Posts Tagged ‘need’

postheadericon Meltdown and Spectre CPU Vulnerabilities: What You Need to Know

The first few days of 2018 have been filled with anxious discussions concerning a widespread and wide-ranging vulnerability in the architecture of processors based on Intel’s Core architecture used in PCs for many years, and also affecting ARM processors commonly used in tablets and smartphones.

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postheadericon What You Need To Know About The Concealed Carry Reciprocity Act Of 2017

This is a post from firearms legal expert Phil Nelsen of MyLegalHeat.com and is republished here with permission.

Have you heard there is new federal legislation that will allow someone with a concealed carry permit from one state to carry in all 50 states? It actually might not be as awesome as you have heard. The purpose of this article is to dispel some of the myths associated with this proposed legislation and give an update on its status.

What is the Law & What is the Status?

H.R. 38: Concealed Carry Reciprocity Act of 2017 is a new iteration of a law that has been proposed several times over the past 6 years. In its most recent form it was introduced on January 03,

 

2017 by U.S. Representative Richard Hudson (NC-08). The NRA and other gun rights organizations have been outspoken in their support of this legislation. This week (December 6th) it was voted on by the US House of Representatives and passed by a 231/198 margin. Although it has cleared the House it still has many steps to clear before it becomes law. A brief summary of the remaining procedural process is below:

  1. It will go to a Senate subcommittee to approve their version of the legislation; then
  2. It will be scheduled for a floor vote in the Senate, with the potential for a filibuster; then
  3. It would go to a joint conference committee and the two bills (House & Senate) would be “reconciled” by the committee; then
  4. The reconciled bill will need to be voted on again by both the House and Senate.  Many bills die at this stage as the two separate pieces of legislation from the two houses are often so different that they cannot be reconciled; then
  5. For the final step it goes to President Trump’s desk, who has indicated he would sign similar laws in the past.
The house version has combined two separate bills, one on national reciprocity and the FIX NICS bill.  The FIX NICS bill has widespread support among Democrats, whereas the  Concealed Carry Reciprocity Act has significantly less.

Largely due to the social media buzz surrounding it, many people in our training classes are misinformed on many aspects of this potential law (many people we speak with believe it is already a law, which is dangerous). We have received hundreds of emails and phone calls from past students asking about the “new law” and the amount of misinformation we’ve heard is alarming to us. There are some legitimate misunderstandings out there about the Concealed Carry Reciprocity Act, and we want to help clarify a few important points.

What Will the Law Do? 

Many people we speak with believe this legislation would make it so one permit would be valid in all 50 states, like a driver’s license. In fact Congressman Hudson’s own website says the following regarding the law:

“Your driver’s license works in every state, so why doesn’t your concealed carry permit?” (source)

That is absolutely not what this law will do, however, and it is important to understand what the law actually says.

The Concealed Carry Reciprocity Act of 2017 is intended to “amend title 18, United States Code, to provide a means by which non- residents of a State whose residents may carry concealed firearms may also do so in the State.”

Subsection (a) states that

a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machinegun or destructive device) … in any State

AWESOME RIGHT?!? As long as I have a photo ID & concealed permit (or am from a constitutional carry state) then I’ll be able to carry in any state, what’s wrong with that???

The problem is the text of the proposed law doesn’t stop at that point. If it did, I would agree it would be a great law. Instead it goes on to create two very distinct problems.

What Are The Problems With The Law?

Problem #1: A permit holder would only be able to carry in a state that, “has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms” OR “does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.”

  • The problem with the above text is that  it provides a strong incentive for restrictive states (like Maryland, New Jersey, Hawaii, New York & California) to prohibit concealed carry altogether. Think about it, when faced with the following two choices, do you think that New Jersey and California (who are historically very restrictive in issuing concealed permits) are going to (1) open the floodgates to every freedom loving American to carry a gun, OR  (2) simply prohibit concealed carry altogether, thus exempting themselves from the National Concealed Carry Reciprocity Act. If this law passes, reasonable minds could agree we would see at least the following states take steps to completely prohibit concealed carry: California, New Jersey, New York, Maryland, Hawaii, Delaware, Massachusetts, and Connecticut. In sum, we would see a regression in the amount of states that allow concealed carry. Naturally residents of those states could then take their case to the courts and hopefully we would see the state and federal courts rule favorably in some of those jurisdictions, but sadly as we’ve seen over the past few years, that is far from a sure bet.

