10 Item(s)

Packing Heat While Voting? Does Your State Allow It?

Tuesday, November 6, 2018 9:55:33 AM America/New_York

Voting is one of the rights enumerated in our constitution, so is the right to keep and bear arms.  However, you need to be aware that exercising one constitutional right may impact another.

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Posted By legalheat legalheat

Why Every Gun Owner Should Understand The Gini Coefficient

Tuesday, July 10, 2018 1:17:31 PM America/New_York

The Gini Coefficient is the single greatest known predictor of violent crime. Understanding the Gini Coefficient can help us understand murder rates better than analyzing gun ownership rates, gun laws, or any other commonly debated variable.

If you are a gun owner and you occasionally peruse social media, you have no doubt encountered the dreaded "gun debate". That is, when someone attempts to diagnose why evil people do evil things, and it ultimately comes down to a claim that the gun itself is responsible, or that a law change could have avoided a recent tragedy. When the gun debate occurs on social media something truly magical happens. All participants immediately become lawyers, philosophers, psychologists, economists and historians. This phenomenon is illustrated well below.
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Posted By Phillip Nelsen

The Constitution Doesn't Care How Much Harm Guns Cause, and That Is A Good Thing.

Thursday, February 22, 2018 5:05:55 PM America/New_York

Preface: My purpose in writing this article series is ambitious, and necessary. What follows is designed to serve as a definitive response to several major arguments in favor of strengthened gun control in the United States. I will state no unsupported opinions. I will cite my sources and I will use only information that is irrefutable (or as close thereto that information may be). I will present the arguments and then I will welcome conversation. Nothing in this article will make reference to political parties, nor will I use intentionally inflammatory language. Little productive is accomplished from name calling and casting mass judgments. The individual right to self-preservation transcends political boundaries, and matters like this should be discussed intelligently.

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Posted By Alonzo Green

How do we actually stop the deadly Florida shootings?

Friday, February 16, 2018 5:30:01 PM America/New_York

The recent horrific school shooting at the Marjory Stoneman Douglas High School in South Florida sickens us all.   We weep for the Florida shooting victims and their families and pray for the speedy recovery of the injured.  We question who the shooter is, and what could have possibly driven the alleged Florida shooter to commit such a heinous crime?  We know from the videos that are appearing online the shooting created the type of chaos and fear that can drive extreme emotional injury, in addition to physical injury and deaths of the Florida shooting victims.

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Posted By Alonzo Green

Concealed Carry Reciprocity Act Passed by U.S. House! What You Need To Know

Thursday, December 7, 2017 5:58:25 PM America/New_York

Have you heard there is new federal legislation that will allow someone with a concealed carry permit from one state to carry in all 50 states? It actually might not be as awesome as you have heard. The purpose of this article is to dispel some of the myths associated with this proposed legislation and give an update on its status. Read more...

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Posted By Alonzo Green

5 Serious Crimes Many Gun Owners Have Never Heard About

Friday, October 13, 2017 1:52:23 PM America/New_York

Legal Heat

Are You An Accidental Gun Felon?

5 Serious Crimes Many Gun Owners Have Never Heard About

Presented By Legal Heat


Crime #1

Driving Through a School Zone

#1 18 U.S.C.A. 922(q)(2)(a)


It shall be unlawful for any individual knowingly to possess a firearm..

At a place that the individual knows, or has reasonable cause to believe is a school zone.

The Federal Gun-Free School Zones Act makes it a FELONY, punishable by up to 5 years in prison, to possess a firearm within 1000 feet of any K-12 public, or private, school.


There are only a few exceptions to the felony school zone rule:

  • If you are on a private property not part of school grounds
  • If the individual possessing the firearm is licensed to do so by the State in which the school zone is located.
  • If the gun is not loaded; and in a locked container, or a locked firearms rack that is on a motor vehicle


If the individual possessing the firearm is licensed to do so by the State in which the school zone is located.

            The DOJ clarified in a 2013 letter that his means you are breaking the law if you pass through ANY school zone in ANY state from which your permit isn’t issued.

