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Incredible Moments at the Protect Your Right to Keep and Bear Arms Rally
BY TIM SCHMIDT - USCCA FOUNDER





"The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."

So says Article 1, Section 21 of the Pennsylvania Constitution.

This past Monday, May 6, 2019, I had the tremendous honor of speaking in support of the Second Amendment at the Protect Your Right to Keep and Bear Arms rally in Harrisburg, Pennsylvania.

According to 2ARally.com, this annual grassroots event was first established in 2006, and each year, responsible gun owners come together to support gun rights and send a clear and simple message to state lawmakers: "Unconstitutional and ineffective emotionally driven gun-control legislation has no place in this Commonwealth, and we will not stand by idly and allow our freedoms to be eroded or taken away by any means."

The event "attracts some of the most famous and well-known speakers — from scholars to politicians to some of the biggest names in the pro-rights movement. In addition, every year the numbers of gun owners who join [together] in the Capitol rotunda swells larger and larger, often spilling out the doors and gaining [the] rally a reputation as one of the largest in Pennsylvania." [2ARally.com]

This was the first year I've had the privilege of attending the rally, but let me tell you: The place was absolutely packed.

According to News2Share, the crowd consisted of "a coalition of pro-gun, conservative and libertarian activists" who gathered at the Capitol "to condemn gun-control policies being considered by their state Legislature and others being passed in the city of Pittsburgh."

The event was organized and led by Rep. Daryl Metcalfe (R-Butler County) and featured some incredibly impressive names in the pro-gun community, including Kelly Ann Pidgeon (Armed and Feminine LLC), Maj Toure (founder, Black Guns Matter) Joshua Prince (chief counsel, Firearms Industry Consulting Group) and Eric Pratt (executive director, Gun Owners of America), among others.

I have to be honest with you: I could literally feel the energy in the room.

When it was my turn to speak, I got to share a little bit of my background, including how and why I set out on my own personal concealed carry journey and some of the roadblocks I ran into along the way (including that guy at the gun shop who asked, "What would a guy like YOU want with a gun like THAT?"). I got to talk about starting the USCCA and the power of responsibly armed Americans and why it's so important to not only stand up for our gun rights but also share our stories from our hearts. THAT's how we can help change minds!

If you're interested, you can watch my full speech here. And just like in that speech, I'd like to leave you with one of my all-time favorite quotes from Margaret Mead that really puts our ongoing fight for the right to keep and bear arms in perspective:

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

Take Care and Stay Safe,





Tim Schmidt
Publisher - Concealed Carry Report
USCCA Founder

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Concealed Carry News: May 8, 2019

Tim Schmidt - 05/08/2019
Friends:

Recently, an evildoer attacked a synagogue in San Diego, killing one and injuring three others. Another tragedy that adds to the growing list of attacks on churches and synagogues over the past six months. As we mourn the innocent victims of these tragedies, this most recent attack is yet another reminder that crazed criminals continue to see our places of worship as soft targets. So-called “gun-free zones” are not the answer.

If it weren’t for the bravery of veteran Oscar Stewart and off-duty U.S. Customs and Border Patrol agent Jonathan Morales, who chased the attacker, who knows how many more lives could have been lost.

In response to these horrific attacks, some state lawmakers are introducing legislation recognizing Americans’ God-given right to self-defense in their places of worship. In Indiana, for example, Gov. Eric Holcomb recently signed a law allowing people to carry concealed in churches with connecting schools. In Texas, the state Senate passed a bill to codify Attorney General Ken Paxton’s official opinion that licensed handgun holders can carry in places of worship.

Florida Seeks New Gun Laws

In Florida, legislation passed the state House of Representatives — now under consideration in the state Senate — that would allow people to concealed carry during church services. The bill’s sponsor, Erin Grall, urged the Senate to pass this bill in the wake of the San Diego shooting.

“We all want to have the ability to not only protect ourselves but [also] those [who] may be attacked while we are worshiping,” Grall said. “So, I believe that one of the few ways to stop somebody who looks to harm with a weapon like a gun is to respond in kind. I believe we shouldn’t have a tragedy happen here in Florida before we make this good policy happen.”