Problem #2: “This [law] shall not be construed to supersede or limit the laws of any State that—(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.”

  • What this means is that those middle-of-the-road states (like Oregon, Washington, Illinois and South Carolina) which likely won’t decide to eliminate concealed carry altogether, but also don’t necessarily want millions of visitors carrying guns in their state, will likely make it SUBSTANTIALLY more difficult to carry a gun in their state. States like Oregon and Illinois (among others) have historically been very opposed to granting non-resident carry rights within their state. Instead of suddenly opening the doors for everyone to carry, we will likely see state legislatures tightening the areas within the state where you are allowed to carry through increased prohibited areas. Advancements that took years to accomplish could potentially vanish overnight due to an overly paranoid media frenzy.

Would Any State Permit Work, or Would I Need My Home State Permit? 

There has been a fair amount of debate about this question. When discussing what permits would allows someone to carry in all states, the law say that a person must have a, “permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides.”

This wording is more complicated than it first appears. What this means is that your home state permit will always satisfy this requirement, as it entitles you to “carry a concealed firearm in the state in which [you] reside.” Many people who live in restrictive states, like Maryland or New Jersey, have been asking if they can get an easier to obtain out of state permit (such as Utah or Virginia) and still be able to carry in all states. The answer, under the currently worded law, is maybe. Unless the permit you have allows you to carry in your home state, or your state has constitutional carry, the wording of the current law is somewhat awkward regarding non-resident permits. It appears their intent was to allow you to obtain a permit from any state, but if that is the case the language of the law should be updated to unambiguously state that.

In Summary:

There are some positives to this law. I like that concealed carry is being discussed on a national stage and I am glad it is making people more cognizant of the very complicated patchwork of gun laws we have in America. I also like that the law does away with the crazy patchwork of laws regulating magazine capacity (it allows “any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine”), and it explicitly allows for carry on certain federal land (such as National Parks and Army Corp of Engineers property).

However, I think this legislation is badly in need of refinement if it is to accomplish what we all want it to accomplish. To me, a much better option would be to pursue a judicial remedy for the right to bear arms much like the NRA and the SAF achieved for the right to keep arms (click here for a summary of the difference). However, if we are going to attack this issue through legislation it needs to be done properly. As most are aware, Legal Heat is the largest provider of concealed carry training in America, having certified over 150,000 people to obtain concealed carry permits. We are also the publishers of a 50 state gun law book app that is used by hundreds of thousands of gun owners to navigate gun laws in all 50 states. The attorneys at Legal Heat have also worked on several pieces of concealed carry legislation and would be more than happy to act in an advisory role for Congressman Hudson or anyone else involved in this legislation. We want this law to pass, we just want it to be amended slightly before passing.

For the first time in our history the question before us now is not IF we can pass nationwide reciprocity legislation, but instead HOW such a law should be strategically handled. We are in an exciting time for American gun rights. Legal Heat is very excited about the potential to see quick and decisive progress in the fight for the individual right to keep and bear arms. We will continue to stand on the front lines of this issue by training tens of thousands of Americans each year. If you are interested in attending a training class click here to find a course in your area. 

For updates on this proposed legislation and any other gun related issues please follow us on Facebook.

Knowledge is power. Make sure to share this article. 


Phil Nelsen is a nationally recognized firearms law attorney, expert witness, college professor, author and co-founder of Legal Heat, the nation’s largest firearms training firm and exclusive national CCW training provider to Cabela’s.

Legal Heat offers CCW classes nationwide, and also publishes the industry leading Legal Heat 50 State Guide to Firearm Laws and Regulations which can be downloaded on iTunes, GooglePlay and Kindle App stores. You can purchase the paperback version of the Legal Heat 50 State Guide or sign up for a class at https://mylegalheat.com

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postheadericon Businesses and GDPR: What they need to do to be compliant?