            “The license must be issued by the State in which the school zone is located… a concealed weapons license or permit from any other state would not satisfy the criteria.”


Constitutional Carriers Beware!

This means if you are carrying a firearm without a permit (i.e. in a state where a permit is not required), this federal law in full force against you.

“The license must be issued by the State in which the school zone is located… a concealed weapons license or permit from any other state would not satisfy the criteria.”

Crime #2

Buying/Receiving A Gun From Someone Out Of State


It shall be unlawful for any person… to transport into or receive in the State where he resides… any firearm purchased or otherwise obtained by such person outside that state.

It is a FELONY to purchase, or receive, a firearm from any private party (non-dealer) who resides in another state than you, including family members.

So if you drive to your grandpa’s house in Montana, he gives you a shotgun as a gift, and you drive back to your home in Idaho with it, you have now committed a federal crime.

There Are Only 3 Exceptions:

  • Grandpa dies and leaves the gun to you in his estate
  • Grandpa loans or rents you the shotgun for temporary use for lawful sporting purposes
  • Grandpa gave you the shotgun prior to June 19, 1968

If non of these apply you must ship it through a dealer


Crime #3

Going to California (Seriously)


Any person in this state who… imports into the state… any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or [felony] imprisonment…

It can be a FELONY to simply import a MAGAZINE capable of accepting more than 10 rounds into the state of California. 

Even without having any firearms or ammunition, merely bringing a magazine capable of accepting more than 10 rounds into the state of California can be enough to get a gun owner charged.

And in case you were wondering, California can charge you for each magazine as a separate crime.

            See: People v. Sun, 148 Cal, App. 4th 374, 378, 55 Cal, Rprt, 3d 696, 699 (2007)

This is only one of the MANY examples of California state laws that can get a gun owner in legal trouble.

Crime #4

Going to the Post Office

39 C.F.R. 232.1(I)


Not withstanding the provisions of any other law… no person while on postal property may carry firearms… either openly or concealed, or store the same on postal property…

Possession of a firearm ANYWHERE on a postal property is a federal crime. It is punishable by a fine of up to $5,000, 30 days in jail, or both.

In 2013 a man named Tab Bonidy sued the USPS arguing the prohibition on storage of firearms on USPS property was unconstitutional in violation of the Second Amendment. He lost his case and the prohibition stands.

See: Tab Bonidy: National Association for Gun Rights, Plaintiffs-Appellees/Cross-Appellants v. Bonidy v. U.S. Postal Serv., 790 F.3d 1121 (10th Cir. 2015) cert denied, 136 S. Ct. 1406, 194 L. Ed. 2d 550 (2016)


“Can You Mail This Letter For Me?

Unfortunately not. It’s a gun free zone. Email is better anyway.”


Crime #5

Going Camping

(on Army Corp of Engineers Property)

36 C.F.R.


The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited [on Corp of Engineers Property]

There Are Only 4 Exceptions:

> If you are a Federal, state or local law enforcement officer;

> It is being used for hunting and is unloaded when transported to, from or between hunting sites;

> It is being used at authorized shooting ranges; or

> You have written permission

In 2014 an Idaho District Court ruled that the Army Corp of Engineers ban on possession of loaded firearms violated the Second Amendment. An appeal has been filed and is awaiting a hearing before the 9th Circuit Court of Appeals.

See: Morris v. U.S. Army Corps of Engineers, 60 F. Supp. 3d 1120 (D. Idaho 2014)


There are over 20,000 state, federal and municipal gun laws in America.

To learn more:

Sign up for a Legal Heat training course:


“Over 100 Locations Nationwide”














Posted By Alonzo Green

Las Vegas Shooting – Are You Prepared for an Active Shooter?

Tuesday, October 3, 2017 8:42:42 PM America/New_York

Las Vegas Active Shooter Incident

                                                                 Photo credit ABC News

Senseless tragedies like the recent incident in Las Vegas are horrifying in their very nature. The team at Legal Heat wants to convey our deepest sympathies to all parties affected. We hope for a speedy recovery for the wounded and strength for the families of the fallen in this time of mourning.

