In some cities, police push back against ‘open carry’ gun laws

Steve Thacker with a rifle and a handgun is surrounded by members of the news media in

By Julia Harte

WASHINGTON (Reuters) – Tents, ladders, coolers, canned goods, tennis balls and bicycle locks are banned in the area surrounding the Republican National Convention in Cleveland.

But guns are fine.

When Ohio Governor John Kasich on Sunday rejected the Cleveland police union’s request to ban the open carrying of firearms near the Quicken Loans Arena, he weighed into a national debate pitting city authorities who contend with gun violence against state lawmakers who answer to gun-loving voters.

Law enforcement leaders in several major cities say municipalities should have to the power to suspend open-carry laws when needed to protect public safety. Currently, 15 of the 45 states that allow openly carried handguns give cities power to restrict those laws, according to a Reuters review of state statutes.

In Cleveland, police union head Steve Loomis said he made the request to protect officers following recent fatal shooting of three police officers in Louisiana on Sunday and the killing of five officers in Dallas on July 7. Kasich said he did not have the power to circumvent the state’s open-carry law.

A decade ago, all Ohio municipalities had the power to regulate how guns could be carried. Now, only the state legislature can do it.

In 2006, the state legislature passed a law denying cities the ability to restrict openly carried weapons, overriding the veto of then-Governor Bob Taft. Cleveland sued the state to try to win back that power, but lost in 2010.

Across the country, similar battles are playing out in states where municipal authorities, often backed by police departments, are clashing with state lawmakers over how to regulate the open carrying of firearms.

Dallas’s police chief drew criticism from gun rights advocates for saying open carriers made it more “challenging” for his officers to respond to a shooter who killed five policemen at a demonstration this month.

The debate occasionally transcends political ideology. Some opposition to open-carry gun laws comes from Republican politicians such as former Texas Governor Rick Perry, who said last year that he was not “fond of this open-carry concept.”

Police in Milwaukee, Wisconsin, have been trying and failing to restrict the open carrying of guns for years. The state attorney general argues that citizens have a constitutional right to publicly display weapons, which cannot be overruled by city authorities.

“I wish more of our legislators could see past the ideology,” said Milwaukee Police Chief Edward Flynn. “They have no concern about the impact in urban environments that are already plagued by too many guns and too much violence.”

Flynn attracted gun owners’ ire when he told his officers in 2009 to detain open carriers despite the attorney general’s ruling. Flynn said his department has since “adapted” to the state law.

SAFETY V. RIGHTS

Open-carry advocates say that criminals almost never openly carry firearms. And if law-abiding citizens fail to demonstrate their right to carry guns, they risk losing it, they add.

“We’re sympathetic to law enforcement being concerned about their safety, but that doesn’t mean we give up citizens’ rights just to make it easier to police large events,” said John Pierce, co-founder of national advocacy group OpenCarry.org.

Wisconsin state representative Bob Gannon said he personally is “not a fan” of the practice because it makes people uncomfortable. Still, he said, the right to carry guns in public spaces should be upheld because it is protected by the state constitution.

“The police chief is not an emperor for the state, and he should defer to the state statutes,” he said.

In states where cities can restrict open carry laws, they often have had to defend that right in court.

Colorado passed legislation in 2003 aimed at ensuring a state law on firearms supersedes local ordinances. Denver, the state capital, sued the state to make sure the laws would not affect the city’s longstanding ban on openly carrying firearms.

The city won in 2006 after a 3-3 ruling from the Colorado Supreme Court upheld a lower court ruling in favor of Denver.

“In some parts of rural Colorado, where there’s a lot of critters, some people really like the idea of open carry,” said Dan Montgomery, chief of police of the Denver suburb of Westminster for 25 years before leaving the force in 2010. “Certainly, even in the law enforcement community we have our arch conservatives who strongly believe in it, but for the vast majority of us, it’s problematic.”

