Carrying while Pregnant

There are lots of reasons not to shoot while you are expecting.  Noise, lead, chemicals…none of these are good for a baby. 

There are lots of good reasons to carry while pregnant.  As your body changes, your center of gravity changes.  Not experienced that yet?  Watch a woman who is in her third trimester walk.  She is leaning back to balance the tummy.  Her hips (the pelvic saddle) is under stress and spreading.  That protruding tummy is throwing her off balance, and making her feel very protective.  It also makes her more vulnerable.  It is difficult to move fast and react when your balance is off.  It shows.  This makes her vulnerable to bad guys who are looking for an “easy” target. 

Carrying concealed when you are in advanced pregnancy presents challenges.  You can’t see your feet, and your waist is a distant memory.  A bra holster isn’t accessible.  Strong side hip isn’t an easy option since there isn’t a waist.  So...what to do?  Consider a belly band, a wide piece of stretchy material with pockets for your gun and a Velcro attachment.  This can be worn under clothing or over slacks, wrapped under the tummy much like a pregnancy belt. 

If you are pregnant and choose to carry, I encourage you to practice your draw stroke, preferably with a blue gun.  Minimize handling your firearm and only shoot in defense of your life.  Don’t let the bad guys think you are an easy target.  Keep up your situational awareness. 

Note:  exposure to the chemicals, lead and noise associated with firearms are potentially dangerous.  This is not intended to be medical advice and you should make an informed decision, or consult your physician before carrying a firearm.

When Should I Carry My Gun?

I actually get this question a lot.  When should I carry my gun?  My answer?  Anytime you legally can!  Do I mean that literally?  Yes!  Out and about?  Yes!  In my home?  Yes!   

Out and about probably makes a lot of sense to most people, if you aren’t sure, remember that your gun in not a rabbit’s foot and it offers ZERO protection in your safe at home while you are being mugged in a parking lot.  Have you ever heard “Danger comes when we least expect it”?  Well, we should be expecting it because it can appear anywhere and in many forms.  At the ATM, in a parking lot, driving down the road, in a store, in a restaurant…  

 

What about carrying at home?  See the news lately?  Armed home invasions and even unarmed but violent home invasions are reported with alarming frequency.  There was a recent case in NJ caught on a nanny cam, the images are not for the squeamish, but it illustrates how brutal an attack can be.  That the victim now only survived, but had relatively minor injuries is a miracle. 

 

The point is, you never know when something will happen.  If you did, you would arrange to be someplace else.  You can’t predict the future, but you can increase your odds of survival.   

 

What about when you are someplace you can not legally carry a firearm?  Do you have other defensive tools at your disposal?  Pepper Spray?  Knife?  Flashlight?  Kubaton?  Do you know how to use them?  If not, learn!  These implements don’t help you if you do not know how to use them.   

 

Have you taken any self-defense training?  Not martial arts, but self-defense, there is a difference.  Martial arts are elegant, disciplined and structured.  Self-defense is rough, fast, dirty…Bad guys don’t play by Queensberry Rules.   

 

After reading all of the above, what is your first and best defense?  Awareness!  The faster you recognize danger the more time you have to respond, or if possible, get away. 

 

Safe Shooting

Follow Up to We All Make Mistakes

The information that follows was provided by a knowledgeable source, however, this should not be taken as legal advice or cited as such.  It is however, excellent information and good advice.

The outcome can vary state to state. From a civil, not criminal monetary fine, a summary citation for disorderly conduct to a third degree felony. In several states, concealed weapon with a permit in a restricted area without intent is not a felony but only a second degree misdemeanor.

The TSA has no arrest authority, but when they call the local police the locals will only call in the FBI if there is an indication fo a federal crime, otherwise local laws apply. In some states, where you are allowed to carry and have a permit, the individual has been told to take it back to their car. but usually there is an arrest even if the law enforcement officer has substantial evidence that the individual had no knowledge that the firearm was in the carry-on luggage But even with the arrest, that individual is normally innocent of criminal charges if he or she did not "KNOW" that the firearm was in the luggage.

