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Rights and Restrictions – Part One

I’m a regular over at and I’ve written a lot over there on many subjects. I figured that I put quite a bit of effort into this post, why not put it in my blog where it should fit in very nicely :)

Great discussion here!

I’ve got to agree, but I also think that rights and freedoms need to be more broadly acknowledged and respected in some areas. My personal pet peeve is the Second Amendment and the way I feel it has been eviscerated over the years.

I am an expatriated Californian. I moved to Nevada almost four years ago – October 26, 2004 to be precise. I will not move back if I can at all help it. Their firearms laws are one of the reasons. In fact, they’re probably the biggest reason.

In California, there’s a waiting period and one new handgun a month. Here in Nevada, you can buy a gun and take it home the same day. If you live in Clark County, you have to register handguns (not great, but livable) and your first handgun has a 72 hour waiting period. I purchased my AK-47 at The Gun Store on Tropicana. After an instant (and I mean instant) background check, I handed over my Visa card and walked out with my rifle and two 30 round magazines. The rifle and each of the magazines are a felony to posses in California. I only have one handgun (had to wait for that one), but my next one will be an in and out one stop deal. I might buy two on my next trip. Nevada trusts its citizens.

In California, it’s very difficult to get a concealed carry permit and it’s illegal in most places to carry a gun openly. Nevada has “shall issue” permits for concealed carry – if they can’t find a legal reason you should not be allowed to have a carry permit, they have to give you one. It’s also legal to open carry anywhere in the state.

Switchblades are banned in California and are illegal to transport across state lines for commercial purchases under federal law. They’re not legal to carry in Nevada, but at least you can own them here Smile

And one of my favorite subjects – NFA weapons Twisted Evil These are weapons covered under the National Firearms Act of 1934. These include machineguns, silencers, short barreled rifles, short barreled shotguns, destructive devices, and “any other weapons” which are generally disguised firearms. There are ways to own these in California (actually ways to own anything – you have to have the money and connections), but again Nevada trusts its citizens. As long as you follow the federal law, fill out the Form 4, send in the fingerprints, passport photos, $200 check and all, and you get that transfer tax stamp on your copy of the Form 4 you’re good. You can have a silenced machinegun (yes, I want one but I don’t have $18,000), a mortar, or a fully functional main battle tank.

I know that in quite a bit of this country, many people would die of shock if they knew this to be true. People don’t realize what that Second Amendment means, regardless of what some politician or a group of lawyers in black robes says it means.

A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

Here’s a link to a high resolution scan of the original Bill of Rights:

I’ll let you decide for yourselves. My personal opinion is that it is meant to give the citizenry access to the full complement of military arms and that I should be able to have anything that isn’t classified – like an F-86 with live guns for example. Remember that in the time of the founders the militia was every able-bodied male between a certain set of ages. This is codified in law and has not been repealed, so is still in effect. They were expected to show up if mustered with their own arms and those arms were to be consistent with military arms in common use.

I have no problem discussing any of my lawful activities (not that there are unlawful activities to discuss Wink ) so I have no problem saying that I currently own my Yugo AK-47 (actually an M70AB1 with full wood stock), a Steyr M95, a Swiss K-31, a 1946 Mosin Nagant M44, a 1928 Mosin Nagant 91-30, a Marlin Model 60 .22, and a Hi-Point C9 pistol. I regularly go out in the desert and have fun shooting all of them Cool I will also have no problem using them in the defense of myself or others. I hope to purchase an AR-15 sometime in the near future, too.

There’s something that has always perplexed me about a license to carry concealed. If the “full faith and credit” clause means that every state has to accept every other state’s driver’s licenses, why doesn’t it mean the same thing for all other licenses – like concealed carry :?

If you’ve read this far, thanks! My closing thoughts: Firearms and knives are inanimate objects. They’re tools. I won’t do this because it’s not really responsible or even reasonable, but I could load every one of my guns, chamber a round in each, move the safeties to the fire position and nothing more will happen unless someone puts a few pounds of pressure on a trigger. I could lay every knife in existence on a massive surface and nothing will happen unless someone exerts their will on one. It is the intent and the actions of the user that are important. We hear that we need to ban this gun or that gun or carrying guns because of crime. That’s punishing the law abiding for the actions of the criminals. It’s treating citizens as if we’re third graders who all get their paste taken away because a couple of kids were eating theirs. Sure, these rights have limits. Nobody should be able to threaten another with a weapon without good cause. Nobody should be able to act recklessly with a weapon. We should still be allowed to own them and carry them as is our God given right which is acknowledged in the Constitution of the United States of America.


4 comments to Rights and Restrictions – Part One

  • Actually open carry rights in California are not so bad, thanks to Gov. Schwartzenagger who just vetoed a bill to restrict them further. Basically in California you can open carry pretty much everywhere – but in incorporated areas your open carried handgun must be unloaded – e.g., magazine on belt, not in gun.

  • Thanks for the update there, Mike :)

    I hope things continue to change for the better over in California!

  • New York is not much better than California, I’m afraid (NY isn’t bankrupt yet, but it’s credit rating isn’t the greatest either). You can’t own a handgun in NY. Shotgun might be okay, but handgun no. And good luck trying to carry a pocketknife. I used to carry a Paratool folding knife around (six inch blade, screwdriver both phillips and flathead, wire cutters, pliers, etc. it was a @#$%!! useful tool to have around). No longer, got stopped at the DMV because its considered a federal building (didn’t think of that). Post 9/11 people are WAAAAY too paranoid. The worst part is SOG doesn’t even make the Paratool anymore, guess I’ll have to settle for a leatherman. If I can avoid being arrested for carrying it that it.

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