Forum Rule: (14) LONG GUN CARRY IS OFF-TOPIC:
Let me bring this back to a permitted topic then.
In Utah there is no law banning the open carrying of handguns. OC is generally well accepted. Utah law also creates a fairly high bar for a business open to the public to win a trespassing case. To be guilty, you have to materially interfere with business. "No Guns" signs on businesses carry no force of law in Utah.
I'm betting that a decent defense lawyer could win an acquittal for any well behaved group of OCers who decided to have an OC rally inside a private business. We could each go buy a cup of coffee, sit down and enjoy our beverages for a few minutes while completely filling the store with unwanted, unwelcome firearms. It would be perfectly legal. It is our RIGHT to do so.
Should we? If we decide not to that, are we somehow surrendering our rights?
Bikenut said:
Yes people vote. All too often they vote on issues they have absolutely no clue about. And hiding (not exercising) a right does nothing to give folks a clue....but when people exercise their rights despite public opinion the public begins to learn about that right ... and public opinion changes. That has been shown to be true by a relatively recent change in public opinion concerning the right to bear arms brought about by those who chose to openly carry sidearms..... despite public opinion.
Let me give an off topic, but illustrative counter-example.
A couple of years ago a group of people in Utah who favor open borders and amnesty for illegal aliens decided they needed to rally support. They would show just how many "undocumented workers" we had and how much we relied on them. They would come out of the shadows and force the public to deal with the issue. So they had a march. They got all the necessary permits for a parade. A couple of thousand people showed up and walked down a major street to our capital while chanting positive affirmations. To show they were from other nations and in need of immigration reform, a lot of them carried flags from their home-nations: a smattering throughout Latin American, but predominantly the Mexican flag. They were peaceful and law abiding. They received very favorable media coverage.
BUT, the march didn't have quite the desired effect. Indeed, quite the opposite. The voters didn't see sympathetic, hard-working people on whom they relied for services. Nope. The voters saw 2,000 mostly brown-skinned people, yelling in a foreign language about "the race" (la raza), marching under the flags of a foreign nation, and making demands. The voters saw an invading army. It scared a lot folks and outraged others.
Many who had been on the fence, turned solidly against any kind of "immigration 'reform'". Those who were already hostile had a lot of chances to say, "I told you so..." And even some who had been friendly, found it expedient to at least retreat into a closet for a bit.
Are the voters in SLC stupid? Racist? Mean spirited? Maybe. It doesn't really matter why they reacted as they did. The end result was that a lot of legislators got a lot of pressure and what had been a train picking up speed in Utah for various measures favorable to "undocumented workers" was all but derailed.
Since then, not a single march with foreign flags or "Yes we can" or "The Race" being chanted in Spanish. Instead, the leaders of that particular movement have worked carefully with a very sympathetic media to present individual portraits of heart-touching cases of children who can't go to college, or moms who need to support their kids.
I can assure you that nobody has lost the right to assemble and petition or to speak freely. If the illegal aliens and their supporters want to repeat their march tomorrow, NOBODY would risk getting arrested or even hassled. In fact, those on the opposite side would happily pay whatever fees are required for the permits in order to facilitate such a march tomorrow precisely because a repeat of that march, in the wake of Obama's amnesty, would likely drive a stake through the heart of whatever remains of public sympathy here in Utah.
You can push the social boundaries a bit and expect society to adjust. If you go charging past all social boundaries and scare too many people, too forcefully, society will not adjust you will get blowback.
As a second, off-topic but illustrative example of how to succeed, we might examine what has happened to social attitudes and resulting legal/judicial views towards homosexuals. A mere 45 years ago, homosexuality was a diagnosed mental illness. "Treatments" ranged from hormone therapy to aversion therapy (nausea-inducing drugs injected while watching homosexual porn) , to electro-shock and insulin-induced comas, to frontal lobotomies. Homosexual conduct was a crime, actively punished in some areas.
