Everytown Decries ‘Open Carry Loophole,’ Calls for Nationwide Ban

(Photo: Everytown for Gun Safety)

Everytown for Gun Safety called for banning open carry nationwide this week as part of its new “Open Carry Loophole” factsheet

Pretty hilarious they way they position this issue in that factsheet.  Attacking a Constitutional right by framing it as a “loophole” that needs to be “addressed.” 

Check it out: 

Gun rights extremists are able to mount these intimidation campaigns because in most states it is legal to open carry loaded firearms at or around state capitol buildings or demonstrations. This is largely due to the absence of state laws prohibiting the open carry of firearms in public, commonly known as the “open carry loophole.” Few state legislatures have addressed the legality of the “open carry loophole” because responsible gun owners have not traditionally openly carried firearms in public.

The right to keep and bear (CARRY!!!) arms shall not be infringed.  It’s written plain as day in the Constitution.  Carrying arms in public, especially openly, is a protected individual right.  The historical and legal literature on this is clear.

Though it’s not known for its pro-gun legal minds, even The Yale Law Journal agrees on this!  Check out Jonathan Meltzer’s rather exhaustive 2014 analysis entitled, “Open Carry for All: Heller and Our Nineteenth-Century Second Amendment.”  

Feel free to read all 42 pages, but the quote from the abstract is telling, “Such a historical examination—guided by the sources, methodology, and logic of Heller—yields two important conclusions: (1) the Second Amendment guarantees a right to carry outside the home, and (2) it guarantees only a right to carry openly.”

SEE ALSO: Taurus Shrinks the G3: Introducing the G3c for Everyday Carry

Yet, Everytown doesn’t see it that way.  They see open carry, particularly open carry of a long gun which is legal in 41 states, as a danger to public safety.  The organization, funded by failed 2020 presidential candidate Michael Bloomberg, is calling for state and local governments to do all of the following: 

  • Prohibit the open carry of firearms in public.
  • Prohibit firearms at demonstrations held on public property.
  • Ensure local officials have the authority to regulate firearms at demonstrations.

With a seemingly straight face, Everytown says, “Regulating open carry does not run afoul of the 1st or 2nd Amendments.”  

It clearly does.  That is not up for dispute.  

Maybe instead of targeting responsible gun owners, Everytown should put more time and effort into curbing violence in urban centers, places where criminals w/ guns kill people every day.

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About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

{ 40 comments… add one }
  • Josh June 22, 2020, 3:58 pm

    So it’s not up for debate on the basis of a single law review article? That is absolutely rich. The fact of the matter is that we don’t have a lot of good holdings from the court defining what the right to “bear arms” means and what scrutiny is applied to potential restrictions on that right.

    A law review has what authority? Oh right, nothing more than persuasive authority. The debate will rage on.

  • Anrae G Godley-Cooper June 22, 2020, 1:03 pm

    I carry both ways, theres pros and cons in both carry methods, how about we all just learn to get along and live and let live, I see way to many so called pro 2A ccw holders bashing open carriers and it’s sad, who made you in charge of what we do, get off your I want to be the grey man high horse, what’s good for you may not be good for me, Blessings to you all and your families.

  • Earl Haehl June 22, 2020, 12:53 pm

    Three constitutional provisions are at play here. Article II of Amendment reads: 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.

    There is a lot of discussion of what constitutes the militia. The accepted definition in 1791 was “the body of citizens capable of bearing arms..” Those anti-federalists who made the Bill of Rights a condition precedeent to ratification did not trust the central government. The argument that the National Guard is the militia was rejected by the Supreme Court in Perpich v United States held that “persons enlisting in a State National Guard unit simultaneously enlist in the National Guard of the United States, a part of the Army.” Therefore the National Guard is subject to federal call up and is not “the militia.”

    The power to ban open carry, if it exists, would fall into what are known as police powers which are no delegated to the United states. This triggers Article X of Amendment which reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This is a definite restriction by people who had just finishe a war with the largest empire the world had known at the time.

    If states choose to regulate brandishing, that is within their power. It becomes incumbent upon us to regulate our people so that what we do is not definable as intimidation. We have a responsibility to do what we can to prevent governmental action.

