I bet you’ve never seen a dog read his rights before the police questioned him, though.

I bet you’ve never seen a dog Mirandized before???? pic.twitter.com/Zx7wexGoUB

— no context memes (@weirddalle) September 22, 2024

Minrande Right Include

• Right to Remain Silent: “You have the right to remain silent.”
• Anything You Say Can Be Used Against You: “Anything you say can and will be used against you in a court of law.”
• Right to an Attorney: “You have the right to an attorney.”
• Appointment of an Attorney if You Cannot Afford One: “If you cannot afford an attorney, one will be appointed for you.”

The warning is to ensure that whatever you say is voluntary, protecting your Fifth Amendment right against self-incrimination and your Sixth Amendment right to an attorney.

I bet for a dog treat, he would have given in and talked.

What is the 5th Amendment?

The 5th Amendment is part of the Bill of Rights, a collection of the first ten amendments to the Constitution. It protects you from self-incrimination, meaning you don’t have to say anything that could get you into legal trouble.

In simpler terms, no one can force you to testify against yourself. When interacting with law enforcement, this is a big deal because what you say can and will be used against you in court. By staying silent, you’re protecting yourself from unintentionally giving information that might be misunderstood or twisted.

Origin of the Miranda Warning

Miranda rights stem from Miranda v. Arizona, a 1966 U.S. Supreme Court case. Law enforcement officers arrested Ernesto Miranda and charged him with kidnapping and rape. After hours of interrogation, Miranda confessed, but the police did not inform him of his right to remain silent or to an attorney. Initially, the courts upheld his conviction, but upon appeal, the Supreme Court ruled that his statements to the police could not be used as evidence against him because they had not informed him of his rights.

When Should You Use Your Right to Remain Silent?

Many people feel the urge to explain themselves or talk their way out of a situation. It’s natural! But sometimes, the more you talk, the more complicated things get.

For example, imagine you’re carrying a firearm legally, but you get pulled over for a traffic violation. The officer might ask you questions about your gun. Now, while you should comply with legal requirements to disclose your firearm, but you’re uncertain about why he pulled you over, it’s okay to invoke your right to remain silent politely. Simply say something like, “I’m going to remain silent and would like to speak to my attorney.”

Don’t be rude or confrontational; instead, be respectful. It’s about protecting your legal rights, not avoiding responsibility.

Why Is the Right to Remain Silent So Important?

This right isn’t about hiding anything or “acting guilty.” Under stress, we all make mistakes, and it’s easy to misstate facts or say things out of order.

Imagine being in a high-pressure situation where the police ask rapid-fire questions. You might not remember every detail clearly, but if you answer incorrectly, even by accident, it can lead to trouble. The 5th Amendment allows you to avoid that risk by staying quiet until you’ve had time to think clearly and talk with an attorney.

How Does This Apply to Firearm Owners?

If you’re ever involved in a self-defense incident, adrenaline and stress can cause you to speak without thinking. That’s why I always tell people: if you’re ever involved in a shooting, talk as little as possible at the scene. Cooperate with law enforcement by identifying yourself and stating you were defending yourself. Make sure they are aware of any evidence that may benefit you later, like someone who recorded what happened, but that is it for now. This can make an enormous difference in how things play out legally for you.

How to Invoke Your Right to Remain Silent

It’s easy to invoke your 5th Amendment rights. You simply need to state that you want to remain silent and consult an attorney. Something as simple as “I want to speak with my lawyer before I answer questions” will work. Once you do that, law enforcement must stop questioning you until you have legal counsel present.

Your 5th Amendment right to remain silent. Miranda rights are one of the most important tools for protecting yourself, especially as a responsible gun owner. It’s not about avoiding accountability; it’s about ensuring you’re treated fairly and legally. Remember, in high-stress situations, the less you say, the better.

Always be polite, comply with the law, and know when to stop talking. You have the right to protect yourself, both physically and legally.

Requirements for Obtaining a FOID Card:

• Age: Applicants must be at least 21 years old.
• Background Check: The Illinois State Police will check against the National Instant Criminal Background Check System (NICS). Disqualifications include felony convictions, certain misdemeanors, or being subject to an order of protection.
• Application Process: You must submit fingerprints via an online or paper application. A FOID card costs $10 and is valid for ten years.
• Renewal: Since January 1, 2022, a FOID card is typically valid for ten years. If you’ve submitted fingerprints, there’s an automatic renewal process, simplifying the renewal by extending your card’s validity upon a firearm transaction if your background check remains clear. If you don’t buy a firearm, you must renew online. However, the card has no expiration date printed on it, so you’ll need to watch the website to find out when your renewal is due.
• Non-Resident Exemption: An interesting aspect is that non-Illinois residents with a valid firearm permit from their state are exempt from needing a FOID card in Illinois.