The Florida state House of Representatives also passed legislation this week allowing teachers to carry weapons in schools. The bill, which came at the recommendation of the Marjory Stoneman Douglas High School Public Safety Commission, passed the state Senate in April and will now go to Gov. Ron DeSantis’ desk. He is expected to sign it. As one Florida State Representative put it, “These gun-free zones, these soft targets are the problem … this is the ultimate school-hardening law.”

The passage of this bill also comes after Parkland shooting survivor, Kyle Kashuv, called for armed teachers. Kashuv claimed, “We need to get rid of gun-free zones. All gun-free zones do is create a soft target, and school shooters know that … so we need to arm our schools. And yes, that includes giving teachers and school staff the ability to carry a concealed weapon.”

When Will More Lawmakers Wake Up?

Too often our schools and places of worship are seen as soft targets by murderous maniacs determined to commit unspeakable atrocities. These types of common-sense measures are a step in the right direction toward empowering responsibly armed and law-abiding citizens to protect themselves and their neighbors. The best defense against a bad guy with a gun is a good guy with a gun. It’s time more of our lawmakers realized this if they truly want to keep our communities safe.

Quote of the Week

“It allows the good guys to stop the bad. The bad guys will never know when the good guys are there to shoot back … The guardian is the last line of defense. He or she will be there when a police officer is not.” – Florida State Rep. Chuck Brannan, a retired law enforcement officer, on the Florida state House’s passage of a bill allowing teachers to carry firearms in schools (The Associated Press)

Data Point You Should Know

Firearms are still prohibited in places of worship in at least eight states and Washington, D.C. (The Associated Press)

About Tim Schmidt

USCCA President and Founder Tim Schmidt received his B.S. in mechanical engineering from Michigan Tech University. Following his time working for a medical equipment company and a computer hardware company, Tim started his first successful business, Schmidt Engineering. In 2003, Tim Schmidt and Tonnie Schmidt began publishing a self-defense magazine focused on responsible firearms ownership. This grew into a national association — the USCCA — providing self-defense education, training and legal protection to its members. Tim enjoys boxing, running, reading, shooting and riding motorcycles.

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What Is Constitutional Carry?

USCCA - 05/11/2019




When it comes to concealed carry, states have different laws about what permits, if any, are required before an individual can conceal and carry a firearm. Some states may have what is known as “constitutional carry.” Also called “unrestricted” or “permitless” carry, constitutional carry means that a permit is not required to carry a concealed firearm.

Some states have laws explicitly written. Others may merely imply constitutional carry; there are no laws against concealed carrying without a permit.

There is, of course, variety when it comes to these laws. Some states are fully unrestricted, while other states are partially unrestricted. And some other states always require a permit.

To learn which states have constitutional carry, be sure to take a look at the USCCA’s Terminology Guide. We provide information not only about constitutional carry but also many other important firearms and self-defense terms.

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Gun Law News: May 12, 2019

USCCA - 05/12/2019

California Gun Law News

• KPBS (Public Broadcasting – San Diego, California): Concealed Weapons Permits Increasing in San Diego County

Nearly 1,300 concealed weapons permits (CCW) were issued in San Diego County in February 2018. That number has risen to more than 2,400 through April 2019.

Florida Gun Law News

• Breitbart: Florida House Passes Legislation to Arm Teachers, Sends Bill to Governor’s Desk

On April 30, the Florida House voted in support of legislation to allow the arming of teachers. Senate Bill 7030, which passed the Senate on April 24, will now go to the desk of Gov. Ron DeSantis (R). According to WJCT, the bill passed with a vote of 22-17, though every Senate Democrat voted against allowing armed teachers for classroom defense. The Tampa Bay Times reported that the bill passed the House by a vote of 65-47.

Indiana Gun Law News

• WHAS-TV (ABC – Louisville, Kentucky): Law Recently Signed by Gov. Holcomb Impacts Gun Laws in Indiana

Gov. Eric Holcomb signed House Bill 1284 into law on stage at the NRA Leadership Forum on April 26 in Indianapolis. The new law allows carry and conceal at churches with connecting schools and gives new protections to individuals involved in justified shootings.