We at Legal Heat we are fortunate to have a cadre of professional firearms instructors that include many talented individuals.  Several of our instructors have experience and skills acquired through service in law enforcement, and the military, that give them a unique perspective on how to respond to some of life’s most difficult circumstances.

We asked Legal Heat Instructor Larry McVay about his perspective on what “civilians” can do to prepare themselves, their friends and their families should they find themselves in an active shooter situation, like the recent tragedy in Las Vegas.

Larry is a freshly retired FBI special agent who has deep expertise leading FBI SWAT teams as well as training SWAT teams all over the country to respond to Active Shooter incidents we felt Larry could offer some unique insight. In addition to the aforementioned credentials, Larry also completed the rigorous operator selection program for the FBI’s national tactical counter-terrorism team serving on the Hostage Rescue Team (HRT) as a tactical helicopter pilot. Larry has served overseas, both in the US Army  (Airborne, Air Assault, Pathfinder, Ranger) as well as managing close security and executive protection operations for the U.S. Attorney General (AG). Larry was responsible for the AG’s travel security locally, nationally and globally, to include forty different countries and two combat theaters.

Given Larry’s unique qualifications, we wanted to know how he thought someone might best prepare should the unthinkable happen. Please understand this is not meant to critique, or armchair quarterback, any of the victims of the tragic events in Las Vegas. Our intent is simply to learn what we can from past tragedies, so that we can help avoid similar tragedies in the future.

Retired FBI Special Agent Larry McVay’s thoughts on Las Vegas/Active Shooter Incident, 10/01/2017.


Too often people will “turn off” mentally when going out into the public for a music concert, sporting event, church or even something as innocuous as an amusement park.  For the “legally armed citizen” this should never happen, even if going to a venue that does not allow for concealed carry of a firearm.

Terrorists as well as active shooters/murderers are naturally drawn to venues that have a large gathering of people in a congested and confined area.  Many of these types of venues will have erected barriers to contain the population/audience that in turn also hamper first responders attempting to get into the venue to stop the killing and prevent the dying.


One of the biggest problems that people encounter, particularly those untrained or “unseasoned” individuals is recognizing an active shooter event in progress.  The sensors of the body may become aware of something not right, but the mind will try and categorize the inputs as something that is familiar.  In the recent Las Vegas shooting, many people in the kill zone wanted to believe the gunshots they were hearing were only the sounds of fireworks.  It could also be that many people just simply did not hear the gunshots because of the volume of sound coming from the performers on stage and the crowd’s response to the music.  In any event, at the first inkling of “something’s not right” phase, it is imperative that people do at least the following three things: Recognize, Believe and React.

1)    Recognize the sound of gunfire for what it is.  Do not try and convince yourself otherwise or “justify” the sound away.  Most   people live in denial when confronted with a life or death situation.  Don’t be that person.

2)    Once recognized, the mind must immediately believe and accept the danger that comes with gunfire.  The time for deliberation is over and should be minimized through deeds.

3)    React!  Take immediate, preplanned (but not panicked) action.  “Be decisively deliberate!”


It is paramount to anyone wanting to prepare for this type of tragic event to know where the closest exits are located at any given venue.  Give yourself multiple options by finding several different exits and filing them away in your mind.  This goes for any venue you may find yourself in – restaurant, shopping mall, bar, stadium, etc…  Keep in mind that almost everyone will remember the main entrance to a venue. After all, they just came through it. Most will instinctively want to run for that entrance because of its familiarity and known location.  Resist that temptation and opt for an alternate exit that you have previously scouted. If possible, keep obstacles between yourself and the herd.  Aside from an active shooter, one of the biggest dangers in a crowd is the crowd itself.  The herd mentality of a panicked crowd can be as dangerous as an active shooter or a fire emergency.  Know the difference between cover and concealment and, if possible, use either to assist your movement to an exit. Cover is a substantial object that will stop a projectile and hide your presence. A brick wall provides cover.  Concealment is an object that obscures you from view, but will not stop a projectile. A tent, or a bush provide concealment, but not cover.

