Concealed carry in the United States

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In the United States, carrying concealed weapon (CCW, also known as concealed carry) is the legal authorization for private citizens to carry a handgun or other weapons in public in a concealed manner, either on the person or in close proximity to the person. The choice of permitted weapon depends on the state; some states restrict the weapon to a single handgun, whereas others permit multiple handguns or even martial arts weapons to be carried. CCW is a more generalized form of what some states call a concealed handgun license (CHL).

The current trend towards adopting concealed carry laws has been met with opposition; however, no state which has adopted a "shall-issue" concealed carry law has reversed its decision as of yet. Currently, 48 US states allow some form of concealed carry and about half provide for some variant on non-concealed "open-carry". In 13 states, the same permit or license is required to open-carry a handgun, but most states do not require a permit or license to carry openly; in six states, even with concealed-carry licenses or permits, open-carry is prohibited.

State laws

History of Right To Carry laws

In 39 concealed-carry states, issuing officials may not arbitrarily deny a concealed-carry application, a practice known as Florida-style "shall issue." Nine states have "may issue" laws requiring the applicant to demonstrate specific "need." In practice, this is often a mechanism to deny licensing.[citation needed]

These "may issue" states range from "shall issue" in practice, such as Alabama and Connecticut; to "at the whim of local officials", such as New York, New Jersey, Massachusetts, and California, (where rural officials liberally issue permits but urban officials seldom do) to "almost non-issue" in states such as Maryland; to "never-issue" Hawaii where, though state law allows for the issuance of permits, officials choose not to issue them under any circumstances. [citation needed]

Two states, Vermont[1] and Alaska[2], allow a non-felon aged 16 or 21, respectively, to carry without requiring a permit as a fundamental right. Alaskan residents may optionally obtain a permit granting reciprocal carry privileges in certain other states, or to be exempted from the NICS background check. Vermont extends the right to carry without requiring a permit to non-residents as well as to residents, but issues no permits to residents that could function to allow reciprocal concealed carry rights for Vermont residents while in other states.

As of 2006, two states (Wisconsin[3] and Illinois[4]) and Washington D.C.[5] have no provision for legal concealed-carry privileges. There are currently movements in each of these states to pass concealed-carry laws. Legislation was passed in 2004 and again in 2005 but vetoed by the respective governors. On March 23, 2006, the Kansas legislature overrode Governor Kathleen Sebelius' veto and enacted a concealed-carry law effective July 1.[6]

Reciprocal recognition of concealed-carry privileges and rights vary state-to-state, are negotiated between individual states, and sometimes additionally depend on the residency status of the license holder, even when holding a permit or license. Presently, a license or permit from most states, held by a resident of that state, is recognized in approximately 30 other states. In contrast, a license or permit from most states, held by a non-resident of that state, is recognized in slightly fewer than 30 other states at present. Attempts have been made in the United States House of Representatives (H.R. 226) to enact legislation to compel complete reciprocity for concealed-carry licenses (just as motor vehicle licenses enjoy complete reciprocity.) The United States Senate (S. 388) has introduced similar legislation.

A licensee residing in one state may be able to carry or transport a weapon concealed in another state provided there is a reciprocity agreement between the two states. A licensee is considered to have constructive knowledge of the law as it applies (that is, courts will presume the licensee knows the law within the reciprocal state).

Legislation, case-law, and interpretation thereof by law enforcement agencies change rapidly and frequently in this area of law, and online sources may not be reliable or up-to-date.

Law Enforcement Officers Safety Act (federal law)

In 2004, the United States Congress enacted the Law Enforcement Officers Safety Act, 18 U.S. Code 926B and 926C. This federal law allows two classes of persons — the "qualified law enforcement officer" and the "qualified retired law enforcement officer" — to carry a concealed firearm in any jurisdiction in the United States, regardless of any state or local law to the contrary, with certain exceptions.

Training

Recognizing the responsibility associated in concealed-carrying a firearm, some states require concealed carry applicants to participate in a training course. Most courses have a classroom and range component, often being completed in one to two days. The classroom topics can include the following: firearm mechanics and terminology; concealed carry legislation and limitations; liability issues; carry methods and safety; home defense; methods for managing and defusing confrontational situations; and practice of techniques. These courses devote a considerable amount of time to liability issues. While state laws vary, generally use of deadly force must be a matter of last resort, when life or limb is endangered, when escape or retreat are foreclosed, and warnings are given but ignored.