Michigan Gun Law News

• The Associated Press: Concealed Carry License Eliminated Under Proposed Michigan House Bill

Republican-sponsored bills pending in the House would allow Michigan gun owners to carry concealed weapons without a license. The legislation would also allow license holders to carry in gun-free zones as well as on off-road vehicles. The House Committee on Military, Veterans and Homeland Security took up two gun-related bills this week in response to the seemingly pro-gun movement. These bills include decriminalizing carrying with an expired license and allowing residents to carry loaded rifles on their own property.

Ohio Gun Law News

• The Blade: Gun Advocates Push for Concealed Carry Without Permit

On May 1, gun-rights advocates compared carrying a concealed firearm — which requires a license — and carrying an open firearm — which does not — to the decision to wear a jacket or not. This is in response to House Bill 178 being considered by the Ohio House of Representatives’ Federalism Committee. The bill would allow anyone 21 and older — who is not otherwise legally prohibited — to carry a concealed weapon without a license or having to meet training requirements.

Oklahoma Gun Law News

• The Daily Caller: Oklahoma Says Concealed Guns OK for Zoos, Parks

Gov. Kevin Stitt signed House Bill 2010 April 30, allowing people to carry concealed guns in public places. The bill prohibits places under a public trust from enforcing no-gun policies, according to Tulsa World. As a compromise, however, such spaces are allowed to prohibit open carry. “We understand the fact that people do not want to go to the zoo seeing some guy carrying his grandpa’s rifle or shotgun over his shoulder while people are trying to look at the animals,” said Don Spencer, president of the Oklahoma Second Amendment Association.

Texas Gun Law News

• The Associated Press: Lawmakers Want to Make Clear — Guns Allowed in Texas Churches

Nearly a year and a half after a gunman killed 26 people at a small-town Texas church, legislators want to make state law clearer that licensed handgun holders can carry weapons in churches, synagogues and other houses of worship. The effort comes as places of worship around the world face targeted attacks by extremists, including a shooting at a California synagogue last week that left one worshipper dead and three others injured.

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Join Me in Honoring the Fallen During the National Moment of Remembrance
BY TIM SCHMIDT - USCCA FOUNDER





There are 525,600 minutes in a year.

And this coming Monday, I'm hoping you'll take one of those minutes to join me in remembering the brave men and women who died while serving in the United States Military. I plan to observe a moment of silence in honor of these fallen heroes.

According to the U.S. Department of Veterans Affairs, this minute of silence, known as the National Moment of Remembrance, "encourages all Americans to pause wherever they are at 3 p.m. local time on Memorial Day ... to remember and honor those who have died in service to the nation."

Although it certainly doesn't seem sufficient, each year I look forward to this simple way of thanking and paying tribute to the hundreds of thousands of servicemen and servicewomen who have sacrificed — quite literally — everything in the name of freedom.

The "National Moment of Remembrance Act" (S. 3181) was passed on Dec. 28, 2000, according to the American Presidency Project. A statement released by the Office of the Press Secretary following the approval of S. 3181 notes that "each Memorial Day, the Nation honors those Americans who died while defending our Nation and its values. The observance of a National Moment of Remembrance is a simple and unifying way to commemorate our history and honor the struggle to protect our freedoms."

I'm filled with so much gratitude when I think of what these men and women have done for me — and for all citizens of our great nation.

It's because of these brave individuals that I am able to continue to stand up and fight for what I believe.

It's because of these brave individuals that I am able to carry a firearm to defend myself and my loved ones against those who would wish to do us harm.

It's because of these brave individuals that I am able to live out my mission here at the USCCA of helping hundreds of thousands of responsible, patriotic Americans protect themselves and the ones they love.

It's humbling to be on the receiving end of such selflessness, and so it's for these brave individuals that I plan on observing that moment of silence on Monday.

