Several states are considering adopting "Vermont-style" concealed carry legislation. Most of the Carry Concealed Weapon (CCW) laws in the country require citizens to first get permits. But in a couple of states, like Vermont, citizens can carry a firearm without getting permission . . . without paying a fee . . . or without going through any kind of government- imposed waiting period. There are many reasons for a state to adopt a genuine right to carry law:
Carrying a Firearm is a
“Right” not a “Privilege”
The Second Amendment guarantees that "the right of the people to keep and bear arms shall not be infringed." This means that law-abiding citizens should not need to beg the government for permission to carry a firearm. That would turn the "right" to bear arms into a mere "privilege." Likewise, one should not have to be photographed, fingerprinted, or registered before they can exercise their Second Amendment rights. Criminals certainly do not jump through these "hoops." The Second Amendment is no different than any of the other protections enumerated in the Bill of Rights. That is, honest citizens should not need a government issued permission slip; rather, they should be able to carry as a matter of right.
The issuing of permits can
be abused by officials
Refuse to issue
New York City: Officials in New York City routinely deny gun permits for ordinary citizens and store owners because -- as the courts have ruled -- they have no greater need for protection than anyone else in the city. In fact, the authorities have even refused to issue permits when the courts have ordered them to do so. (1)
Gary, Indiana: Then-Mayor Richard Hatcher let it be known in 1979 that he would not be approving any citizens' concealed carry applications. He then said if they wanted to challenge his authority, they were welcome to take him to court. It took citizens over 10 years (and thousands of dollars in legal fees) to get any relief. (2)
San Jose, CA: Joseph McNamara, a former police chief and anti-gun spokesman, bragged in his 1984 book, Safe & Sane, that "in San Jose, I have made it considerably tougher for residents to get handgun permits." (3)
Require fingerprints
Virginia and California applicants for concealed carry permits are forced to submit to FBI fingerprint and background checks without any authorization requiring such checks. (4)
Revoke for politically incorrect speech
In Oregon, officials have been known to revoke concealed carry licenses because of one's political views. In one case, a permit holder had his license revoked because he was the editor of a pro-life newspaper. (5)
Print licensee holders' names in newspapers
In several states, newspapers have frequently printed the names of concealed carry permit holders, which are almost always public information. (6)
Officials can "Raise the Hurdles"
in order to get a permit.
Arbitrary Delays & Denials
While New Jersey law requires applications to be responded to within thirty days, delays of ninety days are routine; sometimes, applications are delayed for several years for no readily apparent reason. (7)
Arbitrary Fee Increases
In 1994, the Clinton administration pushed for a license fee increase of almost 1,000 percent on gun dealers. According to U.S. News & World Report, the administration was seeking the license fee increase "in hopes of driving many of America's 258,000 licensed gun dealers out of business." (8) This example clearly shows how easily government officials can abuse the issuing of carry permits. Instead of using lower fees to merely pay for the processing of permits, officials can raise the fees to keep people from exercising their rights.
Vermont has a genuine right to carry law (i.e., requires no permits) and yet boasts
one of the lowest crime rates in the nation.
Vermont enjoys the 49th lowest crime rate in the nation, according to the FBI:
Violent Crime rates per 100,000 people (1997)
| Rank |
State |
Rate |
| 1st. |
Florida |
1023.6 |
| 2nd. |
South Carolina |
990 |
|
U.S. Avg. |
610.8 |
| 49th. |
Vermont |
119.7 |
| 50th. |
North Dakota |
87.2 |
FBI statistics show that Vermont boasts the 47th lowest murder rate among the 50 states.
Murder rates per 100,000 people (1997)
| Rank |
State |
Rate |
| 1st. |
Washington D.C. |
56.9 |
| 2nd. |
Louisiana |
15.7 |
| 3rd. |
California |
14.2 |
| 4th. |
Mississippi |
13.1 |
|
U.S. Avg. |
6.8 |
| 47th. |
Vermont |
1.5 |
| 48th. |
New Hampshire |
1.4 |
| 49th. |
South Dakota |
1.4 |
| 50th. |
North Dakota |
0.9 |
Note: Wash. DC has the most restrictive laws against firearm ownership.
Anti-gunners like Sarah Brady want people to think that "access to firearms" is one of the greatest social ills facing this nation. If this is so, then why are guns not a problem in Vermont where anyone can strap a .45 under their jacket and go about their business? Why hasn't Vermont turned into the popular notion of the Wild West? Few states ever come close to earning the title of the "state with the lowest crime rate." Vermont has.(9)
Not surprisingly, concealed carry laws have worked nationwide to drop crime rates.