  • Nicholas June 22, 2020, 12:10 pm

    SCOTUS refused to hear 10 second amendment cases. I am familiar with a few of them as I was asked to write an amicus brief for a couple. For those who don’t know, that requires a lot of work. I will tell you this, I contacted some of the attorney’s numerous times in order to enlighten them as to how their cases failed.
    I’ve stated many times as to why cases after Heller would fail. As a matter of fact I pointed to the program the anti-2nd crowd would use on the day of that opinion. It’s there in black and white for all to see, but we are all mislead by things such as “compelling interest”, “individual right”, and the big one, which is always misquoted, “You can’t yell fire in a crowded theater”. How about the full quote from Justice Holmes and the fact that the petitioners had been involved in subverting one of the few delegated authorities of the congress?
    Even in his dissent, Justice Thomas who is supposedly an originalist fails on the incorrect and constitutionally repugnant notion that no rights are unalienable.
    Long ago, 1939, the S. Ct. told us what the proper suit was for the preservation of all rights. The so-called pro-2nd community not only refuses to use the argument that Justice McReynolds ruled, but they also disparage what is already the means of stopping gun control and revoking all that we are now saddled with.

  • David June 22, 2020, 10:40 am

    You should all stop whining and exercise your 2A rights whether open or cc. I live in Maryland where it is near impossible to get a cc permit unless you’re rich or connected and open carry will get you immediately arrested. Get out there and fight to protect your rights!

  • Mark - IN. June 19, 2020, 7:29 pm

    Personally I think that if there were Open Carry nationwide, reciprocal in every state that there would be far fewer predators, armed or in politics and that our nation wouldn’t be in the sad state that it is. As OUR 2nd Amendment is eroded, so is the fear of politicians of We The People. They have nothing to fear and they know it and as proof I offer that even OUR 1st Amendment is under siege for both speech and religion. As a matter of fact, SCOTUS, specifically John Roberts ruled against freedom of religion (1st Amendment) in favor of the Illinois governor’s direct attack on religion. But I digress. The point is that as OUR 2nd Amendment is eroded and chipped away at, predators of all walks of life are less scared of We The People and are taking advantage of it. Open Carry nationwide would either put an end or a huge dent in that. Put the fear of meeting God or the devil into the lives of predators and stuff will get straightened out. As an example, there is an anti-2nd Amendment member of Congress helping to write bills, laws that believes that having our military troops on the Island Of Guam is going to cause it to tip and flip over. He’s on video saying it for those that don’t believe me. Zealots like that should not be deciding anything for us, but are on both sides of the political aisle. Nationwide Open Carry would and will fix a lot of garbage.

    • etph June 22, 2020, 4:09 am

      That makes too much sense for leftists especially in places like L.A. and most of CA. The democRATs want much of the opposite to occur because it keeps them in power. Who do the sheeple rely on for everything, even their most basic right to life and defense? This is especially true in low-income areas. So by default, democRAT-run cities need their serfs to constantly trust and rely on them. If there isn’t a problem, they’ll create one or allow “opportunities” for them to exist (i.e. crime containment like gangs instead of elimination; and the homeless problem). This is very similar to the power-hungry churches that set up kings and popes that ruled over the masses. The people were powerless and many if not most paid the church “leaders” a fee to have their sins removed. The catholics kings prohibited people from being armed for self defense, very much like the leftists in our country. You can extrapolate this to countries that still have a similar set up south of the border. Many immigrants, legal and illegal, from those countries make up the predominant demographic in many cities throughout CA. The democRATs know where to target them, snatch them up, and add them to their plantation. Many blacks are leaving that plantation, but it’s being filled by other groups.

    • deanbob June 22, 2020, 7:11 am

      The “loophole” (aka second amendment) as Bloomberg’s posse describes it is as intelligent as Hank Johnson’s comment about Guam! He must have something that cause the people of his district to continually re-elect him.

    • FAL Phil June 22, 2020, 10:06 am

      Actually, universal concealed carry would be a better deterrent. Open carry allows miscreants to identify who is carrying and wait for opportunities, whereas, concealed carry removes that certainty and keeps the miscreants guessing as to who is armed and who is not.