Amid the bonfires and the BBQs and the other festive activities that have become synonymous with Memorial Day, I hope you'll join me in remembering and cherishing the precious gifts our brave service members died to preserve.

God bless the fallen. God bless their ultimate sacrifices. And God bless America: the land of the free and the home of the brave!

Take Care and Stay Safe,





Tim Schmidt
Publisher - Concealed Carry Report
USCCA Founder

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After a Shooting: The Police Are Going to Arrive

USCCA - 05/22/2019


The first thing you should know about a self-defense incident is that the police are going to arrive. After a shooting, they’ll be responding to a “shots fired” call and will come in not knowing who the good guy is and who the bad guy is.


Make them aware that you’re the good guy! Win the race to 911 and remember that everyone is afraid when responding to a gun call. Remain calm and follow all commands. You may end up handcuffed and on the ground. Your gun, which you should have put down immediately when you saw the flashing red and blue, will be taken into evidence.

Your Rights After a Self-Defense Incident

Before your attorney arrives, the only thing you should say is, “I was the victim of an assault. This is what the bad guy looks like. He went that way.” Point out anything that may appear benign but is actually a piece of evidence. And then shut your mouth.

Leave the rest of what you say up to an experienced criminal defense attorney. You should also be aware that the circumstances for when you have to be given the Miranda warning are actually very limited. Don’t wait for the police to read you your Miranda rights! After giving them the above information, tell the investigating officers that you would like to cooperate but are waiting for your attorney.

After an emotional and high-adrenaline event such as a self-defense shooting, you are not thinking logically. Your timeline is probably jumbled. You are probably forgetting things. In fact, your brain may be filling in the blanks with fictional memories. Give yourself time to sort it all out, and have an attorney help you with that untangling.

This Is Not Hollywood

Your attorney, despite what Law & Order has led you to believe, is not going to kick in the door of the jail or the interrogation room and tell the detectives to leave. You need to raise your own rights. No one can do it for you.

Most often, unless there is a flight risk, police will do a “book and release” after your interview. It’s difficult to predict exactly what is going to happen or how long you will be held, but it will be longer than a 55-minute episode of a cop show leads you to believe. The process can be easier if you avoid critical errors, however. Assuming you did the right thing and it was a good shoot, the right training and knowledge can help to make the aftermath of a self-defense incident easier.

Next Week: Demystifying the Criminal Court Process

Check back next week when we’ll break down and demystify the court process.

About the USCCA

Since 2003, the United States Concealed Carry Association has proudly supported a community of hundreds of thousands of patriots. The USCCA is the largest and fastest-growing association with the sole focus of providing training, education and legal protection to responsibly armed Americans. Headquartered in West Bend, Wisconsin, the USCCA has more than 300,000 members and 2 million newsletter subscribers. It’s our mission to arm our loyal members with the tools they need to safely and confidently protect themselves and their loved ones with the utmost peace of mind.

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New York State Gun Laws: What You Should Know

USCCA - 05/27/2019
As a responsibly armed American, you already know how challenging it can be to stay up to date on gun laws…

New York State gun owners, you’re in luck. We’ve gathered some of the most frequently asked firearms questions in your state. Read on for answers to some of the top questions regarding New York State gun laws.

Can You Have a Gun in Your Car in New York?

Yes, it is legal to possess a loaded firearm in your vehicle with a New York Pistol License (NYPL) only. A New York City Pistol License is required in NYC. It is legal to transport a legal firearm through New York under federal interstate transportation law 18 USC § 926A. The handgun must be unloaded, with neither the firearm nor any ammunition readily accessible from the passenger compartment. In the case of a vehicle without a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. If you don’t have a NYPL and happen to stop at a motel overnight, you will be in violation of the law and subject to arrest.

How Many Rounds Can You Carry in New York?

Magazines with a capacity of more than 10 rounds or that can be readily restored or converted to accept more than 10 rounds of ammunition are illegal in New York. In addition, a magazine that contains more than seven rounds of ammunition is also prohibited. Lastly, any device obtained after January 15, 2013, that has a capacity of more than seven rounds or that can be readily restored or converted to accept more than seven rounds of ammunition is illegal.