While this may sound daunting and the consequences of non-compliance are significant, it’s considered unlikely that regulators will make an example of small businesses that can demonstrate they have a plan and have attempted to comply fully with requirements.

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postheadericon Why You Need A Pocket Pistol, Even If You Don’t Pocket Carry

By Salvatore via USA Carry

I get it. Carry the biggest gun you can. I am a believer in that. I carry a double-stack autoloader the majority of the time. I find that most people can carry a more formidable gun than they think and I encourage all to do so. However, most of us lead lives in which we can’t always carry a full-size or compact handgun. We may frequently have the need for a very small and concealable firearm, and a pocket gun is better than having no gun under such circumstances.

If you must spend time in environments where you need to dress in ways that make concealment difficult or if you spend time in environments where you absolutely can’t afford to print, then you will not always be able to carry your primary handgun. For those of you who never need to dress in anything other than your 5.11 pants and always carry a service pistol and at least two spare magazines, good for you. For those of you that actually work in the real world, you may need a pocket gun for certain times, even if you don’t pocket carry it.

Small guns are a two-edged sword. They are so convenient to carry that you may find you are content to wear your small frame revolver or 380 auto instead of strapping on your more capable gun. This practice is not ideal, as carrying more gun is always better. However, the real benefit of a small gun is that you can go armed at times when you otherwise could not if you only maintain larger handguns in your lineup. Many need a small gun to cover those times that don’t permit your usual carry gun, which may be quite often depending on your lifestyle. If you are not already squared away with a deep concealment pocket gun, consider the following:

The Guns for the Role

I often refer to exceedingly small handguns as pocket guns, even though you obviously don’t have to carry them in a pocket, and these are very small firearms that can be worn in a variety of places on the body and go unnoticed. A lot of people have different opinions regarding what really constitutes a pocket gun. Some claim that they can carry a Glock 26 or similar sized double-stack auto in their hip pocket. Most can’t do this. Even the small single-stack 9mm autos tend to be too large for pocket carry for most people. The two classes of guns that tend to be ideal pocket guns are the small auto loaders typically chambered in 380 acp or the small-frame revolvers. Again, even if you don’t pocket carry, you will find that these two categories of handgun can be carried easier than most else. These firearms work for deep concealment and also serve many well as backup guns when carried as a second handgun.

While many do not consider small auto loaders chambered in 380 adequate defensive tools they are far better than being unarmed if they are the only size gun you can carry. My personal preference for deep concealment is a small-frame revolver. Guns like the Smith and Wesson J Frames and the Ruger LCR represent this class. The even smaller 380 autos, typified by guns like the Ruger LCP or the Smith and Wesson Bodyguard, are indeed smaller yet and even easier to carry. The revolver has the benefit of being chambered in a more powerful cartridge and being generally more reliable. You need to fully test the reliability of the small autos but if you have one that is truly reliable these make good deep concealment guns.

Where will you Carry It?

The next question to ask yourself: where will you carry your deep concealment gun? I tend to suggest minimizing your different carry locations because in a time of stress you will instinctively reach for your gun in the location it is most often carried. However, you obviously may need to carry a deeply concealed firearm differently. Some common methods for carrying a small gun are in the pocket, on the ankle, or in a belly band. There are also a variety of deeply concealable holsters available that are designed to fall below the waistline and some folks like these options.

Of course, you may be able to carry your small gun in the same way you carry your larger handgun but the sheer size difference may allow you to carry the small weapon when unable to use your primary. Consistency of carry location is very important and you should strive to minimize how many ways in which you carry your firearm. Being able to accommodate any dress or situation while wearing your gun in the same location is great, if you can do it.

My personal choice for deep concealment is carrying a small-frame revolver in a belly band under my clothing. The gun rides on strong-side-hip, like my usual carry mode. This setup works excellent under tucked-in formal shirts, which is the primary dress limitation that prompts me to sometimes need this deep concealment setup. The difference, however, is that the tucked-in shirt needs to be ripped up and out of the waistband in order to access the gun, so it is a slower presentation than my normal carry mode.