      • TLF June 22, 2020, 12:29 pm

        I use an OWB leather holster that locks so near impossible to snatch your sidearm, however I don’t open carry,(waiting on my permit for cc), because all the training I’ve been through teaches that it’s not too good of an idea as a responsible gun owner to do that. We’re in S. Dakota right now ,which is a constitutional carry state. God bless em’!

      • Anrae G Godley-Cooper June 22, 2020, 12:51 pm

        I carry both ways and really dont have an issue how someone exercise their rights, I believe in live and let live, theres pros and cons in both carry methods, hiding is not always an option.

      • MSG John Laigaie July 16, 2021, 10:28 am

        Well Phil, the “you get shot first” thing is a fallacy without anecdotal evidence. The part about seeing a firearm and NOT robbing the place is correct and does have evidence to back it up. My State, along with quite a few others, has “Constitutional Carry”. Not quite “Constitutional” for us because our State Constitution bans concealed carry (with exceptions) and encourages OC. An Armed society is a Polite society.

    • Junkman1231 June 24, 2020, 7:19 am

      If more people carried it would be a better place. Less crimes for the fear of being killed.

      Instead we try and go the opposite direction because of all the liberals. There will always be hatred and criminals in the world. We will NEVER unite everyone as these pacifists are trying to do. There will always be a hierarchy.

      I think people who are ignorant are the ones trying to change these laws because they all say “guns kill people”. They do NOT!!!
      Pens do NOT forge checks
      Forks do NOT make people fat
      Guns DO NOT kill people!

      People kill people and ALL lives matter! Not just black ones!

      But that’s our society. We make martyrs out of convicted criminals only because it makes good press and a racist debacle. We stereotype and make rash judgement before knowing the facts and let the press tell us what they want us to believe.

      Remove the police forces funding. Protest everywhere and create havoc. And then ask to remove guns? HA!!! Good luck!

  • Lawrence Greenberg June 19, 2020, 2:21 pm

    Pretty hilarious they way they position this issue in that factsheet. Attacking a Constitutional right by framing it as a “loophole” that needs to be “addressed.”

    If these people cared about the Constitution, their organization wouldn’t exist.

  • Kevin McCarthy June 19, 2020, 9:44 am

    They did the same thing with your right to sell a firearm to a friend, co-worker, family or ad in the local paper. Called it the ‘Gun Show Loophole’. Never mind FFL dealers make up most tables at gun shows – it was a loophole dammit! Never mind many of us write down the drivers license of most guns we sell – its the Gun Show Loophole we just want to fix (and tough luck if it effects other things). Of course, that is why most of us do not copy and keep that info when selling a gun now. I am pretty sure my kids are going to wake one morning and read how gun groups will be demanding closing the ‘2nd Amendment Loophole’

  • Carl June 19, 2020, 9:26 am

    Thank gawd I moved out of california to utah i can conceal carry or open carry everywhere except bars be safe out there you californians

    • Andrew N. June 19, 2020, 5:31 pm

      The wife and I are headed out for Montana as soon as we sell our house! As a CA Native, it’s extremely sad to see what has happened to this State. What are they going to do when all that’s left is non-taxpayers? Whose going to foot the bills then? Fucking Libtards!

      • Easy Eddie June 20, 2020, 9:45 pm

        You’ll enjoy it. We fled New York a year ago, landing in western SD. It’s a whole different world out here. I also get to chuckle daily, since the ‘local’ weather forecast also includes eastern WY and southeast Montana! Once you get there be sure to tell any liberal friends you might have had that’s it’s an awful place to live and you deeply regret moving there. That should keep them away!

      • MSG John Laigaie July 16, 2021, 10:38 am

        Where away? I live in Montana and there are things you should know. Ninety percent of households here have firearms. Sixty percent of the adult population carries on a regular (as in every day) basis. The average number of firearms owned is twenty seven. Yes my friend the AVERAGE number is twenty seven, I sit on my Town Council and I carry a well holstered 1911 in .45 cal at ALL times. We are one of the States that has “permitless” carry as our State Constitution bans concealing (with exceptions) and supports OCing. Welcome to the Freedom my friend as we are considered the MOST Patriotic State in the Union.
        Stop by Montana Open Carry. (https://mewe.com/p/montanaopencarry)

  • Stuart H Warren June 19, 2020, 7:59 am

    Gun control is like creating a scupture. You start with a huge hunk of stone and use a hammer and chisel to chip off any stone that doesn’t look like your sculpture. If we let these idiots chip away rights, one at a time, with little bites, eventually there will be nothing but stone chips left on the floor, since they don’t really know what they are trying to do.