Can you carry a gun in Illinois with a FOID card?

You can not carry a gun in Illinois with just a FOID. You must take a 16-hour class and then apply for a concealed carry license (CCL).

“(430 ILCS 65/2) (from Ch. 38, par. 83-2)
(a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner’s Identification Card previously issued in his or her name by the Illinois State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner’s Identification Card ……”

FOID Legal Implications and Controversies:

The FOID card requirement has faced legal challenges, with arguments over its infringement on Second Amendment rights. Possessing a firearm or even ammunition without a valid FOID card in Illinois can lead to criminal charges, and most firearm owners argue it’s an unnecessary burden on law-abiding citizens.

The FOID card is unique to Illinois law. An Illinois Circuit Court Judge ruled that the requirement for possessing a Firearm Owner’s Identification Card to possess a gun in the home is unconstitutional, but for now, the state has not changed the law to comply.

In a constitutional carry state, you do not need any training or a permit to carry a firearm. The researchers claimed to have used “advanced statistical modeling” to support their claim.

The study looked at 34 states that made it easier to carry a gun between 1980 and 2019 and compared them to “predicted” crime rates using data from “may issue” states.

Professor Cassandra Crifasi said, “If you graph all of the states in the U.S. by their rate of gun death from the highest to the lowest, a very clear pattern emerges.”

Several factors make this study inaccurate, but let’s look at the one that jumped out first. If you sort the data differently, you will get a different result.

The researchers used “advanced statistical modeling,” but @AHistory pointed out on X that ten of the fifteen states with the lowest homicide rates are constitutional carry. These states have some of the least restrictive gun laws since they are constitutional carry states.

Here are fifteen of the safest states based on factual homicide data, not “predicted” crime rates.

The researchers used the same old talking points that don’t hold up under scrutiny. “When states made it easier for potentially untrained gun owners to carry their weapons in public, assaults with guns increased.”

Part of that can’t be backed up with reliable data because what do they consider assaults?

“While the Supreme Court’s Bruen decision is forcing some states to weaken their concealed carry permitting systems, this study shows that states can reduce the expected increase in gun assault rates by including training requirements.”

This video from @wethepewple tries to explain the confusion since the gun control groups seem to be using fussy math.

Stricter concealed carry = safer? ?

S/o to @2aHistory for always dropping that ? data on schooling peeps on x?? pic.twitter.com/pOoAAwv3Jp

— #wethepewple (@we_the_pewple) December 4, 2023

Bloomberg Professor Daniel Webster said, “This study shows that making the concealed carry permitting process more rigorous can have a major impact on public safety.”

Since you do not need a permit to “constitutional carry,” the evidence doesn’t seem to support the idea that “more rigorous” training will impact “public safety.”

In many states, you will have to go through a process to carry a firearm and then get your license permit, etc., depending on what your state calls it, to legally have a gun on you and exercise your Second Amendment right.

In Arizona, it’s a CWP, in Texas it’s an LTC, and in California, it’s a CCW.

List of Constitutional Carry States

Some states allow constitutional carry, and as long as you can legally own a gun, you can carry. As of 2023, the following states allow constitutional carry: Alabama, Alaska, Arizona, Arkansas, Florida (concealed carry only), Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota (concealed carry only), Ohio, Oklahoma, South Dakota, Tennessee (handguns only), Texas, Utah, Vermont, West Virginia, and Wyoming.

In a few states, you have to have permission just to have a gun or ammunition at home, like Illinois, with their Firearm Owners Identification (FOID) card requirements. After that, you can apply for a concealed carry license. Places like Hawaii, California, and New York make it extremely difficult to get a permit. As you can see, it gets confusing.

What Do Concealed Carry License Abbreviations Stand For

As you can see, the name of the piece of paper permitting you to carry a gun isn’t short, and the concealed carry license terminology is confusing.

• CCL – Concealed Carry License
• CCW — Concealed Carry Weapon
• LTC — License to Carry
• CHP — Concealed Handgun Permit
• CCP — Concealed Carry Pistol
• CCP — Concealed Carry Permit
• LTCF — License to Carry Firearm
• CWP — Concealed Weapons Permit
• CHL — Concealed Handgun License
• CPL — Concealed Pistol License

You May Need a License to Carry Weapons Besides Guns

Not only does this term include handguns, but it may also include other types of weapons, like knives or non-lethal weapons like pepper spray. Applicants need to know precisely what the term means in their own jurisdiction, and if traveling to different states, make sure you understand how the laws work. When another state recognizes your permit, they call it reciprocity.

