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Cliff Schecter

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Chris Cox's Failed Argument for Forced Concealed Carry

Posted: 09/13/11 10:52 AM ET

NRA lobbyist Chris Cox recently authored an op-ed for The Daily Caller in which he argued in favor of the National Right-to-Carry Reciprocity Act (H.R. 822). Sadly, as is often all-too true with the arguments made by the NRA regarding our nation's gun laws, his reasoning was misleading at best.

First, Mr. Cox argues that this legislation "explicitly protects the right of each state to issue its own permits and determine its own rules and regulations with regard to concealed carry," which is actually the opposite of what this legislation hopes to accomplish. If one can get a permit in a state with such lax standards that even convicted criminals can get one, and then retain these rights while simply crossing the border and entering another state where there are laws in place to protect its citizens from criminals, then what control does the latter state have over the permitting process for its residents?

No -- what Mr. Cox is doing is using the full force of the federal government (how ironic) to make one state adhere to the wishes of another, even if he won't admit it. As former GOP Rep. Tom Davis of Virginia pointed out in a July 2009 op-ed in Politico, the Thune Amendment (legislation equivalent to H.R. 822 in the Senate) "flies in the face of federalist principles by usurping state laws."

Next, Mr. Cox urges us to "imagine" a system where concealed carry gun permits are treated just like driver's licenses. Come again?

Is the NRA now comparing a concealed carry permit to owning and driving a car, where each individual is required to possess a license and register their vehicle? So is Mr. Cox's position that we should create a registry of each person who carries loaded, concealed firearms, so gun regulations will work similarly to the laws governing the owning and driving of automobiles?

To the substance of his point, the police are able to verify the status of one's driver's license through a national database. With concealed carry permits, there is no such licensing database -- and Mr. Cox assures us there are no plans to create one. Some states don't even keep accurate records of who's allowed to carry a concealed weapon -- much less feed them into a national database -- and others destroy these documents. Perhaps this is why virtually all law enforcement organizations oppose this.

Additionally, where driver's licenses have become extremely hard to forge, especially since 9/11, concealed carry permits in most cases are technologically prehistoric and in the case of some states, a fake permit could be created easily by anyone with a typewriter, a laminator and an extra 15 minutes on their hands. This, of course, is a recipe for increased criminal access to firearms and a body count to match, which is perhaps why Rep. Davis named his op-ed "[Sen.] John Thune's pro-criminal gun amendment."

And if you live in a state that has common-sense laws for the issuance of a carry permit, consider that only 35 states require some type of training, certification or time at the firing range to carry a loaded, concealed weapon. An investigation by The Florida Sun Sentinel revealed that the state of Florida granted concealed carry permits to more than 1,400 people who pleaded guilty or no contest to felony crimes. Florida also gave permits to 216 people with outstanding warrants, 128 people with active domestic violence injunctions and six registered sex offenders.

One man who got a concealed carry permit in Florida, Michael Leopold Phillips, had three charges of domestic battery or assault on a spouse, and one of his ex-wives was granted an injunction for protection against domestic violence. Despite this record, Florida granted him a concealed carry permit in 1999 and renewed it in 2006. In 2008, he shot and killed his wife and then killed himself.

Research in 2008 by The Memphis Commercial Appeal found that Tennessee's concealed-handgun permitting system has armed dozens of people with violent criminal histories, including a man convicted of sexually assaulting his ex-girlfriend and then, armed with an assault rifle and a handgun, abducting her. The paper identified 70 residents of Shelby County, Tennessee, who were issued permits despite arrest histories including robbery, assault and domestic violence. The article even cited one case in which a permit holder had 25 arrests on his record when he obtained his concealed carry permit. He was later the subject of federal charges for a series of bank robberies.

A 2009 Indianapolis Star investigation of Indiana's concealed handgun system found that those granted concealed handgun permits included: one man who pressed the barrel of a loaded handgun into the chest of a woman holding her one-year-old son; another man whose handgun was confiscated by police three times (twice for shooting in public); and a man who had been arrested for dealing crack cocaine and was later accused of beating his girlfriend. These are only a few of hundreds of similar cases.

