Including ... Tom Givens on Consistency in Concealed Carry • President’s Message • Thoughts on the Bipartisan Safer Communities Act • Attorney Question • Book Review • Editor's Notebook • About this Journal
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Consistency in Concealed Carry
An Interview with Tom Givens
Interview by Gila Hayes
With summer temperatures, vacations, recreational activities and all the other distractions of life, armed citizens sometimes conclude that carrying their gun 24-7 is too much work, bordering on the impossible. “I will carry it when I think there’s likely more danger,” they say, or, “I will carry a gun when it is convenient.” Network advisory board member Tom Givens has likely heard all the excuses in his decades as a firearms instructor. As a Memphis, TN resident for many years he knew better than most the risks of not having a gun immediately at hand for self defense.
I recently asked Tom Givens if he would share a reminder about the importance of being prepared for unexpected danger, identify pitfalls he has seen trip people up, and offer the benefit of his experience to help new armed citizens overcome the challenges that discourage many. Our conversation follows.
by Marty Hayes, J.D.
We have been waiting on pins and needles for the United States Supreme Court to rule in New York State Rifle & Pistol Association, Inc. v. Bruen. Our wait was rewarded by the commonsense opinion authored by Justice Clarence Thomas and agreed to by five additional justices. The question was not a difficult one to grasp, asking whether the Second Amendment guarantee of the right to “keep and bear arms” means that American citizens truly have the right to keep and bear arms.
At issue was the New York concealed pistol licensing scheme, which allowed the State of New York to deny a permit application unless the person could show just cause why he or she needed a permit. That “just cause” condition was the kicker, because the authorities could decide anything either met or did not meet that threshold. Now, the whole country will be operating under a “shall issue” requirement, meaning that every issuing authority must issue a permit if the applicant meets reasonable criteria for application.
Thoughts on the Bipartisan Safer Communities Act
by Art Joslin, J.D, D.M.A., Director of Legal Services
On June 24, 2022, in the aftermath of the tragic Uvalde, Texas school shooting, the Bipartisan Safer Communities Act (BSCA) became law. On June 25th, Biden was quoted as saying, “This is a monumental day,” as he signed the bill into law. The bill addresses so-called red flag laws (19 states have enacted some type of red flag law), strengthens background checks for citizens 18-21 years of age who wish to buy guns, and provides funding for school mental health services, violence prevention and security.
Much of the concern we are hearing from Network members about this legislation involves red flag laws and resulting due process violations.
Attorney Question of the Month
In our 14-year history, several Network members have gone through deferred prosecution and after several months, their gun rights were restored and records cleared. Because this option is not uniform from one state to another, we are exploring how deferred prosecution and/or deferred judgment works in the various states so that our members are aware of the disadvantages or advantages of this alternative.
With the goal of helping members better understand how the criminal justice system works, we asked our affiliated attorneys to comment on the following:
Does your state offer the option of deferred prosecution or deferred judgment/sentencing?
How does it work? Does the person plead guilty or are charges filed only if they fail to meet the agreement’s conditions? Does the person report to a probation officer? Is the person’s record cleared after an agreed-upon time without any further incidents (of specific concern to Network members, are gun rights restored)?
The American Revolution: A History
By Gordon S. Wood
Random House Publishing Group
$11.49 paperback; $13.99 eBook
Reviewed by Gila Hayes
Most years, before Independence Day’s noisy celebrations, I read a book about the birth of our nation or biographies of the Founders. We need to remember the early Americans, who sacrificed their reputations, financial stability and for some, their lives, in the Revolutionary War. I read a lot of biographies, so this month I chose something more academic, The American Revolution by historian Gordon S. Wood. It gave me a clearer appreciation for our republic and the commitment required to create it. The hardships of the Revolutionary War and tribulations of the decade following independence should inspire us to cherish individual liberties and beware the risks to freedom.
To explain how the American republic came to treasure freedom for individuals, Wood explores why American colonists wanted to shake off English rule. He writes, “In 1763, Great Britain straddled the world with the greatest and richest empire since the fall of Rome.” Although it won the French and Indian War, England’s management was shaky.
You Must Be Able To Stop
by Gila Hayes
I ran across a news story in June that for me emphasized why we train to deescalate, to scale our response to be appropriate to the offense, and disengage from an argument or confrontation as quickly as possible. We do not fire in anger. You have to be able to shut off the emotion because a heated, angry reaction gets us stuck in the non-rational part of the brain.
The news story caught my interest with this lead: “A man acquitted last month on grounds of self-defense in the shooting death of a University of Toledo football player after a fight at a Toledo pizza restaurant nearly two years ago has been sentenced to nine to 12 years for three extra shots he fired.”
About this Journal
The eJournal of the Armed Citizens’ Legal Defense Network, Inc. is published monthly on the Network’s website at http://armedcitizensnetwork.org/our-journal. Content is copyrighted by the Armed Citizens’ Legal Defense Network, Inc.
Do not mistake information presented in this online publication for legal advice; it is not. The Network strives to assure that information published in this journal is both accurate and useful. Reader, it is your responsibility to consult your own attorney to receive professional assurance that this information and your interpretation or understanding of it is accurate, complete and appropriate with respect to your particular situation.