You will often find that the better the concealment the less accessible the gun is. This is the tradeoff for remaining armed. I have also utilized ankle carry and pocket carry in the past, but seem to have settled on the belly band solution for such deep concealment needs. Figuring out an alternate deep concealment carry mode takes time and experimentation. While I most often carry a substantial handgun and recommend the same I will take a pocket gun over not gun any day. This is the purpose such tiny weapons serve; they offer an alternative to no gun.

A pocket gun, whether actually pocket carried or not, is a valuable weapon to have in your arsenal. A gun that is generally small enough to pocket carry proves truly small enough to disappear on the human body. These little guns are difficult to shoot well and they are far less capable than a full-size or compact pistol but they facilitate carry when otherwise you would be unarmed. Carry the most capable gun you can at all times that you can, but if restricted to a pocket gun or nothing the pocket gun is the much better option.

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postheadericon Cloud security policy: The questions you need to ask

Cloud services are very much what you make of them, and you need to apply at least an equivalent level of rigorousness, in terms of risk assessment, as you would with assets that are hosted on your own network.

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postheadericon Everything you need to know about the latest variant of Petya

The latest global cyberattack, detected by ESET as Win32 / Diskcoder.C, considered a variant of Petya, once again highlights the reality outdated systems and insufficient security solutions are still widespread.

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postheadericon New WannaCryptor-like ransomware attack hits globally: all you need to know

Numerous reports are coming out on social media about a new ransomware attack in Ukraine, which could be related to the Petya family.

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postheadericon Utah Now Has An 0.05 BAC Limit For DUI/DWI — What Concealed Carriers Need To Know

SALT LAKE CITY, UTAH — For those that like to chance it behind the wheel or in the holster, Utah lawmakers just dropped the threshold police need to accuse someone of Driving Under the Influence (DUI). But the new Utah initiative doesn’t stop with drivers — concealed carriers and gun owners are held under the same standards as those who operate heavy machinery.

via NPR

“The American Beverage Institute opposes the measure. The industry says a 120-pound woman can reach .05 with little more than one drink. The group argues that at that level, a driver is less impaired than a driver talking hands-free on a cell phone.

“But some public health experts have pushed for stricter limits. As recently as last year, the National Transportation Safety Board recommended that all states drop blood alcohol levels down to .05, to deter more people from drinking and driving.”

While Utah’s recent amendment of its standards only applies to those residing or traveling through Utah, those constraints are actually the recommended level set by a national agency. The National Transportation Safety Board issues recommendations to federal and state legislators. If the administration were ever to tie Department of Transportation funds to these new blood-alcohol level standards, it would push a large number of other states to head that way as well.

We’ve commonly said that it just doesn’t make sense to drink and carry a gun. Not only is a person’s judgement impaired while under the influence of alcohol, his faculties are also dulled. This can lead to slower reaction times and poor dexterity.

A BAC 0.05 isn’t high at all. A BAC of 0.08 can easily be achieved by most people after one to two drinks — as measured by either an ounce of 30-40% hard alcohol, 4 ounces of wine, or 12 ounces of beer.

So if you’re stopping by a social mixer and just happen to have a glass of cool suds before heading home, make sure you’re aware that you can get hit twice: once as an operator of a motor vehicle and again as a licensed concealed carrier.

The new law won’t take effect until December 30, 2018. After that time, it’s going to be a very expensive mistake to get behind the wheel while you have a gun on your hip.

Play it safe. Have a designated gun carrier and driver while you are out and about. It could save you more than just insurance costs and legal paperwork — it could potentially save your life or the life of someone around you.

Concealed Nation

postheadericon Children in a digital world ‘need lessons in online safety’

More needs to be done to better equip children for life in a digital world, according to a new report from England’s children’s commissioner.

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postheadericon IoT attacks: 10 things you need to know

IoT attacks are on the rise. As the technology becomes more relevant to our lives, we take a look at what the state of play is.

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