    • deanbob June 22, 2020, 7:22 am

      What you describe is what progressives have been doing for over 100 years to everything that made the USA great. In fact, their ideas – the FED, the 17th amendment, Margaret Sanger (abortion), taking over the education system (dumbing down America), all the way to taking over the district attorney positions (led to releasing and not charging most of the looters, rioters, assaulters, murders from the last 3 weeks) are all responsible for most loss of morality (chip, ship, chip).

      Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other . John Adams

    • James R Miller June 22, 2020, 8:44 am

      Thank you, Sir. I like that parable even better than the “how to boil a frog” one. I will be using it in the future!

  • Bill June 19, 2020, 7:47 am

    Wow… so process that if you will, these anti American losers claim that if you “legally” carry a loaded firearm you aren’t a responsible citizen… see it’s this level of blatant idiocy that will be their downfall every time, americans just aren’ that stupid.

    • JoeUSooner June 19, 2020, 11:36 am

      At a recent (poorly attended) anti-gun rally in Oklahoma City, I pointed out a certain fact to a member of Moms Demand Action, of which she was previously unaware. “Moms Demand Action” was a fairly famous and financially-successful porn movie in the late 1980s! She was less than amused, especially when I *innocently, of course* asked her which role she played… her resulting response was in a language that the clergy doesn’t know! My wife quickly dragged me away… can’t imagine why.

  • Nick June 19, 2020, 7:05 am

    When SCOTUS says open carry and carry without restriction in all states, then sure, open carry is constitutional. Meanwhile, Heller did not say that. Personally, I think open carrying is stupid as it makes you a target. Might help your ego so you can forget about the fact you have a small dick, but that’s about the only benefit. I’d am perfectly content with cc as I have no desire to tell the world I’m armed.

    • Scott June 19, 2020, 10:14 am

      Nick, in a word; YOU are an IDIOT !!! You are probably the Ass Hat sitting in the restaurant at dinner time spewing expletives in front of women and children as well. You obviously have a tiny dick yourself, your obsession with size bleeds into every corner of your life including your “Gun Debate”. Do Not attempt to force your opinions onto others, many people Open Carry for numerous reasons and they have nothing to do with their Ego or their manhood. If you prefer to Carry Concealed then do so, but do not think for one second that anyone who does not do as you do is wrong. I only carry concealed, that is MY preference but it is not the preference of many and they have a right to live their life their way. Close the Nancy Pelosi play book you have been reading and remember one VERY important thing. Individual rights are first and foremost, nobody else has to do what you do and thankfully think they way you think.

      • Sam June 19, 2020, 10:25 am

        Epic! Well said.

    • Tom B June 19, 2020, 10:31 am

      I agree 100%. These open carry people say they are just using their 2A rights. But they know what they do is intimidate the public and get a confrontation with police. You have a 2A right but you don’t need to stick in the face of others. This is just an ego trip. No different than a gay pride parade. BTW I’m pro 2A, have a CCW and don’t want any more gun laws. Open carry of an AR-15 will not protect the 2A.

      • Understand Tyranny Better Than you June 22, 2020, 4:57 am

        You aren’t pro 2A or you would understand what the words mean. You’re probably one of the lovely people who stand up and say that the 2A is about hunting. Watch Colion Noir. He’s far smarter than you.

        It is obviously the case that you don’t understand tyranny very well. You deserve the large hole that you are digging and will have your body thrown in when the tyrants are done taking all the people you think are “unreasonable”. Yours may be the last body, but who knows, maybe if you turn turncoat enough, you’ll just fit right with the goodthink. 1984 was a warning, not a guidebook.

        • Tom B June 22, 2020, 9:28 am

          Based on your comment you completely missed my point. I’m not going to make this personal and insult your intelligence. I hope you will vote for Trump in 2020 and not just sit back and let the socialist/democrats take over. If they do you’ll lose all your rights and not just the 2A.

