Skip to comments.Open Carry of Firearms is Strong, Protected, Political, Symbolic Speech
Posted on 01/05/2023 3:56:32 AM PST by marktwain
The open carry of firearms is strong, protected, symbolic, and political speech. It sends a clear, specific political message:
The power of government is limited by the Constitution.
The government is not allowed to disarm free people who are peaceable.
Symbolic political speech is protected by the First Amendment. From mtsu.edu:
Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order.
The simple wearing or carrying of firearms is not a direct threat to any individual or to public order. If it were, the open carry of firearms by police would directly threaten individuals or public order.
Pointing firearms at individuals or even in their general direction could be a direct threat. Holstered sidearms and slung rifles are not a direct threat. They are an expression of political power and limited governmental power.
The Supreme Court has ruled symbolic political speech can be limited if very specific qualifications are met. The case was United States v. O’Brien. The qualifications are:
Open carry of firearms has been the most protected part of the right to bear arms. It isn’t easy to see an important government interest served by banning open carry, especially as part of demonstrations.
There are only four states which ban the open carry of firearms. They are California, New York, New Jersey, and Florida. This strongly implies there is no compelling government interest in banning the open
(Excerpt) Read more at ammoland.com ...
Also,I'm not a hunter. Never have been...never will be.
But I *absolutely* want a firearm...for one reason: because the likes of The Big Guy,the Botox Queen (Pelosi),Chuck U Schummer...and others...don't want me to have one.
And I,a decent,law abiding citizen,am entitled to have one...and to "bear" it...under the US Constitution.
Yes. It is a right guaranteed by the Second Amendment.
I have a CCW and have had it for 45 years. I also live in an open carry state.
I think it’s important to exercise your right to open carry, especially if you live in a deep blue state like the Soviet of Washington. Certain people when they see people open carry get nervous and they start considering all the myths parroted by the bumper sticker slogans pushed by the 2A anti’s.
The more these misinformed souls see that armed people are polite people, the continuous lies the anti’s peddle with impunity begins to crumble. Which is a good thing, IMHO. In Washington because of the crippling effect of having one party rule for well over 40 years, crime is soaring.
Applications and issued CCW licenses are soaring also. We have just over 7 million citizens and the state is closing in on 1 million CCW licenses, we should eclipse the million mark before summer. If the same 1 in 7 Washington residents carried openly, the anti people’s animated lies and attitudes towards guns would not have much effect on the rest of the citizens. We’d also see much less personal crime.
Open-carry is largely symbolic. In many cases, it actually puts you at a tactical disadvantage. Think long and hard before showing off your shootin’ iron.
There are, of course, tactical advantages to open carry as well.
You get tactical deterrence.
Both open carry and concealed carry have advantages and disadvantages.
Walking out of El Tapatio (local Mexican restaurant) yesterday morning, a group of 4 or 5 Sheriff’s Deputies walking in. I held the door for a couple of them and the last guy in looked down at my FN and said “You’re carrying, huh?” I said Yes, sir and he said “Good, I wish more people would.” These are the people who will resist disarming us. Thank you, sir.
I support the right of folks to open carry, 100%.
But in any urban or suburban setting, I think it’s far more tactical to retain the element of surprise and carry concealed.
Open carry has significant political advantages.
“....They are California, New York, New Jersey, and Florida...”
Don’t forget filthynois.
“There are only four states which ban the open carry of firearms. They are California, New York, New Jersey, and Florida.”
Illinois allowing open carry will be news to a whole lot of people here.
“Open carry is not legal in Illinois. A handgun carried on or about a person with an Illinois Permit to Carry must be concealed from view of the public or on or about a person within a vehicle. 430 ILCS 66/90.”
See post 12.
Open carry in IL will get you a quick trip to the County Jail.
That's the *only* reason I have one.
The God given right of the people to overthrow an oppressive administration is embedded in the document that legitimizes and empowers The Constitution of the United States.
Generally speaking, concealed carry is the way to go, but an organized open carry day will empower many new gun owners and show the strength and blessing of an armed citizenry.
National gun organizations, holster vendors, gun ranges and training instructors should promote this.
With the majority of states with Constitutional Carry, it is time to showcase the success and utterly embarrass the slacker socialists.
Don’t think that most police give a rip about your First or Second Amendment rights.
They don’t and some of them want to kill anyone carrying a firearm whether it’s legal or not.
Fixed it for you.
It's a given we all CCW for self-protection. Some of us also carry knowing it's not in our makeup to stand by and watch innocent bystanders -- maybe even strangers -- come to harm. To save our own skin while leaving others to twist in the wind. Some of us strap on our sidearm with the understanding that we might come to use it to end a fight that isn't ours. To protect someone we'd never met before. It that's you, you most assuredly want to present yourself as the Grey Man.
Why? Firstly, who draws attention draws fire.
Secondly, in military parlance, is "Freedom of Maneuver." If no one pays you any attention, if you're free to move about, and if you get really lucky, you might get the chance to shoot the bad guy in the back of the head before he knows you're there.
Whereas if you were carrying openly, you might well have been the first one to get shot.
As part of a group that's open carrying, ... maybe. Out by myself? Not a chance.
You are correct. My error.
Fixed it for you.
There are few documented instances of this. There are also a few documented cases where people are attacked and their concealed firearms stolen, because the criminal did not know they were carrying.
There are a few cases where we know criminals did not attack people, because they were open carrying. Tactical deterrence is a real thing.
It appears to be a wash, tactically. Most criminals do not want to risk a shootout. That gives open carriers an advantage.
There are a tiny number of psychos who are willing to murder people in public for almost no gain. When those people are involved, concealed carriers have an advantage.
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