In fact, several states have recently canceled agreements with other states after they lowered their standards. For example, Nevada recently ended its reciprocity agreement with Utah because Utah no longer includes live-fire instruction. Should Mr. Cox and his buddies at the NRA be allowed to tell these states that they lack the power to do as they wish to keep their citizens safe?

It is quite simple. If Mr. Cox has his way, more domestic batterers, more sex offenders, more habitual drunkards, more drug dealers and more fugitives from the law will soon be allowed to legally conceal and carry a firearm in a neighborhood near you, perhaps because a state 3,000 miles away says that's A-OK.

Tell Congress that you don't want the NRA meddling in your state's internal affairs, and that restricting the rights of states to keep guns out of the hands of dangerous criminals is simply wrong. Let your elected officials know that you aren't willing to stand idly by while Chris Cox places the dogmatic ideology of his special interest group ahead of the safety of your family.

Follow Cliff Schecter on Twitter @cliffschecter

*This piece was first published at The Daily Caller

**Disclosure: I am a strategic advisor to Mayors Against Illegal Guns

 
 
 

Follow Cliff Schecter on Twitter: www.twitter.com/cliffschecter

 
 
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03:18 PM on 10/26/2011
This bill should be defeated - not on the face of the bill itself but rather opening any gun rigths up to federal law. I believe the intent of the bill is not anti-gun but everyon knows this is a doorway into broader gun control carried out at the federal level and forced upon state government. Anyone with a CCW knows which states have reciprocity with their own state - it the responibility of a gun owner to make sure they're not breaking the law - nothing good ever comes out of federalizing anything. I don't trust congress to do the right thing and once it's a law it is open to ammendments which can add further restrictions. I'll pass - can you imagine how impossible it would be to a valid CCW with the congress that was in place 2008 - 2010? And a note to Cliff Schecter, your clearly misinformed. Not only do gun related crimes drop, but all violent crimes drop in areas where gun laws are least restrictive. Criminals do not go across state lines to buy guns, they buy them illegally in their own communities. The very essense of the word criminal is doing something against the law - so laws would only punish those who follow them.
02:54 PM on 10/11/2011
Higher rates of concealed carry leads to lower rates of handgun violence and especially murder. Always have. Look at Wash, DC and Chicago if you need recent examples. It's a matter public safety, and it's a matter of my personal safety to ensure ccw permits to law abiding citizens. Why should I be made more vulnerable to violent assault because I travel across state lines?
08:02 PM on 10/13/2011
I think anyone should be able to carry a firearm anywhere they like, except posted private property, without a permit, but I am AGAINST this legislation. I don't trust them. It smells like rent-seeking.
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Jerry Bourbon
02:51 PM on 09/22/2011
This concern for Congress potentially "meddling in your state's gun laws" is touching. Where was this author when the Obama Regime filed suit seeking to overturn the Montana Firearms Freedom Act?
11:30 AM on 09/19/2011
The Fourteenth amendment could than be used to allow medical marijuana to travel between states. If its legal in Colorado than it must be allowed to be transported to Kansas or any other state. The states cannot interfere with interstate commerce. If you are issued a (same-sex)marriage license in NY; the license must be accepted in Texas or any other state.
07:01 PM on 09/15/2011
They sure do just let anyone spew out the mouth nowadays in the news. It's a wonder why news organizations are a joke. How about blaming your corrupted counter parts in politics as to why the people in your stories were able to get gun permits. Yeah scratch your head on that one tool!! I'm a person with my LTC here in taxachusetts and it sucks, every town is able to do what they want. I received a restricted with nothing on my record, but a friend of mine in another town got unrestricted with some minor stuff as a kid. So if it was federally standardized like drivers licenses I believe it would be allot better, and then the cards could come from a gov system to thwart forgery. So how about getting out of your parent's basement and do a little bit of actual learning, in between when you are playing WOW or D&D. Us legal firearms enthusiasts don't need more laws, we need intelligent people that can enforce current laws and stop letting criminals out of jail.
06:49 PM on 09/15/2011
Meh, you're the one that has to live with yourself knowing that you do that sort of thing.
12:37 PM on 09/15/2011
Just so we're clear, you anti-gunners care about state's rights now, but where was the call for state's rights when the NATIONAL Assault Weapons ban was in effect?

