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Eric Schneiderman Warns Reid, McConnell Not To Pass Concealed Weapons Bill

Eric Schneiderman

First Posted: 10/20/11 11:55 AM ET Updated: 10/20/11 12:50 PM ET

WASHINGTON -- New York Attorney General Eric Schneiderman has sent a letter to Senate leadership urging them to derail a bill that would require states that allow concealed carrying of guns to recognize each other's permits.

"New York has, through its elected representatives, made reasoned judgments about the ability of its citizens to carry concealed firearms based on its own assessment of the dangers posed by these weapons and the particular public safety needs of its residents," Schneiderman writes in a letter to Majority Leader Harry Reid (D-Nev.) and Minority Leader Mitch McConnell (R-Ky.), which was passed along to The Huffington Post.

"Similar public safety concerns form the basis of New York's longstanding ban on assault weapons and its statutory requirement that background checks be conducted at all gun shows in the State. This legislation would strip New York and other states of the authority to determine who may carry a concealed, loaded weapon within their borders. In so doing, it would increase the threat of gun violence against New Yorkers, compromise the safety of our law enforcement officers and their ability to crack down on illegal firearms, and undermine the considered judgment of this State as to the public safety needs of its own citizens."

Schneiderman, whose reputation as a budding progressive luminary began when he expressed skepticism over a 50-state settlement with banks for their stewardship of the housing crisis, has certainly not been hesitant to dip his toe into national political waters. But his actions usually have a local hook. His letter to Reid and McConnell, for example, centers on how New York's public safety would be affected by the bill in question.

Schneiderman appears to be the first state attorney general who has come out in opposition to the National Right-to-Carry Reciprocity Act, though a call to the National Association of Attorneys General's office to confirm as much wasn't immediately returned. Up until this point, the main objectors to the legislation have been gun control advocates, law enforcement officials, and Democratic mayors -- all of whom have hailed from urban settings or major cities. As the National Right-to-Carry Reciprocity Act heads to the Senate in the weeks ahead, it will be the more moderate, rural Democrats (Mark Begich of Alaska, Jon Tester of Montana) who are likely to be the deciding votes.

The full text of the letter is below.

Dear Majority Leader Reid and Leader McConnell:

I am writing to respectfully urge you and your caucuses to oppose the National Right-to-Carry Reciprocity Act (S.Amdt. 1618 (111th) & H.R. 822 (112th)), which may be before the Senate in short order. This legislation would have a devastating effect on the ability of law enforcement in New York to combat the scourge of gun violence. Specifically, it would force nearly every state in the Union -- including those, like New York, with reasonable restrictions on firearm ownership and transport, that are essential to public safety -- to abandon its own gun laws by allowing out-of-state visitors to carry concealed firearms based on their home state's less safe laws, rather than those of the state they are entering.

This would create a lowest common denominator approach to public safety that would increase the threat to New Yorkers, impede the ability of law enforcement to do its job, and undermine the will of our citizens as expressed through their duly elected state legislators. Stated simply, it would make the people of my State -- where we have long-held standards intended to keep firearms out of the hands of those who should not have them -- less safe.

Congress should be passing legislation to ensure that there are fewer potentially dangerous people on our streets with concealed, loaded handguns -- not legislation, like the National Right-to-Carry Reciprocity Act, which undermines state law enforcement efforts to combat gun-related violence. A 2010 study showed that nearly half of the guns that crossed state lines before being recovered in crimes came from just ten states, most with comparatively weak gun laws, indicating that weak gun laws in other states have already had an appreciable negative public safety impact on states like New York. Indeed, in 2009, more than 92% of the traced guns recovered in connection with crimes committed in New York City originally came from outside the State. Unlike New York, which requires every applicant for a handgun license to submit to both a fingerprint-based criminal history background check and a review of his or her mental health records, many states require only one of these two critical background checks, and some require neither.

