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Newsletter Article September 21, 2011

"No Handguns Allowed"

Does it really carry the weight of law?


I just received an e-mail from a recent student that asked for more explanation, from me, about carrying on to property where "No Handguns" signs are displayed. I had an article about this a few months ago, so please bear with me as I re-explain my view of the subject.




I'm Not an Attorney

At the risk of sounding like a lawyer, which I am not (as you likely know!), here are my opinions, as a gun instructor. For legal advice I suggest you contact an attorney with experience in the field of criminal defense.


Your Gun Can't Legally Go There

You have no legal authority to carry you gun onto property (with the exception of locking your gun in your car in a parking lot) where an owner, or proprietor has barred weapons. And an owner/proprietor can make that known by means of a sign with wording or a graphical image, that a reasonable person would understand, placed near the entrance.

Many people will argue that the owner/proprietor can't really do anything other than tell you to leave, and file trespassing charges on you, if you don't leave. While that is true, if, for whatever reason, you had to use that gun to protect yourself or a loved one, the gun would not be considered a legal means of lethal force for you to use. You could be subject to civil and/or criminal prosecution.


Oklahoma Law Regarding Deadly Force


Here, on page 31, is a "copy" of the Oklahoma Statute (OS Title 21, 1289.25) that deals with with the use of deadly force.

This following is taken from page 16 of our concealed carry course materials, as supplied by CLEET, which is also attached:

NOTE: (K) -It is unlawful for a person with or without a license to carry a concealed weapon onto property where an owner has barred weapons, with the exception of transporting and storing a firearm in a locked vehicle on any property set aside for any vehicle. 21 O.S. 1289.7a(A)


And on page 15 of the SDA Lawbook (available here) states:



"BUSINESS OWNER'S RIGHTS, A. Except as provided in Subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employee, or business entity to control posession of weapons on any property owned or controlled by the person or business entity."





So if I get caught, I'll leave and that'll be it!



Yes...kinda. But, what if you have to use that gun to defend yourself or a loved one? You and I would probably do it, and risk it...(better to be judged by twelve than carried by six, right?)



Yes, that is right.



But...and this is a big old BUT...you are in prime position to be sued, because that gun falls into the category of a "prohibited weapon". Even if you win the suit, be ready to spend in excess of $100,000 to defend yourself.





Why Go There?



There are plenty of business out there that want your business that don't prohibit handguns. Support them!



And those that don't... those places that you just gotta' go to? Well that's up to you. For me, I secure my gun in the car before I get to the parking lot.



And know what? As it turns out, those are pretty rare situations.





The Real Deal



Unfortunately, some folks do not quite understand, and wind up promoting the idea that concealed carry licensees can legally carry onto property that is marked with the "No Guns" type sign. But, strictly speaking, it is not true. In reality, though there is not a lot of "teeth" in the law to enforce it, carrying where such signs are used is indeed unlawful.

And, consequences could be severe, if you had to use a gun, carried in a prohibited place.



- Don

Newsletter Article September 6, 2011

9mm Sub Compacts

Thinking about a .380? What about a 9mm?


Paul Scarletta has a great article in the October/November issue of Handguns. In it he contrasts 2010 as being the year of the .380, with 2011 as being the year for the 9mm sub-contact.



Since citizen Concealed Carry has dug into the framework of most of the states, the demand, production, and sales of "pocket-able" handguns has boomed. This demand, along with advances in manufacturing technology, has increased the variety of what is available through our free market.





What's So Great About the 9mm?



As you probably know, the caliber-diameter of the 9mm is practically identical to the .380, .38, and .357. That size is considered by many to be the minimum size for a serious man-stopping round.



The 9mm has been around a long time. And a lot of guns have been, and are being, made in that caliber. Therefore, there are a wide varieties of formats for this cartridge. Its continued presence in the firearms industry shows that it is a popular round.



For that reason alone, ammo availability is strong with the 9. Not only can you find 9mm ammo practically everywhere, but you can find it in a huge selection of bullet configurations. The prices reflect the proliferation of this caliber. 9mm ammo is normally very affordable.





How Does It Compare?



Back in the 90s, I was trying decide between a Glock 27 in .40 or a Glock 26 in 9mm. I went with the Glock 27 because they were about the same size, and I felt the .40 would have a bit more punch. Similarly now, the same can be said when comparing some of the 9mm offerings with what you can find in the .380. For just a little more weight and size, you get substantially more power.



To jump up to a .40 from a 9 in a sub-compact, there is usually quite a difference in size and weight. But not so much when looking at 9 versus .380. So for about the same physical characteristics, you get quite a bit more whoop'um.





How Much More?



According to Scarletta's article, you get around 35 to 45 percent more foot-pounds of energy in the 9mm. Ed Sanow and Evan Marshall rate the best 9mm, in their book Stopping Power, at about 90% in one-shot stop capability. The .380 labors to make 80%.



If the little bit bigger size/weight is something you can deal with, the 9mm is more "gun". That could translate to better put-down-ability.





So What's the Score?



When you compare to the .380, the 9mm has:



A smidgin' more in weight

A tiny bit bigger in size

Better ammo availability

Wider range of type of ammo available

Cheaper ammo

Greater ballistic effect



Does that make it better for you? The trade-off will be a little bit better conceal-ability for the .380 versus better knock-down-ability for the 9mm. My feeling is..."If you can put up with the greater size and weight (which isn't much), the 9mm wins!"



Conversely, if you need it as small as possible, the .380 still beats out the 9mm.







More articles & videos on the 9mm



My last issue had some links in "Tidbits" that will take you to recent comparisons and evaluations of the new 9mm sub-compacts. If you're thinking of trying one out you may want to see what other knowledgeable (hopefully) folks have had to say on the subject.



Here's a re-hash of those links with a couple extra:





Guns Magazine takes a look at Kimber's Solo.



Speaking of 9mm micros, here's a comparison between the Ruger LC9 and Kel-Tec's PF9.


Gun Tests (one of my favorite publications) prefers the Kel-Tec PF9.



And a comparison between the LC9 and the Solo.





Summary



For me, knowing that I have a gun that'll make a 45 hundreths-of-an-inch hole, even if it doesn't expand, is reassuring. But there are times where that .45 caliber handgun just doesn't fit-in with my wardrobe. A sub-compact 9mm is well suited for me in those times.



As the old saying goes: The number one rule in a gunfight is "Have a gun".



- Don