The current shutdown in Nevada and in various states across the country is unprecedented in American history. It is reminiscent of wartime restrictions like blackouts and curfews—something that few alive can recall. By no stretch of the imagination are these things draconian. They are a last-ditch effort to keep the hospitals from being overwhelmed. America is seeing an explosion of cases as we enter the “boom” phase of the pandemic. Unfortunately, we left our borders open for too long when it became apparent that a disaster was happening. We failed to have adequate tests to identify infected patients so epidemiologists could track the infected people. If this were a fire, we let the house burn until it spread to the neighborhood and now the embers have ignited uncontrollable spot fires across the city. We should have taken drastic measures sooner. We knew what was coming yet our government failed to act. These self-isolation and shutdown precautions a month ago would have done good then. Now, it is too late. The explosions in deaths will continue. We are behind the curve. The spike we’ve seen thus far is nothing compared to what will come. The infection has been raging all around us and will continue to incubate until everything shuts down. The question is, will the shut downs and lockdowns have any effect? This is a grand experiment with huge consequences for both success and failure. If we succeed, hundreds of thousands, perhaps millions, live. If we succeed, our economy pays a terrible price that will likely reduce us to a situation not seen since the 1930s. If we fail, our economy is still destroyed, our hospitals are overwhelmed, and our doctors and nurses become casualties. Flattening the curve should be intuitive by now, and if it isn’t, I can’t help you. The risk to hospitals is far greater than naysayers assume. Hospital overflowing with COVID patients means that the hospital can’t be used for routine emergencies or surgeries. From trauma victims to people falling victim to unknown major medical conditions, they may be unable to get the kind of help they can get today simply because there are no bed and not enough staff. We are facing the total breakdown of our medical system. Despite my best wishes, I don’t think our Hail Mary pass will work. COVID-19 will be something that will be with us. In time, patients will probably be taken to specialty field hospitals in gyms, stadiums, and large buildings where many of them will die. We will slowly return to work, but in a country where the virus runs rampant and infection is taken for granted. Survival for those who get a bad case will be a rolls of the dice. Economy vs. untold deaths measurable by statistics is hard calculus. Do you sacrifice ½ to 9 million so people have a paycheck coming in? When all the people are dying, are people going to want to go on vacation and gamble? How far is too far? We won’t know the outcome of this experiment for months and it will probably be years if we can judge whether it was worth it. Right now authorities are hoping and praying this works. If you accuse them of not prioritizing the economy over “just the flu,” look at how the stock market only tumbled a week ago and how long the government waited. As individual citizens, we must be wary of the government restrictions. Will they be too heavy handed? In letter, they appear to be. In execution, we will see. In Nevada, we have seen the “voluntary” closures expanded into mandatory closures because of non-compliance. This is typical government; people don’t listen so crack down. Yet police will be reluctant to drop the hammer on citizens. If people get busted for going to the park or swimming at the lake, the backlash will be far more extreme than just economic hardship. In this respect, we can’t let government dictate aspects of our life or where we can go or everything we can do. Breaking people up into small groups is an understandable and commonsense step at preventing viral transmission. Locking people in their homes is not. Requiring businesses to make dramatic changes to ensure safety is also a good thing, yet an indefinite lockdown is antithetical to the American way of life. I predict that in a month, if the restrictions are still in place, they must be and will be loosened. Americans will not tolerate being forced to stay home and just go out to get necessities. We need to enjoy nature, go to the beach, go camping, and engage in outdoor activities. In small grounds, families and friends need to come together. So I do think that some businesses will start to re-open but with much greater emphasis on safety. Food poisoning due to greater food handling safety will be less. We won’t be eating out at restaurants. Working from home will become the norm. If we go out, we’ll be segregated into small groups. Wearing a mask may become mandatory or normal. Life will adjust until medicine can catch up with the virus. Either way you look at it, there will be casualties. Lives, jobs, homes, fortunes and futures will be lost. We will take a staggering blow from the pandemic that could have been stopped or seriously mitigated but for incompetent government. We suffer under hard measures because hard measures were not taken when they were necessary. As humans and as Americans, we tend to do that. So watch this experiment closely and hope it works. You know what I really think? It's too late for this to work. Too many are infected, the hospitals will be overwhelmed anyway. If we get really lucky, we do flatten the curve, things normalize, but a part of "normality" for