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.”
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.