"Take your gun to church" - fascinating opinion enjoining a piece of NYS legislation

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I was actually responding to what you said. Now that you explained it and provided details about where you live your post makes much more sense.

Indeed..........because:

I pity anyone who lives where they feel a need to carry a gun in church

More or less that's everyone in America except in the little teenie tiny town of 1200 with 3 churches and everyone knows everyone else, or any similar town.

I don't understand how anyone can be blind to the fact that church shootings are not unheard of in almost any big city in America and making that remark is kind of uncalled for since most of us do not live in Teenie Tiny Town, America. My neighborhood has more churches in it than that teenie town being referenced. Jus' sayin'......the concept of suggesting that the idea of carrying a gun to church is pitiful is completely out of line with the times.

As for the concept of private property, that is a very interesting argument. But that would include churches, ball parks/stadiums of every shape and size and type of game, etc., and even the Texas legislature has no problem banning guns at sporting events and on other private property:

Sec. 46.03. PLACES WEAPONS PROHIBITED.

...

(4) on the premises of a racetrack;

(8) on the premises where a ......, or professional sporting event

(13) in an amusement park;

(1) on the premises of an institution of higher education or private or independent institution of higher education

That's just a few; I didn't copy them all.

But what is NOT listed are churches or, generically, "houses of worship", because Texas repealed that provision quite awhile ago. If a "house of worship" wants to ban guns it has to post the statutory warning signs at all of its entrances. My house of worship bans open carry and uses the correct sign to comply with the statute. Concealed carry is not discussed in a sign or among the congregants because it is a known fact that a number of the members "carry guns to church" and it is winked at..........
 
He helps those who help themselves.


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This is in response to CAJUNLAWYER.

I am not thinking of myself when I CCW in church. I am thinking about my bride and all the other congregants, most of whom are old.

The closest I have ever come to drawing my concealed firearm was to protect a third person, completely unknown to me, who was about to assaulted by a far larger assailant armed with a motorcycle chain. I had walked towards this confrontation, which was moving at low speed as the victim was trying to back away in a closed area where he had no escape opportunity. Fortunately San Francisco PD rolled up just as I was about to draw and confront the assailant. All I had to do then was walk away, but it was a very close call.

I am long retired from LE. But the instinct to protect is still there and always will be. For that purpose I need to carry.

Sigh.....Respectfully gentlemen, at this we must disagree.
 
Grandma Muggins would do the the Marie Kondo approach and tell you that if carrying in church brings you joy, then you should do it.

I am unwilling to insert myself in somebody else's misunderstanding, when it doesn't impact the safety of me or mine, and I have no idea how the apparent loser came to be in the position of appearing to being assaulted with a motorcycle chain. As a retired LEO, you should know that first appearances are not always indicative of the actual circumstances, and a good way to visit the ER is to fail to mind your own business . . .

This is in response to CAJUNLAWYER.

I am not thinking of myself when I CCW in church. I am thinking about my bride and all the other congregants, most of whom are old.

The closest I have ever come to drawing my concealed firearm was to protect a third person, completely unknown to me, who was about to assaulted by a far larger assailant armed with a motorcycle chain. I had walked towards this confrontation, which was moving at low speed as the victim was trying to back away in a closed area where he had no escape opportunity. Fortunately San Francisco PD rolled up just as I was about to draw and confront the assailant. All I had to do then was walk away, but it was a very close call.

I am long retired from LE. But the instinct to protect is still there and always will be. For that purpose I need to carry.
 
@ Retcapt with your background why didn't you make a call to authorities due to the circumstances and hearing he had mentioned suicide ?
 
Only about half of church shootings are based on religious hate. That strongly suggests the location is chosen due to the belief it will be a soft target with limited exits and closely packed people, making it ideal for a mass shooting. That was the case in the 2007-2008 time frame until churches, at least here in the south, started encouraging concealed carry and or forming armed security teams.

Like most mass shootings, there's a strong copy cat element. After a successful shooting, you can expect others along very similar lines. However, when a mass shooter gets put down before he can get going, it has a chilling effect on future shootings in the same setting. We saw exactly that in church shootings.

However, the problem is the "ok that won't work" message has to be refreshed from time to time. In addition, if a shooter is stopped before the number of people shot qualifies as a mass shooting, the media response is limited as it's both not big news and runs against the preferred media narrative that the "good guy with a gun" concept is a myth.

One area where concealed carry in a church can be problematic is when a church also has an attached school, or when a church service is held in a school owned building like a gymnasium - and the state it's located in prevents open or concealed carry inside a school building.

Carrying concealed in that setting is usually a crime. In contrast to carrying in a posted mall, theater, business, etc in many states where it is only a crime of trespass if you are found to be conceal carrying a firearm and refuse to leave.
 
Since I have had two inquiries about my posts, this response will address both.

