Gun Rights @ the Millennium

CONCEALED CARRY, CONCEALED SECURITY

Concealed carry is becoming an increasingly hot topic at both the state and federal level. National reciprocity is growing closer, and more states are looking at concealed carry as a legitimate option. Conclusive studies, such as University of Chicago Professor John Lott’s, have shown that concealed carry states have lower violent crime rates than states without it. However, as more and more states give their citizens back the right of self-protection, Handgun Control Inc. (HCI) continues to apply increasing pressure to deny law abiding citizens this essential right.

This report is a state by state breakdown of concealed carry laws of all fifty states. Included is a rating given by analysts at the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA). The grading system was based on the following criteria:

1.      “May Issue” vs. “Shall Issue”- “May Issue” states are those that leave blanket discretion in the hands of the bureaucrats as to whether or not to grant the permit, often under capricious and arbitrary reasons. “Shall Issue” states must issue the applicant the permit if the set, objective standards are met. “Shall Issue” states will score higher than “May Issue”.

2.      Safety Training- Those who are applying for a concealed carry permit generally have a full understanding of their handgun prior to the issuing of the permit. Despite this fact, many states require mandatory handgun training, ranging from the mundane to the excessive. It is not the government’s place to dictate a training regime. States that do not require training will score higher than those that do will.

3.      Thoroughness of Background Check- NICS, the National Instant Criminal Background Check System, is now online, and most states who issue concealed carry licenses are shifting to this system.

4.      Persons prohibited from carrying- Those who are ineligible to own a handgun under existing law in the first place should not be allowed to carry. Any other additions to the list are frivolous. The more state restrictions apart from the federal guidelines the lower the grade.

5.      Prohibited places to carry- Crossing an arbitrary line does not suddenly turn a law abiding citizen into a ruffian. Those who actually apply for a permit are law-abiding members of society. Therefore, it does not matter where they carry, as they will not break the law. The more prohibited areas in the law the lower the grade.

6.      Licensing Procedures- The actual process of obtaining a concealed carry permit should not be difficult. The more hoops and hurdles the applicant has to jump through, the lower the grade. Many states require large fees, variable fees from jurisdiction to jurisdiction, or a duration period of only one year. These restrictive factors will lower the overall grade.

7.      Reciprocity- Just as with restrictions on carrying locations, a state border should not invalidate a concealed carry license. The more states that recognize others concealed carry licenses, the better. Reciprocity receives a higher grade.

8.      Number of CCP- this is the approximate number of current concealed carry permits in each state, courtesy of Handgun Control Incorporated. It does not affect the overall grade, it is just a interesting side note. “May Issue” states tend to have far fewer permits issued than “shall issue” states. This demonstrates that “may issue” opens the door to discrimination on economic, ethnic, racial or political lines.

The most important factor is whether the individual state is “Shall Issue” or not. When there is not an unbiased, objective standard to follow rights will be, and are, denied. Only one person in Hawaii has a concealed carry permit, and apart from the state being “May Issue” the concealed carrying laws are relatively lax. Because a bureaucrat has the final say so due to the law, citizens are denied the right of self-protection on a daily basis. Hawaii is just one example of the egregious violation of civil rights due to discretionary issue of concealed carry permits.

Seven states do not allow concealed carry at all. Six of those states received “F” ratings. New Mexico does not allow concealed carry, but it does allow carrying of handguns in vehicles without a permit, so it rated a “D”. No “May Issue” state rated better than a “D”, except Alabama. Alabama rated a “B” because they rarely, if ever, deny permits to legally eligible applicants.

Criminals are going to carry guns regardless of the law. Any person willing to commit the violent crimes of rape, robbery, assault or murder could not care less about a “don’t carry” law. The only people hurt in non-carry states are law-abiding citizens. Thomas Jefferson cites Cesare Beccaria as saying it best:

False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that it has no remedy for evils, except destruction. The laws that forbid the carrying of arms are of such a nature…Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. (Beccaria, ON CRIME AND PUNISHMENT 87-88, cited from Thomas Jefferson, COMMON PLACE BOOK 314)

These ideals were poignant first to Beccaria in the sixteenth century, then to Jefferson at our country’s birth, and are still so today. Concealed carry has been empirically proven to lower violent crime rates. For responsible gun owners concealed carry is synonymous with concealed security.