If the option presents for choosing a location within a venue, choose to be near an exit or preferably, two or more exits thus opening up more options for escape.  While it is true that an active shooter can use an exit to gain entry, time and time again it is shown that active shooters generally walk right through the front door.

Choose designated meeting places for both inside and outside of a venue for your group in case of separation during an emergency.  This will help with accountability post-incident and can speed up the process of getting away from the threat.  The last thing someone should be thinking about is going back into a kill zone to attempt to locate a lost child or spouse.

If armed, avoid the temptation to “go hunting” for an armed shooter.  Remember, as a civilian, your role should be to take care of family and yourself.  If you can assist others along the way while escaping, do so.

Lastly, it should be obvious that while everyone enjoys a good time at a concert or other entertainment venue, limit the intake of alcohol such that you don’t reduce your capacity to respond appropriately during an emergency.


Some items for consideration to help you survive during an active shooter event in any type of venue are:

1)    A small but powerful flashlight – better yet, have multiples of the same spread out through your group.

2)    A small individual first aid kit (IFAK) containing the bare essentials for traumatic wounds.  A tourniquet and a pressure dressing bandage will go a long way towards saving a life and they can take up very little space.  Another consideration to have along is a gauze roll and perhaps some quick clotting material. Keep in mind that overall, this is a very small package that can easily be tossed into a purse, back pocket, or even some purpose built holsters that one can wear at one’s ankle.  Anyone rocking a CCW (even if they are not allowed to carry their firearm at a venue) should maintain such an IFAK.  If you are justified and responsible enough to make holes in someone to stop the killing, you should be equally responsible enough to plug holes as well to stop the dying.  Have additional first aid equipment in your vehicle. The most important “accessory” to have along, medically speaking, is the training to go with those medical supplies.

 3)    It’s a great idea to go into any venue with a fully charged cell phone and extra sets of vehicle keys for each adult in the vehicle.  If there is the possibility of escape, instinct will draw you to your vehicle as a means of escape.  Have keys.  Better yet, have multiple keys.  If someone in your group sustained an injury and you can evacuate them quickly, do so.  Don’t wait for EMS as they may be overwhelmed by a mass casualty event.

4)    Know where the nearest hospitals with a Level 1 or Level 2 emergency room are located.  Pre-program them into your GPS and have a good idea of the general direction they are in from the venue site.  As a back up to your GPS, it is also wise to have a city map when in an unfamiliar territory with the venue site and nearby hospitals located and identified on the map.  This is an especially good idea if you happen to be attending a venue that is located outside your normal stomping grounds.

All of these preparations are not time consuming nor are all these that are listed meant to be all encompassing.  Most of this planning is normal, or should be normal, in everyday life.  The bottom line is that any plan is better than no plan. Once you put a plan in place, it is easy to modify your existing plan to a new venue.

Stay Legal. Stay Safe!


Posted By legalheat legalheat

Are You Liable for a Passthrough or Missed Shot?

Saturday, June 17, 2017 4:40:25 PM America/New_York

The Question:

Imagine you are walking down the street late at night when suddenly a criminal violently attacks you with a knife. Fearing for your life you draw your weapon and fire 3 quick shots, stopping the threat and saving your life. Once the threat is neutralized, however, you realize one of your shots missed your intended target and struck an innocent bystander in the leg, causing him severe harm. Assuming you are otherwise justified in defending yourself, can the innocent bystander sue you? Will you lose that lawsuit?

The Answer:

No. The lawsuit against you will be dismissed and will need to be brought against the attacker with the knife. You are free from liability under the doctrine of transferred intent.

The Background:

I have spent the last ten years teaching and training concealed permit instructors in nearly 30 different states. Our company has certified roughly 150,000 people to obtain concealed permits at this point. During the past decade I have had the privilege to sit through hundreds of very well taught courses, and a few very poorly taught courses. There are, however, some unsubstantiated (untrue) myths that seem to be virtually ubiquitous among concealed carry courses. Today I hope to dispel one such myth.

