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Irresponsible Gun Owner of the Day: Derek Mendiola

Gun guru Rob Pincus thinks open carry’s a bad idea; it frightens the horses. Sheep? Whatever. I disagree. More precisely, I’m past caring. With a tsunami of gun control legislation threatening to swamp the Second Amendment in California, Connecticut, Colorado, New Jersey, Maryland, Massachusetts, Minnesota, Rhode Island and maybe even federally; whether or not a state “allows” open carry is a moot point. Firearms freedom fence straddlers—who might be “put off” by the sight of Americans exercising their Constitutionally protected right to keep and bear arms—have already been marginalized. So why not do it? In fact, open carry could become the gun rights movements’ Stonewall, only without the riots (hopefully). To wit this from Tennessee. All that said, anyone who points a gun at his hand is an irresponsible gun owner. Period.



  1. avatar joe says:

    I would open carry (Nevada.. allowed) if I didn’t work in a hospital all day (victim rich zone)… It’s not a bad idea, if enough people open carry and the wild west doesn’t break out (it won’t), then we would have a great argument that more guns doesn’t equal chaos.

  2. avatar Skeev says:

    That could really open a precedent for being allowed to do ANYTHING on private property since the “private property” loophole allows someone to override the states constitution.

    Does this mean that Sears can openly discriminate against people based on ethnicity or religion? It is private property after all.

    1. avatar DBeans says:

      Private property is a good thing. Your right to own a gun and to protect yourself is based on it. If they want to be victim’s and customers who don’t care about being unprotected still want to be patrons its entirely their risk.

      1. avatar Don says:

        I think if private property is open to the public, then it should be open to the public.

        1. avatar Sammy says:

          And the public’s rights.

        2. avatar David says:

          I agree with you, Don. Because you don’t lose your right to free speech when you go to Sears either. Or any other open to the public venue.

        3. avatar JMS says:

          Actually you do lose your right to free speech. For instance, you couldn’t have a protest on the mall’s private property if they didn’t want you do. This is why you see these sorts of things happening out on the public sidewalk when people protest various businesses. The mall CAN kick you out if you are on their property and saying things they do not want you to say, or causing any sort of disturbance, OR FOR NO REASON AT ALL. “we reserve the right to refuse service” and all that.

          Now, laws have decided that most forms of discrimination against protected classes (race, religion, sexual orientation, gender, etc) wouldn’t fly. But… it’s private property and they can do what they want and should be allowed to. I think if they wanted to have signs that said “no black people” or “no jews” or “no red t-shirts” or “no speaking when in our mall” then they should be 100% allowed to. People would vote with their wallets. It’s their property, it should be their right to set whatever sort of rules and restrictions they want. And I’m Jewish, just to be transparent. And I wouldn’t shop in a place that tried to ban any group of people, just like I won’t shop in a place that bans firearms. I can’t go in one of my local malls because of that, so I order the things I might otherwise get there online. Easy enough. I don’t begrudge them their right to set restrictions on their property.

        4. avatar Josh says:

          Ditto what JMS said. Important to know. (And those federal laws are unconstitutional.)

    2. avatar Bob says:

      If it’s privately owned the owners should be allowed to make whatever rules they want. Otherwise, how could they be considered free?

      1. avatar blinkypete says:

        Bob speaks wisdom.

    3. avatar int19h says:

      This has always been the case. The Constitution, by and large, limits the ability of the government to restrict your rights anywhere (and the 14th Amendment extends most of this to state governments as well). It doesn’t say much about the ability of other people to restrict the rights of others on their property. We have some regular laws limiting the ability of private owners to restrict access to public property (e.g. on the grounds of race), but those are just laws, not fundamental principles.

  3. avatar EagleScout87 says:

    Well if nothing else, the news advertised that this mall is a gun free zone.

  4. avatar Don says:

    Discretion is more often than not the better part of valor. And usually smarter. Mulford Act anyone?

  5. avatar foxmuldar says:

    I must admit this seems rather odd. Its legal to open carry but not legal to carry conceiled without a permit? I like the idea of open carry but I can understand many folks getting paranoid everytime they see someone with a gun out in the open. Maybe In places like Tennessee or Texas they fell different. I wish we had an open carry here In Pennsylvania. Im looking into buying a gun for self protection and maybe later a concealed carry permit. What I’m seeing now is that it might be harder to find ammunition for a gun perhaps the new Glock GS30 Im considering buying then the gun itself.

    1. avatar Don says:

      We do have open carry without a permit here in Pennsylvania. Everywhere except Philadelphia or while in a motor vehicle. In Philadelphia or in a motor vehicle you can open carry only if you have a LTCF.