Alabama- B

1.      May Issue vs. Shall Issue- may issue

2.      Safety Training- not required

3.      Thoroughness of Background Check- up to issuer's discretion

4.      Persons Prohibited from Carrying- violent criminals, habitual drunkard

5.      Prohibited Places to Carry- public demonstrations, schools

6.      Licensing Procedures- fee (varies by county), pass background check, 19 years or older

7.      Reciprocity- ID, IN, KY, MI, WY

8.      Number of CCP- 105,869

Alaska- B

1.      May Issue vs. Shall Issue- shall issue

2.      Safety Training- required

3.      Thoroughness of Background Check- state and federal checks

4.      Persons Prohibited from Carrying- felons, some misdemeanor offenders, dishonorable discharges, habitual drunkard

5.      Prohibited Places to Carry- law-enforcement and correctional facilities, schools, courthouses, state and federal offices, secure area of airports, posted residences and meetings, financial institutions

6.      Licensing Procedures- $122 for five years, pass background check, complete training, 21 years old

7.      Reciprocity- ID, IN, KY, MI, MT, ND, UT, WY

8.      Number of CCP- 7,288

Arizona- A minus

1.      May Issue vs. Shall Issue- shall Issue

2.      Safety Training- required

3.      Thoroughness of Background Check- criminal record and mental health check

4.      Persons Prohibited from Carrying- felons, mentally ill, habitual drunkard

5.      Prohibited Places to Carry- any place that sells alcohol, polling places, correctional facilities, schools, nuclear generating facilities, federal facilities, posted buildings

6.      Licensing Procedures- pass criminal and mental health check, complete training course, $50 for five years

7.      Reciprocity-  ID, IN, KY, MI, MT, TN, TX, UT, WY

8.      Number of CCP- 55,601

Arkansas- B

1.      May Issue vs. Shall Issue- shall issue

2.      Safety Training- required

3.      Thoroughness of Background Check- criminal record check

4.      Persons Prohibited from Carrying- felons, mentally ill, habitual drunkard

5.      Prohibited Places to Carry- law-enforcement or prison facilities, government buildings, polling places, courthouses, public parks, athletic events, any place that sells alcohol, schools or colleges, airport terminals, places of worship, posted buildings, parades and demonstrations

6.      Licensing Procedures- pass criminal record check, sign oath of allegiance to US and Arkansas, pass training course, $139 for four years

7.      Reciprocity-  AZ, ID, IN, KY, MI, MT, OK, SC, TN, TX, UT, WY

8.       Number of CCP- 15,190

California- D

1.      May Issue vs. Shall Issue- may issue

2.      Safety Training- up to local law enforcement

3.      Thoroughness of Background Check- up to local law enforcement

4.      Persons Prohibited from Carrying- up to local law enforcement

5.      Prohibited Places to Carry- up to local law enforcement

6.      Licensing Procedures- up to local law enforcement

7.      Reciprocity- ID, IN, KY, MI, MT

8.      Number of CCP- 40,000

Colorado- D

1.      May Issue vs. Shall Issue- may issue

2.      Safety Training- not required

3.      Thoroughness of Background Check- up to issuer's discretion

4.      Persons Prohibited from Carrying- up to issuer's discretion

5.      Prohibited Places to Carry- state government facilities, schools

6.      Licensing Procedures- up to issuer's discretion

7.      Reciprocity- ID, IN, KY, MI, MT

8.      Number of CCP- 6,300

Connecticut- B plus

1.      May Issue vs. Shall Issue- shall issue

2.      Safety Training- required

3.      Thoroughness of Background Check- criminal record and mental health check

4.      Persons Prohibited from Carrying- felons and mentally ill

5.      Prohibited Places to Carry- places that “mature judgement” dictates no handgun should be carried, i.e. bars, during arguments and other stressful situations, general assembly buildings, and places where carrying is prohibited by owner