Understanding concealed carry license abbreviations like CCL, CHL, CWP, CCW, and LTC is important because whenever you read articles, they refer to them differently and sometimes incorrectly. Knowing what they refer to will help you carry legally and clarify concealed carry laws and the requirements tied to the license.

And people say the police don’t have a sense of humor. The guy’s girlfriend doesn’t believe he got pulled over, and the officer let him Facetime her.

The person being searched is calm and polite, and so are the cops.

We live in a backward world, and the cop has some good advice: “Slow it down and pay attention.” On top of that, he gives the guy a pass on the red right light.

That’s how it’s supposed to work—not take off like a rabbit running down the road.

Give respect, get respect, and hopefully make some friends along the way.

It’s not just when dealing with law enforcement; it applies to everything in life. If you carry a firearm, ensure you know the law in each state and the required requirements for transporting a firearm across state lines. When other states recognize your concealed carry permit (CCP), it is called reciprocity. In some states, you must notify law enforcement if asked that you are carrying.

If you don’t have a concealed carry license (CCL), your gun typically needs to be in a container out of reach of the occupant in some place, like a trunk. Illinois, though, will allow you to have a firearm if it is unloaded and in a glove compartment.

You can research the “duty to inform laws.” USA Carry has an interactive map where you can put the state you live in, and it will show you which states have reciprocity along with state laws.

Stay safe, and don’t get pulled over.

How Many AR-15s Are in The United States

The National Shooting Sports Foundation (NSSF) estimated that there are over 24 million Modern Sporting Rifles (MSR) in the United States, which include AR and AK-style rifles. Some estimates have the overall number of firearms in the US, including handguns, at over 400 million.

Why is an AR-15 a Popular Gun?

The AR-15 is a popular choice among everyday gun owners for various purposes, including sporting events, home defense, and recreational shooting.

The AR-15 is a modular design, and because of that, you can customize and upgrade parts easily. The flexibility to personalize the rifle to suit the needs of each shooter is a big reason for its widespread popularity. You can use the same base gun for sports shooting, competitions, and personal protection.

How Common is an AR-15?

The Washington Post did a survey at the end of 2022 and estimated that 31% of adults own a firearm; out of that, 20% owned an AR-15-style rifle. That’s 6% of the adult population.

“The data suggests that, with a US population of 260.8 million adults, about 16 million Americans own an AR-15.”

The AR-15 accounted for only 1.2% of all sales in 1990 but jumped to 23.4% in 2020.

Thanks for showing how popular they are, Po. Protected arms https://t.co/pjDEVn7o6b pic.twitter.com/j8UyL6c4DD

— President Non_Fudd (@Non_Fudd) November 14, 2023

In Common Use

Recently, the term “in common use has come up.” The Supreme Court determined that the Second Amendment protects firearms “in common use” by “law-abiding citizens for lawful purposes” in its historic DC v. Heller ruling. The court ruled that if the gun is “in common use,” it is covered under the Second Amendment.

1 in 4 guns sold in America is an AR-15.

1 in 20 Americans owns an AR-15.

10 of the 17 deadliest American mass shootings since 2012 involved AR-15s.

For all of these reasons and more, today’s @WaPo deep-dive on the AR-15 is a must-read. https://t.co/GbdqYpPA19

— John Feinblatt (@JohnFeinblatt) March 27, 2023

In March, the president of Everytown for Gun Safety, John Feinblatt, tweeted, “1 in 4 guns sold in America is an AR-15. 1 in 20 Americans owns an AR-15.” His organization is anti-gun, and you would think his numbers would support the claim that AR’s are not in common use, but they appear to do just the opposite.

If one out of every four guns made is an AR and one in twenty people owns one, it seems common. Its widespread popularity makes it one of the most recognizable and commonly owned rifles worldwide. The AR-15 is arguably the most popular rifle in America.

Red Flag Laws

Red flag laws typically let anyone make a complaint with no check and balance system to ensure the allegations are true. This has the potential to be used for abusive or vindictive reasons. They go into effect without the person being accused knowing or even a criminal act having taken place. After receiving a complaint, a judge may issue a confiscation order, and the police can show up to take away the firearms.