a while will be people going to specialty coronavirus hospitals. Gov. Sisolak has ordered non-essential businesses closed because they didn't close voluntarily. By midnight tonight, non-essential businesses must close. Read about the order and what is essential and non-essential at the Review-Journal. The economy is taking a major dump because of this. While some of these precautions are necessary, they are extreme and because of government failure to stop the spread of the pandemic earlier. We're talking failing to push out enough tests to ID cases and track them. We're taking a mask shortage or cutting off travel out of hotspots like Seattle. For the fifth time, I'm reminding everyone that the state CANNOT use a state of emergency to close gun stores. It's flat-out illegal in Nevada. In California, they are closed or defying orders. DPS has shat the bed on background checks and citizens need time for their checks to clear and pickup their guns. I'm harping on this so much so that word gets out to desperate people. Also, if police or authorities try to shut gun stores down, the public and the government is on notice that we know. If they do attempt to shut down gun stores, citizens can rally to protest the move (in small groups at least 6 feet apart, of course). Per NRS 414.155, during a state of emergency, firearms cannot be confiscated unless one is unlawfully in possession of the firearm or unlawfully carrying the firearm (in violation of existing laws). No executive or local authority including the governor can make additional restrictions or ordinances pertaining to firearm restrictions. This law was in response to the post-Hurricane Katrina confiscations in New Orleans. NRS 414.155 Limitations on emergency powers relating to firearms. Pursuant to Amendment II of the Constitution of the United States and Section 11 of Article 1 of the Constitution owww.leg.state.nv.us/NRS/NRS-414.html#NRS414Sec155f the State of Nevada, and notwithstanding any other provision of law, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow: 1. The confiscation of a firearm from a person unless the person is: (a) In unlawful possession of the firearm; or (b) Unlawfully carrying the firearm; or 2. The imposition of additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of: (a) Firearms; (b) Ammunition; or (c) Components of firearms or ammunition. Sheriffs' offices all across the state are shuttering their lobbies as Nevada engages in social distancing. This closes fingerprint and record bureaus, leaving those who are trying to apply for a CCW in the lurch. Also, business closures and social distancing means that CCW classes are being cancelled by trainers and ranges. So for many people, they will be unable to carry legally outside the house. Why is this so when open carry is legal in Nevada? Most people prefer to carry concealed for a variety of reasons. The most common is that they are not comfortable exposing to the world that they are armed or that they prefer to appear like a harmless target; the "gray man." Whatever the reason, concealed carry has been the preference for carrying a pistol since the early 1800s. Requiring permits to simply keep a gun out of sight is wrong and unconstitutional. The earliest concealed carry bans came from a desire to stop dueling or fights caused by honor violence. Like two gang members in a bar who start a shootout because one person gave the other guy a dirty look, disputed quickly escalated into violence during the 1800s. Culture at the time in places across the country, like the West and the South, tacitly approved of this kind of thing. Reformers sought to ban concealed carry because men would reach into their pockets to draw weapons. If this was banned, people might stop carrying. And if all guns had to be carried openly, then no one could surprise the other that they were armed. No matter what the law, it seems that people still carried concealed up until many states issued permits for concealed carry, most going shall-issue in the last 20 years. Our concealed carry laws are based on premises of gun control trying to control crime over 150 years ago. These laws have failed totally and only exist today as government control on armed citizens. Concealed carry laws (or permits required altogether) make it easy for police to arrest bad guys with guns. These laws affect the average citizen who just wants to protect themselves. Like the people in California and across the country who just found out that you can't order a gun online, many people are getting the rude awakening that concealed carry involves a variety of hoops. Now those hoops are on fire. A woman can't carry a gun in her purse without a permit (not saying that's a good idea). A man can't put on a jacket unless he's careful to tuck it behind his gun so that he's still openly carrying. The people who aren't comfortable broadcasting to the world that they're packing heat won't carry at all because they won't do it openly. That last group is the main reason that concealed carry bans need to be abolished. Telling people to open carry has always had the effect of deterring many from carrying. It's a false choice and wrong of the government to do. Even if the permit process was less odious or setting aside the constitutional questions, the training and permit process is now an insurmountable obstacle to getting a permit. Sheriff's offices are not taking applications or have closed their fingerprint bureaus. Who knows if there will be enough staff to keep up vital operations, let alone run the background checks