Armed COVID-19 Protests Exploit "Open Carry Loophole" - Everytown Research
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Armed COVID-19
Protests Exploit
“Open Carry Loophole”
Armed demonstrators
in Michigan on April 15,1
left, and April 30,2 right.
In 35 states, civilians For three consecutive weeks, small numbers of armed protesters, openly carrying
may openly carry semi-automatic rifles, have attended rallies in and around the Michigan State
loaded long guns Capitol organized to protest the governor’s extension of the state stay-at-home
around state capitol order. At similar rallies at the Kentucky, Ohio, Pennsylvania, and Wisconsin state
buildings. houses and in the streets of Raleigh, Dallas, Pittsburgh, Denver, Salt Lake City, and
Crown Point, gun rights extremists have used state lockdown protests, as more
recently protests spurred by the death of George Floyd, as opportunities to openly
display military-style firearms to incite fear, suppress civil discourse, and threaten
public safety.3
The violent rhetoric accompanying the open carry has been steadily increasing.
Protesters in Kentucky 4 and Michigan have displayed effigies of the states’
governors hanging in nooses, and it was reported that members of private
Facebook groups who were planning the Michigan protests were also making
threats of physical violence. 5 Armed protesters descended on the home of
Ohio’s state health director.6 One organizer in North Carolina, who attended
demonstrations while armed, filmed a video saying he was “willing to kill people.”7
And in Colorado, a major healthcare provider was threatened with “severe
consequences,”8 if it did not end its quarantine order and a man who used
social media to encourage people to bring assault rifles to a protest was arrested
for possession of several illegal pipe bombs.9
1 everytownresearch.org/covid-armed-protests June 2020
Gun rights extremists are able to mount these intimidation campaigns because
in most states it is legal to open carry loaded firearms at or around state capitol
buildings or demonstrations. This is largely due to the absence of state laws
prohibiting the open carry of firearms in public, commonly known as the “open
carry loophole.” Few state legislatures have addressed the legality of the “open
carry loophole” because responsible gun owners have not traditionally openly
carried firearms in public.
Open Carry
of Long Guns
State Law is Silent or
Explicitly Authorizes
(41)
State Law Requires
Carry Permit (4)
State Law Prohibits
(5 + DC)
Open Carry of Long
Guns on Capitol
Grounds and/or
Demonstrations
Allowed at Both (33)
Allowed on Capitol
Grounds Only (2)
Allowed at
Demonstrations Only (9)
Prohibited at Both
(6 + DC)
2 everytownresearch.org/covid-armed-protestsIn 41 states, civilians Thus, while a majority of states require a permit to carry a concealed handgun in
can open carry loaded, public, in 41 states, it is legal for civilians to openly carry loaded, semi-automatic
semi-automatic rifles rifles in public without a permit.10 In two-thirds of the 41 states, a person openly
without a permit. carrying a long gun may never have passed a background check since no permit
is required for open carry and no background check is required on unlicensed
sales of long guns.11 In 35 states, civilians may openly carry loaded long guns
around state capitol buildings.12
Open carry is a dangerous policy opposed by law enforcement as well as the
public. A visible gun has been found to make people more aggressive; therefore,
open carry makes it more likely that disagreements will turn into violent conflicts.13
For example, seventy-five percent of Texas police chiefs responding to a 2015
survey opposed open carry policies14 because it can make it more difficult for
law enforcement to respond to shooting incidents and distinguish suspects from
other members of the public openly carrying firearms. Polling in Texas, where
open carry is lawful, demonstrates that a significant portion of citizens in that
state similarly oppose the open carry of firearms.15 The open carry of loaded
firearms during any demonstration increases the likelihood that such an event
will escalate into a dangerous or deadly situation.