A comprehensive national study in 1996 determined that violent crime fell after states made it legal to carry concealed firearms. (10) The results of States which passed concealed carry laws reduced their murder rate by 8.5%, rapes by 5%, aggravated assaults by 7% and robbery by 3%; and If those states not having concealed carry laws had adopted such laws in 1992, then approximately 1,570 murders, 4,177 rapes, 60,000 aggravated assaults and 12,000 robberies would have been avoided yearly. (11)
Waiting periods of any kind (such as those resulting from the CCW licensing process) can threaten honest people's safety. (12)
Note: Criminals usually don't bother to go through the waiting period since they don't apply for permits.
New York. In 1983, Igor Hutorsky was murdered by two burglars who broke into his Brooklyn furniture store. The tragedy is that some time before the murder his business partner had applied for permission to keep a handgun at the store. Even four months after the murder, the former partner had still not heard from the police about the status of his gun permit. (13)
Los Angeles. USA Today reported that many of the people rushing to gun stores during the 1992 riots were "lifelong gun-control advocates, running to buy an item they thought they'd never need." Ironically, they were outraged to discover they had to wait 15 days to buy a gun for self-defense. (16)
COMMENTS WELCOME
If you find any errors in the facts or logic of this web page, or simply differ in philosophy, I am interested in your feedback.
Email Me. Please no unintelligible rants or raves. Sophomoric or un-referenced responses will be directed to the bit-bucket.
REFERENCES
1. David Kopel, "Trust the People: The Case Against Gun Control," [Cato Institute] Policy Analysis 109 (July 11, 1988): 25-26.
2. Supreme Court of Indiana, Kellogg v. City of Gary, 1990.
3. Joseph McNamara, Safe & Sane, (1984): 74.
4. Peter Finn, "FBI Stops Checking Va. Gun Applicants," The Washington Post, 12 July 1996.
5. In a court hearing to have the license returned, the judge in the case admitted that the individual did not meet the criteria for a revocation (i.e., he had never engaged in acts of violence or made threats of violence) but agreed to uphold the revocation anyway. The justification the judge gave was that the abortion issue was "a volatile one" and people involved in it should not be allowed to carry guns. A friend of the "defendant" made a routine inquiry to the sheriff's department to see if any abortion doctors or activists had their licenses revoked. By Oregon law this is public information. He was immediately visited by four FBI agents who demanded to know the reason for the request. Statement by Kevin Starrett, Oregon Representative for Gun Owners of America, August 21, 1995.
6. North Carolina, Pennsylvania and Virginia are just three examples where local newspapers have printed the names of concealed carry permit holders.
7. Kopel, "Trust the People," at 26.
8. U.S. News & World Report, (17 January 1994).
9. Morgan Quitno Press, Crime State Rankings 1996, at iv.
10. John R. Lott, Jr. and David B. Mustard, "Crime, Deterrence, and Right-to-Carry Concealed Handguns," University of Chicago, (13 July 1996). See also Lott, Jr., "More Guns, Less Violent Crime," The Wall Street Journal (28 August 1996).
11. Ibid.
12. Any waiting period -- whether the wait to buy a gun, or the wait to get a carry permit -- can have disastrous consequences. While most of the examples listed here relate to gun purchase waiting periods, the principle is the same. Waiting periods put one's rights on hold; and when one is in immediate danger, the result can be death.
13. Senate, "Handgun Violence," at 107, citing Novae Russkae Slovo, Vol. LXXII, No. 26.291, (6 Nov. 1983).
14. Stephen Singular, Talked to Death: The Murder of Alan Berg and the Rise of the Neo-Nazis, (1987): 137-138. Since he was shot from behind, one could possibly argue that a gun might not have helped him. Of course, had Berg received a carry permit, one can never be sure if his being armed would have served as a deterrent to the killer, who had stalked him for some time. Regardless, the point is that he should have been able to defend himself.
15. Congressional Record, 8 May 1991, pp. H 2859, H 2862.
16. Jonathan T. Lovitt, "Survival for the armed," USA Today, 4 May 1992.
Used with permission:
Gun Owners of America
8001 Forbes Place / Suite 102
Springfield, VA 22151
This site is brought to you by...
|
J.R. Whipple & Associates
Over 25 Years in the Computer Business!
We build the Best Computers on Earth.
_______________________________________
Click the globe to visit us!
|
|
