Friday, July 3, 2015

Universal Background Checks -- Bah! Humbug!

Ever wonder why the anti-gunners are so intent on across the board ("universal") background checks -- even when we are  buying, trading, gifting, or just swapping guns privately?   It's not a gun safety issue.  The hidden agenda is to eventually have universal gun registration . . .  and then if the anti gunners play it really right . . .  after the next big tragedy . . .   they'll get legislation passed, get  a list of all the guns, and then, one day, come knocking on your door to collect them.

Don't think it can happen?

Sure can.  They've done it all over the world.  They did it in New York.  They've done it in other states and cities.  If they can stack the Supreme Court the wrong way and get just two changed votes  . . .   or get a 2/3 majority Democratic Congress and president . . .  it could happen.

You see, the big problems -- funding mental health --  funding and requiring drug rehab via civil not criminal penalties --  fixing the tax code so that big corporations aren't rewarded by building factories overseas rather than in the USA, so the jobs come back to the cities  -- these are just a few of the things the big money lobbyists control and prevent.  Politicians are in it today -- first, for themselves . . .  then for their Party . . .  and then . . .  maybe . . .  (assuming there's anything left) . . . for the country.

Guns have never been the problem.  Keeping them from honest people has been the real problem. Every time we extend gun ownership or possession the politicians, liberals, and anti-gunners cry it will cause a "Wild West" in the streets.  And every time, instead,  we see the crime rate go down, statistically, and their fears are unrealized.  Plus, sales between individuals are statistically not a big deal.  If someone who is prohibited buys a gun privately -- they've just committed a five year felony with a mandatory federal prison sentence.  If they're willing to do that -- you better believe they're gonna get it, anyway,   Home and auto burglaries will just go up, so they can steal them.  Gun stores and pawn shops will become targets. And the usual will happen -- criminals will have them -- citizens won't.

So,  next time somebody says we should have "universal" background checks -- tell them where to go.  The Second Amendment is one of the timeless building blocks that keeps this country free.  We don't need less of it -- we need more.

Wednesday, June 17, 2015

A New Post -- really! Explaining non-deadly threats in Florida.

Those of you who actually are rumored to have read my blog have (on occasion)  emailed to make sure I am alive, and ask why I haven't posted anything for a while.  In order to answer that question, and more, First:  I am alive. I looked in the mirror -- and whoever the hell was in there waved back.  I'm sure it was me.   Second:  I rarely write unless I have something important to say, which is even more rare.   and Third:  I guess I haven't had anything important to say for quite some time.   However,  I actually got an interesting question by email -- that is also actually worth sharing.   And so . . .  for those of you hungry for my arguable "words of wisdom" -- your prayers have been answered -- or perhaps, alternatively -- greatest fears have been confirmed:   I write again!

The email question:   "Great book, I learned a lot! The one thing that puzzles me it what is a threat of "Non-deadly force". The only thing I can think of is "stop or I will have to use pepper spray." But what if I do not have pepper spray, what is one to say that is "non-deadly" threat?".   (thanks to David for sending it)

The Answer:   The whole thing royally screwed up by the 2014 Legislature is stupid -- but to explain:  a threat of non-deadly force is just a threat -- it doesn't need something to back it up in reality.  So -- where non-deadly force would be justified -- you should be able to "threaten"  (although not necessarily use) any non-deadly force that would be legally justified -- which should include:  pepper spray, tasers, stun guns, or whatever else fits.  It doesn't matter it's a bluff.  It doesn't matter that you don't have the actual weapon.   If it qualifies as a "threat" -- it's still a threat, weapon or not.  Whether a threat of non-deadly force, even in a non-deadly force situation,  is a great idea --  is another thing.  Whether it will escalate the situation is always an open question.   Whether the responding cop thinks it's justified -- who the hell knows.  The law is still quite imperfect, and immunity is a joke, unless the Florida Supreme Court changes some current interpretations.  Of course,  and on the other hand,  if any type burglary is about to go down -- a "threat"  (not the "use") of deadly force is lawful -- thus display of a firearm would be lawful if your apprehension was reasonable.  Use would probably not be permitted unless it escalated to something lots more serious.