6.      Licensing Procedures- pass background checks, obtain a local license first, complete training course, $35 for five years

7.      Reciprocity-  ID, IN, KY, MI, MT, WY,

8.      Number of CCP- 140,000

Delaware- D

1.      May Issue vs. Shall Issue- may issue

2.      Safety Training- not required

3.      Thoroughness of Background Check- up to issuer's discretion

4.      Persons Prohibited from Carrying- up to issuer's discretion

5.      Prohibited Places to Carry- none

6.      Licensing Procedures- $34.50 for three years, provide five references of moral character

7.      Reciprocity- ID, IN, KY, MI, WY

8.       Number of CCP- 1,100

Florida- A minus

1.      May Issue vs. Shall Issue- shall issue

2.      Safety Training- required

3.      Thoroughness of Background Check- criminal record and mental health check

4.      Persons Prohibited from Carrying- felons, violent misdemeanors, mentally ill, habitual drunkard

5.      Prohibited Places to Carry- law enforcement or detention facilities, courthouses, polling places, government meetings, schools, colleges, professional sporting events, bars, airports, federal property

6.      Licensing Procedures- pass background check, demonstrate competence with firearm,  $117 for five years

7.      Reciprocity- AR, GA, ID, IN, KY, LA, MI, MT, NH, ND, TN, WY

8.      Number of CCP- 221,446

Georgia- A

1.      May Issue vs. Shall Issue- shall issue

2.      Safety Training- not required

3.      Thoroughness of Background Check- criminal and mental health check

4.      Persons Prohibited from Carrying- felons, mentally ill, habitual drunkard

5.      Prohibited Places to Carry- public gatherings such as churches, sporting events, rallies, publicly owned buildings, establishments selling alcohol for consumption, schools

6.      Licensing Procedures- pass background check, $15 for five years

7.      Reciprocity- ID, IN, KY, MI, MT, TN, WY

8.      Number of CCP- not available

Hawaii- D

1.      May Issue vs. Shall Issue- may issue

2.      Safety Training- not required

3.      Thoroughness of Background Check- up to issuer's discretion

4.      Persons Prohibited from Carrying- up to issuer's discretion

5.      Prohibited Places to Carry- up to issuer's discretion

6.      Licensing Procedures- $10 for one year, must prove need for permit

7.      Reciprocity- ID, IN, KY, MI, MT, UT

8.      Number of CCP- 1

Idaho- A

1.      May Issue vs. Shall Issue- shall issue

2.      Safety Training- sheriff may require proof of familiarity with firearm

3.      Thoroughness of Background Check- criminal and mental health check

4.      Persons Prohibited from Carrying- felons, mentally ill, dishonorable discharges

5.      Prohibited Places to Carry- courthouses, juvenile facilities or jails, schools and school buses

6.      Licensing Procedures- pass background check, $20 for four years

7.    Reciprocity- GA, IN, KY, MI, MT, NH, ND, WY

8.   Number of CCP- 35,505

Illinois- F

No concealed carry is allowed

Indiana- A

1.      May Issue vs. Shall Issue- shall issue

2.      Safety Training- not required

3.      Thoroughness of Background Check- criminal check

4.      Persons Prohibited from Carrying- felons, habitual drunkard

5.      Prohibited Places to Carry- schools

6.      Licensing Procedures- pass background check, $25 for four years

7.      Reciprocity- GA, ID, KY, FL, MI, MT, NH, ND, WY

8.      Number of CCP- 67,597

Iowa- D

1.      May Issue vs. Shall Issue- may issue

2.      Safety Training- required

3.      Thoroughness of Background Check- criminal check

4.      Persons Prohibited from Carrying- up to issuer's discretion