Not all cities agree. After a man carrying a rifle opened fire in a Colorado Springs neighborhood last autumn, killing three bystanders, Colorado Springs Mayor John Suthers said he had “no appetite” for tightening the city’s open-carry laws because he did not think such restrictions would improve public safety. Suthers declined to comment for this article.

UNPOPULAR WITH COPS

Little research has been done on the views of open-carry policies among police officers nationwide or even within states, which each regulate guns differently. But studies by two top police organizations in the past year provide some insight.

In Florida and Texas, where open-carry laws were recently debated in the state legislatures, surveys found that a majority of law enforcement leaders opposed them. Open-carry legislation was defeated in Florida but passed in Texas.

In Florida, open-carry advocates will almost certainly try to legalize it again next session, said Bob Gualtieri, chair of the legislative committee of the Florida Sheriffs’ Association, which represents the state’s 67 sheriffs.

The association took a vote on the issue this year and found three quarters of the 62 responding sheriffs opposed open carry.

A 2015 survey of about one-fifth of the police chiefs in Texas also found that three quarters of respondents opposed open carry, according to the state police chiefs’ association, which ran the survey.

The same year, the state legislature passed a law permitting firearm owners with a concealed-carry license to openly carry handguns.

Gualtieri said the Dallas shooting illustrated the way people who openly carry guns can hinder law enforcement responses to active shooter scenarios. Dallas police said up to 30 people were carrying rifles during a protest on the night that a man opened fire on police officers, complicating law enforcement’s attempts to identify the gunman.

“Not a single one of these people carrying firearms out there in Texas caught this guy in what he was doing,” Gualtieri said. “It drained law enforcement resources and subjected citizens to being unnecessarily taken into custody, and I think we should all be very grateful that nobody else got hurt.”

(Additional reporting by Isma’il Kushkush; Editing by Jason Szep and Brian Thevenot)

New Black Panther Party says to carry arms in Cleveland if legal

Demonstrator and member of New Black Panthers Party

By Ned Parker

(Reuters) – The New Black Panther Party, a “black power” movement, will carry firearms for self-defense during demonstrations in Cleveland ahead of next week’s Republican convention if allowed under Ohio law, the group’s chairman said.

The plan by the group could add to security headaches for the Ohio city after last week’s killing of five police officers in Dallas by a U.S. army veteran who had been drawn to black separatist ideology, including on Facebook, before hatching his plan to target white police officers.

Several other groups, including some supporters of presumptive Republican presidential nominee Donald Trump, have said they will carry weapons in Cleveland, leading to concerns about rival groups being armed in close proximity.

“If it is an open state to carry, we will exercise our second amendment rights because there are other groups threatening to be there that are threatening to do harm to us,” Hashim Nzinga, chairman of the New Black Panther Party, told Reuters in an interview.

“If that state allows us to bear arms, the Panthers and the others who can legally bear arms will bear arms.”

Nzinga condemned the Dallas shootings as a “massacre” and said his group played no role in the attack.

Police in Dallas, where Texas’s “open carry” law allows civilians to carry guns in public, said seeing multiple people carrying rifles led them initially to believe they were under attack by multiple shooters.

Officials in Ohio have said it will be legal for protesters to carry weapons at demonstrations outside the convention under that state’s gun laws.

Eric Pucillo, vice president of Ohio Carry Inc., a non-partisan firearms rights, education and advocacy group, said he supports the rights of others to carry firearms close to the convention site.

“As long as they’re abiding by the law, I see no issue with it,” he said.

“VIRULENTLY RACIST”

Nzinga said he expected “a couple hundred” members of the New Black Panther Party to join a black unity rally that is scheduled to begin on Thursday. Nzinga said he and the Panthers plan to leave Cleveland on Sunday, the day before the convention officially opens.

His group plans to join a “black unity” convention in Cleveland that will hold a series of protest events in the city from this Thursday through at least Sunday.

“We are there to protect… (the black unity) event. We are not trying to do anything else,” he said. “We are going to carry out some of  these great legal rights we have — to assemble, to protest and (to exercise) freedom of speech.”

