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Dennis A. Henigan

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Some State AGs Would Rather Please the NRA Than Enforce the Law

Posted: 05/25/2012 2:14 pm

Lining up public officials in support of legislation is standard fare for interest groups advancing their agenda on Capitol Hill. But the letter signed by 23 state Attorneys General in support of the National Rifle Association's bill to nationalize concealed carry of handguns suggests that, for those public officials, pandering to the gun lobby is far more important than doing the job they were sworn to perform.

Call me naïve, but I had always thought that a State Attorney General had a solemn duty to enforce the laws of his/her state. Apparently some Attorneys General recognize a "gun law" exception to that obligation.

The legislation supported by the "Gang of 23," the so-called "National Right-to-Carry Reciprocity Act" (H.R. 822), would force states to recognize the concealed carry permits of visitors from other states, even if the permit holder could not have qualified for a permit from the state he/she is visiting. Under this bill, Congress would be barring states from enforcing their restrictions on concealed carry against out-of-state visitors. In other words, the considered judgment of a state legislature that certain restrictions on concealed carry are required for the protection of the public would be nullified by H.R. 822. I would have thought these Attorneys General, as the chief law enforcement officers in their states, would want the authority to enforce these laws.

To give an example, Montana law provides that persons are not eligible to carry concealed weapons if they have been convicted of certain violent misdemeanors, such as unlawful restraint or sexual assault. Under H.R. 822, Montana could not enforce this eligibility requirement against permit holders from other states who have been convicted of those crimes. One would think that Montana Attorney General Steve Bullock would be interested in preventing sexual predators from bringing their concealed weapons into his State, but his signature appears on the letter supporting H.R. 822, asking Congress to prevent him from enforcing his state's own laws.

It is true, as the "Gang of 23" letter points out, that many of the 23 states already have inter-state agreements recognizing the validity of certain out-of-state permits. But these are agreements the states themselves have chosen to enter into with other states. Under H.R. 822, Congress would force the states to honor the permits issued by every other state. "Reciprocity" would be a matter of federal mandate, not state choice. In effect, by supporting H.R. 822, these Attorneys General are telling the Congress: "Our elected officials cannot be trusted to make the right decisions about who should be allowed to carry concealed weapons in our state. Please make those decisions for us."

Who are some of the people allowed to legally carry concealed weapons under the permissive laws of various states? Florida gave a concealed carry permit to George Zimmerman, even though he had been subject to a restraining order and had been involved in an altercation with the police. Had Florida's concealed carry laws not been so weak, there is every reason to believe that Zimmerman would not have had a gun when he encountered Trayvon Martin that fateful February night and that the teenager would be alive today. A better name for H.R. 822 would be the "George Zimmerman Act," in recognition of the mayhem it will cause to allow people like George Zimmerman to carry their hidden guns across state lines.

Now we have disclosures from Florida law enforcement that violent drug gangs in Miami are making sure some of their members obtain concealed carry permits to allow them to be legally strapped in public. The Zimmerman Act will be a godsend to the Hell's Angels and other violent gangs with well-developed interstate operations.

The Zimmerman Act has passed the NRA-controlled House of Representatives. Similar bills, one sponsored by Senators Vitter (R-La.) and Thune (R-S.D.) and one sponsored by Sen. Begich (D-Alaska), are pending in the Senate. Nationalizing concealed carry remains the gun lobby's top legislative priority, though the Trayvon Martin shooting finds the NRA laying low for the time being. There is no better time than the present for the "Gang of 23" to rediscover their obligations as the law enforcement leaders of their states and put their duty to enforce their states' laws above their obeisance to the leaders of the NRA.

As for now, they should be ashamed of themselves.

For more information, see Dennis Henigan's Lethal Logic: Exploding the Myths that Paralyze American Gun Policy (Potomac Books 2009).

