Concealed carry in the United States 1137166 226040985 2008-07-16T15:48:01Z Wikidenizen 1538425 [[WP:UNDO|Undid]] revision 226034967 by [[Special:Contributions/67.53.182.134|67.53.182.134]] ([[User talk:67.53.182.134|talk]]) In the '''[[United States]]''', '''carrying concealed weapon''' ('''CCW''', also known as '''concealed carry''', and frequently licensed as a "Concealed Handgun License" or CHL) is the legal authorization for private citizens to carry a [[handgun]] or other weapons in public in a concealed manner, either on the person or in close proximity to the person. The choice of permitted weapons depends on the [[U.S. state|state]]; some states restrict the weapons to a single handgun, whereas others permit multiple handguns or martial arts weapons to be carried. CCW is a more generalized heading for various State terms for a permit to carry a concealed firearm, such as a Concealed Handgun Permit/License (CHP/CHL), Concealed (Defensive) Weapon Permit/License (CDWL/CWP/CWL), Concealed Carry Permit/License (CCP/CCL), License To Carry (LTC), License to Carry Firearms (LTCF), a Carry Concealed Deadly Weapon (CCDW) license, and similar. The current trend towards adopting concealed carry laws has been met with [[Gun politics in the United States#Pro Gun Regulation|opposition]], however, no state which has adopted a "shall-issue" concealed carry law (where, if the requirements for a permit are met, the permit must be issued without discretion) has reversed its decision. As of February 2008, 48 US states allow some form of concealed carry<ref name=nra-rtc-2007>{{cite web |url= http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=18 |title= Right-to-Carry 2007 |date= 2007-01-16 |work= |publisher= National Rifle Association of America, Institute for Legislative Action }}</ref> (though 9 of them have discretionary "may-issue" policies, a few of these being effectively "no-issue" in practice) and about half provide for some variant on non-concealed "[[Open Carry|open-carry]]". The states of Wisconsin, Illinois and the District of Columbia do not have any form of concealed-carry licensing; Wisconsin allows for [[open carry]] in most situations, while Illinois only allows it in rural areas subject to county restriction, and the District of Columbia had a blanket ban on ownership, possession and carry of handguns in its jurisdiction which began in 1976, this was struck down June 26, 2008 by the US Supreme Court.<ref>http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-2901.pdf</ref> ==State laws== [[Image:Rtc.gif|thumb|300px|History of '''Right To Carry''' laws]] In 39 concealed-carry states, issuing officials may not arbitrarily deny a concealed-carry application, a practice known as [[Florida]]-style "shall issue". It is so named because Florida gained national attention for adopting this policy in 1987, leading to citizens of other states advocating similar measures, even though this practice had been adopted in Washington state in 1961.<ref name=i2i-shall-issue> {{cite web |url= http://www.i2i.org/main/article.php?article_id=643&print=1 |title= "Shall Issue": The New Wave of Concealed Handgun Permit Laws |accessdate= 2008-04-13 |coauthors= Dave Kopel, Clayton E. Cramer |date= 1994-10-17 |year= |month= |format= |work= |publisher= Independence Institute |pages= |language= |doi= |archiveurl= |archivedate= |quote= }}</ref> Nine states have "may issue" or "discretionary issue" laws requiring the applicant to demonstrate specific "need".<ref name=nra-rtc-2007 /> In practice, this is often a mechanism to deny licensing. These "may issue" states range from "shall issue" in practice, such as [[Alabama]], [[Connecticut]] and [[Iowa]]<ref name=nra-rtc-2007 />; to "at the whim of local officials", such as [[New York]], [[New Jersey]], [[Massachusetts]], and [[California]], (where rural officials liberally issue permits but urban officials seldom do) to "almost non-issue" in states such as [[Maryland]]; to "never-issue" [[Hawaii]] where, though state law allows for the issuance of permits, officials choose not to issue them under any circumstances.