Protect Your State from Nationwide Concealed Handgun Policy
Congresswoman McCarthy cautions governors against new handgun proposal in Congress.
As a gun safety and anti-violence advocate who believes that Second Amendment rights must be better balanced with the need for public health and safety, I recently sent a letter to 50 U.S. governors warning that a new bill in Congress is a direct threat to their ability to set their own gun safety policy.
The National Right-to-Carry Reciprocity Act, H.R. 822, uses the power of the federal government to strip the ability of states to decide for themselves the conditions by which individuals can carry a concealed handgun.
If the bill were to become law, a state that has decided that concealed handgun carriers should go through certain kinds of firearm safety training or pass certain criminal background checks would be forced to allow residents of other states to walk its streets armed, even if they acquired their weapons without passing those standards.
I wrote in the letter that:
This policy removes the ability of your state to pass laws or regulations regarding armed visitors to your state and forces the citizens of your state to honor the policies of the government of another state over whom they have no electoral control or remedies for addressing ill-advised policies.
Under H.R. 822, residents of states with lax requirements for acquiring a concealed carry permit could use their permits to carry a concealed handgun in states with stricter requirements such as New York.
Thirty-seven states have “shall issue” laws for concealed handguns, making it relatively easy for residents to obtain permits that under H.R. 822 would allow them to carry in any state. Seven states have more restrictive “may issue” permit laws: Alabama, Connecticut, Delaware, Maryland, Massachusetts, New York and Rhode Island. Two states – Illinois and California – don’t allow non-law enforcement private citizens to carry a concealed handgun at all (by not issuing such permits).
Other aspects of the permitting process allow different states to set their own standards for carrying a concealed handgun. According to Philadelphia Police Commissioner Charles Ramsay at a Judiciary Committee hearing on September 13, “Thirty-eight states will not grant permits to people convicted of certain violent misdemeanors, such as assault, stalking or sex offenses. Thirty-six states do not issue permits to people under the age of 21. Twenty-nine states deny permits to alcohol abusers, including – in many states – people convicted of driving under the influence. And 35 states require some type of gun safety training or live-fire practice.”
A database of United States concealed carry laws is available at http://www.carryconcealed.net.
Commissioner Ramsay added, “We have a uniquely diverse nation. What works where I currently serve as Commissioner in Philadelphia, and the Commonwealth of Pennsylvania, does not work for our neighbor across the river in New Jersey. Our laws for obtaining a permit are vastly different, based on well-debated decisions made at the state level.”
I must note the superfluous and political nature of the bill, which would force states to do something they already have the right to do if they choose. Currently, a state that wishes to enter into a reciprocity agreement with any other state may do so.
I also wish to point out the hypocrisy of state’s rights advocates who are supporting this bill, which strips the rights of states to set their own policies.
It has long been the argument of many of the Members of Congress who are cosponsors of this legislation that the states know best how to provide for their own citizens and that a one-size-fits-all federal policy constitutes a dangerous overreach of federal power. It is curious that these Members seem to be abandoning their states’ rights principles for this particular issue. I would encourage them, in this case, to rethink their politically-motivated abandonment of their principles and leave this decision to you and your state legislature.
Carolyn McCarthy is the representative of New York’s Fourth Congressional District. She was first elected in 1996.
sp60
8:40 am on Saturday, October 15, 2011
This is no different than respecting other states drivers licenses. Cars are infinitely more deadly than guns, yet this never comes up because it's a non-issue. Permit holders, as a group, have have a lower rate of felony commission than police officers. This is NOT a roving gang of thugs coming into your state, but responsible, armed citizens who are only interested in going about their business. The armed thugs ALREADY travel freely between states with their illegal weapons.
Nunya
10:07 am on Saturday, October 15, 2011
What everyone against the argument of nationwide concealed carry fails to mention is the fact that felons are going to carry illegally without a permit. For a person to obtain a lawful concealed carry permit they have to be (even in the least strict states) passed through a criminal background check, finger printed, a photo taken of them which clearly displays their face, hairline and eyes and then cleared with the state police of that state. Anyone with a criminal background or anyone found to be a threat to others based on their mental health or past based criminal activity is unable to obtain a permit. This implies if they do want to carry, they will do it illegally. For those who have to travel across state borders and wish to protect ourselves (the average police response time is 5 minutes, the average person can bleed out in 2) the individual state permit model is a burden. As mentioned previously, cars are much more dangerous than guns as more people die in car accidents than by guns every year, as well as shooting being the safest sport at .1% of the sports injuries as compared to other sports.