A course I recently sat through prompted me to write this article. While teaching the self-defense section of the course the instructor said:

Understand that if you pull the trigger on your gun you are liable for every bullet. If one round passes through or misses and hits an innocent bystander, or 5, you can, and will be sued. You will be paying those bystanders for the rest of your life.

Please don't misinterpret my intent in this article. Obviously the four basic gun safety rules should always apply and you should always know your target and what is beyond. This instructor, however, was incorrect in stating the shooter will be held civilly liable if he strikes an innocent bystander during an otherwise justified shoot, and it is important to understand why.

The simple reason is that the shooter (self-defense actor) was not the proximate cause of the harm to the innocent bystander. Although that may seem counter intuitive to say (given he was the one who actually fired the gun), it was in fact the attacker with the knife who caused the bystander harm.

In the legal world this is called the doctrine of transferred intent. It has been recited in numerous cases (see State v. Green, 157 W. Va. 1031, 1034, 206 S.E.2d 923, 926 (1974)) and is summarized by American Jurisprudence, Second Edition, as follows:

If the circumstances are such that they would excuse the killing of an assailant in self-defense, the emergency will be held to excuse the [victim] from culpability, if in attempting to defend himself he unintentionally kills or injures a third person& Although the assailant may have had no intention to harm the third person in the course of his or her defense, in order to escape culpability, the assailant must have been free from negligence and must have acted prudently and with due care.

40 Am. Jur. 2d Homicide § 143

Perhaps even more clear is the Restatement (Second) of Torts (think Bible of civil lawsuits), which provides the following example:

A points a pistol at B, threatening to shoot him. B attempts to shoot A, but his bullet goes astray and strikes C, an innocent bystander. B is not liable to C unless, taking into account the exigency in which As act placed B, B fired his self-defensive shot in a manner unnecessarily dangerous to C.

Restatement (Second) of Torts § 75 (1965)

It is obviously not our intent to encourage recklessness, or anything less than the utmost possible care when acting in self-defense. However, it is important to understand the legal principles that guide self-defense cases and dispel some of the commonly perpetuated myths. No one wants to hit an innocent bystander when acting in self-defense, but it happens.

At Legal Heat our goal is to train our students for any danger they may encounter, both in the real world and the courtroom. Properly understanding how theories of civil liability work is one part of that training.

Phil Nelsen is a nationally recognized firearms law attorney, expert witness, college professor, author and co-founder of Legal Heat, the nation's largest firearms training firm.

Legal Heat offers CCW classes nationwide, and also publishes the industry leading Legal Heat 50 State Guide to Firearm Laws and Regulations which can downloaded on iTunes, GooglePlay and Kindle App stores. You can purchase the paperback version of the Legal Heat 50 State Guide or sign up for a class at https://mylegalheat.com

Posted By Phil Nelsen

Concealed Permits for 18-Year-Olds? Utah Says Yes!

Monday, April 24, 2017 9:36:27 AM America/New_York

Effective May 9th, Utah will begin issuing “provisional” concealed firearm permits to anyone age 18-20 years old. The new law will require that those seeking a provisional permit complete the same training as the standard Utah permit, and will enable permit holders to carry a concealed (or open) firearm everywhere in Utah where a standard permit does, with the singular exception of K-12 schools.

Utah_border_signNon-Utah residents aged 18-20 may also obtain the Utah permit, however the rules for obtaining a non-resident provisional permit are not as straight forward.

First, if the non-resident lives in a state that honors (or reciprocates) with Utah’s provisional permit, they must first have their home state permit prior to applying for the new Utah provisional permit. This is no problem for anyone living in states like Montana or Maine (which also issue permits to 18 year olds), but creates a significant problem for those living in states where the minimum age to obtain a permit is 21.

Second, if the non-resident lives in a state that does not honor Utah’s provisional permit (like California or Illinois) then anyone age 18-20 years old may simply apply for Utah’s provisional permit once they have completed the mandatory training class (even without obtaining their home state permit first). Naturally, a non-Utah resident must verify they are complying with their home state’s laws prior to attempting to use the provisional permit to carry.

