How Helene Affected The People Of Appalachia

Herschel Smith · 30 Sep 2024 · 11 Comments

To begin with, this is your president. This ought to be one of the most shameful things ever said by a sitting president. "Do you have any words to the victims of the hurricane?" BIDEN: "We've given everything that we have." "Are there any more resources the federal government could be giving them?" BIDEN: "No." pic.twitter.com/jDMNGhpjOz — RNC Research (@RNCResearch) September 30, 2024 We must have spent too much money on Ukraine to help Americans in distress. I don't…… [read more]

Status Of Florida Open Carry

BY Herschel Smith
2 years, 8 months ago

News from Florida.

Floridians could openly carry firearms in public and wouldn’t need a permit to carry them concealed under legislation that now has the endorsement of Governor Ron DeSantis.

There’s one problem though… The bill hasn’t received a single hearing in either legislative chamber.

While the sponsor of the constitutional carry bill thinks it will be enough to pull the bill directly on the House floor for a vote, opponents don’t seem all that worried.

The controllers aren’t worried because the fix is in.  The fix is always in.

Governor Ron DeSantis was asked if he would support constitutional carry at a press conference Thursday morning.

His direct response: “Put it on my desk I’ll sign it”.

[ … ]

But the legislation on this bill is on life support.

It hasn’t gotten a single hearing in either chamber and the Governor’s endorsement came with only nine days remaining in the legislative session.

It’s easy to say you’ll sign it when it has no chance of passing the chambers of the legislature.

I guess you don’t really think this is important enough to push it, DeSantis.

Gun group papers Chuck Brannan’s district demanding hearing for open carry bill

BY Herschel Smith
2 years, 9 months ago

Florida Politics.

The fliers were funded by the National Association for Gun Rights, which takes a “no-compromise stance when defending our right to keep and bear arms.”

Brannan, a Macclenny Republican, chairs the Criminal Justice & Public Safety Subcommittee. The flier includes a call to action to contact Brannan’s office and demand he slate a “constitutional carry” bill for consideration. Specifically, it seeks an agenda spot for legislation (HB 103) carried by Rep. Anthony Sabatini, a Howey-in-the-Hills Republican.

Sabatini, a lawmaker who regularly feuds with GOP leadership, tweeted the legislation was being blocked by RINO lawmakers …

“RINO Cowards like Chris Sprowls are once again BLOCKING Constitutional Carry!” he tweeted. “When will people wake up and vote these TRASH establishment ‘Republicans’ out?!”

Some members have pointed out there is no Senate companion legislation to Sabatini’s bill, which means the bill could not be passed by the full Legislature anyway.

Still, the gun rights organization would like the legislation considered by at least one chamber this year. If passed, the bill would eliminate any requirements for concealed carry permits in order for Floridians to carry firearms in public.

Until the bad actors are eliminated through primaries, this will continue to happen.  We pushed hard enough in South Carolina and made it such centerpiece legislation (even though I don’t live in S.C.) that they took open carry out of the judiciary committee and put it straight on the floor because the committee was blocking it.

Granted, it takes the majority of the senate to do that, but it can be done.

I really want open carry and constitutional carry for Florida.  I remain disappointed that the governor has not brought this up as an important piece of legislation and thrown his weight behind it.  Another reason, of course, that this is stalling is because LEOs are opposed to it.  Of course.

So far my reaction to DeSantis is … meh.

Constitutional Carry In Florida And Alabama

BY Herschel Smith
2 years, 11 months ago

Florida.

Some top Florida Republican lawmakers have now said they would support constitutional carry legislation in the upcoming session.

The policy would allow all legal gun owners to carry firearms without a concealed weapons license.

The constitutional carry legislation was filed by the Legislature’s most outspoken conservative member, Rep. Anthony Sabatini.

“Our very liberal Republican Speaker Chris Sprowls has gotten tens of thousands of emails from gun groups,” said Sabatini.

The policy is split into two bills.

The first would allow gun owners to carry concealed weapons without a license.