“Black Power” groups promote defense against racial oppression, with some advocating for the establishment of black social institutions and a self-sufficient economy.

The New Black Panther Party became active in 1990 and has long espoused black separatist ideology. Founding members of the 1960s Black Panther Party have denounced the New Black Panther Party as racist, but Nzinga says his movement does include original Black Panther members.

The Southern Poverty Law Center, a hate group watchdog, describes the New Black Panther Party as “a virulently racist and anti-Semitic organization whose leaders have encouraged violence against whites, Jews and law enforcement officers.”

But the center said the group has not been found to have actually carried out any violent attacks.

Nzinga complained that his group is regularly demonized. “When we use our rights, the police want to take it away from us and they can’t,” he said. “We protect our community and they make us the villain.”

Law enforcement officials say the New Black Panther Party and other black militant groups have not been implicated in any attacks against police since the 2014 police killing of an unarmed black teenager in Ferguson, Missouri. They also say the groups played no roles in last week’s attack in Dallas.

Nzinga says his group has grown amid racial tensions in the wake of a series of police killings of black men in the past two years. The Southern Poverty Law Center says the number of black militant chapters around the country grew from 113 to 180 in 2015.

The center says there are 892 hate groups total nationwide and at least 998, anti-government “patriot groups.” It says white hate groups, such as the Aryan Brotherhood, have a much longer track record of carrying out violent attacks than black extremist groups.

(Reporting By Ned Parker; additional reporting by Daniel Trotta.; Editing by David Rohde and Stuart Grudgings)

Dallas police chief says armed civilians in Texas ‘increasingly challenging’

Baton Rouge Protest

By Ernest Scheyder

DALLAS (Reuters) – The Dallas police chief stepped into America’s fierce gun rights debate on Monday when he said Texas state laws allowing civilians to carry firearms openly, as some did during a protest where five officers were killed, presented a growing law enforcement challenge.

Dallas Police Chief David Brown also gave new details about his department’s use of a bomb-carrying robot to kill Micah Johnson, the 25-year-old former U.S. Army reservist who carried out last Thursday’s sniper attack that also wounded nine officers.

A shooting in Michigan on Monday underscored the prevalence of gun violence in America and the danger faced by law enforcement, even as activists protest against the fatal police shootings of two black men last week in Louisiana and Minnesota.

Two sheriff’s bailiffs were shot to death at a courthouse in St. Joseph in southwestern Michigan, and the shooter was also killed, Berrien County Sheriff Paul Bailey told reporters.

By Monday evening, protesters were marching again in several large American cities, including Chicago, Sacramento, and Atlanta, where news footage showed a number of protesters being arrested after street demonstrations north of downtown.

President Barack Obama and others reiterated their calls for stricter guns laws after last month’s massacre at a gay nightclub in Orlando, Florida, but many conservatives responded that such measures could infringe on the U.S. Constitution’s protection of the right to bear arms.

Texas is known for its gun culture and state laws allow gun owners to carry their weapons in public. Some gun rights activists bring firearms to rallies as a political statement, as some did at Thursday’s march in Dallas.

“It is increasingly challenging when people have AR-15s (a type of rifle) slung over, and shootings occur in a crowd. And they begin running, and we don’t know if they are a shooter or not,” Brown said. “We don’t know who the ‘good guy’ versus who the ‘bad guy’ is, if everybody starts shooting.”

Seeing multiple people carrying rifles led police initially to believe they were under attack by multiple shooters.

Brown did not explicitly call for gun control laws, but said: “I was asked, well, what’s your opinion about guns? Well, ask the policymakers to do something and I’ll give you an opinion.”

“Do your job. We’re doing ours. We’re putting our lives on the line. Other aspects of government need to step up and help us,” he said.

‘SIMPLY MISTAKEN’

Rick Briscoe, legislative director of gun rights group Open Carry Texas, said Brown was “simply mistaken” in viewing armed civilians as a problem.

“It is really simple to tell a good guy from a bad guy,” Briscoe said. “If the police officer comes on the situation and he says: ‘Police, put the gun down,’ the good guy does. The bad guy probably continues doing what he was doing, or turns on the police officer.”

