A man is legally carrying a concealed weapon daily as he takes his daughters to school. A neighbor puts up a sign announcing that fact to everyone who happens by. He asks her to stop, & cites his 2nd A. rights; she cites her 1st A. rights. Who wins?
I would be inclined to buy a very nice lighted sign big enough to be seen from both sides of the street saying that "I am a gun free zone. My neighbor is a gun carrier" with a big arrow pointing to my house. Then offer it to her free installed.
You are making assumptions about her goal. For now, what she is doing is not wrong. Even if she was wanting to get the person to stop carrying the gun, she'd be in the right as long as the person is not a part of any militia.
I remain respectful and keep my hands in plain sight. The last time we had a Deputy out was on Independence day. We had called to report suspicious trespassers. My neighbor and I were both armed openly.
The neighbor pointing out he carries a concealed weapon doesn't infringe on his right to legally own and possess a weapon. 1st amendment protects from govt retaliation. No govt involved here. 1st amendment wins.
That's what I said to my wife, but the question is more supposed to be "does he have the right to make her take the sign down." I agree that neither's right is violated if the situation simply continues as-is, though.
This situation hampers his ability to protect his family. He already feels the need to escort his child(ren) personally. Sounds like a less than ideal area to begin with.
Torfin, I can see your point about attracting attention from anti-gun folks (although I doubt they are a physical threat). If it reaches that point I'd say the neighbor is fermenting harassment and should be forced to desist (don't ask me how).
Torfin, I see your points about how the sign might endanger him. However, don't read "bad neighborhood,"
into the fact that he walks his children to school. I live in a very pleasant middle class neighborhood. When school let's out, large numbers ...
... of parents line up in cars and walk up in person, to take their kids home. After the parents and the school busses, there are almost no children walking home from school by themselves. When I went to elementary school, I always walked myself ...
... home. For whatever reasons, tunes have changed. Whether there is more real danger OR just more perception of danger OR more awareness OR different parenting styles ... I don't know.
For example, our neighbor has a boy in elementary school, easy walking distance. His grandmother picks him up from school every day. Most parents take that for granted, these days. I live in a low crime neighborhood. Low, as in essentially zero!
In fact, let me be more clear on that: there is absolutely nothing, legally or otherwise, about getting a concealed carry permit that gives you any form of right to have others not know you have a concealed carry permit, or even that you're armed.
The only thing a concealed carry permit does is allow you to carry a gun without showing it off. If someone knows you have that gun, there is nothing about your permit that keeps them from telling everyone around you.
Heck, newspapers have published maps detailing where people who have concealed carry permits live. It's literally a matter of public record in 22 states. Concealed carry certainly isn't a *Constitutional* right (tinyurl.com/qz4pxtk).
Meanwhile, the law makes it perfectly clear that you have no liability for publishing true, publicly-available information -- which, if he had his gun out and visible on the sidewalk (which he did), this totally is.
The whole purpose behind CONCEAL CARRY is not to alarm people who have an aversion or fear of guns. What this lady is doing is bringing fear to those people. It's that right in your opinion? I would just as soon OPEN CARRY if it doesn't matter.
Glock, you are saying it's not "right" for her to do it, in what I take to be a moral or ethical sense. I agree with that. But, this poll is more about legal rights. Legally, she can put up the sign. She shouldn't, but legally, she can.
Neither are really involved, but it looks like she's guilty of harassment and perhaps stalking. The victim should press charges if it continues and should file a civil suit for any damages he incurs as a result.
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