“You don’t have to go ask the government for permission,” said Sabatini.

The second would allow for open carry.

Please tell me that open carry will pass, and that I don’t have to watch any more idiotic police antics with cops showing their ass to everybody when guys open carry while fishing?  Please?

Alabama.

A southwest Alabama sheriff and a state House member are again jousting over whether the state should abolish permits to carry concealed handguns.

AL.com reports that Mobile County Sheriff Sam Cochran spoke before the Mobile County Commission last week endorsing a resolution to keep permits. But state Rep. Shane Stringer, a Citronelle Republican who plans to sponsor a bill in next year’s legislative session abolishing the state’s permit requirement, urged commissioners to reject the resolution. A vote on the resolution could come Dec. 28.

Stringer is a former Mobile County sheriff’s captain who was fired by Cochran because the two disagree on gun permits. Stringer argues for “constitutional carry,” the view that the Second Amendment to the U.S. Constitution bars states from requiring permits or collecting fees for people to carry guns.

Remember Sheriff Sam Cochran (aka, Boss Hogg) who literally fired Stringer for having different political views?  Yes, that Boss Hogg.

To the folks in Mobile County.  Please tell me you’re going to find a way to get rid of that tyrannical goober you have for Sheriff.  Please?

Does Constitutional Carry Stand A Chance In Florida?

BY Herschel Smith
3 years, 1 month ago

News from Florida.

Some top Florida Republican lawmakers have now said they would support constitutional carry legislation in the upcoming session.

The policy would allow all legal gun owners to carry firearms without a concealed weapons license.

The constitutional carry legislation was filed by the Legislature’s most outspoken conservative member, Rep. Anthony Sabatini.

“Our very liberal Republican Speaker Chris Sprowls has gotten tens of thousands of emails from gun groups,” said Sabatini.

The policy is split into two bills.

The first would allow gun owners to carry concealed weapons without a license.

“You don’t have to go ask the government for permission,” said Sabatini.

The second would allow for open carry.

“You shouldn’t have the duty to hide your firearm if you’ve done nothing wrong,” said Sabatini.

Eskamani said she’s doubtful Sabatini’s bills will get a hearing, due to his strained relationship with the House speaker.

“Sabatini does not have a lot of leverage within the chamber,” said Eskamani.

But recently, top brass in the Senate indicated they would support constitutional carry legislation, including Senate Majority Leader Debbie Mayfield.

“I support constitutional carry. That is one of the things that we will probably be looking at this session because it is important,” said Mayfield in a legislative delegation meeting last week.

Florida GOP Chair and State Sen. Joe Gruters said he might support constitutional carry, but doesn’t want to see assault weapons openly carried on beaches.

“Because I think that would adversely impact Florida’s tourism economy,” said Gruters.

While there seems to be some support for constitutional carry legislation in the Senate, a bill hasn’t yet been filed in the chamber.

I predict it won’t go anywhere this session.  Florida has a horrible history on gun control.  But it will eventually pass in coming sessions with enough effort.

You know what would help the case?  If Governor Ron DeSantis went on record for his support for the measure, and even demanded a bill be brought to his desk for approval before any other bill would be considered by the governor.

I also predict he won’t do that.

Florida Open Carry Update

BY Herschel Smith
4 years, 3 months ago

News from Florida.

“This is an easy one for me” to support, Commissioner Kristine Isnardi said.

“I’m happy that it went through,” Lober said after the County Commission meeting, although he noted that it may be a challenge to get an open-carry bill approved by the Florida Legislature in the form he wants.

Commission Vice Chair Rita Pritchett voted against Lober’s resolution.

Pritchett said she encourages people to get concealed weapons permits and carry their weapons, and believes 18-, 19- and 20-year-olds “should have complete adult rights.”

But Pritchett said she has qualms about having open-carry in Florida.

“I do believe that people should carry guns,” Pritchett said. “I’m just struggling right now with where I’m landing on open-carry.”