 
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01:01 AM on 07/05/2012
"Gang of 23"? More like the "Gang of 27".
05:32 PM on 06/19/2012
I, for one, will no longer tolerate the practice of burying legislation so that our elected representatives do not have to cast votes which then become a matter of public record. Given that this practice has now become the normal, I will now consider every instance of a non-vote as a NO vote in my consideration of both individual and party voting history for future elections. We, the people, deserve to have all issues voted upon so that we can see if our elected representatives are, in fact, representing their constituents and the US Constitution rather than some party position that, in this case, is indefensible and contrary to both law and fact. I expect the Senate Democratic caucus to do everything to have H.R. 822, S. 2188 and S. 2213 moved from the Senate Committee on the Judiciary and brought to the Senate floor, without amendment, for a vote. Failing that, any one Senator may circumvent any Senate committee through the Senate's Amendment procedures whereby the entire text of a Bill can be added as an amendment to another Senate Bill. Given these options available to every Senator, I will no longer allow my elected representatives and their political party to hide behind procedural gimmicks in order to obscure their performance and their true intentions.
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Mac Howard
Thank god we got convicts, you got the puritans
08:14 PM on 05/30/2012
I've entered the asylum again :rolleyes:
03:11 PM on 05/30/2012
The author seems to have no problem with individual states limiting Second Amendment rights. I wonder if he has the same view regarding states limiting First Amendment rights. Or, Fourth Amendment rights, or...
10:40 AM on 05/29/2012
Even as a lilfe member of the NRA, I am not too sure I agree with the bill.
It allows the Federal Government to get involved via the "commerce laws"; which could then give the federal government regulatory power over a state permits. This could cause some very unintended issues...like national data bases and federal control if you travel out of your issuing state.
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David Carson
02:27 PM on 05/29/2012
I see it more of an issue of forcing states to recognize the 2nd amendment rights of everyone, a person who has been convicted of nothing is certainly entitled to carry nationwide
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Pete Gerasia
If you can't think logically, don't talk to me.
02:51 PM on 05/29/2012
Well, I already own my guns. Not much they can do to stop me from owning them. I'd rather be able to visit my family in New York without having to leave my gun at the border.
spiffy nid
For the Emperor.
11:10 PM on 05/28/2012
An armed society is a polite society. I see no issue with allowing a person to carry concealed weapons across state lines. Instead of getting bent out of shape over recognizing other states' permits, why not lobby the looser states to tighten up their qualifications to get a permit? Oh wait, that would make sense...
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rikilii
Quod gratis asseritur, gratis negatur.
11:05 AM on 05/29/2012
Because, even though he claims to care about the finer details of each state's requirements, he only cares that states with no realistic right to carry be able to maintain that right, and indeed wants the states that do allow concealed carry to stop doing so.

His example about Montana's restrictions relating to violent misdemeanors is especially laughable, considering the fact that:

1.  Federal law already prohibits possession of firearms by those who have been convicted of crimes of domestic violence, who are subject to typical restraining orders relating to stalking or domestic violence, or who have been convicted of a crime punishable by imprisonment exceeding one year.

2.  Montana has already chosen to recognize the permits of 41 other states, including states which will issue non-resident permits to any person in the county, and which do not have the same restriction Henigan points out, essentially allowing anyone in the country who meets the federal firearm possession requirements to carry there.
spiffy nid
For the Emperor.
12:43 PM on 05/29/2012
So his argument extends to getting rid of CCPs?  I invite him to walk through my neighborhood unarmed at night.  I'm fairly certain that would change his tune.
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OdinsEye
Korean-Latino cop and retired military combat vet
07:16 PM on 05/28/2012
"Florida gave a concealed carry permit to George Zimmerman, even though he had been subject to a restraining order and had been involved in an altercation with the police. "

Ah yes, another person who has convicted Zimmerman already. BTW, the RO had expired long ago and would therefore in the majority of states it would not have been a reason to deny a concealed carry permit. Likewise, the altercation with a law enforcement officer did not result in a conviction and in most states would not be a reason to deny a concealed carry permit.
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David Carson
10:06 PM on 05/28/2012
last time I checked Dennis the menace is a disarmanut notorious for being less than truthful, even for a lawyer
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enlightened45
02:03 PM on 05/28/2012
@le 45..from the ridiculous to the sublime....GB7 to wine....

The cab that I had Saturday was a winner of Double Gold at the San Francisco competition last year. It is delicious as is their petite syrah. Pinoir noir is not quite bold enough for my tastes, but they do produce one that is very popular. The winery is Jean Farris and most of what they produce is local and available to the wine club members and at their wine bar and restaurant. We go about once a week to enjoy the wines and chat with folks who have stopped on their travels. The winery is right off interstate 75 and many are touring the bluegrass area and the horse farms, but some are just on a self-guided wine tour or traveling points north and south. A memorable cab is Regusci 2001, and too pricey for everyday indulgence, but I believe a California wine. Your area, Washington state, produces my favorite Reislings, but now I am having a Kendall Jackson Reserve chardonnay(about $14) and liking it way too much. I hope you are enjoying your holiday weekend, le 45. What are some of your favorite wine brands?
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enlightened45
03:02 PM on 05/28/2012
Make that pinot noir..
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rikilii
Quod gratis asseritur, gratis negatur.
11:10 AM on 05/29/2012
Darnit.  I was just about to start Googling this new varietal that I must have been missing out on all these years.
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schotts
This We'll Defend
10:37 AM on 05/29/2012
Some people liken KJ as the Budweiser of wine (and based on volume sold, I understand why). But I agree - their reserve chardonnay is excellent, especially for the price. And with summer now in full swing, time to pick more up.
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enlightened45
12:21 PM on 05/29/2012
Jess Jackson, the founder of Kendall Jackson came to the area several years ago and bought a horse farm in order to compete in the Kentucky Derby and become a part of the horsey set. Nowadays being a billionaire is required in order to undertake this goal, a mere multimillionaire can't compete anymore. To make a long story short, Jackson then began to sue any and everyone associated with the thoroughbred sales, and was not very popular within the group, but I mention this simply to entertain le 45. Jackson passed a while ago and no more lawsuits at the Keeneland sales.

