Wednesday, July 29, 2009

US-Wide Concealed Carry?

OK, so the National Concealed Carry legislation did not go through (also known as the Vitter-Thune Legislation). The law would have allowed any state with a concealed carry law to recognize the permitee of any other state with a concealed carry law, and provide that the permittee follow the laws of the state they are in. Seems rational, right?

The liberals came through with another rousing rendition of "people losing their tempers and blood in the streets". But is this loss really as big as they say? Let's take a look.

1) This law does not really create something new, it only expands what is current. Let's take a look at Louisiana. Right now, if you have a Louisiana CCW permit, you are allowed to carry concealed in THIRTY ONE other states. You HAVE to abide by the laws of that state (and I pound this in to the heads of my students every week). The new law, if it had passed, would have kept the same rules. So, when Chuck Schumer complains that people with concealed carry permits would be roaming the streets of New York City, he was WRONG. New York City law does not allow Concealed Carry, not even New York STATE concealed carry! Glad I don't live there! He also complained that criminals would get permits and carry guns across state lines. Last I looked, criminals don't apply for permits because - a) They would get rejected and arrested b) They're CRIMINALS, hello, no permit needed for them, they just break the law anyways!! (Remember New Yorkers, you voted for him - Sorry). I guess he forgot to mention that.
2) A majority of Senators (58) voted in favor of it. The Democrats, since they control the Senate, can "do what they want 'cause we won" insisted on a 60 vote majority through procedural wrangling. This is what they used to ram through the auto bailouts and the TARP - and see what that got us?? Just wait for Obama care! A MAJORITY of Senators favored it. But majority rule is not a Democratic tenet when it is not in their favor.
3) Liberals screamed back in the 90s that when concealed carry permits were issued, there would be blood on the streets. There are currently 48 states that allow concealed carry (that is currently 5 MILLION PEOPLE). Just about every state has a strict background and medical check to get one. Their screams have rung hollow, the mass killings and blood in the streets has not flowed. Some studies, like the ones from The Violence Policy Center (a radical anti-gun group), make big errors in their findings against the so-called "concealed carry crazies". They include arrests (but not convictions) and sometimes report that people have concealed carry permits when they do not. Anyone that uses a handgun, even for self-defense, may end up getting arrested. Law enforcement arrives and can't be sure what happened. But more often than not, they are not convicted because they were justified in using force. When that fact is pointed out to the Violence Policy Center, it is typically ignored
4) The average failure rate for a concealed carry holder (denied, revoked or suspended), US-wide, is about .01 to .05 percent. The most common reason? Had a concealed carry firearm but forgot the permit at home, a MUCH lower rate than auto drivers who forget their license at home (Maybe we should ban cars??).
5) The Concealed Carry Laws have been so SUCCESSFUL that NONE of the states are even thinking about repealing or scaling them back. The reciprocity laws in Louisiana have expanded to 31 states in the last 4 years. 5 states were added, including Nevada which was NOT allowed previously

Monday, July 20, 2009

Postscript to Gov. Jindal

He got this one right. It is illegal to USE a firearm in the commission of a crime within 1000' of a parade. Rep Ernst decided (and obviously intended) to not allow anyone within 1000' of parade to carry a firearm. The only exemption was owner's property. Cars were not even exempted (and in Louisiana a car is an extension of your home) nor were Concealed Carry Permit holders exempted (and bear in mind it is illegal even for a concealed-carry holder to go to a parade with a firearm). If this law passed, I would have been breaking the law, say, If I was in my car 1200' from the parade and walked to my house 900' from the parade. So this was an obvious ploy by Rep. Ernst to prevent anyone from having a firearm within 1000' of a parade. More so, it is an outright ban and as far as I am concerned, a blatant violation of the Second Amendment. Thanks to Gov. Jindal, this was averted. Morseo, he DID sign a bill that provides harsher penalties for using a firearm in the commission of a crime within 1000' of a pre-Lenten (Mardi Gras) parade (like, hard labor for a long time and a huge-ass fine!!)

Gov. Jindal votes for Freedom in Louisiana

From the Times-Picayune and NRA Website - On Friday, July 10, House Bill 523 was vetoed by Governor Bobby Jindal (R). HB 523, introduced by State Representative Gregory Ernst (R-94), posed an unacceptable risk to those who lawfully carry a concealed firearm.
NRA’s main concern was that the bill could be interpreted to create an outright prohibition on the carrying of a firearm within 1,000 feet of a permitted parade or demonstration, except as specifically authorized in the bill. While certain persons would have been exempt from this prohibition, holders of a valid statewide concealed carry permit would not have been among them. Someone who was otherwise lawfully carrying a firearm pursuant to a statewide permit could have been exposed to criminal liability merely for wandering within 1,000 feet of a parade, whether or not the person caused any harm, broke any other law, or even knew the parade was occurring.
The actions of the sponsor himself indicated that his intent was to ban outright the carrying of a firearm within 1,000 feet of a permitted parade or demonstration. The bill had at one point included an explicit exemption for statewide permit holders, which resulted in Representative Ernst’s threat to pull the legislation unless this exception was removed. Representative Ernst also refused an NRA request to amend the bill to clarify that a person would only be available for the bill’s penalties if the person knew he or she was within 1,000 of a parade or demonstration at the time of the violation.
Given the above-mentioned factors and the very harsh penalties imposed by the bill, NRA believed HB 523 posed an imminent and serious risk for those who lawfully carry firearms in Louisiana. A conviction under the amended statute, even for an inadvertent violation, would have carried felony penalties and the collateral consequence of a lifetime loss of the right to possess a firearm. These penalties are far too grave to risk the very real chance that a court could have interpreted the statute to create an outright prohibition on the possession of a firearm within 1,000 feet of a permitted parade or demonstration, even for those with a valid Louisiana concealed carry permit
This is what Gov. Jindal wrote in his veot message to the Louisiana House (From www.legis.state.la.us) -
Under current law, it is illegal to carry a firearm used in the commission of a crime of violence within a parade zone. The purpose of this qualifying language is to require that the illegal use of
a firearm is the primary element of the offense, not the mere possession of a firearm. House Bill
No. 523 removes this important provision and criminalizes certain acts of mere possession. The
National Rifle Association and others have requested veto of this bill in part because it does not
exempt firearm carriers with a valid permit under R.S. 40:1379.3 or unintentional violators. In
addition, I have signed House Bill No. 44, which creates the crime of reckless or criminally
negligent discharge of a firearm within 1,000 feet of certain public events, including parades.
For these reasons, I have vetoed House Bill No. 523 and hereby return it to the House of
Representatives.