Hope that helps.   If not -- read the last two chapters again.  It may just stimulate those long unused brain cells.   All my best.

jon gutmacher

p.s:  By the way -- the free internet book update will come out in mid to late July.  Not much new unless you are fleeing from a hurricane.  In that case,  you can now bring your gun -- but it must be concealed -- even without a CWL.  More on that in July.

Monday, January 26, 2015

A quick comment on steering wheel holsters

I just did an article for the Florida Association of State Troopers on steering wheel holsters, and was thinking -- why would anyone really want one?

Now . . .  I know there are several reasons it seems like a great idea.  Hidden from view.  (mostly) Very quick draw.  Impresses all your friends, and looks great on a truck . . . but besides that . . . why not the console (assuming you've got one)?  Hidden.  Quick.  Very legal.  Stock.

OK . . . so you know my preference in life -- now here comes my warning and "fix" on steering wheel holsters.  They're not "securely encased" unless the gun is strapped inside one.  Since most of these don't come with a strap -- you better add one.  Velcro should be easy.  All you need is a good quality outdoor glue, and a pair of scissors -- and you're in business!   On the other hand -- noisy when you open the damn thing, and if you use the industrial strength -- you may be in for a big surprise when you try to get it open.

On the other hand -- you reply:  "Who cares?   I have my CWL!   I don't need to be securely encased!"

Well, Big Kahuna . . .  partially correct.

You see -- if any part of the firearm can be seen from outside the vehicle -- it's probably "open carry".  Certainly,  at least a question of fact that could result in your arrest.  If it was "securely encased" -- it could be open -- as long as strapped.  So -- score one for Gutmacher.

Next problem -- since the access to the gun is way too damn fast -- and since there is a real good chance any officer stopping your vehicle who sees it will go instantly ballistic because of that proximity and accessibility -- it is not the safest place to have a firearm unless your hands are placed firmly on top of the steering wheel with your license, etc -- when the officer approaches.

We're talking about practicalities here.  I am a very practical person.  I want to survive.  Far too many cops shooting unarmed civilians due to the crazy lunatics we have running around today!  Believe me, these officers are stressed out on what some people are doing -- and since they have no idea if you're one of the good guys, or the bad guys when they stop you -- I go for safety first.

That being said -- you're gonna do whatever you're gonna do.  At least now -- you know the law, and the risks.   Have a great day!

Thursday, January 22, 2015

Guns by CWL holders at colleges and universities in Florida

Talk about coincidence,  and thinking of the same problems at the same time -- my last post was a substantial bitch about not being able to carry with a CWL on the premises of a college, university, or especially vocational school -- especially at night.


And then came HB 4005 -- a bill just proposed in the Florida Legislature -- that needs your support (post it on Facebook,  urge folks to write their Florida legislators).   The bill eliminated subsection  790.06(12)(a)(13) that prohibits carry at colleges and universities.

Now,  while you would think that takes care of the problem -- it doesn't.


Well, because the bill does not have a "preamble" that actually states the legislative purpose -- it leaves the legislative purpose up for interpretation by the courts.  Unless they find that the legislative purpose is clearly to allow CWL holders to carry at these locations -- F.S. 790.115 will still control, and prohibit such carry.  Which brings up the next point -- Do you want to be the "test case" facing a third degree felony if the decision goes the other way?

Of course not!  

So,  what's the fix?

Well, the fix is really easy -- plus,  I highly recommend adding "vocational schools" into the bill, because those often take place at night in not the best places in town, with mostly adult students.
So, I have two possible fixes -- the simple one being a preamble inserted at the very beginning of the bill, with no other changes:

"Whereas the Florida Legislature believes it is in the best interest of the public that persons holding valid Concealed Weapon Licenses pursuant to section 790.06 or 790.015 of  the Florida Statutes not be prohibited from lawful possession on the premises of colleges, universities, and  adult vocational schools,  therefore"  [be it enacted by the Legislature of the State of Florida] . . . .