[ … ]

Three states (California, Florida and Illinois) and the District of Columbia generally prohibit people from openly carrying firearms in public. Two states (New York and South Carolina) prohibit openly carrying handguns, but not long guns. And another three states (Massachusetts, Minnesota and New Jersey) prohibit openly carrying long guns, but not handguns.

[ … ]

Indialantic resident Fred Rotz, who has a concealed weapon permit, said he is not against guns, but strongly objects to open-carry, saying it’s “provocative and unnecessary and unproductive.”

What a shame that South Carolina gets brought up again as being aligned with New York in disallowing open carry.  What an embarrassment to the Palmetto state.  Say, why doesn’t Palmetto State Armory get involved in the politics behind this?  They have substantial pull in S.C., and the resources to effect change.  So does FN, right down the road from PSA in Columbia.

This is weak tea.  All the county is doing is suggesting a new state law.  It would have been better for this county to have gotten into a knock-down drag-out fight with the state over this.  At least it would show Florida LEOs and pols how stupid they have been.

Movement In Florida Open Carry

BY Herschel Smith
5 years, 1 month ago

The good.

TALLAHASSEE – Floridians would be able to carry guns openly in public without a license under a bill filed Tuesday by state Rep. Anthony Sabatini.

The measure, called “constitutional carry,” is already in place in 16 other states. It would allow lawful gun owners to carry weapons openly without a license in places where concealed guns are currently allowed.

“Somebody should be able to exercise [their Second Amendment] right without a cost,” said Sabatini, R-Howey-in-the-Hills. “I don’t believe if somebody wants to defend themselves they should have to garner the permission of the government.”

Democrats and gun control advocates are likely to vehemently oppose the bill if it starts to move in the Legislature.

“It’s dangerous. Open carry is dangerous,” said Rep. Carlos Guillermo Smith, D-Orlando. “The solution to the epidemic of gun violence is not less restrictions on guns, it’s more. We need more training, more background checks and less guns.”

The bill, HB 273, goes further than other proposals to relax gun restrictions, such as campus carry or open carry, that have died in the GOP-controlled Legislature in recent years.

Sabatini acknowledged it could be difficult to get the measure through the Legislature when lawmakers convene for the session in January. He said some senators are thinking about sponsoring a version of the bill in that chamber, but added that it is the first time a “constitutional carry” bill has been filed in Florida.

It could take a few years before legislation on such a hot-button issue makes it into law, he said.

Although Democratic gun control bills, including a ban on assault weapons sales and capping magazine capacities, haven’t received a hearing, GOP-backed proposals to allow concealed carrying of guns on college campuses and open carry haven’t gained traction, either.

It’s good to see this come up again.  Cheers to the brave Congressman who submitted this bill.  And for the bad news?  This has a snowball’s chance in hell of passing.  Florida is a misplaced Yankee state.  And for the really bad?

PALM BEACH, Fla. — Right now there’s a push to add restrictions to a current law that allows gun owners to open carry in Florida under certain circumstances. This comes after a recent demonstration of gun advocates openly carrying their rifles and guns on the Royal Park Bridge leading into Palm Beach.

Michael Taylor was one of those gun owners.

“We’ve demonized firearms to a point where we need to un-demonize it,” he Taylor with Florida Carry said.

Taylor who said he started to exercise his open carry right while fishing after he was almost robbed under a bridge one early morning.

“Ever since that day I’ve been open carrying,” Taylor said.

In March, he and a group of other gun owners demonstrated their rights by fishing on the Royal Park Bridge also holding American flags and flags in support of President Donald Trump. Citizens who saw shotguns and AR 15s called 911.

Training and Community Relations Coordinator Michael Ogrodnick at the Palm Beach Police Department said it is the duty of officers to respond and find out what the intent of the gun owners is. He said all of the officers are trained and know the law. The issue he believes is that the statute as written allows for gun owners to open carry while or on the way to or from hunting, fishing, or camping regardless of what’s around those areas.