If you're in New York, though, you're likely to see jail time.

All misdemeanor or felony offenses in such scenarios have a knowledge or "mens rea" element that requires the prosecutor for the State to prove that you knew that you were in actual or constructive possession of the weapon. In many of these cases, the person immediately explains to the TSA official or airport security that he or she did not know the weapon was in the carry-on luggage.

The Transportation Security Administration (TSA) has also started issuing notices of violation and civil penalty assessment orders in such cases. Because the regulations are civil and not criminal in nature, no knowledge requirement generally exists as an element of the violation.

The TSA provides that not all alleged violations result in a civil penalty assessment order. Instead, some violations will trigger only a "warning notice" or "letter of correction" or "no action."

In many cases, the first correspondence from the TSA is Notice of Violation that advises the individual that the TSA proposes assessing a civil penalty in an amount which does not exceed $10,000.00 for a violation of the Transportation Security Regulations (hereinafter "TSR"). If the TSA is unable to resolve the Notice of Violation by reaching an agreement with the individual who allegedly violated the regulations then the TSA will propose a civil penalty amount after reviewing all of the relevant facts and evidence contained in the investigative file.

For cases involving bringing a gun through the security screening area, the regulation violation is 49 C.F.R. Section 1540.111(a) of the TSR which provides that an individual may not have a weapon, explosive or incendiary on or about the individual's person or accessible property when performance has begun of the inspection of the individual's person or accessible property before entering a sterile area, or before boarding an aircraft.

Click here to read the Transportation Security Regulations and select Title 49, Section 1503.

Paying the Civil Penalty or Requesting a Formal Review Hearing

After the individual receives the Final Notice of Violation and Civil Penalty Assessment Order for a TSR violation such as 49 C.F.R. Section 1540.111(a) for bringing a gun, firearm or other weapon to the airport, the individual must take action within 15 calendar days of the date of that order.

The individual must either:

1. Pay the full civil penalty amount proposed in the Final Notice of Violation and Assessment Order that states the amount of the civil penalty;
2. Submit a civil penalty amount that is otherwise agreed upon by the U.S. Department of Homeland Security NOV Program Office (TSA-801) as documented in a separate Order Assessing Civil Penalty; or
3. Request, in writing, a Formal Hearing to seek review of the basis for, or amount of the civil penalty.
• The individual must file a typewritten or legible handwritten "Request for Hearing" with the Enforcement Docket Clerk which is dated and signed by the individual in accordance with 49 C.F.R. Section 1503.16 of the TSR;
• The individual must mail the request for a hearing to the ALJ Docketing Center, Attn: Enforcement Docket Clerk, U.S. Coast Guard, 40 S. Gay Street - Room 412, Baltimore, MD 21202-4022;
• The individual must also main a copy of the "Request for Hearing" to the United States Department of Homeland Security, Transportation Security Administration (TSA), NOV Program Office (TSA-801), 601 S. 12th Street, Arlington, VA 20598-6801.

For many individuals, the proposed penalty is excessive given their economic circumstances. Negotiating with the NOV Program Office may result in a substantially lower penalty. Other direct and indirect consequences attach, including enhanced penalties for a subsequent violation.

TSA's Enforcement Sanction Guidance for Bring Weapon to Airport

In determining the amount of the civil penalty, the TSA will consider certain aggravating factors including:

1. Artful concealment;
2. Number of weapons, or volume of explosives and incendiaries;
3. Type of weapon, explosive or incendiary;
4. Display or use of weapon, explosive or incendiary;
5. Past violation history of violator;
6. Experience level of violator (e.g., airport/air carrier employees are trained and experienced).;
7. Evidence of intent to interfere with operations (e.g., testing the system with a prohibited item, attempting to enter sterile area with prohibited item after previously being allowed to leave in order to divest); and
8. Attitude of violator.

The TSA will also consider certain mitigating factors such as:

1. Disclosure by violator;
2. Inexperienced flyer;
3. Violator is a juvenile; and
4. Other penalties assessed by federal, state, or local law enforcement.