Nevertheless, a small number of gun rights extremists, some with ties to militia
and extreme anti-government groups, are promoting armed attendance at
demonstrations across the country.16 The National Rifle Association (NRA)
supports unfettered open carry17 and has failed to repudiate these protests and
the intimidation tactics being deployed. In fact, multiple NRA board members
are publicly supporting and promoting protests,18 opting to align themselves
with fringe groups in an attempt to help the struggling organization19 maintain
relevance with far-right extremists. But the dangers inherent to the open carry
of firearms in demonstrations are very real, and a new Department of Homeland
Security (DHS) memo, reportedly the fifth DHS memo in the last two months
warning law enforcement agencies about the recent mobilization of domestic
terrorists, warns that recent protests spurred by the death of George Floyd may
provide a new opportunity for violent, armed incitement by “militia extremists”
who oppose gun ownership laws and will exploit protests over police brutality
to incite a civil war.20 Armed extremists have already shown up at recent
protests in Denver and Salt Lake City.21
Regulating open The open carry of firearms, violent rhetoric, and rising tensions are a dangerous
carry does not run combination. State and local leaders should close the open carry loophole
afoul of the 1st or 2nd and regulate open carry, particularly at demonstrations held on capitol
Amendments. grounds. The common sense actions below would protect public safety,
help keep demonstrations peaceful, and do not run afoul of the First or
Second Amendments.22
Legislative Options for Addressing
the “Open Carry Loophole” 23
❶ Prohibit the open carry of firearms in public.
❷ Prohibit firearms at demonstrations held on public property.
❸ Ensure local officials have the authority to regulate firearms at demonstrations.
3 everytownresearch.org/covid-armed-protests1. Jeff Kowalsky, “People Take Park in a Pro- 8. David Choi, “A Major Healthcare Provider 18. On April 15, 2020, Ted Nugent wrote
test for ‘Michiganders Against Excessive Received a Threatening Email to End the on Facebook that Michigan protesters
Quarantine,’ at the Michigan State Capitol in Lockdown 'or Face Severe Consequences.' “are my real Michiganiac shitkickers!”
Lansing, Michigan on April 15, 2020,” 2020 Police Said It Wasn't a Crime,” Business (https://www.facebook.com/tednugent/
(Getty Images), https://www.gettyimages.ae/ Insider, May 6, 2020, https://www.busi- posts/10157391883687297?__tn__=-R); On
detail/news-photo/people-take-part-in-a- nessinsider.com/colorado-quarantine-civ- April 22, 2020, Willes Lee tweeted, “Lying
protest-for-michiganders-against-news-pho- il-war-threat-email-2020-5. media and corrupt Dems want America
to/1210050182?adppopup=true. 9. Clayton Sandell, “Colorado Man Planning closed. First they bitch that Trump isn’t a
2. Senator Dayna Polehanki, Twitter post, April Armed Protest against State’s Coronavirus king to order states to open .... then they
30, 2020, 12:38 p.m., https://twitter.com/ Restrictions Arrested for Pipe Bombs,” ABC whine that he needs to order Kemp to keep
SenPolehanki/status/1255899318210314241. News, May 4, 2020, https://abcnews.go.com/ GA closed. #corruptDems #talkingpoints
3. Abigail Censky, “Heavily Armed Protesters US/colorado-man-planning-armed-pro- #openAmerica #MAGA.” (https://twitter.com/
Gather Again at Michigan Capitol to Decry test-states-coronavirus-restrictions/sto- WillesLee/status/1253140476196159495);
Stay-At-Home Order,” NPR, May 14, 2020, ry?id=70491370; United States Attorney’s On May 18, Lee also shared a COVID-re-
https://www.npr.org/2020/05/14/855918852/ Office, District of Colorado, “Northern lated conspiracy theory about Bill Gates:
heavily-armed-protesters-gath- Colorado Man Arrested for Possessing Pipe “This guy is sooo dirty. https://www.