“We believe the spirit of the law was for someone who was hunting, fishing, camping, in a rural area, a fishing hole, out on a lake, not in a Downtown commercial area in West Palm Beach walking over to the barrier island of Palm Beach,” said Ogrodnick.

Palm Beach Police Chief Nicholas Caristo has written a letter to Senator Bobby Powell asking that the introduce an amendment to the wording of the current law.

“The chief has requested that the legislation just be amended to read that within the 1500 feet, Birdseye view of a school, house of worship, guarded beach, or government building, people exercising their second amendment right not open carry within that distance of those buildings,” said Ogrodnick.

I bolded it.  He’s lying.  There is no such duty, and he knows it, but 99.999% of the idiot voters and politicians will believe him.

Leave it to LEOs to muck up the situation rather than making it better.  That’s their specialty.  It must be in their procedures somewhere.  Or perhaps just in their DNA.

By the way, speaking of misplaced Yankee states, with all the crap going on in South Carolina, I’m beginning to wonder if it isn’t a misplaced Yankee state too.  Say, what’s going on at the S.C. open carry front?  Nothing?  Like I had suspected?  All of it just for show, opposed at every step by the cops and politicians?

Tyrant Cop Threatens Open Carrier In Florida

BY Herschel Smith
5 years, 1 month ago

I have several observations.

First, the “commander” is an asshole.

Second, they don’t know the law the way they should.

Third, and I’ll say this for the hundredth time, muzzle flagging people like cops do is dangerous to life.

Fourth, listen again to the “commander’s” words.  Any time someone says that they support the second amendment, but … you know they’re lying.

Fifth, it’s good to see folks in Florida challenging the cops.  These 2A audits are becoming a thing.  I like that.  A man has no business telling me how I should carry my weapons.

Fishing With Guns In Miami Beach To Raise Awareness Of Florida Open Carry Laws

BY Herschel Smith
6 years, 1 month ago

News from Florida:

A group of open carry gun enthusiasts had a well-armed visit to Miami Beach on Saturday.

The group calling itself “Florida Carry” caused a disturbance when they showed up on the South Pointe Park Pier in June.

At that time, six members of the group startled fishermen and visitors, some of whom notified police.

Officers temporarily detained and disarmed the group, but determined that they were within their rights to carry weapons.

This time, the group announced it’s intention to show up at the pier on a Facebook page, and police were ready and accommodating.

The group walked to the pier and proceeded to fish, gathering several double-takes from other fishermen and tourists.

Open Carry Advocate Steven Merrette said, “This is our statement to come out here and try and educate not only the law enforcement officers but the general public as well. We are not the problem. We’re out here peacefully fishing, we’ve got our wives, our kids with us, we’re out here having a good time, nobody’s causing any problems.”

I support their efforts.  As I’ve said before, the shame must end.  I agree wholeheartedly with the notion of open carry to prove a point.  Other than that, we learn absolutely nothing interesting or actionable from this stupid report, except that the police are criminals.

It’s legal to open carry while fishing, and this wasn’t a Terry stop.  There was no suspicion of a crime, and the police didn’t need to detain the men and verify that they were within their rights.  Here’s a scoop, cops.  There is no law against it, so they were within their rights, just as much as walking down the street is within my rights, and you have no right to detain me for walking down the street.

As for disarming the men, I’ve pointed out before that this is the stupidest, most ridiculous, most unsafe act you can take.  Do … not .. touch .. another … man’s .. weapon.  If you do that, you are an imbecile, and your procedures are faulty.

So here’s a suggestion for the write of this silly article (” … and police were ready and accommodating”).  Find out and report for us what right the police had to detain and disarm the men, and give us the court precedents that support such action, if you can find any.  More to the point.  Give us court precedents that demonstrate that the police can detain you for no reason whatsoever?

Here’s another idea.  Give us the data on whether blood really runs in the streets like the wild, wild west in open carry states.  Or not.  Hey, “journalist.”  Do you even know how many states are open carry states?