to issue permits? Trainers can't get people together in classes or people to gun ranges. What the coronavirus is telling us about guns is that the system the government has put in place fails miserably in an emergency. From the Brady background check on gun sales to the CCW permit process, people are effectively having the Second Amendment rights denied. This is a rude awakening, but hopefully it will lead them to support removing the obstacles that stand in their way in the future. Just bought a gun? Don't have/can't get a concealed firearm permit (CCW)? Here's how to open carry safely. Be sure to check out the open carry page on where you can and can't carry. RetentionThough handgun snatchings from citizen carriers are statistically rare, they do happen and most often they happen to ill-trained and ill-equipped new carriers. Another common danger is a loose holster letting your gun spill out on the ground with your body movements; few things reduce confidence in an open carrier than a gun skittering across the store floor when you reach for the bottom shelf. A good holster will keep your gun where it belongs on your hip. Friction retention Friction retention relies on the tightness of the holster material itself to keep the gun in place. Originally, this was just tight leather. Holsters made of modern materials like Kydex and polymers hold the gun fast with retention screws. These tighten the fit of the holster against the gun by twisting the screws. One Level Retention I'm defining each level of retention as one level, with friction only being "zero." The most basic form of active retention, that is where a mechanical device affirmatively holds the firearm in the holster and must be deactivated before drawing, is a simple strap. This type of holster is common for revolvers, 1911s, older style semi-automatics, and people who just like that kind of thing. These types of holsters have a button snap that can be popped off with the thumb, allowing the hand to draw the weapon. Next we have a locking holster, such as the Blackhawk Serpa, which is a poor choice because the finger releasing the paddle can, under stress, contact the trigger resulting in an unintended discharge. A better choice is the Safariland ALS series, where the thumb releases the locking mechanism when grabbing the pistol's grip. These types of holsters are best for civilian open carriers. Two and Three Level Holsters These models have multiple levels of redundancy and are best used by law enforcement, which faces a much higher risk of gun snatchings than average citizens do. The below Safariland holster has a strap locking system that must be disengaged during draw, but also has a hood that prevents the pistol from being drawn except from behind (by the officer). Don't Carry Like ThisAlways get a holster, never carry tucked into your belt or in a pocket. Carrying like this makes you look like an amateur and that can embolden someone to snatch your gun. This is the equivalent to a little old lady leaving her purse in the shopping cart while she turns her back on it in the grocery store in the bad part of town. Don't look stupid. Also, not carrying in a holster can result in negligent discharges. Many people have been shot by pistols when holstering them because clothing or some pocket item contacted the trigger as the pushed down on the gun to snug it into whatever. Don't shoot yourself; get a rigid holster that covers the triggger. AwarenessYou should always be paying attention to your surroundings. At home? Pay attention to strange noises or voices. Out in public, be sure to look at people. That suspicious guy? Look him in the eye. Don't just put your head down and look at the ground or get lost in your cell phone. Thieves target easy targets. Someone who is unaware is an easy target because the attack can begin before the person starts to react. Check out Col. Jeff Cooper's color codes. Nevada’s background check system has been utterly overwhelmed by the huge spike in background checks for guns during this coronavirus panic. While delays are understandable, the total failure of the phone and computer systems are unacceptable. Nevada has failed to ensure that this critical infrastructure would be functional in a crisis. We know that the Firearms Unit phone system is unable to handle call volume and hanging up on dealers. We know that dealers must wait on hold for hours, if they can, to get to person. We know the computer systems are failing. We know that the fax number is so busy faxed requests can’t be sent. We know that the Firearms Unit is six employees under budget. The Brady Background check bill touted an “instant” approval system. Nevada does not live up to this promise and the failures of the state to ensure a working system under foreseeable high demand has amounted to a denial of fundamental constitutional rights. This logjam of poor logistics and management is preventing people from bearing arms. It is a de facto waiting period and an arbitrary one at that because of state incompetence. Worst of all, firearm sales between private individuals is illegal because of a corrupt, hoplopathic legislature and governor. Background checks need to be abolished in their current form (or totally). Nevada DPS (Dept. of Public Safety) needs to have it’s Point of Contact mission removed from it and the Silver State use the federal NICS. Overall, our country needs to move to a blind background check system accessible to dealer and citizen alike over a secure website. In the mean time, DPS needs to immediately take the following steps.