<ref>[http://www.hawaiireporter.com/story.aspx?d5080dd8-0b7c-439b-bfa9-5056edf63a9a Law Abiding Citizens Trained in Firearm Use Should Be Allowed the Right to Protect Themselves at Any Time]</ref> Two states, [[Vermont]]<ref>"It is lawful to carry a firearm openly or concealed provided the firearm is not carried with the intent or avowed purpose of injuring a fellow man." [http://www.nraila.org/statelawpdfs/VTSL.pdf ''NRA/ILA Firearms Laws for Vermont'']</ref> and [[Alaska]],<ref>"Any person 21 years of age or older may carry a handgun concealed on their person provided that, when contacted by a police officer, informs the officer of that possession and allows the police officer to secure the handgun for the duration of that contact." [http://www.nraila.org/statelawpdfs/AKSL.pdf ''NRA/ILA Firearms Laws for Alaska'']</ref> allow a non-[[felony|felon]], aged 16 or 21 respectively, to carry without requiring a permit as a fundamental right. Alaskan residents may optionally obtain a permit granting reciprocal carry privileges in certain other states, or to be exempted from the [[National Instant Criminal Background Check System|NICS]] background check. Vermont extends the right to carry without requiring a permit to non-residents as well as to residents, but issues no permits to residents that could function to allow reciprocal concealed carry rights for Vermont residents while in other states. As of 2006, two states ([[Wisconsin]]<ref> [http://www.nraila.org/GunLaws/State/State.aspx?st=wi Wisconsin gun laws] (PDF)</ref> and [[Illinois]]<ref> [http://www.nraila.org/GunLaws/State/State.aspx?st=il Illinois gun laws] (PDF)</ref>) and [[Washington D.C.]]<ref> [http://www.nraila.org/GunLaws/State/State.aspx?st=dc District of Columbia gun laws] (PDF)</ref> have no provision for legal concealed-carry. Legislation was passed in 2004 and again in 2005 in Wisconsin, but was vetoed by the governor. There are currently movements in each of these states to pass concealed-carry laws. Illinoiscarry.com [http://www.illinoiscarry.com] is a website dedicated to the advancement of conceal and carry and the Second Amendment in Illinois. Conceal and carry bills are introduced every year in Illinois, but usually fail to make it out of committee. Governor Rod Blagojevich (D-Chicago) has vowed to veto any such legislation that makes it to his desk. On March 11, 2008, nearly 2,500 Illinois gun owners marched on the capitol in Springfield, as part of IGOLD (Illinois Gun Owners Lobby Day) and demanded a conceal and carry provision and also called for an end to more gun control. On [[March 23]], [[2006]], the [[Kansas]] legislature overrode Governor [[Kathleen Sebelius]]'s veto and enacted a concealed-carry law effective [[July 1]].<ref>''[[Wichita Eagle]]'', [http://www.kansas.com/mld/kansas/news/state/15728900.htm "Signs banning guns dominate hearing"], [[October 11]], [[2006]].</ref> The District of Columbia is "no-issue" in accordance with its prior blanket ban on most firearms, including a total ban on ownership and possession of handguns and a requirement that long guns be kept locked or disassembled. The ban on total ownership and the requirement for keeping self-defense guns locked and disassembled was overturned in the Supreme Court case ''[[District of Columbia v. Heller]]'', but it is unlikely that the decision against the District will result in a compulsion to allow concealed carry. Reciprocal recognition of concealed-carry privileges and rights vary state-to-state, are negotiated between individual states, and sometimes additionally depend on the residency status of the license holder.<ref>[http://carryconcealed.net/legal/ ''Conceal and Carry (CCW) Laws by State'' on CarryConcealed.net]</ref> While 37 states have reciprocity agreements with at least one other state and several states honor all out-of-state concealed carry permits, some states have special requirements like training courses or safety exams, and therefore do not honor permits from states that do not have such requirements for issue. Attempts have been made in the [[United States House of Representatives]] (H.R. 226) to enact legislation to compel complete reciprocity for concealed-carry licenses, and the [[United States Senate]] (S. 388) has introduced similar legislation. However, opponents of national reciprocity have pointed out that his legislation would effectively require states with higher standards of permit issuance (training courses, safety exams, good cause, etc.) to honor permits from states with more liberal issuance policies, and states that do not currently allow concealed handgun carry would be required to allow it (which, as those states have no restrictions other than the total ban, would