Prior: Miami Beach Police Draw Down On, Detain, Disarm, And Throw Around Lawful Open Carriers

Open Carry Comes Up Again In Florida

BY Herschel Smith
6 years, 3 months ago

Tampa Bay Times:

Ron DeSantis told a gun rights advocacy group that people should not need a permit to openly carry a firearm in public, according to the group’s lawyer and a release sent out by the organization this week.

Eric Friday, the general counsel for Florida Carry, said he met with DeSantis in Kissimmee while the Congressman was there for the Republican “Sunshine Summit” in June, which featured a debate between DeSantis and his rival in the governor’s race, Adam Putnam, as well as prominent speeches from prominent Republicans like Ben Carson.

DeSantis’ position was originally touted in a roundup earlier this week of various lawmakers’ stances on gun issues based on conversations they had with the group.

[ … ]

“What Congressman DeSantis said is he doesn’t understand why you need a license to exercise a fundamental right in the first place,” Friday said in an interview with the Times/Herald. “He did not make a commitment to support open carry or unlicensed carry. He didn’t say he would he would push for it in the Legislature (if elected governor).”

“We were very pleased with his answers and very pleased to hear him express support,” Friday added.

If he’s merely throwing scraps from the master’s table and refuses to push for this or say he supports open carry, then why is Friday pleased with DeSantis?

Am I missing something here?

And as for our God-given right of open carry, how is this proceeding in the other more liberal states in the country, like California, Hawaii and South Carolina?

South Carolina?

The Mythical Argument Supporting The Florida Open Carry Ban

BY Herschel Smith
7 years, 8 months ago

Eugene Volokh responds to the recent Florida Supreme Court decision on open carry.  He first cites part of the ruling.

Before the Fourth District, the State argued that by restricting how firearms are carried in public so that they may only be carried in a concealed manner under a shall-issue licensing scheme, deranged persons and criminals would be less likely to gain control of firearms in public because concealed firearms — as opposed to openly carried firearms — could not be viewed by ordinary sight.

Norman contends that the State has not produced evidence that Florida’s Open Carry Law reasonably fits the State’s important government interest. However, under intermediate scrutiny review, the State is not required to produce evidence in a manner akin to strict scrutiny review….

[W]hen reviewing under intermediate scrutiny Second Amendment challenges to laws regulating the manner of how firearms are borne, “courts have traditionally been more deferential to the legislature in this area.” This is especially so when considering that “[r]eliable scientific proof regarding the efficacy of prohibiting open carry is difficult to obtain.”

Therefore, we agree with the Fourth District and are satisfied that the State’s prohibition on openly carrying firearms in public with specified exceptions — such as authorizing the open carrying of guns to and from and during lawful recreational activities — while still permitting those guns to be carried, albeit in a concealed manner, reasonably fits the State’s important government interests of public safety and reducing gun-related violence.

He then responds with this.

Really? Open carry is being banned because, by being visibly lethally armed, open carriers are putting themselves at more risk of crime? Would a reasonable person, deciding whether to openly carry a gun, think, “I probably shouldn’t do that, since people will be more likely to target me because they see I have a gun”?

This strikes me as quite implausible. To be sure, we can imagine some situations in which open carry could make a person more vulnerable. Indeed, as the court points out, in some situations, an attacker “might be more likely to target an open carrier” because the “visibly armed citizen poses a more obvious danger to the attacker.” In others, open-carrying by a gang member onto another gang’s turf might be seen as especially provocative and might therefore lead to a shoot-out.

But those would be relatively rare instances, no? On balance, wouldn’t there be many more situations where a would-be attacker would try to steer clear of a visibly armed person than where the attacker would deliberately target that person first? And given that the government interest is in preventing crime generally, the question is whether the law would on balance reduce crime, not whether it could in some rare circumstances reduce crime but in more common circumstances increase crime.

True, I know of no empirical studies one way or another. But even under “intermediate scrutiny” (as opposed to the highly deferential “rational basis” scrutiny), one should have either empirical studies or at least an inherently plausible theory, rather than mere hypothetical and unlikely speculation. And here the theory that, on balance, being visibly lethal will draw attackers rather than deterring them doesn’t strike me as plausible.