Forcing us to honor gun permits from other states will dramatically increase the threat posed by firearms in our State by restricting our ability to control who may and may not carry a concealed weapon in all or parts of the State, undermining the ability of police to verify the validity of gun permits (as no national database exists) and allowing gun traffickers to more easily bring illegal guns into the State.

New York has, through its elected representatives, made reasoned judgments about the ability of its citizens to carry concealed firearms based on its own assessment of the dangers posed by these weapons and the particular public safety needs of its residents. Similar public safety concerns form the basis of New York's longstanding ban on assault weapons and its statutory requirement that background checks be conducted at all gun shows in the State. This legislation would strip New York and other states of the authority to determine who may carry a concealed, loaded weapon within their borders. In so doing, it would increase the threat of gun violence against New Yorkers, compromise the safety of our law enforcement officers and their ability to crack down on illegal firearms, and undermine the considered judgment of this State as to the public safety needs of its own citizens.

For all these reasons, I strongly urge you to oppose the National Right-to-Carry Reciprocity Act. Thank you for your consideration.

Sincerely,

Eric T. Schneiderman
Attorney General
New York

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WASHINGTON -- New York Attorney General Eric Schneiderman has sent a letter to Senate leadership urging them to derail a bill that would require states that allow concealed carrying of guns to recogni...
WASHINGTON -- New York Attorney General Eric Schneiderman has sent a letter to Senate leadership urging them to derail a bill that would require states that allow concealed carrying of guns to recogni...
 
 
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Iconcoclast
complicated laws are opportunities for scoundrels
01:20 PM on 10/25/2011
So despite the fact that 5 NYC police officers and 3 retired officers are arrested for gun smuggling (as they recently were) everyone should remain confident that the problem with criminals getting firearms is because civilian legal concealed pistol permit holders will sell weapons illegally?

What is wrong with this picture?
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10:13 PM on 10/26/2011
What is wrong with it, in my view, is gun rights activists' persistent ambivalence towards law enforcement officers. They are either welcomed as advocates for the cause, or condemned as corrupt, trigger-happy thugs, depending upon which way the wind blows.
02:03 PM on 10/27/2011
Perhaps I can help. American law enforcement officers are overwhelmingly advocates of the right to keep and bear arms, as are most Americans in general. As in all categories, we have our "corrupt, trigger happy thugs" [your quote], and they are of a slender minority in the total law enforcement community. As with most criminals, they are generally A-political and tend to have no cause or issue other than their own.
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12:00 PM on 10/28/2011
That is not my view, but it seems to be the view of some over on the "Occupy Oakland Police Action Unnerves Wall Street Protestors" blog.
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Delphi Omally
Out & Proud transgender female
07:26 PM on 10/24/2011
1. "on their home state's less safe laws..."
2. "firearms out of the hands of those who should not have them -- less safe."
3, "A 2010 study showed that nearly half of the guns that crossed state lines before being recovered in crimes..."

Sometimes "less" is more....so CCW holders not from N.Y. and criminals are not subcategories of the category: Crime? Again....how is this not supposed to be insulting to adults of a reasonable mind? As a female w/gender transition, it is imperative to learn ALL of the tricks that PDP (public display of phobia) uses which includes subcategorizing us under the category CRIME amongst others. I just as vehemently defend the will of the people....in a nation of laws. One of the laws is in a document above no other...the Bill of Rights. The people of the great state of N.Y. deserve an apology for being so disparaged and insulted.
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Delphi Omally
Out & Proud transgender female
07:08 PM on 10/24/2011
Didn't read all the ramblings in the article however regardless of state, CCW holders are required to go through NCIC and other NATIONAL background criminal checks regardless of state. The intention of barring legislation that would permit nation-wide authority seems to hinge upon the "danger" of decreased safety from honorable citizens already proven to be crime free coming into states such as N.Y. Is this oxymoronic logic really supposed to be directed toward adults, and if so, what an insult. Truth is off-duty officers who have happened to get caught up in a criminal's wrath have saved lives. CCW holders would likewise be able to save lives, at least their own.
11:28 AM on 10/24/2011
Let’s recap.

