a friend, Mike, about the Judge not being smooth bore, like a shotgun. Since Oklahoma Law didn't mention anything about smooth bore or rifling in it's definitions, I didn't research that as a point of argument. But thinking about it, anything that helps define the gun in this kind of situation, would probably help.

Good ole' Bob, of Bob's Guns, sent me a link to get a .pdf copy of the "ATF National Firearms Act Handbook". Thanks Bob. Therein I found this definition for a Shotgun.
2.1.1 Shotgun
A shotgun is a firearm designed to be fired from the shoulder and designed to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles or a single projectile for each pull of the trigger.



That's gotta' help in an argument. If the Judge is a sawed-off shotgun, would not that mean, by AFT (Federal) definition, that it must be smooth bore? Yes, this non-attorney thinks so.

Don

Sunday, October 9, 2011

Newsletter Article October 3, 2011





"Common Misfire Phenomena"



Hangfire

This is a perceptible delay between the pull of the trigger and the ignition of the cartridge. The delay can be a fraction of a second, several seconds, or a half a minute. The thing about a hangfire is that you don't know it's a hangfire until the round goes off. At first, it may appear to be a simple misfire.












Misfire




This is when the ammunition fails to fire upon the pull of the trigger. A misfihttp://www.blogger.com/img/blank.gifre may be a hangfire "waiting to happen". The danger of the misfire is that you don't know if it is a hangfire or misfire, so you must treat it like a hangfire. After noticing a misfire, keep the gun pointed in a safe direction. After 30 seconds has passed, eject the round from the chamber. (Note: for the first 30 seconds, you wait for the round to go off, even if you think it wont fire)

http://www.youtube.com/watch?v=amdgNd5aO0I







Squib Load



When a round develops less-than-normal pressure, it sounds and feels different. Instead of a "BANG", you may get a "bang", or a "POP". It will sound noticeably less intense than a normal fired round. It will feel different too. The recoil may be less than normal. The concussion from the blast will feel different. You will usually notice a difference.

Most of the time, when this happens you say to yourself something like "Wow...that was different!" or "Hey...that didn't feel normal!" or some variation thereof.



When you do...STOP! Don't fire another round until you've checked your barrel for an obstruction. If a bullet gets lodged in the barrel and you fire a round in bachttp://www.blogger.com/img/blank.gifk of it, it could lead to damaging your gun, an explosion, injury(ies), and/or worse. It is very important to check the barrel and make sure it is not obstructed.



This video shows and obstructed barrel and near the end shows the guy hammering the squib out of the barrel:

http://www.youtube.com/watch?v=QZ_ecPFspuY








Summary


Of course, these are things we need to be aware of. As well, when we are shooting with new shooters we need to advise them of these three phenomena, as well as the Three Fundamental Gun Safety Rules:

1. Always keep your gun pointed a safe direction.

2. Always keep your finger off the trigger until you're gun is pointed at the target.

3. Always keep your gun unloaded until ready to shoot.


Guns are a great self-defense tool because they can inflict massive amounts of damage. For that reason, we need to know and practice safe gun-handling technique.



- Don