Now perhaps open carry bans might be justifiable on other grounds, such as that open carry (even holstered, rather than brandished) causes law-abiding passersby to feel uneasy. The two dissenting justices discussed that theory, and here’s what they had to say:

[The majority’s] reasons may not be totally irrational, but they do not provide any substantial justification for the ban on open carrying. Such “speculative claims of harm to public health and safety” are “not nearly enough to survive the heightened scrutiny that applies to burdens on Second Amendment rights.” There is no substantial link between the ban and public safety, and the State’s speculation is no substitute for such a link.

The suggestion that someone committing a crime “might be more likely to target an open carrier than a concealed carrier” is subject to the rejoinder that a criminal confronted with the presence of an open carrier may be more likely to leave the scene rather than face the uncertain outcome of exchanging gunfire with an armed citizen. In hostile encounters between armed individuals, the outcome is seldom certain, and even criminals can understand that fact.

Many — admittedly not all — armed criminals will give a wide berth to someone they know to be armed. Likewise, speculating about the disarming of individuals who are openly carrying firearms by “deranged persons and criminals,” is a grasping-at-straws justification.

The reality is that it is highly unlikely that these feeble proffered justifications had anything to do with the adoption of the statute banning open carrying…. The ban on open carrying is best understood as the Legislature’s response to the public concerns swirling around adoption of the concealed-carry law…. [T]he Legislature decided that the sacrifice of open carrying was a necessary and appropriate response to the public opposition generated by the passage of the concealed-carry law. But the legal landscape has now dramatically shifted. Heller has settled that the Second Amendment protects the right of individuals to keep and bear arms. And Heller‘s historical analysis points strongly to the conclusion that the individual right includes the right to carry arms openly in public.

This truth should be acknowledged: opposition to open carrying stems not from concrete public safety concerns but from the fact that many people “are (sensibly or not) made uncomfortable by the visible presence of a deadly weapon.”

Of course, many people are made uncomfortable by the fact that others are permitted to keep and bear arms at all. But contemporary sensibilities cannot be the test. Such sensibilities are no more a basis for defeating the historic right to open carrying than for defeating the understanding that the Second Amendment recognizes the right of individuals to keep and bear arms.

This is a tangled web, yes?  So let’s break it down.  The Supreme Court deferred to the legislature on what keeps folks safe, having relegated this question to intermediate scrutiny.  They found plausible (or said they did) the notion that someone could snatch a gun from an open carrier and thus make the public less safe.

But here they leave unaddressed the question why the legislature doesn’t prohibit LEOs from openly carrying weapons as it merely provides opportunity for gun theft.  And if the answer to that is the function they expect LEOs to perform, the obvious answer must be that according to Tennessee v. Garner, LEOs cannot do any more with weapons than you or I, to wit, self defense.  If the open carry of guns is unsafe, then prohibit LEOs from doing it.

Furthermore, why must we conclude that the public is less safe with open carriers just because the possibility exists that open carriers might be targeted first in any confrontation or mass shooting?  Wouldn’t that make the public safer?  That’s been my argument all along.  That an open carrier is the first target is an awful, terrible, cowardly reason not to open carry.

There might be good reasons, but that you don’t want to be the first target is not among those reasons.  I would rather I face an attacker than any women and children who might be around me.  Otherwise, what use am I?  Why am I here on earth if I cannot honor God in this way (John 15:13)?  If openly carrying a gun makes you the first target, and if there are people willing to be that target, then it stands to reason that this is advantageous to public safety and health.

Finally, the dissent make clear the real issue, and it was legal concealed carry is a compromise for squeamish and childlike people who think that the lack of visible presence of a gun on your hip means that you’re not armed.  Truth telling by the justices is a good thing. In other words, it’s an appeal to myth and fairy tale.  Few criminals are going to advertise their intentions in this manner, which is the reason that concealed carry at one time in history was considered ungentlemanly and boorish.


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