All provisional permits can be automatically converted to standard Utah permits when the permit holders turns 21, without any additional training.

This is a big win for college age students wishing to defend themselves, according to the law’s sponsor Rep. Karianne Lisonbee.

“Twenty to 25 percent of our college-aged women over the course of a typical undergraduate career will be victim to a completed or attempted forcible rape,” said Sen. Todd Weiler, R-Woods Cross, the bill’s Senate sponsor. “A group of 18- to 20-year-old women brought this bill idea to Rep. Lisonbee. They wanted to be able to defend themselves.”

Utah is not alone in issuing permits to 18 year olds, several states have been doing it for years. In fact, many 18 year olds, myself included, have taken advantage of the “Maine Loophole”, wherein they obtain a Maine non-resident permit as an 18 year old and use that permit to carry in their home state even though their home state does not issue permits to anyone under 21. This “loophole” only works, however, if your home state (Utah in my case) honors the Maine permit and does not have a law requiring you to have your home state permit or a minimum age requirement to carry. As Utah’s permit is one of the most popular in the nation, it can be assumed many 18 year olds will be signing up for training and sending off applications shortly.

For those looking for training, an 18 year old may take a training course any time after April 1, 2017 and may submit their application anytime after May 9, 2017. The cost to apply for Utah’s permit is $37 for Utah residents, and $47 for non-residents. The permit is valid for 5 years and requires a simple $15 renewal fee. Additionally, the state of Utah has published a FAQ page regarding the provisional permit you can review here.

Phil Nelsen is a nationally recognized firearms law attorney, expert witness, college professor, author and co-founder of Legal Heat, the nation’s largest firearms training firm.

Legal Heat offers CCW classes nationwide, and also publishes the industry leading Legal Heat: 50 State Guide to Firearm Laws and Regulations which can downloaded on iTunes, GooglePlay and Kindle App stores. You can purchase the paperback version of the Legal Heat 50 State Guide or sign up for a class at https://mylegalheat.com

Posted By Phillip Nelsen

Concealed Carry Reciprocity Act of 2017. The Good & the Bad.

Friday, March 17, 2017 5:14:40 PM America/New_York

2nd-amendment-cartoonHave you heard there is new federal legislation that will allow someone with a concealed carry permit from one state to carry in all 50 states? Sounds awesome right? Might not be as awesome as you think. The purpose of this article is to dispel some of the myths associated with this proposed legislation and give an update on its status.

The Concealed Carry Reciprocity Act of 2017 is a new iteration of a law that has been proposed several times over the past 6 years. In its most recent form it was introduced on January 03, 2017 by U.S. Representative Richard Hudson (NC-08). The NRA and other gun rights organizations have been outspoken in their support of this legislation. Largely due to the social media buzz surrounding it, many people in our classes are misinformed on many aspects of this potential law (many people we speak with believe it is already a law, which is dangerous). We have received hundreds of emails and phone calls from past students asking about the “new law” and the amount of misinformation we’ve heard is alarming to us. Don’t get me wrong, we love hearing from past students and we are always flattered when you reach out to us for advice, but there are some legitimate misunderstandings out there about the Concealed Carry Reciprocity Act, and we want to help clarify a few important points.

Many people we speak with believe this legislation would make it so one permit would be valid in all 50 states, like a driver’s license. In fact Congressman Hudson’s own website says the following regarding the law:

“Your driver’s license works in every state, so why doesn’t your concealed carry permit?” (source)

That is absolutely not what this law will do, however, and it is important to understand what the law actually says.

The Concealed Carry Reciprocity Act of 2017 is intended to “amend title 18, United States Code, to provide a means by which non- residents of a State whose residents may carry concealed firearms may also do so in the State.”

Subsection (a) says that anyone who (1) is not prohibited from possessing a gun under federal law AND (2) has a valid identification document containing a photograph in their possession AND (3) has a valid state issued license to carry a concealed handgun (from any state) may carry a concealed handgun in any state. 