      If it is your only option then do it, but I think advertising puts you at an immense tactical disadvantage and it does more to harm than help the gun rights cause.

    2. avatar joe says:

      If ammo is a concern (it is:) buy a 9mm or 45cal concealed semi-auto, or a 380 revolver, they are the most common used and therefore the most likely to be found without breaking the bank… my local gun stores have a glut of 40cal guns because nobdoy can find ammo for them, but the local guy always has a few boxes of 9 and 45…and no guns left in that caliber for that reason 🙂 just my 2 cents…

  6. avatar Nick says:

    The only issue I have is that shoulder holster is flagging every one in line behind him.

    1. avatar Jerryboy says:

      and carrying on your hip is flagging everyone on the floor below you when you’re in a 2+ story building. so better just to leave it in the car. but wait! if you leave it in your car it could fire and the sparks from the muzzle blast could catch the gas tank on fire, so better to leave it at home. then again, if you leave it at home it could accidentally fire itself and go through the walls of your home and kill everyone in your neighborhood, so just go ahead and turn it in at the nearest gun buyback.

      or you could just accept the fact that when a weapon is holstered it is safe, as long as the weapon fits the holster properly.

  7. avatar Alex Peterson says:

    Type in “open carry” into YouTube and enjoy the show. The videos prove that we know gun laws better than most of law enforcement. Get ready to see constant violations of not only 2A, but also 4A.

    1. avatar FredCal says:

      4A has been under constant attack since 1981. It had been under intermittent attack for sometime before that.

  8. avatar Bob says:

    I think pa has open carry but I’m only comfortable carrying concealed. A good way to maybe test the open carry mood in your area might be to try it out with an airsoft or even a toy gun. That way if people freak out and the 5.0 show up you’ve not done anything wrong and they don’t confiscate your real heater…not that they legally could but I don’t know that I’m willing to take that chance with some uninformed cop.
    Of course if the shtf you’ll be in a bad way with a fake heater. Maybe roll with the fakie on the outside and the real one concealed?

  9. avatar Skyler says:

    I saw nothing irresponsible.

    But I confess that I do not like that style of shoulder holster. I do not like walking behind someone whose gun is pointed right at me. Shoulder holsters should point down, no rearward.

    1. avatar mountocean says:

      While we’re on the style subject they also shouldn’t flap in the breeze like a baggy sweatshirt or be worn outside of baggy sweatshirts with basketball baseball caps and screen-printed devil tee shirts.

      If the hardware store manager had seen a young man in clean jeans and a pressed shirt with a regular holster on his hip, Mr. Mendiola would have had a lot better chance of buying his tools without incident. That said, he did keep his cool and the news crew took the whole subject seriously.

  10. avatar LongBeach says:

    Am I mistaken or are shoulder holsters to be worn under a cover garment, a la sport coat? The only time I’ve ever seen one just haaaaangin’ out is on cop shows when the cops are in the precinct, coat off, sleeves rolled up doing cop talk or whatever it is cops do… Oh yeah and Jax Teller on Sons Of Anarchy. But Jax is a badass and he don’t let nobody tell him what to do. I still want a shoulder rig though…

  11. avatar mchad says:

    I don’t have a problem with open carry. I have a problem with morons open carrying obnoxiously and being jerks about it so that they can post a video on youtube of themselves doing it and being jerks about it to law enforcement.

  12. avatar Wiebelhaus says:

    I’m sure that policy works real well for the criminals and madmen, I swear half the country has gone full effin’ retard.

  13. avatar ThomasR says:

    I OC here in NM because I can do so without a license as a free man or I could get a shall issue CC and turn a right into a privilege and bow down to my master the state.

    Some poster on this web site said that I had a character flaw for prefering practicing my second amendment right as a free man rather than as a servant to the state.

    Any American that would make such a despicable and cowardly statement is an embarassment as an American and should emigrate immediately to England and become a subject to the crown.

    They would be then be honest in wearing thier chains.

  14. avatar Hugh Jass says:

    I missed the Irresponsible part. A little help?

    1. avatar Soccerchainsaw says:


    2. avatar Stinkeye says:

      In the part where the dope is flashin’ his gat for the pretty newslady, he’s holding the muzzle in the palm of his left hand. Rules 1 and 2, Derek… It’s about a minute into the video.

  15. avatar blinkypete says:

    Open carry, particularly in the way this attention seeking gentleman is doing it, will do us no favors. CC, strategically and tactically, is the way to go.