During the range portion of the course the applicant typically learns and demonstrates safe handling of a firearm, how to safely operate the handgun, and accurate shooting from common self-defense distances. Most states require a certain proficiency to receive a passing grade.

Some states recognize the safety and use-of-force training given to military personnel as acceptable. These states will allow a military ID for active persons or DD214 for legally discharged persons in lieu of formal civilian training certification.

Legal Liability

Liability is present where the licensee brandishes the weapon, threatens use, or exacerbates a volatile situation, or when the licensee is carrying while intoxicated.

Politics

Main article: Gun politics

Laws

The largest topic in concealed carry politics is who can legally carry concealed weapons. Three common policies are prohibition of concealed carry, discretionary licensing, and non-discretionary licensing. Less common is unregulated, legal concealed carry such as in Vermont and Alaska. Furthermore, minimum age requirements of 18 or 21 years are typical.

Even in localities where concealed carrying is permitted, there may be legal restrictions on where a person may carry a concealed weapon. Typical examples include the prohibition of concealed carry in public schools, establishments that serve alcohol, public accommodations (theaters, concert halls, courtrooms) or public events (polling places, state fairs).

These restrictions vary widely, particularly in the United States. For example, in Texas, concealed carry is not permitted in any establishment which generates 51% or more of its revenue from the sale of alcohol for on-premises consumption.[7] In Florida, concealed carry is permitted in a restaurant that serves alcohol but not in the bar area. Virginia prohibits concealed-carry in businesses with a liquor license but open-carry is permitted.[8] Pennsylvania does not prohibit carry in any establishment, whether it be a family restaurant, bar, or club, but it does prohibit carry in Primary and Secondary Schools and their Property and Court Houses.[9] In many states, a law-abiding permit holder may not carry in any establishment licensed to dispense alcohol for on-premises consumption.

Further restrictions may be placed on what kind of guns may be carried and how many a person may carry at one time.

Civil liberties

It has been argued by some that requiring individuals to have a permit in order to legally carry is unconstitutional. In their December 2004 article "Why Adopt a Vermont-style CCW Law?", the gun rights organization Gun Owners of America argues...

"Constitutionally, officials cannot license or register a fundamental right"

The article then goes on to cite an example of a United States Supreme Court ruling in regards to the First Amendment:

"The Supreme Court held in Lamont v. Postmaster General (1965) that the First Amendment prevents the government from registering purchasers of magazines and newspapers — even if such material is "communist political propaganda."

On the other hand, some Constitutional scholars, like Erwin Chemerinsky, contend that the extension of the Bill of Rights to the states does not include the second amendment, which allows states to enact whatever form of gun control they choose.[citation needed]

Research into the effects of concealed carry laws on crime

There have been many studies published in academic journals regarding the effects of various concealed carry laws on crime rate. Academics have also taken the debate outside of journals, writing books, blogs, and having debates on the subject.

The effect of various concealed carry laws are the subject of past and present research. In his book, More Guns, Less Crime, pro-gun scholar John Lott's analysis of crime report data has shown some statistically significant effects of concealed carry laws. One major conclusion was that locations which enacted more permissive concealed carry laws had a decrease in violent crime but an increase in property crime.

Don Kates summarizes the consensus reached by criminological research into gun control thus:

"Unfortunately, an almost perfect inverse correlation exists between those who are affected by gun laws, particularly bans, and those whom enforcement should affect. Those easiest to disarm are the responsible and law abiding citizens whose guns represent no meaningful social problem. Irresponsible and criminal owners, whose gun possession creates or exacerbates so many social ills, are the ones most difficult to disarm."[10]

Regardless of the interpretation of statistics, the trend in the United States has been towards greater permissiveness of concealed carry. In Florida, which first introduced "shall-issue" concealed carry laws, crimes committed against residents dropped markedly upon the general issuance of concealed-carry licenses,[11] which had the unintended consequence of putting tourists in Florida driving marked rental cars at risk from criminals (since tourists may be readily presumed unarmed.) Florida responded by enacting laws prohibiting the obvious marking of rental cars. In 1991, the Luby's massacre prompted Texas lawmakers to pass a concealed carry law.[12]

