August 11, 2009 10:30 PM

Gun-Toting Man Draws Scrutiny Outside Obama Town Hall

By
Declan McCullagh
Topics
Social Issues
(AP Photo/Jim Cole)
An Opinion Column From Declan McCullagh:

New Hampshire state law is pretty clear about protecting its citizens' rights to carry firearms in public. Carrying a pistol or revolver openly is permitted without a license; carrying a concealed weapon requires a license from the state or local police.

William Kostric took advantage of that law on Tuesday to show up outside President Obama's Portsmouth, N.H. town hall meeting and hold a sign saying "It Is Time To Water The Tree Of Liberty." That invokes a phrase from a letter written by Thomas Jefferson: "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."

Kostric did not immediately respond to an interview request from CBSNews.com.

Portsmouth police spokesman Lt. Frank Warchol told the Boston Globe that because Kostric was on private property -- it belongs to a church near the school with the town hall meeting -- he would not be arrested. "We can't do anything about it," Warchol said. "Obviously he's on our radar screen at this time."

Kostric was there around 11 a.m. ET, before Mr. Obama even left the White House en route for the Granite State, and there's no indication he ever laid eyes on the president. Nevertheless, around that time (11:35 a.m., to be precise) MSNBC's Carlos Watson called for Kostric to be forcibly disarmed: "I cannot imagine that there aren't enough lawyers in New Hampshire who can't file some sort of emergency injunction." One of his guests added: "Why can't we get rid of him now?"

MSNBC's Chris Matthews invited Kostric on his show and wondered why "you're carrying a goddamned gun at a presidential event?" (Kostric's reply: He was there peacefully, guns aren't unusual in New Hampshire, and Americans lose rights unless they exercise them.)

One MSNBC.com report indicates that Kostric was approached by a detective, possibly a Secret Service agent, who told him he could be arrested within 1,000 feet of a school with a weapon under a federal law.

Some background: the 1990 Gun-Free School Zones Act said that it "shall be unlawful" to possess a firearm within 1,000 feet of an elementary or secondary school.

That law is no longer on the books. In the case of U.S. v. Lopez, decided in 1995, the U.S. Supreme Court said violated Congress' powers to regulate interstate commerce and was therefore unconstitutional.

Congress re-enacted a version in 1996 with a narrower definition of interstate commerce; it says the statute does not apply "on private property not part of school grounds" or to anyone with a carry permit, with Kostric may or may not have.

It's reasonable to not understand the intricacies of gun laws; many vary from state to state, and few are written especially clearly.

But you'd hope that television commentators would take the time to learn at least a little before calling for measures such as court injunctions and disarming by police. One thing that MSNBC's hosts could have added is that a lawsuit filed last week in Washington, D.C. seeks to establish a broad Second Amendment right to carry firearms in public -- which, if successful, could mean that William Kostric's exercise in public handgun ownership will become much more commonplace.
Declan McCullagh is a correspondent for CBSNews.com. He can be reached at declan@cbsnews.com.

  • Declan McCullagh is the chief political correspondent for CNET. Declan previously was a reporter for Time and the Washington bureau chief for Wired and wrote the Taking Liberties section and Other People's Money column for CBS News' Web site.

Add a Comment See all 108 Comments
by zysus November 4, 2010 9:37 PM EDT
MSNBC's comments are shameful.

It is the 1st amendment that protects their right to make such comments. Just as it was this gentleman's right to keep and bear arms.

It is vitally important to society that such rights be interpreted for the protection of the citizens from their government.

This applies universally. Not just when you like or dislike a persons actions or a particular right is inconvenient to the situation. Or you are a gun-hater (for no rational reason). Try criticizing a politician in china. See what happens. Try being a Jew in Nazi Germany. One of the first things Hitler did was outlaw private firearm ownership. We all know how that turned out.

The fact that he was near a political figure is totally irrelevant to the discussion. Obama's right as President to hold a town hall meeting is no more important than this man's right to bear arms. If the SS doesn't like this persons behavior, so long as it is not criminal, then they can move the President to a 'safer' or restricted location, not a publicly available place. The President is not above the law. Nor does it (nor should it) bend to his will when handy. Ask Nixon.