I get you're anti-gun, but just say it. Don't hide behind State's Rights, it's insulting....
11:45 AM on 09/15/2011
I find the reliance on the Florida case laughable because the author seems to be blaming the concealed carry permit issued to Mr. Phillips as the reason he was able to shoot his wife. Mr. Schecter, do you really believe that had this guy not been issued a concealed carry permit he wouldn't have shot his wife? As is almost always the case, the argument ignores reality.
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David Carson
04:35 PM on 09/14/2011
Mr Schecter--since you seem to object to shall issue license to carry--I expect your next post to advocate nationwide Constitutional carry (no license required for legal loaded carry--open or concealed as the individual chooses)
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Patriot 70
02:30 AM on 09/15/2011
It should be a nationaide constitutional carry. After all, people retained the right to own and carry guns and never granted that right to the government to regulate.
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David Carson
04:17 AM on 09/16/2011
and if Chicago and DC stick to their guns, it will most likely end up real close to Constitutional carry
04:27 PM on 09/14/2011
Stop the NRA!
12:09 PM on 09/14/2011
More high quality arguments from the author:

http://daysofourtrailers.blogspot.com/2011/06/public-relations-of-gun-control.html
11:33 AM on 09/14/2011
What the author doesn’t realize is that The People have a Fundamental Right to Keep and Bear Arms. This right is unalienable so it goes with a person wherever they choose to go. If states want to regulate the manner of Bear to concealed only and by permit, then they can either issue licenses to all unrestricted persons equally or honor the permit from other states. Despite the new round of dire predictions from the gun control lobby, this issue is already decided and this bill is simply a move to support and protect a civil right. If the state next to yours required a permit for you to get an abortion and they would not allow you a permit, would your right to terminate your pregnancy no longer exsist if you visited that state? How about religion or speech…
10:50 AM on 09/14/2011
So tell me this:
Why is it I'm deemed OK to carry a firearm in certain latitude & longitude, but I'm not ok as when I walk two steps into another (I.e, crossing over into CA from NV or AZ, into MD from VA,or from IN to IL)? I'm still the same person, my values or morals haven't been affected by crossing from one state to another. Yet, I, the individual, am arbitraily denied the right to self defense based on my physical location.
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Conlaw Bloganon
Ron Paul 2012!
04:56 PM on 09/14/2011
Probably the same reason that the liberals think people become inherently more dangerous when they come within 1,000 feet of a school....
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10:38 AM on 09/14/2011
I don't know, should the federal government force the states to uphold the 1st amendment? Why should the 2nd be different?
Constitutional carry ftw
08:04 PM on 10/13/2011
No. The First Amendment was never intended to apply to the States. Notice, it says "CONGRESS shall make no law . . ." Not the States. Up until the 1840s, several states did, in fact, have official established State religions. Read Amendments IX and X.
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mackbolan
Libertas inaestimabilis res est
04:22 AM on 09/14/2011
lets just adopt constitutional carry as the 2nd amendment reads...there is no mention of age or race or sex or religion or criminal status...oh wait...its a right so it is supposed to be applied to everyone equally...and i will be the first to admit that the 2nd is vague...it may be that the founders realized that ones last hope may very well lie with the undesirable element...better to have a few armed criminals and a chance than no arms at all...
11:21 AM on 09/14/2011
The only way it is going to happen is if the Supreme Court decides that this is what the 2nd Amemdnent really means and "reasonable restrictions" doesn't include a permitting system. Of course, there is a chance that may happen.
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David Carson
04:39 PM on 09/14/2011
with the ongoing cases in California, Ilinois, DC, NY/NJ etc--it won't be long before legal, loaded carry is the law nationwide
06:05 PM on 09/14/2011
Yes! We need a permitting system like that used by the Founding Fathers!

I think they call that, "Constitutional Carry".