The accused person doesn’t know who made the report and hasn’t met the person making the accusation. Plus, they haven’t necessarily been charged with a crime. The person has to go to court later to show they’re not a threat and deserve to have their Second Amendment rights restored.

Next, they have to ask the court to return their property. This route overlooks several amendments, including the Second, Fourth, Fifth, Sixth, and Fourteenth.

• Second Amendment: the right to keep and bear arms.
• Fourth Amendment: protects people from unreasonable searches and seizures by the government.
• Fifth Amendment: the requirement that the government cannot deprive a person of their freedom or property without going through the court system.
• Sixth Amendment: A person accused of a crime has the right to confront a witness against him or her in a criminal action.
• Fourteenth Amendment: It guarantees “due process of law” before the government may deprive someone of “life, liberty, or property.”

No due process, no facing your accuser, no charges, nothing, just the accusation of being a threat by someone else.

Authorities also put a red flag order into the National Instant Criminal Background Check System (NICS). The federal system is what a licensed gun dealer (FFL) puts the information into when you buy a gun. When you purchase a firearm, you provide your personal information on ATF Form 4473.

Extreme Risk Protection Order

An Extreme Risk Protection Order (ERPO) is the name you will frequently use when someone refers to a court order. An ERPO is what prohibits someone from purchasing or possessing guns and requires the person to surrender any guns they already own or have.

Yellow Flag Laws

The yellow flag laws are a little different. They still see the importance of keeping guns out of the hands of criminals and other dangerous people. However, they do it more constitutionally. Law enforcement can only make the initial complaint.

Anyone can report suspicious activity to authorities, even concerned family members, but only the police can submit the application. The accused person may be placed in protective custody, which is different from arrest because they do not take them to jail. Instead, they are examined at a medical facility. If a medical professional determines a risk of imminent harm, the court issues a temporary confiscation order, or ERPO.

The complainant cannot have guns or other dangerous weapons while the order is in force. The accused next goes to court, where the judge must evaluate if the complaint is a continuing threat. If so, they will lose the legal right to own firearms. They will get his Second Amendment rights back if they are not considered a threat.

New York Complicated Their Background Process In September

As of September, New York bypassed the National Instant Criminal Background Checks (NICS) system and is now the point of contact state, meaning the New York State Police will process firearm applications. The New York State Police will contact the FBI to figure out if someone can not only buy a gun but also if they are allowed to buy ammunition in New York State. This adds another layer of bureaucracy that can complicate matters and could let someone fall through the cracks.

Maine Mass Shooting and the New York State Police

The New York State Police brought Robert Card to the Keller Army Community Hospital at West Point for his medical evaluation. It appears that they didn’t tell anyone at the State Police Bureau of Criminal Investigation, which is the agency usually in charge of handling emergency orders. They could have triggered the New York red flag law at the time.

The State of New York has a twenty-page “Extreme Risk Protection Order Model Policy” that law enforcement can use as a reference.

Senator Susan Collins from Maine said, “It certainly seems that, on the basis of the facts that we have, that the yellow flag should have been triggered. ”

“If, in fact, the suspect was hospitalized for two weeks for mental illness, that should have triggered the yellow flag law, and he should have been separated from his weapons. I’m sure, after the fact, that’s going to be looked at very closely.”

In the case of the mass shooting in Maine, two states were involved, and both may have failed to act under existing laws.

Red flag laws don’t follow due process and overlook rights provided by the US Constitution. Once again, if we don’t enforce the laws on the books, what good will it do to pass more laws?

What Does a Well-Regulated Militia Mean?

As simply as I can explain, “militia” basically means a smaller, lesser, loosely organized, or ad hoc military force. Militias have played crucial roles in American history. In the Battle of New Orleans, War of 1812, the militia played a decisive role in our victory over the British forces.

In post-WWII Athens, GA, citizens armed up, formed up, and put a stop to a corrupt sheriff and politician who attempted to steal the election by confiscating all the ballot boxes. More recently, we saw “militia” deployed in the Bundy Ranch standoff against the Bureau of Land Management (BLM), which was running full tyranny over them. The ranchers won without firing a shot, and despite the government’s efforts to prosecute as many as possible, the participants were acquitted.

In my book, INFRINGED: Assaults on Our Natural and Constitutional Rights, I delve deeply into the history and meaning of militia, far more than I can in this article. In essence, “militia” is every citizen capable of and willing to bear arms to support the regular army to repel an invasion or, in the case of tyranny, to resist the government.