The more complex fix is by renumbering subsection (2) of the bill as subsection (3), and inserting a new subsection (2), as follows:

"section (2), paragraph (2)(a) of section 790.115, is amended by adding sub-subsection (4) to read:  (4):  On the premises of any college, university, or adult vocational school, by a person holding a valid Concealed Weapons License pursuant to section 790.06, or 790.015.

So -- if you think my idea is a good one -- or you just support allowing a CWL holder to have a concealed firearm on a university, college, or vocational school campus -- send a letter to your local rep at the Florida House and Florida Senate -- and include a copy of this blog post, and let your friends on Facebook and elsewhere know -- this is a really important bill to actively support.  Give em my blog post address so they can read it for themselves:

Alabama and Georgia already have this -- and it's working fine.  It will here, as well.

Thursday, January 15, 2015

Florida's lack of common sense on adult school classes. etc

I recently started taking a evening class at a local private college in an area that is not the best in town.  Of course -- no guns allowed inside by Florida law, even with a CWL -- even if the school allowed it.  No guards.  No door security beyond an 20 year old female undergrad student who I doubt could stop anything beyond a small poodle from getting in.  Not the best lighting.  Even if they had guards -- they could not be armed, because Florida law doesn't allow that.  Same with administrators and professors.  So, here I am -- the "gun expert" in Florida -- a lousy walking target with zero method of practical defense if anything happens -- and to boot, the FBI is warning everyone of "terror threats" -- with schools and colleges being among the softest targets around -- especially private!

So, realizing I am not paranoid, but just have too much damn training so that I realize I really AM in possible danger . . .  I ask myself what the hell I'm doing walking to class in the pitch dark at "terror central"?  And, that's totally discounting any local or international terrorists -- because I'm not even safe from the local low life.  So --   I keep asking myself -- what the hell is the problem with the Florida Legislature?  Why can't a private school or college hire armed security guards if they want?   Why can't the State allow a CWL carry to an adult education class at night or weekends when they are the most likely to wind up as a victim?  Why can't teachers and administrators be armed if they take special training?  Georgia has no problem with it -- and no problems because of it.  So do some of our other neighboring states.  The only thing history has taught us (really -- just read the news) -- is that laws preventing CWL's from carrying just about anywhere -- only gives criminals more of a break.  I think it's about time we started a letter writing campaign, and wake these guys up!

Wednesday, January 7, 2015

Validity of out of state CWL in Florida

I had an interesting email question today from a resident of another state who had a CWL from a different state in which he did not reside.  He wondered if his out of state CWL was lawful in Florida.

My answer was that Florida Statute 790.015 requires an out-of-state CWL holder to be a resident of the State where the CWL was issued in order for it to be valid in Florida.  So --  this individual was not covered in Florida, even though his state of issuance was reciprocal.  Again -- that's because he was not a resident of that state.  On the other hand,  he could have obtained a Florida CWL under F.S. 790.06 which allows an out of state resident  to obtain a Florida CWL, no matter what state they are from.  Interesting little quirk in the law, and applies equally to several other reciprocal states if you're visiting there.  So, unless you're actually a Florida resident (which means you have the Fla drivers license or i/d card), if you visit a reciprocal state with a Florida CWL -- you might not be legal if you carry.

Sunday, December 28, 2014

Pistol to rifle conversion kits -- avoiding NFA.

Got an interesting question about pistol to rifle conversion kits, and whether they were NFA.  Although somewhat complicated, the entire matter is determined per ATF Ruling 2011-4, which can be found on the ATF website.  In essence, where a rifle is made from a pistol, or from a parts kit where a conversion for both pistol and rifle are intended -- as long as the rifle meets all non-NFA specs -- it is legal, and the conversion can go back and forth so long as the pistol conversion and rifle conversions are non-NFA.  On the other hand,  a pistol cannot be made from a firearm originally designed solely as a rifle.  That is NFA, and illegal no matter what!  Of course, we are talking about only rifled barrel weapons here.  Smooth bore is an entirely different explanation, as I'm sure you understand.  Hope that explains it.   Of course -- non-NFA means the firearm meets all length and other requirements so it is not a short barrel rifle, or pistol with a shoulder stock or foregrip.  You can find that info in the new 8th edition in Chapter Seven.