er-again-at-michigans-capitol-denounc- Bombs,” news release, May 3, 2020, https:// zerohedge.com/markets/italian-politician-de-
ing-home-order; see also Daniel Villarreal, www.justice.gov/usao-co/pr/northern-colora- mands-bill-gates-arrest-crimes-against-hu-
“Michigan Closes Down Capitol in Face of do-man-arrested-possessing-pipe-bombs. manity” (https://twitter.com/WillesLee/
Death Threats from Armed Protesters Against 10. Five states (CA, FL, HI, IL, and TN) and the status/1262547230440828928); Marion
Gov. Whitmer,” Newsweek, May 14, 2020, District of Columbia prohibit the open carry Hamer called COVID-19 statistics in Florida
https://www.newsweek.com/michigan-closes- of loaded long guns. Four states (IA (within “deliberately deceptive” (“Florida NRA leader
down-capitol-face-death-threats-armed-pro- the limits of any city), MA, MN and NJ) require Questions Local Coronavirus Stats, Suggests
testers-against-gov-whitmer-1504241; Robert permits to openly carry long guns. Pennsyl- They're 'Deliberately Deceptive.’” Tallahas-
J. Spitzer, “Why Are People Bringing Guns to vania requires a carry permit in cities of “the see Democrat, May 26, 2020, https://www.
Anti-Quarantine Protests? To Be Intimidating,” first class,” defined as a city with a population tallahassee.com/story/news/2020/05/26/
Washington Post, April 27, 2020, https://www. of one million or more (i.e., Philadelphia), only top-nra-official-florida-questions-local-coro-
washingtonpost.com/outlook/2020/04/27/ and is included among states that allow open navirus-statistics/5256829002/); Anthony
why-are-people-bringing-guns-anti-quaran- carry of long guns without a permit. Colandro knowingly violated New Jersey’s
tine-protests-be-intimidating/; Associated 11. In addition to the five states (and DC) that stay-at-home order to attend an anti-quar-
Press, “National Guard Called Out in Utah prohibit the open carry of loaded long guns, antine protest, and said, "This plandemic
After Violence,” Associated Press, May 30, ten states (AR, CO, IN, MO, NC, OK, OR, TX, is a bunch of bullshit now. Now they want
2020, https://www.8newsnow.com/news/ WA, and WV) prohibit the open carry of loaded microchipping and cellphone apps and they
national-guard-called-out-in-utah-after-vio- long guns on capitol grounds. want to quarantine us in camps and stuff.
lence/; Erik Maulbetsch, “Denver Police Seized 12. These states are: AL, AK, AR, AZ, GA, ID, IN, What's coming next?" (Sydney Hargis, “NRA
Assault Rifles from Anti-Govt Gun Activists KS, KY, LA, ME, MI, MS, MO, MT, ND, NE, NH, Board Member Encouraged People to Attend
at Friday Night Protest,” Colorado Pols, May OH, OK, SC, SD, TX, UT, WI, WV, and WY. Protest against Social Distancing: ‘They Can’t
31, 2020, https://www.coloradopols.com/ 13. Jennifer Klinesmith, Tim Kasser, and Francis T. Arrest All of Us,’” Media Matters for America,
diary/140698/denver-police-seized-assault- McAndrew, “Guns, Testosterone, and Aggres- April 30, 2020, https://www.mediamatters.
rifles-from-anti-govt-gun-activists-at-friday- sion: An Experimental Test of a Mediational org/coronavirus-covid-19/nra-board-mem-
night-protest; Lauren Strapagiel, “Armed Hypothesis,” Psychological Science 17, no. ber-encouraged-people-attend-pro-
White Men Showed Up To A Black Lives Matter 7 (2006) http://faculty.knox.edu/fmcandre/ test-against-social-distancing); see also Matt
Protest In Indiana,” Buzzfeed News, June 4, guns-testo-aggress.pdf. Cohen, “How the NRA Is Using Coronavirus
2020, https://www.buzzfeednews.com/article/ 14. Tom Benning, “75 Percent of Texas Police Fears to Drive Up Gun Sales,” Mother Jones,
laurenstrapagiel/crown-point-indiana-black- Chiefs Responding to Survey Oppose Open May 8, 2020, https://www.motherjones.com/
lives-matter-guns. Carry,” February 13, 2015, https://www. politics/2020/05/how-the-nra-is-using-coro-
4. Sarah Ladd, “Beshear Hanged in Effigy as dallasnews.com/news/politics/2015/02/13/75- navirus-fears-to-drive-up-gun-sales/.