AWESOME RIGHT?!? As long as I have a photo ID & concealed permit then I’ll be able to carry in any state, what’s wrong with that???

The problem is the text of the proposed law doesn’t stop there. If it did, I would agree it would be a great law. Instead it goes on to create two very distinct problems.

1: A permit holder would only be able to carry in a state that, “has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms” OR “does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.”

  • The problem with the above text is that  it provides a strong incentive for restrictive states (like Maryland, New Jersey, Hawaii, New York & California) to prohibit concealed carry altogether. Think about it, when faced with the following two choices, do you think that New Jersey and California (who are historically very restrictive in issuing concealed permits) are going to (1) open the floodgates to every freedom loving American to carry a gun, OR  (2) simply prohibit concealed carry altogether, thus exempting themselves from the National Concealed Carry Reciprocity Act. If this law passes, reasonable minds could agree we would see at least the following states take steps to completely prohibit concealed carry: California, New Jersey, New York, Maryland, Hawaii, Delaware, Massachusetts, and Connecticut. In sum, we would see a regression in the amount of states that allow concealed carry. Naturally residents of those states could then take their case to the courts and hopefully we would see the state and federal courts rule favorably in some of those jurisdictions, but sadly as we’ve seen over the past few years, that is far from a sure bet.

2: “The possession or carrying of a concealed hand-gun in a State under this section shall be subject to the same conditions and limitations … imposed by…State law or the law of a political subdivision of a State”

  • What this means is that those middle-of-the-road states (like Oregon, Washington, Illinois and South Carolina) which likely won’t decide to eliminate concealed carry altogether, but also don’t necessarily want millions of visitors carrying guns in their state, will likely make it SUBSTANTIALLY more difficult to carry a gun in their state. States like Oregon and Illinois (among others) have historically been very opposed to granting non-resident carry rights within their state. Instead of suddenly opening the doors for everyone to carry, we will likely see state legislatures tightening the areas within the state where you are allowed to carry through increased prohibited areas. Advancements that took years to accomplish could potentially vanish overnight due to an overly paranoid media frenzy.

There are some positives to this law. I like that concealed carry is being discussed on a national stage and I am glad it is making people more cognizant of the very complicated patchwork of gun laws we have in America. However, I think this legislation is badly in need of refinement if it is to accomplish what we all want it to accomplish. To me, a much better option would be to pursue a judicial remedy for the right to bear arms much like the NRA and the SAF achieved for the right to keep arms (click here for a summary of the difference). However, if we are going to attack this issue through legislation it needs to be done properly. As most are aware, Legal Heat is the largest provider of concealed carry training in America, having certified over 150,000 people to obtain concealed carry permits. We are also the publishers of a 50 state gun law book & app that is used by hundreds of thousands of gun owners to navigate gun laws in all 50 states. The attorneys at Legal Heat have also worked on several pieces of concealed carry legislation and would be more than happy to act in an advisory role for Congressman Hudson or anyone else involved in this legislation. We want this law to pass, we just want it to be amended slightly before passing.

Having said all of that, what is the status of this legislation? It is currently sitting in the House awaiting review by a committee and a floor vote. If it clears the House then it will be sent to the Senate for joint resolution before being sent to the President’s desk. President Trump has been fairly outspoken about his willingness to sign a law of this nature. For the first time in our history the question before us now is not IF we can pass nationwide reciprocity legislation, but instead HOW such a law should be strategically handled. We are in an exciting time for American gun rights. Legal Heat is very excited about the potential to see quick and decisive progress in the fight for the individual right to keep and bear arms.We will continue to stand on the front lines of this issue by training tens of thousands of Americans each year. If you are interested in attending a training class click here to find a course in your area. 

For updates on this proposed legislation and any other gun related issues please follow us on Facebook.

About the Author: Phillip Nelsen is a co-founder of Legal Heat, a nationally recognized firearm law attorney, college professor and author.

Posted By Phillip Nelsen

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