Also, why does every gun-hating liberal assume automatically that someone carrying a firearm is going to shoot someone? Do the police go around randomly shooting people? Not generally. They all carry guns. Why would a private citizen be any more or less dangerous? And before anyone says 'police are trained'. You can shove it. Many officers don't handle their service weapon other than for qualifications. So the proficiency is probably equivalent. And under stress that point is moot anyway.

Liberal emotion falls apart under rational thought, historical perspective and historical facts.
Reply to this comment
by miss12345 September 13, 2009 12:36 PM EDT
No firearms/guns other than Official Presidential Protection should be allowed near the President or Vice President (or any Official of our country), Presidential speech or otherwise. I'm recalling that peaceful protestors (without any firearms/guns) wearing t-shirts with slogans that questioned bush's motives, were escorted away from any areas where Bush was making speeches, and here in NYC, during the Republican National Convention... many bicycles were taken away from riders/protestors, and impounded by the city police(without any charges being filed), with many bicyclists being penned in with nets. If any protestors openly carried guns and rifles in view of where Bush was giving a speech, do you think it would have been tolerated? No! Those people would have been arrested and their firearms confiscated. And it is not something that Obama's security team should be allowing. The media should inform the public as well that no firearms can be brought near our President or Vice President during speeches, etc., or they will be confiscated; period. Protestors in favor for the NRA and what stands for/means to them, can wear t-shirts and carry signs like any other "normal" peaceful protestor.
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by tar637L August 13, 2009 7:28 PM EDT
Why does everyone think that all republicans have man-love for Limbaugh??
Reply to this comment
by tar637L August 13, 2009 7:21 PM EDT
Revolting against Corporate Greed??? The reasons most people voted for the president are: liberal ('not involved in Iraq war')and African American (from Hawaii).
As for the guy with the gun, he never fired a shot, never un-holstered his weapon, had a permit, had permission to be on the property. He was perfectly legal in all his actions!!! He went there to protest Obama's actions, which have not been that legal!! Where does it say he can seize banks, and privately owned businesses??? Where were the warrents mandated by the constitution? Where was the probable cause of a crime?
ABSOLUTELY NONE existed!!! If anyone should have been the president, for theft!!!
Reply to this comment
by spidur August 13, 2009 6:14 PM EDT
I personally would have felt safer for myself, my wife and my child standing near Mr. Kostric during this event. He is a law biding citizen who loves and values his constitutional rights! (they are not constitutional privilages chitown) I dream of a world where more law biding citizens bear arms! If guns were outlawed, then only outlaws would carry guns. Guns don't kill people, people kill people! I actually had a neighbor that killed his wife with a hammer. I believe that he had a firearm in the household. Which leads me to another point... Any weapon can be used as a tool, any tool can be used as a weapon. Let's outlaw hammers!
Reply to this comment
by ebd10 August 13, 2009 5:20 PM EDT
The people that scoff at a man that peacefully exercise his rights deserve to get the government healthcare plan good and hard.
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by thirdpartyvote August 13, 2009 12:49 AM EDT
Nobody is going to commit violence at those town halls. This is media spin.
Reply to this comment
by pfeifferpack August 12, 2009 4:42 PM EDT
It seems to me that Mr. Kostric was doing everything possible to try to get a confrontation with authorities/police so he could have a public forum on gun rights. It is sad he got the forum anyway.

This country is supposed to run on the ballot not the bullet but after President Obama won by such a large margin it seems those in the small group who did not want him to win are willing to flirt with the former.
Reply to this comment
by jonmerritt August 12, 2009 4:28 PM EDT
All of the "OH MY GOD A GUN!!!" people, just don't get it. The reason why they can run there mouth and voice there opinion, even with out knowing what there basic rights are (pssst----it's called the constitution), you should try reading it befor you run off at the mouth. And know the absolute fact, those guns in the hands of our citizens are the reason why, to this day, you can spout your uneducated opinions about something you don't have the first clue about. Such as the 2nd amendment in the constitution. If you don't belive it, then shut up! It also spells out your right to free speech!!! Among many other rights granted by GOD! Not granted by the government.
Reply to this comment
by pfeifferpack August 12, 2009 4:43 PM EDT
Their not there and I just don't see God with a gun or having any interest in gun rights.
by mmgrant73 August 12, 2009 3:59 PM EDT
This guy is not from the right. He is a free state project member www.freestateproject.org. Get you fact straight
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