    • Chris Mallory June 19, 2020, 11:45 am

      Open carry has been legal and is constitutionally protected in the Commonwealth of Kentucky and has been since we became a state. One of the first 2nd Amendment cases in the US happened in Kentucky in the 1820’s, when the legislature banned concealed carry. That ban was upheld because “only a road bandit or outlaw has cause to conceal his weapon. Honest men bear their weapons openly”. The current Kentucky state constitution says the bearing of weapons shall only be subject to the authority of the legislature to regulate concealed carry of weapons. Currently, no permit is required to carry a weapon either openly or concealed. And in Kentucky it is “weapon”, since the law covers both edged and impact weapons.

      So Nick which are you a road bandit or an outlaw? How long have you been fascinated with the size of other men’s genitals?

      • Tom B June 19, 2020, 2:55 pm

        Hey Chris,

        Our society has changed a lot since the 1820s. No more slavery, women have the right to own property and vote. We have an actual police force to openly carry and enforce the laws. I know you want us to return to the “good old days” but that will not happen. There are now weapons that can obliterate the entire state of Kentucky in the blink of an eye.

        But you’re right that things were better when all the good guys wore white hats and the bad guys wore black. Not about race!

    • Alllens June 19, 2020, 1:14 pm

      Nick, so instead, you prefer to have to get permission from your government to carry your gun. That’s fine, if you are happy with that. Just keep in mind that it also results in there being a government record of your name, address and gun ownership, and that record is available to anyone with enough will or power to request it.

    • etph June 22, 2020, 4:45 am

      Geez, people are arguing about whether open carry is good or not. At least you have the option to do that unlike those of us in anti-freedom counties in states like CA. I’d rather much conceal carry but I’m severely restricted and won’t ever get to do that in the county I’m in unless I 1) “donate” lots of money to the Sheriff, 2) become a famous actor or VIP, or 3) become a retired LEO or fire dept. employee. If open carry was available like it was about 20 years ago but with an unloaded gun, I’d still do that. I can’t afford not to be armed especially during these times and because I’m a caregiver; but I only have less-than-lethal tools😞

    • Big Al 45 June 22, 2020, 11:11 am

      Your lack of respect for others and your use of demeaning references clearly defines you as the “dick”.
      Guess YOUR opinion must be the ‘right’ one.
      So, if a WOMAN wants to open carry, what does that make her, eh Nick?
      Grow up.

  • G Paul June 19, 2020, 5:09 am

    The 2nd Amendment seems pretty clear to me (& most other Americans with at least a third grade education) … For those lacking such clarity, Gadsden should erase an lingering confusion. #DontTreadOnMe

  • Mark N. June 19, 2020, 1:53 am

    It is currently illegal to open carry any firearm in the state of California, with limited exceptions, in any urban area, a law passed precisely because of open carry protests in several large cities. Open carry scares the soccer moms, who would get on the phone with 911, and time after time, the police took the bait and made asses of themselves (because they didn’t like it either.)

    It will be interesting to see what happens in the next few months, as two cases are pending in the Ninth Circuit challenging that law. The cases were held at first due to the Peruta case, that challenged the “may issue” CCW law, and then by the NYSRPA v. NYC case pending in the Supreme Court (until dismissed as moot). One has been stuck for more than five years. The reason these cases ought to be interesting is that the Ninth held in Peruta that there is no 2A right to a carry a concealed weapon, and therefore no right to a concealed weapons permit. This painted the court into a corner: it either has to find that “to bear” guarantees a right to carry in public, and that the only avenue available to carry after Peruta is open carry, or it has to find, contrary to Heller, that the right to bear is the same as the right to keep, and therefore the only right enforceable under the Constitution is a right to carry guns in your home or in nonurban areas where the practice is permitted (eg all of the state and national forests and on private property). Given that the Chief Judge of the Ninth, Sydney Thomas, is rabidly anti-gun, the odds are that he will try to find a way to avoid holding that there is a right to open carry everywhere in the state. And that will set up the next appeal to the Supreme Court.

    • Kerry Jennings June 19, 2020, 10:09 am

      banning Open carry got passed in Cali for one reason at The Time the Back Panthers showed up and carried in the Capitol Building Look it up

      • Tom B June 22, 2020, 5:21 pm

        I looked it up and you’re right! Open carry doesn’t protect the 2A. But voting for Trump 2020 will!

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