Can You Walk Around With a Gun in New York?

Concealed carry is only legal with a New York Pistol License (NYPL). New York prohibits the possession of a “loaded” handgun outside of the home or place of business without a carry license. The term “loaded” includes any firearm possessed by a person who also possesses any ammunition which may be discharged by the firearm.

Can a Retired Police Officer Carry a Gun in NYC?

Qualified law enforcement officers (LEO) and retired LEOs may choose to carry under the Law Enforcement Officers Safety Act (LEOSA), often referred to as HR 218. Under 18 U.S. Code §§ 926B & 926C, qualified LEOs and qualified retired LEOs, or those separated from service in good standing, can carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. For details, check out our Federal Law Enforcement Officers Safety Act (LEOSA) page.

Can You Open Carry in New York?

New York State law is extremely vague on open carry. Open carry in public is not legal in most instances. While no law specifically bans open carry, a pistol license to carry is issued to carry concealed. Therefore, pistol permit holders must carry concealed.

How Much Is a Pistol Permit in New York?

The cost for a new New York Pistol License (NYPL) is $20. The recertification is typically $10 but varies by county. The cost for a new or renewed New York City Pistol License is $340. Fingerprint fees are separate.

Do New York State Pistol Permits Expire?

Yes. New York Pistol Licenses (NYPL) never expire. They are re-certified every five years, which includes updating personal information. NY City Licenses are valid for three years.

Ready to Learn More About New York State Gun Laws?

It is your responsibility as a gun owner to know and understand the laws regarding your concealed carry rights. The USCCA’s Concealed Carry Reciprocity & Gun Laws Map has been designed to help inform and educate armed citizens like you. To learn more about New York’s concealed carry permit application process, concealed carry restrictions and training requirements, visit the New York gun laws page now…

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Carrying in Gun-Free Zones

Tom Grieve - 05/25/2019
A “gun-free zone” is simply a “start shooting here!” zone, renamed. You and I know that. But as a practicing defense attorney and former state prosecutor, I cannot legally advise clients to break any law. So, no need to skip down, I won’t be doing that.

Then what the heck is going on here? I want to take a moment to talk to you about some of the trade-offs and consequences of carrying in a gun-free zone.

First, the obvious: Laws change with place and time. It is impossible for me to address every combination of place, time and person in one article. Visit the USCCA’s Concealed Carry Reciprocity Map & Gun Laws by State Map to learn more about your specific situation. What I really want to do is get people thinking about their own scenarios and analyzing to make their own decisions.

The places that most often come up when referring to gun-free zones are United States Postal Services properties, schools and private, posted property. Let’s look at these in turn.

Concealed Carry at the Post Office

Post offices are federally regulated. This means that if you run into trouble in one, you are in federal trouble. This may be better than your local courts (or it may be worse). But it’s generally always a big deal. The quirk to the Postal Service issue is that it includes the grounds, such as the parking lot. So even having a firearm in your glovebox in a post office parking lot can be punished as a felony, with prison time and stiff fines. Of course, if you are comporting with laws, you can mail a long arm lawfully from a post office. But a loaded concealed carry sidearm is different.

Firearms and Gun-Free School Zones

Schools are a maze of both state and federal issues. The federal Gun-Free School Zones Act of 1990 applies to public, private and religious schools at the elementary through high school level and all non-private property within 1,000 feet. Universities are excluded. But basically, everything within 1,000 feet of a school is “in play” for this law, provided you are not on private property. In other words, if you are visiting a friend with a home next to a school, it is fine to safely clean the M1 Garand in the backyard. Just don’t carry it on the sidewalk or any other place that’s within 1,000 feet of the school and NOT private property. Keep in mind that there is a difference between the school itself, the grounds and the 1,000-foot magical buffer surrounding it all.