USMC Limey
10:59 am on Saturday, October 15, 2011
California is a a "May Issue" state. Illinois is the lone state which does not issue any permits - and look at their violent crime rate, DC also doesn't issue permits and they are worse off than IL.
May issue states simply encourage ring kissing (votes, campaign contributions etc.) of elected officials (Sherriffs/Judges/Police chiefs) to get a permit. It also permits discriminatory practices by those officials.
It is already illegal by Federal law for a convicted felon to posess a firearm, whether he has a permit or not is immaterial.
Joe Blaylock
2:36 am on Sunday, October 16, 2011
You are mostly correct Limey, but there are a few- mostly rural- counties in California that are "shall" issue. I am fortunate to live in one of the few more urban counties- Sacramento County- that has decided to trust law abiding citizens to defend themselves from the violence of criminals. I have my License to Carry, and do so every day to protect my family.
John
4:31 pm on Saturday, October 15, 2011
The state Congresswoman McCarthy represents is NY and NY is an unfair, shameful state when it comes to issuing permits. It depends to the county the person lives, some counties never issue some do and some take up to year to obtain. The loops the person is suppose to jump is unconstitutional, unfair and expensive. The states with minimum requirement is all needed, which is clean criminal and mental record, fingerprints and sone photos. Everything else imposed by states like NY is a shame and these curropt states lead and represented by these incompetent politician has to face the rights of the people. Congresswoman McCarthy can forget about my vote next election.
LeRoy Kirchner
10:29 pm on Saturday, October 15, 2011
It's a shame that we have to put up with addlebrain morons like Congress Woman McCarthy. If she is so worried about government controll she needs to be doing something to stop Obama Care.If yyou put her and Pelosi in a sack and shake them up you would end up with the same on top as you have on the bottom. LeRoy.
thedewman
12:35 am on Sunday, October 16, 2011
I am fearful that this law may give the federal government power that it shouldn't have. (Power to take away later what it gives now.) I would prefer that the unconstitutional laws of the "may issue" and "not issue" states just be removed from the books.
james castiglione
8:31 am on Sunday, October 16, 2011
Now she is worried about states rights..Where were you when Obamacare was being pushed through? You were in that parade. I sent your office an e-mail about Gov. run healthcare and 2.5 yrs later and I'm still waitng for a response . Time for the hypocrite to get voted out.
Rob
8:45 am on Sunday, October 16, 2011
If you have any questions on the CWP law or training visit www.e2c.us or 1-866-371-6111 and the Instructors at Equip 2 Conceal will be happy to help you.
Lynn Borowski
1:17 pm on Sunday, October 16, 2011
James, you said exactly what I was going to say! There isn't anything that Carolyn McCarthy doesn't think the Federal Gov't. SHOULDN'T control! States rights are foreign to her. The only issues she is concerned with are gun-control (and we will all need guns with the coming "Revolution") and scaring Senior Citizens into believing that the Evil Republicans want to "take away" Social Security, Mediare, Medicaid, yada yada. During the healtcare debacle, I called and called and wrote and even went in person to her office and NO ONE WOULD MEET WITH ME. Ms. McCarthy refuses to have a public Town Hall during August and only had her half-hour "phoney Telephone Town Halls". She is too busy living in her home out East in between "dropping in on Senior Centers". Time to retire Ms. McCarthy permanently to her Suffolk County Estate.
God Bless you all for being so informed. Gives me hope.
Gary Clark
2:16 pm on Sunday, October 16, 2011
i have a permit to carry a concealed weapon and i also suffer from post traumatic stress disorder i have had my permit for over three years now ive only fired my pistol once or twice in that time and that was at the range but from what i understand your military service which resulted in my disability can not be held against me of course i passed the crimminal backround check with flying colors but im from ma. and ive lived in florida for over twenty years now but i have people in ma. who i visit so if i were to drive up there the first thing you notice in ma when you cross the border not welcome to ma. its their gun law an automatic year in jail now if i deside to drive to ma im wondering if my permit is still good there and if not how do i get one so that i can carry while im visiting its more for protection while on the road than anything i have the right to protect myself i would think
Howard Wilner
4:45 pm on Sunday, October 16, 2011
Congresswoman McCarthy’s information is inaccurate, as usual when it comes to firearms. California has over 35,000 active permits to carry a concealed weapon. Granted these are mostly issued in the more rural counties, but not entirely. Sacramento County has over nine hundred active civilian permits, with over six hundred approved and pending issuance, to civilians.