have no means to restrict concealed carry by out-of-state holders, as even the issuing states do). Most proposed federal reciprocity legislation contains no provisions to prevent someone whose concealed carry permit has been revoked or suspended in one state from obtaining one in another state. For these and various other reasons, members of Congress representing urban areas{{Fact|date=February 2008}} have consistently managed to prevent such legislation from being enacted. ==Law Enforcement Officers Safety Act (federal law)== In 2004, the [[United States Congress]] enacted the [[Law Enforcement Officers Safety Act]], 18 U.S. Code 926B and 926C. This federal law allows two classes of persons &mdash; the "qualified law enforcement officer" and the "qualified retired law enforcement officer" &mdash; to carry a concealed firearm in any jurisdiction in the United States, regardless of any state or local law to the contrary, with certain exceptions. ==Training== Some states require concealed carry applicants to participate in a training course, which includes a classroom at a minimum. Depending on the state, a practical component during which the attendee shoots the weapon for the purpose of demonstrating safety and proficiency, may be required. Such courses are often completed in one to two days. The classroom topics typically include [[firearm]] mechanics and terminology, concealed carry legislation and limitations, liability issues, carry methods and safety, home defense, methods for managing and defusing confrontational situations, and practice of gun handling techniques without firing the weapon. Most required CCW training courses devote a considerable amount of time to liability issues. Even when self-defense is justified there can be serious civil liabilities related to self-defense. For example, if innocent bystanders are hurt or killed there could be both civil and criminal liabilities even if the use of deadly force was completely justified. Some states also technically allow an assailant who is shot by a gun owner to bring civil action; however, a majority of states who allow concealed or open carry forbid suits being brought in such cases, either by barring lawsuits for damages resulting from a criminal act on the part of the plaintiff, or by granting the gun owner immunity from such a civil suit if it is found that he or she was justified in shooting. Therefore, while state laws vary, generally use of [[deadly force]] is recommended as a last resort, when life or limb is endangered, when escape or retreat are foreclosed, and warnings are given but ignored. However, increased passage of so-called "[[Castle Doctrine]]" laws allow persons who own firearms and/or carry them concealed to also use them to protect property, and/or to use them without first attempting to retreat. Even given these relaxed restrictions on use of force, using a handgun must still be a last resort; the user must reasonably believe that nothing short of deadly force will protect the life or property at stake in a situation. During the range portion of the course the applicant typically learns and demonstrates safe handling and operation of a firearm and accurate shooting from common self-defense distances. Some states require a certain proficiency to receive a passing grade, whereas other states (e.g., Florida) technically require only a single-shot be fired to demonstrate handgun handling proficiency. Some states (e.g., Florida) recognize the safety and use-of-force training given to military personnel as acceptable. Such states will allow a [[United States Uniformed Services Privilege and Identification Card|military ID]] for active persons or [[DD214]] for legally discharged persons in lieu of formal civilian training certification. Active and retired law enforcement officers are also generally exempt from qualification requirements, due to a federal statute permitting retired law enforcement officers to carry concealed weapons in the United States.