You want to ban guns but you’re met with opposition at every turn. Since you have no popular, monetary, or political way to make this happen, you feel completely helpless to change any of this.

That must suck.
11:41 PM on 10/23/2011
Mr. Schneiderman won't get far with Senators Reid and McConnell. Both Senators are staunchly pro-2nd Amendment. Even Reid, the obnoxious Demo that he is on almost every other issue, spends his weekends burning lead and kicking brass at a pistol range. The House is ready with heavy bipartisan support in favor of this reciprocity bill. The Senate appears to be in line with the wishes of the majority of Americans too. Barring some "dirty backroom deal, it is a go.

Remember, about 40 states have provisions for "shall issue" concealed carry permits, 5 states -- including New York -- offer the more arbitrary and unworkable "may issue," and 4 states are unrestricted. In the "shall issue" and "unrestricted" states, according to the U.S. Department of Justice's own National Institute of Justice /Bureau of Justice Statistics, and the FBI Uniform Crime Report, every year for the last two decades, there are fewer violent crimes and fewer gun accidents where law abiding citizens are allowed to keep and bear arms. Essentially, according to NIJ/BJS and the FBI, more guns = less crime.

Just as the DOJ, NIJ/BJS, and the FBI are the undisputed hallmarks in credibility, the Brady Campaign to Prevent Handgun Violence, the Violence Policy Center, and Bloomberg's Mayors Against Illegal Handguns shamelessly cite discredited studies, or simply pull numbers out of thin air to promote more worthless gun control.

Gun control in America was a chronic failure. It’s time to bury it where it falls and move forward.
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
12:06 AM on 10/24/2011
I found this on another forum and thought I'd pass it along for laughs.
To everyone that's been killed, maimed, or incapacitated by the 9mm round over the years:
GET UP!
(It's apparently an ineffective caliber.)
10:28 PM on 10/23/2011
Hope this passes, if I take a gun back to my hometown I have to leave it on the dash or hanging in the back window gun rack. It would be considered a cancealed weapon if it was in a case behind the seat or in the topper. While most folks would not care about seeing it in the open there are some that have gotten angry about me carring a gun in the open.

Need to go in and find out what I need to get my CCP this next week.
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
10:49 PM on 10/23/2011
Does anyone else besides me associate Perry Suspenders with concealed carry?
If the answer is "No" then there is no point in my elaborating further on the subject.
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Dahveed1
I have Flying Monkeys...
10:02 PM on 10/23/2011
"New York has, through its elected representatives, made reasoned judgments about the ability of its citizens to carry concealed firearms based on its own assessment of the dangers posed by these weapons and the particular public safety needs of its residents..."

Interesting. Apparently the government of New York either doesn't trust it residents to be armed or thinks the streets are so safe that weapons aren't needed. It can't be the later because politicians like Mr. Schneiderman likely get police protection, which wouldn't be needed if the streets were safe. So, what does the government of NY know that makes them want to keep their citizens unarmed?
12:16 AM on 10/23/2011
Mr. Stein, Schneiderman is either lying or incompetent. Why did you not address this in your "article"?
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06:56 AM on 10/23/2011
Perhaps Mr. Schneider an is neither. He may just be sickened by America's obsession with guns.
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Grumpy Man
Disappointed idealist
09:31 AM on 10/23/2011
Sorry bunnie but PavePusher is right. Schneiderm­an has absolutely no statistical data that supports the following list of bogus claims:

*"This legislation would have a devastating effect on the ability of law enforcement in New York to combat the scourge of gun violence."

*"Stated simply, it would make the people of my State -- where we have long-held standards intended to keep firearms out of the hands of those who should not have them -- less safe."

*"In so doing, it would increase the threat of gun violence against New Yorkers, compromise the safety of our law enforcement officers..."