Furthermore, Nevada needs to scrap its Point of Contact altogether. While it was a fine idea to incorporate local records, DPS has shown itself to be incapable of keeping the Firearms Unit properly staffed and unable to manage this huge and predictable spike in background checks. Nevada needs to transition to the federal NICS system that has great capacity, is available 24/7, and allows dealers to use an online portal. If you would like to politely reach out to the DPS director and deputy director, their emails are below: George Togliatti, Director gtogliatti@dps.state.nv.us Sheri Brueggemann, Deputy Director sbrueggemann@dps.state.nv.us A 57 year old woman was robbed of her groceries while walking home from Raley's in South Lake Tahoe. This is in California, but right over the border from Nevada and just up the hill from Carson City and Douglas County. Police describe the man as possibly a transient who strong-arm robbed the woman by knocking her to the ground. This kind of thing may become more and more common as people become desperate. Nevadan's should carry or go with (or shop for) their vulnerable relatives and friends. This robbery is probably only just the beginning of crime and hardship that is coming to our country. COVID-19 is stopping people from getting their CCWs! Thank goodness open carry is legal in Nevada! LVMPD is looking at an online application system; info on this is pending. This is an interesting development and one long in coming. Read more at NV Shooting Sports and Firearms Training Network Nye County has probably stopped taking applications. See NV Shoting Sports' post. Lincoln County has also announced a cessation of CCW applications. However, in Lincoln County ONLY, the sheriff is honoring expired permits for an additional 45 or until the hold is lifted. Read more at NV Shooting Sports. Nevada's gun background checks are processed by the state Dept. of Public Safety Point of Contact Firearms Unit in Carson City. Many other states use the federal NICS system. Nevada's system is only open from 8AM-6PM. NICS is open 24 hours. Nevada has only 17 positions and 6 are currently unfilled. This crisis has completely overwhelmed the state background check system that cannot handle the call volume. The phone system has been hanging up on people after half an hour or someone answers and hangs up. We're waiting on someone to provide us a recording that DPS is placing on the phone. Then, dealers are reporting holding for 4-7 hours on the phone. The computers keep crashing. Faxes aren't even able to be sent as the fax line is jammed. If you do not have a CCW, you cannot buy a gun in Nevada at this point. Remember, private sales not involving a dealer are illegal in most cases. Background checks are now an absolute infringement upon the right to keep arms. If you can't get the state to approve it, you can't even exercise those rights. Special thanks to NV Firearms & Training and R.S. who have been tracking this closely to us. The official guidance on what is, and what isn't an essential business has been issued by the state. Gun stores aren't mentioned on the list. A lot of businesses aren't mentioned on the list. By law, gun stores cannot be closed during a state of emergency. It's also good to see that the governor does not feel he has the power to close churches as that gives us an argument that the Second Amendment can't be infringed upon if the First Amendment is being respected (somewhat). Did you just buy a new gun, maybe your first, because the Coronavirus has gotten you scared? Here's some info to keep you safe and legal. Safety FirstAssume all guns are loaded all the time. Never assume a gun is empty. Check to ensure that the gun is unloaded and the chamber empty. If you act like the gun is always loaded, you will treat it with more respect and are less likely to have a negligent discharge. Keep your finger off the trigger until your sights are on target and you are ready to shoot. Never trust your safety. Touching a trigger accidentally may cause the gun to shoot at the wrong time. Many deaths and injuries have been caused by unintentionally pulling the trigger. Always keep the gun pointed in a safe direction. Control where the muzzle is aimed. If on a shooting range keep the gun pointed downrange (towards the target). If you are not on a shooting range, it is best to point the gun down and away from anyone's legs or feet. Never point the gun at anything you are not willing to shoot. Never point a gun (loaded or unloaded) at another person. Don't point a gun at anything that you don't want to destroy, like your car, a wall, or a TV set. If you do have a negligent discharge, if the gun