  16. avatar Randy Drescher says:

    I open carry once & awhile. I open carried with a 6″ S&W revolver & very few noticed. If someone is offended they can call the cops, we don’t have the Keystone cops around here, they actually ask questions before riddling your car with bullets, Randy

  17. avatar Cameron S. says:

    I would MAYBE open carry if I didn’t live in a small community, and work with children. It’s legal where I live without permit… but I already have my CC permit, so I just do that anyways.

  18. avatar felix says:

    I open and comceal carry all over NC. Its a right I wish more people would exercise. Open carry prevents crime in a lot of cases, and the sheep need to realize that. Its sad that the mere sight of a gun throws everyone into a panic. Have they invented a POCKETABLE COP yet? Everyone seems to feel safe when there are no cops around….why?

    1. avatar Stinkeye says:

      “Everyone seems to feel safe when there are no cops around….why?”

      Haven’t been following the news out of Los Angeles, have you?

      I feel less safe when I’m around a cop these days…

      (I know, that’s not the point you’re trying to make, I just couldn’t resist.)

  19. avatar g says:

    I’ll echo people’s comments about the shoulder holster… looks too loose, it’s being warm OUTSIDE a baggy sweatshirt, and it’s pointed to the rear?

    Sorry dude, too much fail.

    As for the comments about the ball cap and the way he’s wearing it, that’s just how the young ‘uns do it these days. I don’t see you guys slamming Mr.Noir for the way he chooses to wear his hats… even if it does happen to be a NY Yankees cap sometimes (damn Yankees). I mean, Mr.Noir, you’re in TEXAS! You gotta rep either the Rangers or the Astros.

  20. avatar Jerryboy says:

    the number one rule for OC in public is: LEAVE IT IN THE HOLSTER!!! especially if you’re at a place where you have been asked to leave! the fact that he muzzled himself is simply icing on the idiot cake.

    in recent weeks i have started OCing everywhere i can. so far i have only gotten a couple of negative comments, with one of them being a minor confrontation with a head of security at a local hospital. i have gotten a couple of positive inquiries, a few neutral questions, but for the most part people either didn’t notice(i normally, and not coincidentally, wear dark clothing) or simply cast curious glances.

    the reason i have started mostly OCing is as a public service; the more the public is exposed to firearms the less they will fear them, and the fewer people will freak out and call the cops when they see one, thus saving the taxpayer money for the responses to the sheeple hitting the panic button, as well as the reduced potential of a tense situation with local LE, and, finally, the preservation of our children’s and grandchildren’s freedom.

  21. avatar Matt says:

    I am an avid enthusiast and all for right to carry but, just as in other things, just because you can doesn’t mean you should – Referring to open carry. Out in the general public, it places a negative stigma and unless its a WROL situation the intent is not to draw attention to yourself. The appropriate time to open carry is in an environment that you must be viewed as being able to deploy force. That is not what you want while in crowds of the general public and most certainly what most parents don’t want with their kids in tow. While many do not realize it this is exactly the statement you are making by going external and the folks that either don’t understand or agree with it will take action by calling it in or creating a scene. Remember, police rarely know all laws as it pertains to carrying. It’s not uncommon to be met with force and at a minimum have it taken away for the period of investigation until they realize no laws are broken. Why bring this upon ones-self? As many states do allow for open carry it often reflects negatively on the owner and brings unneeded, often wrongful attention as well as administrative hassle. Go thru the process, legally carry concealed, be humble and it wont alarm the anti-gun crowd. Lets face it with all the negative press and social media the last thing fellow enthusiasts need is to be negatively stigmatized even more. What this guy did actually ruined it for the concealed carry permit holders that frequented that establishment. I guarantee having brought it to the property owners attention they will now certainly post no weapons, now making it a gun-free zone which equates to promoting a criminal safe zone.

  22. avatar Bob Fairlane says:

    Maybe the “gut reaction” was to the mongolian in the gangster outfit, not the gun under his arm.

  23. avatar Bob Fairlane says:

    Boycott the mall. Sears has some non-mall stores. They should move all their stores out of malls. Malls suck.

  24. avatar Joe Dickey says:

    Saying he was irresponsible puts you in the same category with the anti gun nuts who think guns magically go off without anyone pulling the trigger.

  25. avatar John W. says:

    The laws are pretty clear everywhere regarding the right of private property owners to ban firearms from their property. A shopping mall is private property, as is someone’s home. Personally, though I’m all for the right of folks to carry openly if they wish, I think it’s a tactical mistake; we’re much better off if the bad guys get to guess who’s armed and who isn’t. Just as in the schools; the madmen who shoot up schools have proven time and again that they are good planners-but they can’t plan for the gun they can’t see. As far as the young fool in the video is concerned, he needs to take another pull at firearm safety education-especially if he’s going to continue to carry a gun in public.

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