First, homosexuals worked to portray themselves as victims. They managed to get the mental health industry to remove homosexuality from their diagnoses and instead recognize it as a normal aspect of human sexuality. This was done in dull, dry, meetings outside public view. In the media, homosexuality stopped being portrayed as perverts and criminals. Then, it was portrayed in vague, safe, funny terms. Think of the Butler on "Soap". Then it was portrayed openly but still with humor as on "Will & Grace." Homosexuals were happy, funny, safe--if somewhat pitiable people. Ellen Degeneris came out a little too fast and too forcefully and it cost her her show and career for a while. Then homosexuality was portrayed as more serious and with those opposed to it as being mean-spirited. The tone of "Will & Grace" changed from light and funny to a bit more preachy. "Queer Eye for the Straight Guy" portrayed how very useful homosexuals and their unique talents could be. Then we started to have homosexual characters who were no different than their heterosexual counterparts except maybe they were happier, better adjusted. And there were a lot. From staffing on major sitcoms and dramas you'd think fully 10 to 20% of the population were homosexual. Heterosexual characters became very comfortable with their homosexual side as we saw on "Boston Legal" with Danny Crane and his associate. Characters who had never had a sexual side "came out" (sometimes as a party shot) such as on Law and Order, and even NCIS.
We then saw homosexuals engaging in overt romantic or sexual activity...but always and only attractive women. Think of the lesbian kisses on "Grey's Anatomy". It became downright chic for women to kiss other women. Beautiful women kissed each other at major awards ceremonies. But try to think of any network programming--not pay only channels, but over the air network shows--that depict any male-on-male sexual affection. Bigoted, small-minded, phobic, or whatever, the general population still reacts largely negatively to the idea of male-on-male penetrative sexual intercourse. So the public is never, ever shown that nor anything that might bring it to mind. At least not yet. I think the day will come, very soon, when the public will lose its aversion to that and it will be safe to portray male homosexual conduct to exactly the same degree that heterosexual or female homosexual activity can be portrayed in any given environment.
I don't care what side of the homosexual-rights issue anyone comes down on. An objective analysis shows an amazingly brilliant marketing and messaging strategy that has yielded results unimaginable 30 years ago. And it is hard to imagine how the current situation could have possibly been brought about any sooner. It was 1972 when the Supreme Court dismissed the Baker legal challenge against State laws limiting marriage to heterosexual couples "for want of a substantial federal question." There has been no constitutional amendment dealing with this issue in the intervening 42 years. Baker is still binding precedence. But look at the shift in federal court rulings on this topic. It's been a rough 30 years for a lot of homosexuals. But it is probably safe to say that their victories are permanent; the current and future generations will reap the benefits of the hard work, sacrifice, and patience of those who spent the 70s, 80s, and 90s NOT being as open with their sexuality as perhaps their "rights" fully entitled them.
Anyone who doesn't understand the massive effect that public opinion--as expressed through State laws and social mores--has on federal court rulings is either grossly uninformed or deluding himself.
And anyone who thinks that simply exposing the public to the most extreme behavior possible under a given right will automatically result in the public adopting a more positive attitude has taken an important principle and simplified it to the point of destruction.
I won't claim to know what the legal and social environment is in other areas. There may be places where having an unwanted OC rally (or "buycott") in some business is actually going to be highly productive. Maybe there are places where conduct off topic for this board is only pushing the social envelope a little bit and so can reasonably be expected to result in increased social tolerance and acceptance. But here in my neighborhood, as of today, there remains a few elements of RKBA that we can best secure long-term by not rubbing into people's noses too much today.
We revere those who spent 8 hard years winning the Revolutionary War and then 10 more years forging a nation with a Bill of Rights. We remember and honor as "The Greatest Generation" those who spent 4 years winning WWII. We think of ourselves as Patriots, fighting our fight in our day as our forbears did in their day. Yet some count it as cowardly or even treasonous to suggest we fight our battles so as to secure a permanent victory rather than a short-lived triumph? Let's fight smart. And if that means we elect not to fully exercise our rights for a brief period so as to secure lasting victory, let that be part of our sacrifice for future generations. Let's be like the Founding Fathers who "had a decent respect for the opinions of mankind" and knew how to win a lasting victory. Let's not be the hot-headed and shortsighted California Black Panthers of 1967.
And I'll again apologize for not being able to compress this down into a 5 second, emotional sound-bite suitable for the average voter. I hope we have a much higher attention level and cognitive ability on this board.
Charles