is pointed in a safe direction. Know your target and what lies beyond. Make sure the area of your target is free of people, property, or animals. Don't shoot at random objects until you have inspected them. On a target range, make sure you have a safe backstop like a hill or berm behind the targets. In self-defense, you wouldn't necessarily want to shoot at a criminal if he is surrounded by children. When hunting, ensure that if you miss, you will not hit a person or something else. Do not shoot on or over a road and shoot away from buildings. Lock your guns away when not in use, especially if children are in the home. Guns should either be in a safe place or on the person. Use a gun safe, gun cabinet, locking container, or gun lock that prevents it from firing. Children should never be able to access a firearm, even if they have been trained in gun safety and they are well-disciplined. Unsecured firearms are the leading cause of accidental firearm deaths to children. The NRA recommends: STOP! Don’t Touch. Run Away. Tell A Grown-up. Use only the correct ammunition for your gun. Know the caliber and what loads are appropriate for your gun. For example, 9x19mm Parabellum (Luger) is different than 9x17mm, which goes by a variety of names like .380 ACP or 9mm Kurz. Some 9mm Parabellum guns cannot safely shoot high-power loads like +P+. Self-DefenseIf it is not a life-threatening situation, do not shoot people and if this is your first introduction to gun laws, you probably shouldn't draw it. You cannot shoot someone to protect your stuff from being stolen or vandalized. Property crimes Deadly force is not permissible to stop a non-violent crime, such as shooting a burglar running away with stolen property. Please note, robbery involves force or fear and is a separate crime from a burglary, which is entering an occupied structure with the intent to commit a felony, usually theft. This video and the armed citizen's commentary is a good example of how to handle a potentially violent property theft. Pointing a firearm to deter a violent burglar as in the video would generally be permissible, but shooting without a threat of death or injury in such a case would not be. Brandishing Brandishing is defined as drawing a deadly weapon in a threatening manner, not in lawful self-defense, in the presence of two or more people (NRS 202.320). It is also a crime to aim a firearm at someone outside of lawful self-defense (NRS 202.294). Carrying a GunNo concealed firearm permit (CCW)? No concealed carry You cannot carry a hidden (concealed) firearm without a permit. Do not put a gun under your shirt, put a jacket on over your gun, or put it in a purse you're carrying without a permit. Open carry is legal in Nevada. Open carry is defined as a loaded or unloaded handgun which is carried upon a person in such a manner that is discernible by ordinary observation. Get a holster and use it. Even if it's a cheap, universal holster use it. Don't carry a gun without a holster, especially openly. Maintain awareness of your surroundings and anyone who might want to snatch your gun (important if you're new to carrying). Can I keep a loaded gun in my car without a permit? Yes, for a loaded handgun. Not so for a loaded rifle or shotgun (NRS 503.165). Long-guns cannot have a cartridge in the firing chamber, but may have a loaded magazine in the weapon. Nevada has no laws prohibiting open carry or loaded carry of handguns. Without a law criminalizing something, it is legal to do that thing. (NRS 193.120). Can I open carry a handgun in a car? Yes. Your pistol can be holstered on you or can be visible on a seat, in the center console, in a cup holder or it can be placed out of sight in a glove box, case, or under the seat. Does my gun have to be visible in my car? No. Guns in cars may be anywhere; in the glove box, center console, map pocket, under the seat, in the trunk, in a cargo box, on the dash, in a cup holder, on the seat, in a gun case, in a purse, etc. The firearm does not have to be visible, except that concealed carry on the body (in a concealed holster or in a pocket) does require a permit. Open carry in a car is permissible. Where Guns Are IllegalYou can legally openly carry everywhere except for the following places:
Firearms are banned in "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties" and includes essentially all parts of federal court facilities (18 USC § 930). 'No weapons' signs must be posted at federal facilities in order for someone to be convicted (but you may be arrested).
|
Archives
April 2024
CategoriesBlog roll
Clayton E. Cramer Gun Watch Gun Free Zone The War on Guns Commander Zero The View From Out West |