We've been over this before and the evidence clearly supports the FACT that by-and-large, statistics and government records indicate that CCW permitted persons are among the most law abiding citizens in the nation.

Whereas it is well documented that Schneiderm­an's fear-mongering claims cannot be proven Schneiderm­an is either a liar, incompetent OR he's been directed by his owners to regurgitate unfounded dribble.

(BTW, I'm still waiting on that link to the story you mentioned. You wouldn't be back pedaling, would you?)
11:25 AM on 10/24/2011
Which would support the "lying" case. Not something to reccomend him by.
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hagagaga
You can't take the sky from me.
04:08 PM on 10/23/2011
Perhaps he is both.
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Dahveed1
I have Flying Monkeys...
10:10 PM on 10/23/2011
Sometimes "d: all of the above" is the correct answer...
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hornedcog
Tax Tea Now!
10:40 PM on 10/22/2011
I firmly believe in the second amendment and believe that you should be able to carry a concealed weapon. I also believe that when you do so, you are agreeing to a code of conduct that requires mandatory minimum sentencing for the misuse or accidental damages done to others, their pets or property. You are not a jury and executioner, just a citizen with the right to reasonable protection.
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
12:08 AM on 10/24/2011
Found elsewhere but still true.
I'm often asked why I carry my handguns. 
My reply is simple:
"You tell me when I'll need them, and I'll leave them at home all the other times."
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hornedcog
Tax Tea Now!
08:32 AM on 10/24/2011
Judgement is what can not be legislated and is the cause of most problems. With introspection and tolerance we could all be truly free, as I believe our founders envisioned.
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akutan
This We'll Defend
05:20 PM on 10/22/2011
I got my concealed carry permit today.
07:18 PM on 10/22/2011
Are you sane?
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akutan
This We'll Defend
08:17 PM on 10/22/2011
Yes I am.
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
06:12 AM on 10/23/2011
Congrats, "akutan" ! ! !
Stay safe.
10:55 PM on 10/21/2011
I am retired law enforcement. In 32 years I have never worked a case where the legal holder of a firearm concealed or open injured an individual without probable cause ,with proof, there life was in immediate danger. I have visited Law enforcement agency's in the state of New York and observed the Law enforcement office's frustration with the liberal laws of the state. Many criminals are set free before the arresting officers shift is over.
Many violent offenders go free after being arrested and commit a second crime the same evening.
The real problem is failure of the liberal courts to uphold the law and put the criminals in lockup then loose the key.

Thank goodness for those states who have the foresight to enact the CCL option. My Daughter and wife, both good looking, and both carry. Wife and daughter are well schooled in probable cause and can shoot a very fine score on a police combat course.
I have advised both never to visit NY, NJ, or cities where the government condones rape, murder, and violent crime as a way of getting votes and staying in power.
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
11:06 PM on 10/21/2011
"Faved" * and "Badged" ** 458mag! Thank you for your years of service to your state and our nation. And welcome to this site.
*  The "Marked as Favorite" box at the bottom of your post has a "(1)" in it now.
** See the light bulb graphic at the upper right corner of your post.
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schotts
Strength and Honor
11:49 PM on 10/21/2011
Right on! F&F.
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06:51 AM on 10/22/2011
Countless of your gun rights associates assert that law enforcement officers are corrupt and reckless, and, in many cases, responsible for more carnage than civilians. Why, then, when one of them invokes their advocacy for gun rights, do you applaud their endorsement, and thank them for their service? Could you please explain this persistent inconsistency?
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akutan
This We'll Defend
05:22 PM on 10/22/2011
Well said. I received my ccp today.
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Grumpy Man
Disappointed idealist
06:43 PM on 10/21/2011
Mr. Schneiderman,

I might remind you that even Pres. Obama signed off on the expansion of the Law Enforcement Officer's Safety Act (LEOSA) just last year. Under LEOSA, qualified off-duty and retired law enforcement officers can carry concealed weapons in all fifty states and in any political subdivision thereof, including New York City, Chicago, Washington D.C., etc... AND they can even drink a beer or two with their lunch while carrying!!!

