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)

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)

U.S. Republicans push back on Democratic gun control efforts

Handguns are seen for sale in a display case at Metro Shooting Supplies in Bridgeton, Missouri,

By David Morgan and Susan Cornwell

WASHINGTON (Reuters) – U.S. congressional Republicans on Tuesday resisted Democratic demands for a vote on gun-control measures and warned that some could face punishment for an unusual sit-in last month that tied up the House of Representatives for 25 hours.

With Democrats already rejecting a Republican gun bill and warning of further protests, the Republican-controlled House appeared to be heading for renewed discord over gun restrictions following the June 12 mass shooting at a gay nightclub in Orlando, Florida.

House Speaker Paul Ryan met for about 30 minutes on Tuesday with two Democrats who led the sit-in: Representatives John Lewis of Georgia and John Larson of Connecticut. The Democrats said they would ask Ryan for a vote on two Democratic-backed measures but left the meeting without speaking to reporters.

“The path ahead … will be discussed and determined by the majority in the coming days,” Ryan spokeswoman AshLee Strong said later in a statement.

The measures sought by Democrats would expand background checks for gun purchases and allow the government to block gun sales to suspected extremists without first getting a judge’s approval.

Hours before the meeting, Ryan suggested a vote on the Democratic legislation was unlikely, telling a Milwaukee radio station: “The last thing we are going to do is surrender the floor over to these kinds of tactics when we know it’s going to compromise the constitutional rights of law-abiding citizens.”

House Republican leader Kevin McCarthy said separately that he and Ryan would meet this week with the chamber’s top enforcement official to talk about reports that some Democrats at the June 22-23 sit-in engaged in “intimidation” while carrying out their protest.

Ryan has announced that the House will vote this week on a measure intended to keep guns out of the hands of people the government suspects of involvement in violent extremism. But Democrats say the legislation is inadequate because authorities would have only three days to convince a judge that a gun sale should be blocked.

“Ninety-one people die each day from gun violence in this country and the best Speaker Ryan can muster is a meaningless bill,” said House Democratic leader Nancy Pelosi aide Drew Hammill.

Six people who said they lost family and loved ones to gun violence were arrested in the U.S. Capitol on Tuesday, after a protest demanding Congress reject the Ryan measure and vote on the Democratic measures.

(Reporting by David Morgan; Editing by James Dalgleish and Peter Cooney)

Supreme Court rejects challenge to state assault weapon bans

Gun control activists

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday left in place gun control laws in New York and Connecticut that ban military-style assault weapons like the one used in last week’s massacre at an Orlando nightclub, rejecting a legal challenge by gun rights advocates.

The court’s action underlined its reluctance to insert itself into the simmering national debate on gun control. The Supreme Court issued important rulings in gun cases in 2008 and 2010 but has not taken up a major firearms case since.

The justices declined to hear an appeal of an October ruling by the New York-based 2nd U.S. Circuit Court of Appeals that upheld laws prohibiting semiautomatic weapons and large capacity magazines in the two northeastern states.

“Sensible gun safety legislation works. The Supreme Court’s action today in declining to hear this appeal affirms that the reforms enacted in Connecticut following the tragedy at Sandy Hook Elementary School were reasonable, sensible and lawful,” Connecticut Attorney General George Jepsen, a Democrat, said.

The New York and Connecticut laws, among the strictest in the nation, were enacted after a gunman with a semiautomatic rifle killed 20 young children and six educators in 2012 at Sandy Hook Elementary School in Newtown, Connecticut.

The gunman in the June 12 attack at an Orlando gay nightclub that killed 49 people, the deadliest mass shooting in modern U.S. history, used a semiautomatic rifle that would have been banned under the New York and Connecticut laws.

“The overwhelming majority of responsible gun owners want reasonable and effective gun control legislation,” New York Attorney General Eric Schneiderman said. “They know that there is no place for weapons of war on the streets of America. New York’s assault weapons ban keeps New Yorkers safer – period.”

Schneiderman, a Democrat, urged other states to enact similar laws.

The legal challenge mounted by gun rights groups and individual firearms owners asserted that the New York and Connecticut laws violated the U.S. Constitution’s Second Amendment guarantee of the right to bear arms. The court denied the appeal with no comment or recorded vote.

The challengers to the Connecticut law said it banned “some of the most popular firearms in America,” guns they said are owned by millions of Americans for the lawful purposes of self-defense, hunting and recreational shooting. The state said these kinds of guns are used in “the most heinous forms of gun violence.”

In December, the court declined to hear a challenge to a Illinois town’s assault weapons ban. But the justices in March threw out a Massachusetts court ruling that stun guns are not covered by the Second Amendment and sent the case back to the state’s top court for further proceedings.

The United States has among the most permissive gun rights in the world. Because the U.S. Congress long has been a graveyard for gun control legislation, some states and localities have enacted their own measures.

In total, seven states and the District of Columbia ban semiautomatic rifles. A national law barring assault weapons expired in 2004. Congressional Republicans and some Democrats, backed by the influential National Rifle Association gun rights lobby, foiled efforts to restore it.