Muss Muggins

I had been watching this incident as it developed. My wife and I were having a cup of coffee one night at Enrico Banducci's Coffee House on Broadway in San Francisco in the early 1980's. We could sit on the front patio and watch people passing by. At one point a number of young women passed by. By their dress, makeup and demeanor we gathered that they were probably entertainers from the numerous nightclubs in the area. As they passed a short black man followed closely and was verbally harrassing them in very vulgar terms. The women were ignoring him, but he was persistent. It was about this time that a Mercedes convertible with the top down stopped in the street and the anglo driver got out. He was about my size and weight, in other words medium height+ but muscular. He retrieved a motor cycle chain from behind the front seat (despite the great size disparity between him and the harrasser) and started to walk towards him. This low speed pursuit/stalk continued into a small parking lot surrounded on three sides by buildings, so a box canyon.

As this was evolving I told my wife I did not want to become involved, but I had no choice (more on that anon).

As I walked towards this confrontation I positioned myself on the flank and somewhat to the rear of the individual with the motorcycle chain (which was now wrapped around his hand/wrist). My intent was for him not to be aware of my presence until I announced it. I had not yet drawn my revolver. It was at this point that SFPD rolled up and I was no longer needed.

Why I had no choice:
1. My department (this was well before my retirement) had a policy that any off-duty member encountering any incident requiring LE intervention, regardless of jurisdiction, was required to take the appropriate action in a timely manner.
2. It was my belief, and I have had decades to review my decision, that had SFPD not rolled up and it was just me, had I not intervened, the small man would have at least been the victim of assault with a deadly weapon, and at worst murder. Regardless of my department's rules, had it only been at my discretion, I still would have intervened since such harm was imminent. I could not let that take place. That is who I am.

There was/is no question in my mind that I was well aware of all the relevant facts, and that time was now quickly running out.

As far as any speculation about a trip to the ER, I think my description of my approach and positioning is indicative of my planning and tactics. Worst case scenario; gun vs motorcycle chain, gun wins. I had been in countless tight spots in my career on duty, usually solo, and the only time I ever ended up in the ER was when an airborne full beer can struck my head during a riot.

Laketime,

The individual had only mentioned that he had been considering suicide, but without any statements that he so intended, and no overt acts. Under Ca Welfare & Institutions Code section 5150, that would not be sufficient for 72 hour mental detention. During my time of observation I saw nothing on his part that in my judgement would bring him under 5150 WIC. At most he was a suspicious person. If I or we had called the Sheriff's Department, the response time, if they agreed to respond to a suspicious person call with no overt acts, would be anywhere from 45 minutes to over two hours.

During my LE career, like any other LEO I had dealt with countless suspicious person and possible 5150 calls. If we did not have concrete facts we could use to support a 5150 hold the hospital would not accept such a patient. This individual was not 5150 during my or our observation. He may have been at some time prior, although the mention of having contemplated suicide would not have been enough, and he might have been 5150 at some later time, but not during our observation. Since I know a number of people in the Sheriff's Dept, had someone at their end found out I was present they would have asked to speak to me as this call would take a deputy well out of their populated area. The question to me would have been very direct; was this person 5150? I would then have had to state he was not, even with his having engaged me in conversation.

Since we are very isolated where we live, it is understood by us, and emphasized by the Sheriff's Dept, that we have to be self-sufficient absent factually obvious emergency circumstances.

Our county is 3200+ sq mi, all of it mountainous, all with two lane roads and no freeways. Our population is just under 14k. Our Sheriff's Department has nine deputies to cover this area 24/7. Unless there is something concrete to a call, they just don't have the personnel to respond.
 
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It sincerely is a sad state that churches are targeted here in the U.S. However, different churches have been targeted in different parts of the world for a long, long time.

I used to attend a church that was wondering what to do when concealed carry passed. Some wanted to put a sign up "no concealed carry". I told them if they wanted to put a sign up put one up that encouraged concealed carry. They gave me funny looks and I explained that unless you want to make yourself a target don't put up the first sign, in fact don't put up any signs. Why would you be afraid of your own congregation? They didn't put up any.

Basically, know your state laws and talk to your leadership...
 
To somorris: I don't understand your last statement "if the church didn't know who was armed and some crazy started shooting". Please explain.

A local church has a security team and posted a sign that said "No Guns allowed, we have a security team" or words to that affect.
They also announce at start of service if you are carrying to not draw your gun so the security team doesn't shoot you by accident if there is an incident. They have around 15 posted at different spots throughout the church with a congregation of over 500.
You may consider taking down your existing sign and putting up one similar to the one mentioned above. Just Sayen.
A "No Gun" sign is an invitation to as you put it "some crazy" coming to church and doing unspeakable things. Just my 2 cents !

What I meant by the statement was basically answered in your post. We were concerned that if something were to happen (i.e. some crazy started shooting), we did not want a concealed carrier drawing their gun and getting shot by one of the security team. We may add "unless authorized" to our sign as suggested earlier. I think that is a great idea and will bring it up to our team.
 
Took my gun to my House of Worship this weekend.
Felt great pride and responsibility.

Second gun-related prayer: If called let me not falter.

First gun-related prayer: Let me not be called.
 
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I cannot imagine living in a place where bringing a gun to church is even a thing. I pity anyone who lives in such a place.

Why? Did not Jesus himself say, "Sell your cloak and buy a sword"?

I'm reminded of people who say, "Why would you need a gun at a softball game?" Then a bunch of people got shot at a Congressional softball game.
 
We have batted this around for about a month now. Thanks for participating. I think we have covered it well, well enough to be done. ;)
 
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