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April 03, 2006
A nation of riflemen -- er, handgunners
This graphic shows the incredible progress over the last twenty years in advancing the Second Amendment right of Americans to defend themselves while away from their homes, i.e., the spread of CCW, or the right to carry concealed weapons.
Back in 1987, almost no states provided for shall-issue permits, meaning that only the rich, the famous, and friends of politicians and police chiefs could carry a concealed weapon.
In places like New York City, that's still the case, with pistoleros like Donald Trump, Howard Stern and Robert DeNiro packing heat, while no-name businessmen walking home from their bodegas with the day's receipts have to either risk being robbed of their money (and their lives), or face jail for carrying an unauthorized concealed weapon.
But across the nation, from almost coast to coast (the ocean-adjacent states are still notoriously Second Amendment unfriendly in the West and the Mid-Atlantic region), there's been a sea change over the last twenty years.
Nebraska and Kansas are the latest to join the ranks of those states recognizing that the Second Amendment is an individual right.
The best roundup on what it all means is over at -- where else -- The Volokh Conspiracy, where David Kopel says:
40 states generally allow such carrying:
No permit needed. 2 states do not require a permit for any adult who is legally allowed to possess a firearm. These are Alaska and Vermont. These states will issue a permit, however, upon application. (See discussion of “reciprocity,” below, for why a person would want a permit.)
"Do Issue." 3 states have statutes which reserve some discretion to the issuing law enforcement agency. These are Alabama, Connecticut, and Iowa. In these states, local law enforcement will generally issue a permit to the same kinds of persons who would qualify for a permit in a Shall Issue state.
"Shall Issue." 35 states, including all states not listed elsewhere. Nebraska (this week) and Kansas (last week) are the most recent states to join this list.
10 states generally do not allow such carrying.
"No Issue." Illinois and Wisconsin have no process for issuing concealed carry permits. Illinois allows certain persons (e.g., law enforcement, security guards) to carry without a permit. By a decision of the Wisconsin Supreme Court, no permit is needed for concealed carry in one's home or place of business. (See my Albany Law Review article for discussion of the Wisconsin and Rhode Island cases.)
"Capricious Issue." 8 coastal states give local law enforcement almost unlimited discretion to issue permits, and permits are rarely issued in most jurisdictions, except to celebrities or other influentials. These states are Hawaii, California, Delaware, Maryland, New Jersey, New York, Massachusetts, and Rhode Island.
Kopel gives an interesting analysis on how states previously opposed to the idea of shall-issue come 'round to giving it the "okay."
The pattern in almost all the states with Shall Issue laws has gone something like this: Initial discussions follow a predictable pattern, with proponents promising reductions in the crime rate, and opponents warning of Wild West shootouts. John Lott is discussed, pro and con, in infinite detail.
Over time, the personal testimony of female Shall Issue advocates sways some legislators. Other legislators, looking at the experience of other states, conclude that Shall Issue is, at the least, harmless; the lurid and sweeping predictions of opponents have not come true anywhere. The more states that enact Shall Issue laws, the more that legislators in a hold-out states become open to the idea that Shall Issue is not dangerous. Ohio, Minnesota, and Michigan are examples of states which are not considered strongly pro-gun, and whose enactment of Shall Issue legislation was possible only because so many other states had acted previously. As the number of Shall Issue states rises, so does the possibility of enacting Shall Issue in the dwindling number of hold-outs.
As momentum builds in a given state, the bill eventually attracts the support of all or almost all Republican legislators, and of almost all Democrats with a C rating or higher from the National Rifle Association. Many of the swing votes (the C-rated legislators, who say that they are pro-Second Amendment, but who often vote for gun control laws) are attracted by the objective standards of the Shall Issue system--which, unlike the Capricious Issue system--forbids gun carrying in certain places (e.g., hospitals), sets objective standards about who may not receive a permit (persons with various disqualifying conditions), and (in most states) requires a specific amount of firearms safety training.
What it all means: 40 states recognize a right of personal self defense; 8 states leave it up to local police chiefs to decide which citizens may protect themselves; and 2 refuse to allow their serfs to do anything other than cry, "Help!"
Hat tip to The Smallest Minority.
Posted by Mike Lief at April 3, 2006 12:15 AM
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Comments
I hope for a world with more love and less guns. For every man or woman who defends themselves with a gun, 100 maybe even a 1000, maybe even 10,000 people are just blown away on the streets of America.
It's just so scary to think that a mentally crazy person can get a gun and walk into a school, a library, a park or anywhere else and just blow innocent people away. This is just crazy.
We need to spend more time loving, teaching, holding, and really listening to each other than building walls around ourselves while we wait with loaded guns to kill the first "boogie man" to walk through the door. Look in the mirror America, the armed crazy, agressive nutso boggie man is YOU.
Posted by: Sbarro at April 3, 2006 09:04 PM