A. Security Violations by Individuals for Prohibited Items Discovered at Checkpoint/Sterile Area/Onboard Aircraft - Applicable TSA Regulation: 49 C.F.R. § 1540.111(a)

Weapons

• Firearms

i. Loaded (or accessible ammunition) - $3,000 - $7,500 Plus Criminal Referral

ii. Unloaded - $1,500 - $3,000 Plus Criminal Referral

• Other weapons (this category includes sharp objects, club-like items, and other prohibited items, other than firearms, that may be used as a weapon. - $250 - $1,500

• Disabling chemicals - General penalty range - $250 - $1,500

• Incendiaries - General penalty range - $250 - $1,500

• Explosives

1. Blasting Caps, Dynamite, Hand grenades, Plastic explosives & All other “high explosives” - $6,000 - $10,000 Plus Criminal Referral
2. Ammunition (note: See exception for ammunition in Checked Baggage, 49 C.F.R. § 1540.111(d)), Fireworks, Flares in any form, Gunpowder (note: volume over 10 ounces standard package justifies use of Penalty Range A.)- $250 - $1,500

Concealed Carry when you are Pregnant

Most of us understand that going to the range while you are expecting is probably not a great idea.  The lead, the noise...none of it is good for the baby.  However, as your tummy grows, your center of balance is shifted, you may feel more vulnerable and want to continue to carry concealed, but how?  This question has come up a couple times so I'd like to offer a couple options here.

After a lot of thought, and asking several women who have kids, we all came to the same conclusion, a Remora holster. Once you move from “regular” clothing to that with a stretchy panel, there is no belt to secure a holster, you need something you can tuck in to the general are of the strong side hip, shifting for comfort and the movement of your baby. If you are wearing a dress, your options are more limited, especially the closer you are to your due date as you probably can’t see your feet, let alone reach your thigh. At that point you might consider a sized up Belly Band (the stretchy band with the pockets for magazines and your gun). Wear it like a maternity belt, wrapped low under your belly. Yes, you run the risk of showing the world your Tuesday panties on Thursday if you have to draw, but it is better than being without your gun.

Stay Safe!

When should I carry?

I had an interesting discussion with my husband as we were getting ready to go to his parent’s home for Christmas dinner. He noticed my holster and asked if I was carrying a gun to Christmas dinner? (Understand that he is not a gun-toting guy, but is incredibly supportive of my choice to do so.) I had to think about how to answer, my first response was “of course, why not?” Then I realized he felt we were just going to his parent’s home, why did I need it? Well, for the same reason I carry to the grocery store, or to the park or to a restaurant…because you never know. Once I finished dressing, I let him confirm that it was well concealed, and they wouldn’t know. I even offered to leave it in the little safe in the car once we got there. Bottom line, I didn’t think we would need it at his parents’ home. However, we had a 45-minute drive each way, would be coming home after dark. What is something happened on the road? What if we decided to stop somewhere along the way? The question probably shouldn’t be when should I but when shouldn’t I carry? My response is only when I’m going someplace it is illegal for me to carry. There aren’t a lot of those in Virginia. If I was going somewhere I thought I might “need” a gun, why would I go there? I would probably pick a different place to go. My goal is not to shoot someone but to be able to defend myself and my family if necessary. The key word in concealed carry is CONCEALED. If someone can see it, it isn’t concealed. We don’t need to advertise or make ourselves a target. We do have the right to defend ourselves. I have often said I will not start a confrontation, and I will walk away if I can. But if I’m given only two choices; fight, or suffer serious injury or death, I will fight. At that point, the aggressor has made the decision that one of us is going to get hurt. I have made the decision to defend myself. There is a very important concept there. I haven’t decided to go out and hurt someone. Carrying a concealed firearm doesn’t make me aggressive. If anything, it makes me more anxious to avoid a bad situation. Having a gun also doesn’t make me complacent, just the opposite. I’m more alert to my surroundings, more aware of who is near, who could be a threat, where someone might be hiding… Be alert, be safe and don’t let them see you print.