My question for you, Mr. Schneiderman, is simple:

Philosophically, should an active duty or retired law enforcement officer enjoy expand civil liberties not afforded to other law abiding citizens?

More on LEOSA: http://en.wikipedia.org/wiki/Law_Enforcement_Officers_Safety_Act

Please note that I'm a LEO with more than two decades of experience. I already enjoy the expanded rights afforded to me under LEOSA but philosophically I surely don't view myself as being above another law abiding citizen.

Under current law, a twenty-year-old, brand new rookie cop who just graduated from the police academy yesterday enjoys expanded rights not afforded to a thirty year military veteran.

Color me cornfuzzled.

SUPPORT H.R. 822!

There is amble evidence available to refute claims that allowing holders of concealed weapons permits to carry concealed weapons across state lines would raise danger levels for anyone. Any such claim is a lie. Stats and facts fall firmly on the side of CCW holders in this debate.
11:01 PM on 10/21/2011
I am also retired 32 year LEO and agree 100 percent with you.

We need better less liberal judges and law makers so the bad guys get locked up for good.
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
02:11 PM on 10/22/2011
Faved and badged!
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hornedcog
Tax Tea Now!
09:01 AM on 10/21/2011
How about a rider that carries minimum sentences for accidental deaths or criminal use by license holders. That seems reasonable.
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Old Jarhead
F-4. The triumph of thrust over aerodynamics
09:27 AM on 10/21/2011
I believe that would be covered by unintentional manslaughter charges, which most if not all states carry on their books. There are probably dozens more charges an enterprising DA could tack on.
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hornedcog
Tax Tea Now!
08:21 AM on 10/22/2011
I think someone with the ability to carry a concealed weapon interstate regardless of existing local laws should serve mandatory minimum sentencing for its misuse. I would include accidental shootings and not allow fines to replace prison time. I believe that you should have the right to carry with the full responsibility for any subsequent actions good or bad.
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danielboone
02:39 AM on 10/21/2011
This is an excellent bill! This would allow legal registered firearms to be taken across state line by the registered owner who has a concealed firearms permit from their home state. Of course I'm under the impression that the Constitution allows citizens to keep and bear arms anywhere there is no limitations per the Constitution!!!
05:01 PM on 10/21/2011
Back to Kentucky with you, Dan'l.
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danielboone
03:14 PM on 10/22/2011
Why do you want me to go back to Kentucky? You don't like the Second Amendment the way it is written?
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Donnie4488
10:49 PM on 10/20/2011
Memo to NY AG:Concealed carry gun owners are the last group you have to worry about re gun violence.It's the ones who carry illegally that you have to worry about.
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
11:09 PM on 10/20/2011
My Congress-person, Sandy Adams, a retired law-enforcement officer, is a strong supporter of H.R. 822. Almost every working cop you talk to will tell you that they have nothing to worry about when it comes to licensed handgun owners carrying their weapons in public.
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danielboone
03:15 PM on 10/22/2011
Hear Hear!
09:15 PM on 10/22/2011
I don't care what your Congress-person says. I am against this bill 100%. I believe every man and woman has the GOD-given right to keep and carry whatever firearm he or she wants, wherever he or she wants, barring private properties where prohibited, without a permit, and I want the FEDERAL STATE OUT OF THIS DECISION. They will USE it to VIOLATE your right to keep and carry firearms within your own State. They'll enact FEDERAL violations of your right. This bill is a BAD idea.
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DaveNYC
12:35 PM on 10/21/2011
Don't expect this to fall on attentive ears. Schneiderman is vehemently antigun. Anything that burdens gun ownership is good, in his view.
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
02:13 PM on 10/22/2011
Gee, he is? Here in Florida our A.G. had a concealed carry license herself!