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An Open Carry Christmas


A Christmas Morning Tradition

It has been several weeks since I have had a chance to put out a column because I have been in frantic "law school exam mode."  But this was a good semester from a gun rights perspective.  One of the classes I finally was able to take was Constitutional Law.  As you can imagine, as a gun rights advocate, this was one of the classes that I had been looking forward to since I first decided to attend law school.

My first thought as the exam fades behind me is that we are truly blessed to have so many talented and dedicated activists who are also legal scholars and practitioners.  The ability to represent our cause in a constitutionally cognizable manner is no small feat.  And despite what we see as the clear intent of the Second Amendment, absent the protection of these men and women, we would rapidly see it wither and die under the misleading arguments of anti-gun advocates.

My second thought, as I look forward to a ruling in the landmark McDonald case is a bit technical from a legal perspective but it boils down to this.  In the brief filed with the Supreme Court, Alan Gura put forward two lines of legal argument for the Second Amendment to be incorporated against the states.  The first is a Fourteenth Amendment Privileges or Immunities Clause revitalization argument that is beyond the scope of this discussion.  The relevant legal argument put forward is that the Second Amendment should also be incorporated against the states via a substantive due process analysis.  This analysis boils down to a question of whether a right is "fundamental" based upon being rooted in the history, tradition and practices of our collective national conscience.

And this is where I believe that open carry comes in.  I have said it before and I will certainly say it again ... "The concealed carry movement has been the most successful public policy movement in my lifetime and I thank God every day for the lives it has saved!"  But having said that, it has come with one drawback.  Firearms are no longer such a visible part of American culture and this has the potential to allow the anti-gunners to argue that we do not have the weight of "practice" or "conscience" on our side.  Open carry combats this argument and keeps the lawful carry of firearms for self-defense prominently in the eye of the American consciousness.

In keeping with this theme, I will end today's column with a Christmas poem I had written several years ago.  I hope you enjoy it!

I finished all my shopping
For Christmas gifts today
And I open carried
All along the way

I saw old Friends and neighbors,
And it was really fun,
And not a single person was
Frightened by my gun

For I have open carried
In rain and in snow
For many, many years
And this they all know

They have been educated
And some have been enlightened
And this will prevent them
From having to be frightened

I'd like to think that somewhere
Santa's sack's a little bigger
Because some lucky person
Has a gift with a trigger

And all across America
Handgun sales were bolstered
Because our friends and neighbors
Saw one safely holstered

Merry Christmas ... Happy Hanukkah ... And a festive holiday season to all!
May 2010 mark the beginning of the end of state and local infringements of all of the rights of law abiding citizens!


  • Grapeshot 5 years ago

    Nicely said.

    Merry Christmas to all and a great RTBAs New Year.

    Lobby Day in Va. is 1/18/10

  • leemcgee 5 years ago

    Mr. Pierce, It's conforting to have another pro-liberty/pro-Constitution advocate in our camp.
    If you haven't already done so, might I suggest you visit The New American website and click onto Mr. Edwin Viera's "The Second Amendment, The States, and The People" for a more detailed explanation of how a judicial-fiat concept of "incorporation" and other error-filled judicial interpretations of the 14th Amendment have been used in an attempt to invalidate the 2nd Amendment.

  • Harris 5 years ago

    Amen, brother! Let's all buy guns to protect ourselves from, hmm, who was it I'm supposed to be protecting myself from again? Ah, it doesn't matter. At least our kids will have more guns to play with when mom and dad aren't around. So what if there are a few accidents and some kill or maim themselves or someone else accidentally. Guns are cool. They make us feel tough, in control, safe, unstoppable. I especially love handguns since they aren't for hunting. Yeah, everyone should get a new gun for Christmas. What a wonderful Christian thought. You're going to be a great lawyer. Who needs courts when we all have guns?

  • Guerilla Guy 5 years ago

    Wow, Harris! What a completely snide, pathetic jerk you are. You don't even try to understand, but instead spew a bunch of worthless garbage ultimately pushed by our aspirant societal masters. Well done, you tool.

  • Tacoma 5 years ago

    This open carry business is stupid and sets a bad example for kids. In my teens, I thought toting guns was cool until a friend accidently shot me in the face with one of my own. Today, people are wearing guns for three reasons, (1) their afraid (2) they know the white authorities will back them up and keep guns illegal in black communities (3) they couldnt get away with the open carry law under white Presidential leadership. It'll all change when someone does something really stupid and trust me they will.. it's just human nature''.