Research comparing various countries' violent crime rates, murder rates, and crimes committed with weapons, have found that legal ownership of guns, including concealed carry guns, generally reduces crime rates.[13][10]

University of Washington public health professor Brandon Centerwall prepared a study comparing homicide rates between Canada and the U.S., as the two countries are very similar, yet have different handgun ownership rates. In his conclusions he published the following admonition:

"If you are surprised by my findings, so are we. We did not begin this research with any intent to "exonerate" handguns, but there it is -- a negative finding, to be sure, but a negative finding is nevertheless a positive contribution. It directs us where NOT to aim public health resources."[14]

Statistics

Statistics published by the various states give some indication of what type, and how many people, acquire permits to carry concealed weapons. Permit-holders are predominantly male. For example, while over 60,000 women were licensed in Florida as of June 2007, 85% of permit holders were male in that state.[15] Recently, the number of permit-holders has been growing. Michigan, for example, reported more than 40,000 applications in a one year period.[16] Florida has issued over 1.2 million permits since adopting the law, and has had more than 400,000 currently-licensed permit holders as of June 2007.[17]

Distribution by age is generally proportionate to the adult population. Florida reports 26% of permit-holders are in the 21–35 age group, 36% are 36–50, 27% are 51–65, and 11% are over age 65. The numbers of permit revocations are small; North Carolina reports only 0.2% of their 263,102 holders had their license revoked in the 10 years since they have adopted the law.[18]

See also

References

  1. ^ Vermont gun laws (PDF)
  2. ^ Alaska gun laws (PDF)
  3. ^ Wisconsin gun laws (PDF)
  4. ^ Illinois gun laws (PDF)
  5. ^ District of Columbia gun laws (PDF)
  6. ^ Wichita Eagle, "Signs banning guns dominate hearing", October 11, 2006.
  7. ^ Texas gun laws (PDF)
  8. ^ Virginia gun laws (PDF)
  9. ^ Pennsylvania gun laws (PDF)
  10. ^ a b Tennessee Law Review, "Guns and Public Health: Epidemic of Violence or Pandemic of Propaganda?", 1994.
  11. ^ Frank Espohl. "The right to carry concealed weapons for self-defense". Southern Illinois University Law Journal.
  12. ^ Republicans torn over gun legislation, Terri Langford, Houston Chronicle, May 8, 2007
  13. ^ Gary A. Mauser, Simon Fraser University, Don B. Kates, retired; Would Banning Firearms Reduce Murder and Suicide? A Review of International Evidence
  14. ^ Brandon S. Centerwall, University of Washington, Homicide and the Prevalence of Handguns: Canada and the United States, 1976 to 1980
  15. ^ License Holder Profile Report, Florida Department of Agriculture and Consumer Services - Division of Licensing, Retrieved August 2007
  16. ^ 2005-2006 CCW Annual Report, Michigan State Police
  17. ^ Concealed Weapon / Firearm Summary Report - October 1, 1987 to June 30, 2007, Florida Department of Agriculture and Consumer Services - Division of Licensing, Retrieved August 2007
  18. ^ North Carolina Concealed Handgun Permit Statistics by County - 12/01/1995 thru 09/30/2004, North Carolina State Bureau of Investigation

Further reading

  • 1977 John Lott and David Mustard, “Crime, Deterrence, and Right-to-Carry Concealed Handguns,” Journal of Legal Studies.
  • 1998 Dan Black and Daniel Nagin, “Do Right-to-Carry Laws Deter Violent Crime?” Journal of Legal Studies.
  • 1998 John Lott, “The Concealed-Handgun Debate.” Journal of Legal Studies.
  • 2000 John Lott, More Guns, Less Crime (AEI).
  • 2002 John Lott, More Guns, Less Crime, Second Edition (AEI).
  • 2003 Ian Ayres and John Donohue, “Shooting Down the ‘More Guns, Less Crime’ Hypothesis, Stanford Law Review.
  • 2003 Florenz Plassmann and John Whitley, “Confirming ‘More Guns, Less Crime,” Stanford Law Review.
  • 2003 Ayres and Donohue, “The Latest Misfires in Support of the ‘More Guns, Less Crime’ Hypothesis,” Stanford Law Review.

External links

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