IT sure seems that she likes to shoot from the mouth, without any knowledge to back it up….
BHirsh
5:29 am on Monday, October 17, 2011
Fundamental rights cannot be 'balanced' with ANYTHING, they are fundamental. The "rational basis" test is for lesser rights that can, to an extent, be attenuated when a "compelling state interest" can be proved, but fundamental rights CANNOT. The right to arms is a fundamental right, hence it not only applies universally, but states that infringe the right with arrogant impunity (read, arbitrary "may issue" powers) must be dragged kicking and screaming into compliance. That includes honoring any permit from any other state.
Michael D. Settles
11:39 am on Monday, October 17, 2011
This pending legislation is a classic and appropriate use of the Commerce Clause of the US Constitution: It requires that licensing done in one state be recognized in every other which licenses for concealed carry. Carrying within a state on any license requires that local laws be observed.
This correspondes with each state recognizing every other's motor vehicle and marriage licenses, as has long been mandated by the feds.
I see this as a step on the path to the return of Constitutional Carry - with a long way to go. The anti-gunners are fearful of this as it will further weaken their propaganda position when, once again, their "blood in the streets" rants turn out false.
BHirsh
7:19 pm on Monday, October 17, 2011
Michael, H.R.-822 is NOT a proper exercise of the Commerce Clause. While the objective is good, the means is not. H.R.-2099 on the other hand IS a proper exercise of enumerated federal powers, under Article IV Section 1. "Full Faith and Credit".
H.R.-822 would perpetuate the counterfeit expansion of the Commerce Clause that has included anything and everything as subject to federal regulation, which is exactly THE OPPOSITE of the purpose of the Constitution.
We need universal carry, yes. But we need it to be implemented on precise Constitutional terms that does not lend any further usurpation to the federal government.
Michael D. Settles
9:49 pm on Monday, October 17, 2011
BHirsh: Perhaps not proper as the Founders intended, but a far better use than regulating a corn which a farmer grows to feed his family and animals!
Seriously, I see this as another step in the direction of what you and I both seem to want: Constutional Carry everywhere.
If passed, the antis will cry "blood in the streets", as they did when most states went to "shall issue". When CHLs cross state lines and don't commit the expected mayhem, then the hot air will leak out of their red balloon and we can move on to the next step, and the next, to bring back the condition of being "armed" as normal to this nation!
BHirsh
2:03 pm on Wednesday, October 19, 2011
Michael, it is not proper as the Constitution requires.
If this law were to pass, it would open the door to federal standards for the issuance of permits and more. The central government is already prohibited from restricting the right to arms, and has already thumbed its nose at that prohibition. Only bad things will follow if we were to allow an expansion of this illegitimate power.
I know, I know, anti's will point to "well regulated" and allege that this gives the government the power to regulated arms. It does not. I gives the federal government the power to regulated an activated militia. The right to arms stands alone, and is sacrosanct by black-letter of the amendment itself.
At any rate, the end does not justify the means. Universal CCW at the expense of embedded mischief isn't something that is in our best interest.
Mark T
11:11 am on Tuesday, October 18, 2011
My colleagues and I have been working to enact new laws banning the possession of firearms except for Law Enforcement and the Military. I predict that within 10 years there will be a total ban on the possession of firearms and ammunition by citizens in the United States. Only then will we see a reduction in gun violence.
Howard Wilner
8:30 pm on Tuesday, October 18, 2011
Mark T
You obviously have a very poor understanding of our form of government and the United States Constitution. The Supreme Court of the United States found, in the Heller, case that the Second Amendment protects a pre-existing fundamental right to keep and bear arms. In the McDonald v. Chicago case they found that pre-existing fundamental right to be incorporated. No level of government can legislate away a fundamental right, and if it could the constitution isn’t worth the parchment that it was written on. Maybe you should Google constitutional convention, and see what is involved….
Michael D. Settles
11:57 am on Tuesday, October 18, 2011
Ha ha ha ha: What've you smokin?
Since the demise of the federal AWB in 2004, "Gun Control" has been irreversably sliding toward its eventual death. Congress and the American Public are more & more immune to your lies.