Police used a Northrop Grumman Corp <NOC.N> Mark5A-1 robot, typically deployed to inspect potential bombs, to kill Johnson after concluding during an hours-long standoff there was no safe way of taking him into custody, Brown said.

“They improvised this whole idea in about 15, 20 minutes,” Brown said.

“I asked the question of how much (explosives) we were using, and I said … ‘Don’t bring the building down.’ But that was the extent of my guidance.”

The incident is believed to have been the first time U.S. police had killed a suspect that way, and some civil liberties activists said it created a troubling precedent. Brown said that, in the context of Thursday’s events, “this wasn’t an ethical dilemma for me.”

The attack came at the end of a demonstration decrying police shootings of two black men in Baton Rouge, Louisiana, and near St. Paul, Minnesota. Those were the latest in a series of high-profile killings of black men by police in various U.S. cities that have triggered protests.

In the shooting near St. Paul, the Star Tribune newspaper reported that the officers had pulled over 32-year-old Philando Castile because one of the patrolmen thought he and his girlfriend matched the description of suspects involved in a robbery.

In Dallas, a vigil was held for the slain officers on Monday evening.

In Chicago, images and footage on social media and news stations showed about 500 protesters marching through downtown after holding a quiet sit-in in Millennium Park that spilled into the streets and a rally near City Hall.

In Atlanta, media footage showed a number of handcuffed protesters being loaded onto a police bus surrounded by armed officers and emergency vehicles with lights flashing. Television station WSB-TV reported that police started arresting demonstrators marching on Peachtree Road at about 8:30 p.m.

In Sacramento, about 300 people were marching peacefully on Monday evening. Earlier in the day, in an incident not linked to protests, Sacramento police said officers fatally shot a man carrying a knife after he charged at police.

Johnson was in the U.S. Army Reserve from 2009 to 2015 and served for a time in Afghanistan. He had been disappointed in his experience in the military, his mother told TheBlaze.com in an interview shown online on Monday.

“The military was not what Micah thought it would be,” Delphine Johnson said. “He was very disappointed. Very disappointed.”

The Dallas police chief, who is black, urged people upset about police conduct to consider joining his force.

“Get off that protest line and put an application in, and we’ll put you in your neighborhood, and we will help you resolve some of the problems you’re protesting about,” Brown said.

(Additonal reporting by Jon Herskovitz in Austin, Texas, Fiona Ortiz and Justin Madden in Chicago, Dan Whitcomb in Los Angeles, and David Beasley in Atlanta; Writing by Daniel Wallis, Scott Malone and Eric M. Johnson; Editing by Will Dunham, Peter Cooney and Paul Tait)

TSA Reports Record Number of Guns Found in U.S. Airports

The Transportation Security Administration (TSA) stated that 67 firearms were found in carry-on luggage during a week that ended September 17.

Of those found weapons, 56 were loaded and 26 had a round in the chamber. The TSA stated that the old record was 65 firearms that had been found in a week in May 2013.

During the most recent week that ended on September 24, U.S. airport security agents found 64 firearms in carry-on bags, of which 55 were loaded and 22 had a round in the chamber.

In July, the new TSA administrator, Peter Neffenger, stated to a congressional panel that his top priority would be better security at airport checkpoints, more specifically closing gaps in airport security.

Nationwide, TSA officers have found guns in carry-on and regular luggage. Recently, TSA agents stopped a man in a New York airport who had a gun in his carry-on bag. The day before, September 23, another loaded firearm was found in a passenger’s carry-on at the Des Moines International Airport in Iowa. The TSA reported that they have found more than 2,000 guns at airport security checkpoints this year.

The report comes just a few months after news agencies reported that TSA agents failed security tests that consisted of undercover investigators smuggling in weapons and mock explosives. The agents failed 95% of the trials. One of the tests even set off an alarm, but the agent wasn’t able to detect the fake explosive that was taped to the investigator’s back.