We find this meaning in the quotes and writings of great men such as Tench Coxe, who said, “Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American… The unlimited power of the sword is not in the hands of either the federal or state governments, but where I trust in God, it will ever remain in the hands of the people.”

What Did the Founding Fathers Say About the Militia?

Senator Richard Henry Lee (First Congress) said, “A militia, when properly formed, are in fact the people themselves…and include all men (today, of course, we would include women) capable of bearing arms.”

George Mason similarly said, “I ask who are the militia? They consist now of the whole people, except a few public officers.”

We, the People

As you can plainly see, a militia is literally “we the people.” Many more writings bear this out. Of course, all governments, including our own, fear armed civilians and take measures to ensure government dominion and hegemony. Although space doesn’t allow, a review of the various Militia Acts outlines the government’s takeover of state militias, ultimately resulting in the National Guard.

Check your state laws. Parallel to this is that many, if not all, states have specific laws banning paramilitary training. Would that include communications or TACMED?

You get the point. The fact remains: militia is not an evil thing. It is not sinister. It means we, the people being armed, are crucial to preserving our freedoms!

Every time there is one of these mass shootings, it seems people like me, a firearm owner and Certified Firearms Instructor, are on the defensive to defend themselves. The news tends to want to lump us all into one group, saying, “With no guns, we wouldn’t have this problem.”

That is another problem because the number of firearms is genuinely unknown. The federal government did not even regulate firearms until 1968. The reality is that no one, not even the federal government, knows just how many firearms its citizens own. Then there is that little thing called the Second Amendment, a constitutional right, so you can’t just say forget it and move on. Yes, even we firearm owners have rights, too.

What is the solution?

I think the first thing we need to recognize is that “police” can’t protect us, the average citizen. They cannot predict the future and say that this person or that person is going to commit a crime or that they are going to commit a mass shooting. In the insurance industry, it is called the “Law of Large Numbers,” trying to factor in what could happen, where it could happen, and who is most likely to be involved.

Opinions vs. Facts

From the various news accounts, I have gathered that the media is not trying to figure out the truth but is giving their opinions. Information is missing, and the incident should have been investigated before jumping to conclusions. We might hear about it, but we will probably have already moved on to the next major event, and this will be old news.

Family and Friends Are Victims Too

The family and friends are also victims because they will continue to suffer and wonder what life would have been like. How will this affect them? Will they think about what could have been? The families and friends of those who died may be the only ones left wondering because the media will say little or nothing about it.

Mental Health Is a Challenging Problem

Our once great country is in the midst of many trying and challenging problems, yes, including “gun control.” Is the system perfect? Obviously not, or things like this wouldn’t be happening. One thing that continues to come up repeatedly is the lack of mental health help. We don’t seem to have enough of it, and in some places, there is none at all. The other problem is that we would rather ignore the facts about what is happening because this is our world right now.

Maine has a mental health crisis, not a gun crisis. pic.twitter.com/Fi7pe6zZxy

— Paul Hookem ?? (@PaulHook_em) October 26, 2023

Soft Targets

We are all soft targets living in a dangerous place, and no one is immune. We should be safe at our schools, in places of worship, shopping, and walking down the street. Are we? I don’t think so because if I did, I would find something else to do with my time rather than teach my students how to defend themselves with a firearm.

This gun-free zone in Maine got people killed ⤵️

“We kindly ask that you refrain from bringing firearms in this building and we would appreciate it if you left them in your vehicle. Please keep our atmosphere family-friendly.”https://t.co/sl2XlNqbh6 pic.twitter.com/6dVBFyiVAZ

— Gun Owners of America (@GunOwners) October 27, 2023

FBI Firearm Statistics

Here is a link to the FBI Safety Resources website, something we should all commit to memory and encourage those we love to do the same thing. It gives studied information about who, what, where, when, and how to respond and maybe even prevent a tragic situation.

A Firearm Is Not Evil

This is your life we are talking about; don’t fight fair! The best way to avoid becoming a victim is not to think this could only happen to someone else and somewhere else.

Even though you have read all of this, I am confident that some still consider the “firearm” an “evil tool.” The “firearm” is doing what it is designed to do: shoot. It isn’t the “firearms” fault that an evil person used it. We all share that responsibility by being unprepared and not working to solve this problem. I believe it is something we can do.

Still, it takes a community, a country, and a government that is willing to work together and not point fingers of blame at each other.

My dad always used to say, “It doesn’t take a genius to burn down a barn.” Maybe we all need to quit trying to get our own way and work together to fix the problem rather than start over.