In the aftermath of the Orlando massacre, the Senate was taking up gun legislation on Monday, although the four measures were not expected to win passage.

There is a longstanding legal debate over the scope of Second Amendment rights.

In the 2008 District of Columbia v. Heller case, the Supreme Court held for the first time that the Second Amendment guaranteed an individual’s right to bear arms, but the ruling applied only to firearms kept in the home for self-defense. That ruling did not involve a state law, applying only to federal regulations.

Two years later, in the case McDonald v. City of Chicago, the court held that the Heller ruling covered individual gun rights in states.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Palestinians turn to makeshift guns in escalation of street violence

By Dan Williams and Ismael Khader

JERUSALEM (Reuters) – During previous rounds of Palestinian violence, Israeli raids on the occupied West Bank would turn up small arsenals of military assault rifles. Now hauls more often include what look like toy guns and the tools required to make them lethal.

After years of seizures that have choked the supply of unlicensed M-16s and Kalashnikovs in the territory and raised black-market prices, some Palestinians are turning to improvised firearms to carry out street attacks on Israelis.

Five months into a series of killings by Palestinians that have mainly involved stabbings and car-rammings, some are stepping up the assaults by using such makeshift guns.

This escalation could pose problems for authorities on both sides, who are seeking to keep the bloodshed from spilling over into another uprising that could draw in armed Palestinian factions and trigger sweeping Israeli crackdowns.

The shift was illustrated by the haul from an Israeli raid on a foundry in the occupied West Bank this week; photos released by Israel’s Shin Bet intelligence service showed a sniper rifle held together by duct tape, a Wild West-style long gun with a silencer welded on, as well as a lathe machine tool.

The foundry may be a testament to the effectiveness of past raids, by both Israeli and Palestinian security services.

“A genuine M-16 now costs 60,000 to 70,000 shekels ($15,000-$18,000) on the street, whereas an improvised gun can cost as little as 2,000 shekels ($512),” one Palestinian with knowledge of the trade told Reuters. “For a young person looking to carry out an attack with limited resources, the choice is obvious.”

The crudity of the cobbled-together guns may offer scant comfort to Palestinian and Israeli security officials.

Palestinian leaders and international powers have already said Israel has often used excessive force against assailants, many of them youths, though Israel has rejected this, saying it has prevented lethal attacks on civilians and security forces.

Security experts cautioned that Israel was likely to be even less restrained should its forces or citizens come under regular attack with guns, regardless of how lethal they are.

“It’s one thing for a soldier to face someone who is trying to stab him with scissors, quite another to face a gunman – he can never know whether if there is more ammunition, if the gun is still a threat, so he is likelier to shoot,” said Amy Ayalon, who headed the Shin Bet between 1996 and 2000, when the last Palestinian revolt against Israel erupted.

“So the response, on site, tends to be harsher, and the political echelon will be forced to back it up.”

OVER 200 KILLED

Palestinian attackers have killed 28 Israelis and a U.S. citizen since October. Israeli security forces have killed at least 172 Palestinians, 114 of whom Israel says were assailants, while most others were shot dead during violent protests.

Tensions have been stoked by various factors including a dispute over Jerusalem’s al-Aqsa mosque compound and the failure of several rounds of peace talks to secure the Palestinians an independent state in Israeli-occupied territory.

Palestinian leaders have said that with no breakthrough on the horizon, desperate youngsters see no future ahead. Israel says young Palestinians are being incited to violence by their leaders and by Islamist groups calling for Israel’s destruction.

Two Palestinians who killed an Israeli policewoman and wounded another in Jerusalem last month before they were shot dead were armed with improvised guns known as “Carlos”, Israeli authorities said.

Carlos – simple knock-offs of Swedish-made Carl Gustav machine-pistols made in metal foundries – are among the cheapest makeshift guns to buy on the black market, say the authorities.

According to one Israeli security source, the relatively low Israeli death toll in the attack was partly due to the gunmen’s failure to fire rapidly, possibly due to the Carlos jamming.

Israel is also holding two Palestinian brothers from the West Bank city of Hebron for four gun attacks that wounded two soldiers and two civilians. The Shin Bet says they used a Carlo and an improvised sniper rifle with a silencer fashioned out of an oil can as instructed by a video they found on the Internet.

A spokesman for the Palestinian Security Services in the West Bank said they were aware makeshift weapons were being manufactured there.

“Making weapons locally is common everywhere in the world and we are moving against the sources of such weapons because they represent a risk,” Adnan Al-Dmairi told Reuters.

Improvised guns can be air-rifles converted to shoot real bullets rather than pellets, the Palestinian source said. According to one Shin Bet official, some West Bank armourers cannibalize parts from broken M-16s or Kalashnikovs and reassemble them as workable composites, with missing components manufactured in private workshops. These can sell for around 5,000 shekels ($1,280) on the Palestinian black market.

“Obviously such weapons will not be as reliable as a complete factory-made gun,” the Shin Bet official told Reuters. “Most of the recent gun attacks employed improvised firearms. It appears that in many cases they malfunctioned.”

(Writing by Dan Williams; Editing by Jeffrey Heller and Pravin Char)