Michael D. Settles
12:19 pm on Tuesday, October 18, 2011
Mark T: Do you and your colleagues support things like Fast & Furious, where the ATF gave US guns to Mexican Cartels to try to "prove" that American gun stores were fueling drug violence in Mexico? Are you that low?
Why don't you ask British subjects if they feel safer since virtually all guns have been removed from the hands of law-abiding civilians?
Vincent
12:38 pm on Tuesday, October 18, 2011
Mark T said, "I predict that within 10 years there will be a total ban on the possession of firearms and ammunition by citizens in the United States." I'll vote for that Mark as long as it includes criminals.
BHirsh
2:06 pm on Wednesday, October 19, 2011
Vincent, you haven't thought it through. The purpose of private arms is to equalize the disparity between strong and weak, old and young, female and male.
Without guns, the physically strong prevail. Is that what you really want?
Lynn Borowski
1:37 pm on Tuesday, October 18, 2011
Mark T: There has been a ban on illegal drugs in this country forever. How is that ban working out, Mark? Ditto, when we banned the consumption of Alcohol back in the 20's. That worked out well--does the name Al Capone ring a bell?
Michael D. Settles
9:19 pm on Tuesday, October 18, 2011
Lynn Borowski:
Mark T. probably thinks that the Constitution means whatever he & his friends want it to, when ever they feel like changing it.
The Founders intended the Federal Constitution to be the bedrock on which our nation was built. Progressives wish that it were built on sand, so they could change it with a shovel and a bucket.
BHirsh
2:09 pm on Wednesday, October 19, 2011
President (*cough*) Obama is on record as saying during the 2008 campaign, "The Warren Court didn't go far enough in breaking free from the constraints of the Constitution."
Oh, REALLY?
The Constitution's purpose for existence is PRECISELY those constraints on the federal government.
What planet do progerssives live on?
Concerned Resident
3:25 pm on Tuesday, October 25, 2011
I find it funny that the congresswoman NOW is concerned with state's rights. How about all the other bills she has voted on that have betrayed state's rights? Please stop Congress woman, you are offending us, but that never bothered you before.
E. Zach Lee-Wright
3:07 pm on Monday, November 21, 2011
Incredible. Ms. McCarthy talks longingly about "States Rights". This is simple. States don't have rights. States have powers, powers enumerated in the US Constitution, not rights. There is a heck of a difference between a government power and a right. That a lawmaker would be so confused is a tribute to politics over justice, control over freedom, rampant crime over self protection.
The Brady Campaign Scorecard says California is the state with the most gun control laws. Interestingly California has a murder rate over 400% higher than the state with the LEAST gun control.
In 2010 Washington DC had twenty seven TIMES more murders than El Paso. Both towns are located on the edge of the nation and both have large minority populations. Guess which city is larger. Hint, it is not flooded with stock trading, self serving politicians who want to control every aspect of people's lives.
McCarthy loves to talk about how other nations with extreme gun control have fewer gun deaths. But she ignores our neighbor to the south, Mexico. In 2010 the medium sized Mexican city of Juarez had more murders than America's six largest cities combined. More than 30% of the entire US. This despite the type of gun control Ms. McCarty screams for.
Tom Cassidy
5:39 pm on Monday, November 21, 2011
"Two states – Illinois and California – don’t allow non-law enforcement private citizens to carry a concealed handgun at all (by not issuing such permits)."
I'm sorry Mrs. McCarthy, but that is incorrect. I live in California, in San Diego County, and I have a Concealed Carry License. California is slowly coming around and acknowledging that the Constitution is an important document and that freedom is important. Still too few of our elected representatives, not to mention both our Senators, have yet to see the light and support and defend the Constitution as their oath of office required, but the anti-civil rights people will eventually go the way of Jim Crow and others who have an irrational fear of freedom and hatred for equality.
Michael M. O'Donald
4:16 pm on Friday, February 10, 2012
I agree with you Carolyn . No to the allowing of intra state gun licensees movement. As you said some states are strict , most are not.We have enough aviability of illegal guns right here without allowing Bill bob etc to come into a crowded enviorment and to start shooting because some one bumped him. This is not about politicis I am a life long Republican Michael M. O"Donald
Escape LI
2:26 pm on Sunday, February 19, 2012
Remember, the so called anti-gun folks are not against having guns, they have them themselves, since they are politically connected enough to get permits. They just don’t want YOU to have a gun.
Why is it whenever someone does something bad with a gun, they want to take them away from everyone who didn’t do anything?