Have you tasted their new Avant which is not oaked or malolacto fermented as their other chardonnays are. I still like the original better.
10:25 PM on 05/27/2012
I've voted liberal in every election for over 40 years, but I totally believe in concealed carry of firearms. The city I live in has 140 times the national average in violent crime and is in the top ten cities nationwide for violent crime against women; and it's a city of only about 50,000. The city police department is inept because of cutting taxes, wages, and jobs; you'd better be watching out for yourself. The cops only come to string up the yellow tape.
12:27 AM on 05/28/2012
That is true all over the country. The saying is: When seconds count the police are only minutes away." The courts have consistently ruled that the police do not have a responsibility to protect us.
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enlightened45
06:29 PM on 05/28/2012
As private security....look up the cases...
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wolflover3825
Hungry Like the Wolf.
08:14 PM on 05/27/2012
I seem to remember about 4 months ago, everyone was denying that this did not exist and never will. All this denying was coming from the anti-gun people. Seems like they either did not know anything or they were not being truthful. I suspect a comination of both, but more of the not truthful part. Being less than truthful is engrained into their agenda. That's why their own numbers are declining and their agenda is failing.

I remember anti-gunners protested and declared that the ATT is not a reality. And quite a few, almost all actually claimed that the gun rights people were just fear mongering for their agenda. Well it seems that it really is here, and the anti-gun people were less than truthful about it as usual.
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wolflover3825
Hungry Like the Wolf.
08:59 PM on 05/27/2012
Sorry. This comment was intended for this place...

http://www.huffingtonpost.com/eric-sapp/the-most-important-treaty-youve-never-heard-of_b_1544593.html

That what happens when you are trying to do 3 things at the same time.
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enlightened45
01:50 PM on 05/28/2012
Your aim seems to be way off, wolf...
07:54 PM on 05/30/2012
Anti-gun people are less than truthful. I have had guys like Rich7553 claim that Zimmerman was never told to stop following Trayvon. Sorry but the guys who don't tell the truth are the NRA apologists.
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wolflover3825
Hungry Like the Wolf.
09:15 PM on 05/30/2012
And how exactly does this refute my statements?

Were those 3 reporters that altered then aired the altered version of the 911 tapes NRA people? Were the people that denied the existance of thise treaty NRA people? Were the people that claimed this treaty was a hoax 3 months ago NRA people? Are the people that even now deny it's real NRA people?

And if you really want to discuss the Martin case, there are still comment section on articles for that particular topic.
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shootr687
Liberty, not false security
05:57 PM on 05/27/2012
"The Gang of 23 and the George Zimmerman Act"

The gun banner is at it again coming up with word changes to suit his agenda. Just as they change statistics to suit their lame stance. Always demonization spouted as they run their hands through the blood of the fallen.
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04:50 PM on 05/27/2012
"The Zimmerman Act will be a godsend to the Hell's Angels "

I knew Henigan was living in the past...but that is just too funny!
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enlightened45
06:26 PM on 05/27/2012
George Zimmerman has become a co-poster boy for the NRA....along with Ted Nugent. That's a situation of comic-tragic proportions that would make even Shakespeare weep.
07:43 PM on 05/27/2012
More anti-NRA rhetoric. Nothing to see here, move along.
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thorrsman
Why should I define myself by quoting others?
08:25 PM on 05/27/2012
Try living in the real world rather than the fear-filled fantasy world of the Brady Bunch for a while.

You will enjoy it here much better than there.
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Carla van der Meer
in scientia opportunatis
02:48 PM on 05/27/2012
The 2nd amendment does allow to bear arms. It says nothing about cruising around the countryside with a concealed weapon on your person.
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Pete Gerasia
If you can't think logically, don't talk to me.
11:17 PM on 05/27/2012
that would actually be the "bear" part, so...
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David Carson
01:37 PM on 05/28/2012
last time I checked, the 2nd amendment protects the right to BEAR arms--would you rather have the gun the person in front of you at Starbucks be concealed or openly carried
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Rooster Coburn
Less Gov't + More Responsibility = A Better World
09:59 PM on 05/26/2012
My wife and I recently completed a 3500 mile, 18 state road trip from our home in Florida to St. Louis, Missouri for the NRA National Meetings and through the Appalachians back home, with a stop in New York City. While the great majority of the states which we traveled through recognized our Florida concealed carry licenses some did not, but every state recognized our state issued drivers licenses. Other than remembering, "No Right Turn On Red" in NYC we did not have to consult a law book as to the motor vehicle laws of each and every state we drove through. Why should licensed handgun carriers be treated differently from licensed motor vehicle drivers?
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Pete Gerasia
If you can't think logically, don't talk to me.
02:27 AM on 05/27/2012
Love it. Can't wait to hear the replies to this....
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wolflover3825
Hungry Like the Wolf.
07:33 AM on 05/27/2012
So far silence from the disarmanuts. I guess they don't have a just answer. Or at least a logical one.
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David Carson
02:19 PM on 05/27/2012
the disarmanuts never have--although I still miss the 2 disarmanuts supreme--fluffyguffy and kelli shefandances
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enlightened45
06:23 PM on 05/27/2012
RC and logic....you must be kidding. He is still trying to justify the Rand Paul supporter stomping of the young campaign worker in Lexington.
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