Second Amendment Supporters Rally at percent-of-texas-police-chiefs-responding- 19. Tim Mak, “Secret Recording Reveals NRA's Le-
Capitol before Memorial Day,” Louisville to-survey-oppose-open-carry/. gal Troubles Have Cost The Organization $100
Courier Journal, May 24, 2020, https:// 15. Ross Ramsey, “UT/TT Poll: Voters Less Open Million,” NPR, April 21, 2020, https://www.npr.
www.courier-journal.com/story/news/poli- to Open Carry,” Dallas Tribune, Febru- org/2020/04/21/839999178/secret-recording-
tics/2020/05/24/second-amendment-sup- ary 24, 2015, https://www.texastribune. reveals-nras-legal-troubles-have-cost-the-or-
porters-protest-covid-19-restrictions-capi- org/2015/02/24/uttt-poll-voters-less-open- ganization-100-mill; see also nrawatch.org.
tol/5250571002/. open-carry/?. 20. Betsy Woodruff Swan and Natasha Bertrand,
5. Katie Shepherd and Moriah Balingit, “A Noose, 16. Bryan Armen Graham, “‘Swastikas and “‘Domestic Terrorist Actors’ Could Exploit
an Ax and Trump-Inspired Insults: Anti-lock- Nooses’: Governor Slams ‘Racism’ of Michigan Floyd Protests, DHS Memo Warns,” Politico,
down Protesters Ratchet up Violent Rhetoric,” Lockdown Protest,” The Guardian, May June 1, 2020, https://www.politico.com/
Washington Post, May 15, 2020, https://www. 3, 2020, https://www.theguardian.com/ news/2020/06/01/dhs-domestic-terror-
washingtonpost.com/nation/2020/05/15/ us-news/2020/may/03/michigan-gretch- ists-protest-294342.
noose-fight-coronavirus-protest/. en-whitmer-lockdown-protest-racism); 21. Associated Press, “National Guard Called Out
6. Griff Witte, “Ohio’s Amy Acton Inspires Sara Burnett, “Michigan Militia Puts Armed in Utah After Violence,” Associated Press, May
Admiration, and a Backlash, with Tough Coro- Protest in the Spotlight,” Associated Press, 30, 2020, https://www.8newsnow.com/news/
navirus Response,” Washington Post, May May 2, 2020, https://apnews.com/c04cc1df- national-guard-called-out-in-utah-after-vio-
18, 2020, https://www.washingtonpost.com/ 0c958053489bd24bb7fce93f. lence/; Erik Maulbetsch, “Denver Police Seized
national/a-white-coated-hero-or-a-medical- 17. Michael Muskal, “NRA Apologizes for Calling Assault Rifles from Anti-Govt Gun Activists at
dictator-ohios-amy-acton-inspires-admira- Texas Open-Carry Gun Demonstrators Friday Night Protest,” Colorado Pols, May 31,
tion-and-a-backlash-with-tough-coronavirus- ‘Weird’,” Los Angeles Times, June 4, 2014, 2020, https://www.coloradopols.com/dia-
response/2020/05/17/fa00cd1c-96d4-11ea- https://www.latimes.com/nation/nationnow/ ry/140698/denver-police-seized-assault-rifles-
82b4-c8db161ff6e5_story.html. la-na-nn-nra-apologize-texas-long-gun-open- from-anti-govt-gun-activists-at-friday-night-
7. Steve Wiseman, “Husband of ReOpenNC carry-20140604-story.html. protest.
Leader Says He’s ‘Willing to Kill People’ to 22. Eric Tirschwell and Alla Lefkowitz, “Prohibiting
Fight Government Control,” News & Ob- Guns at Public Demonstrations: Debunking
server (Raleigh, NC), May 24, 2020, https:// First and Second Amendment Myths After
www.newsobserver.com/news/local/arti- Charlottesville,” UCLA Law Review, April 5,
cle242971806.html. 2018, https://www.uclalawreview.org/prohibit-
ing-guns-at-public-demonstrations.
23. In the absence of legislative actions, states
and localities can also consider enforcing
generally applicable criminal law—all 50 states
criminalize armed intimidation—and increasing
penalties for intimidation and the illegal use of
firearms. Tirschwell and Lefkowitz, “Prohibiting
Guns.”
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