Now it gets tricky. Both the federal law and many states carve out exceptions. For example, if you are off school grounds but within 1,000 feet of a school, you can possess a firearm on public property. That is as long as you are a concealed carry license holder, the firearm is unloaded and contained within a locked container or a locked firearms rack that is on a motor vehicle, the firearm is possessed by an individual for use in a school-approved program or the individual is crossing school grounds, with permission of the school, to reach a public or private destination, and the firearm is unloaded. Carrying without any of the previously mentioned conditions is considered a felony, to include prison time and stiff fines. These are, in my experience, most often prosecuted at the state level.

Businesses Posted as ‘Gun-Free Zones’

The last area often asked about is posted private property, such as the mall or some other business. Maybe it is an apartment building, if it is legal to post those in your jurisdiction. The laws on this vary widely between states.

In some states, such as my home state of Wisconsin, if a business discovers that you are carrying where you ought not to be, it cannot automatically call to have you arrested. Instead, you must be given a warning to leave. Should you disregard that warning, you may face arrest and subsequent charges. Penalties here range from non-criminal tickets to felonies. This can vary greatly based on locale, so it is critical that you learn your laws.

Some Other Notes on Gun Laws

A few odds and ends: Some states have laws out there about notifying law enforcement automatically upon contact, such as a traffic stop, if you are in possession of a firearm. Also, in some cities or states, places of worship are always off-limits, along with courthouses, police stations, jails, etc.

Finally, keep in mind the government needs to prove that you intended or knew that you were carrying in a prohibited place. Often — in fact, almost always — it does not need to prove that you knew you were breaking the law. Your mere presence with your weapon in a location is considered proof enough when combined with proper posting. At the very least, a prosecutor may feel like he or she has enough to charge you and let a jury decide.

We’ve all heard, “It is better to be judged by 12 than carried by 6” or “If I have to use my gun in a gun-free zone, the presence of that gun is the least of my problems.” I get it. But as a defense attorney, I can assure you that the consequences for being caught can be severe. In the end, each individual is going to make his or her own choice, and I am not trying to get people to do anything more than pause, introspect and think.

About Tom Grieve

Tom Grieve is a highly awarded former state prosecutor. He started Grieve Law, LLC, now one of the most successful criminal defense law firms in Wisconsin. He is a respected top criminal defense lawyer in the state and has a deep knowledge of Wisconsin firearms law. Tom has gone above and beyond and also received his certification as a firearms instructor. He participates as a regular speaker and panelist with the USCCA for live broadcasts, training videos and national expos, and even serves as a speaker and analyst on numerous radio and TV stations and on both college and law school campuses.

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Can I Modify My Firearm?

USCCA - 05/18/2019

Summary

For this week’s “Ask a Firearms Attorney” post, Attorney Tom Grieve addresses a question that many responsible gun owners ask themselves: “Is it legal for me to modify my firearm’s appearance? If I do modify the appearance of my gun, will it be used against me in court in a self-defense case?”

Can I Modify My Firearm’s Appearance?

Yes, you can modify your gun’s appearance.

However, when it comes to a court case regarding your firearm or your use of that firearm in self-defense, everything can and will be used against you — including any modifications to your firearm’s appearance. This is particularly true if you add something to the firearm’s appearance that makes it look like “you were out to shoot someone” or were out for “vigilante justice” in the prosecutor’s eyes.

Specific things that could make your court case a bit more complicated when it comes to your firearm’s appearance include having things on your gun like: the Punisher, swear words, offensive slogans or anything that a prosecutor could use to make you seem like you were not of sound mind at the time of the event.

In the video, Attorney Grieve mentions that the prosecutor can use any modifications to your firearm’s appearance to speak to your state of mind. Your gun will most likely be the first and the last exhibit used against you.

About Attorney Tom Grieve, Grieve Law

Tom Grieve is a highly awarded former state prosecutor. He started Grieve Law, LLC, now one of the most successful criminal defense law firms in Wisconsin. He is a respected top criminal defense lawyer in the state and has an in-depth knowledge of Wisconsin firearms law. Tom has gone above and beyond and also received his certification as a firearms instructor. He participates as a regular speaker and panelist with the USCCA for live broadcasts, training videos and national expos, and even serves as a speaker and analyst on numerous radio and TV stations and both college and law school campuses.