<ref>{{cite web |url=http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/ch0790.htm |title=Florida Statute 790}}</ref> ==Concealed Weapon legal issues== ===Legal liability=== Liability is present where the licensee brandishes the weapon, threatens use, or exacerbates a volatile situation, or when the licensee is carrying while intoxicated. While state laws vary, generally use of [[deadly force]] must be a matter of last resort, when life or limb is endangered, when escape or retreat are foreclosed, and warnings are given but ignored<ref>LaFeve, '''Principles of Criminal Law''' sec. 9.4</ref>. However, increased passage of "[[Castle Doctrine]]" laws allow persons who own firearms and/or carry them concealed to also use them to protect property, and/or to use them without first attempting to retreat. Even given these relaxed restrictions on use of force, using a handgun must still be a last resort in some juridictions; the user must reasonably believe that nothing short of deadly force will protect the life or property at stake in a situation. And even with Castle Doctrine laws in place civil liabilities for errors that cause harm to another still exist, although civil immunity is provided in the Castle Doctrine laws of some states, e.g, Texas.<ref>Sec. 83.001. CIVIL IMMUNITY, http://www.legis.state.tx.us/tlodocs/80R/billtext/html/SB00378F.HTM</ref> ====Carry in vehicles==== Each state has unique requirements with respect to the manner in which a non-permit-holder may carry a weapon such as a handgun in a vehicle, concealed or otherwise. Some states, even those where unlicensed open or concealed carry is illegal, allow a handgun to be kept in a personal vehicle concealed without a permit.<ref name=nra-statelaw-tx> {{cite web |url= http://www.nraila.org/statelawpdfs/TXSL.pdf |title= NRA/ILA Firearms Laws for Texas |accessdate= 2008-04-13 |year= 2008 |month= 01 |format= pdf |publisher= NRA-Institute for Legislative Action }}</ref> Some states, such as South Carolina, require a concealed handgun to be in the glove compartment.<ref name=nra-statelaw-sc> {{cite web |url= http://www.nraila.org/GunLaws/#?st=SC |title= NRA/ILA Firearms Laws for South Carolina |accessdate= 2008-06-10 |year= 2004 |month= 10 |format= pdf |publisher= NRA-Institute for Legislative Action }}</ref> Other states, such as Florida, have no restrictions as to the location of a concealed handgun for those without a CCW permit as long as it is "securely encased" (i.e., in a snapped holster, among other options) and that it is not on one's person (i.e., not in the person's manual possession). This does not alter the person's right to concealed carry on one's person outside the car unless one holds a valid CCW permit.<ref>{{cite web |url=http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC25.HTM&Title=- |title=Florida Statute 790.025}}</ref><ref name="gutmacher">{{cite book |author=Gutmacher, Esq., Jon H. |page= 82-83 |chapter=Transportation and carrying of Weapons, and Firearms (Chapter 6) |title=Florida Firearms Law, Use & Ownership |publisher=Warlord Publishing |year=2006}}</ref> In Florida, it is illegal if a handgun is visible and in an unsnapped holster inside a car.<ref>{{cite web |url=http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC053.HTM&Title=-| title=Florida Statute 790.053}}</ref><ref name="gutmacher" /> On the other hand, for holders of a valid CCW permit in Florida, it is legal to have a weapon concealed on one's person while inside one's private conveyance (vehicle, car, aircraft, or boat), or concealed in one's private conveyance, whether or not a snapped holster is used.<ref name="gutmacher76">{{cite book |author=Gutmacher, Esq., Jon H. |page= 76-77 |chapter=Transportation and carrying of Weapons, and Firearms (Chapter 6) |title=Florida Firearms Law, Use & Ownership |publisher=Warlord Publishing |year=2006}}</ref> In [[Texas]], non-permit-holders may possess a weapon that is concealed in any fashion, including on their person, when in a motor vehicle. This is based on a law enacted in 2007 amending Section 46.02 of the Texas Penal Code to state specifically that the therein-defined crime of ''Unlawful Carry of a Weapon'' does not apply to someone who is inside or travelling directly between their home and a vehicle they own or legally possess. The exceptions are if the weapon is in [[Plain Sight Doctrine|plain sight]] (violating an outright ban on [[open carry]] in the state), or when the person is a known gang member or cannot otherwise legally possess a weapon.<ref name=nra-statelaw-tx /> <ref>[http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.02.00 Texas Penal code Section 46.02]</ref> Other states such as [[California]] do not allow a firearm to be kept accessible by the driver or any passenger without a permit, but allow transport of lawfully-possessed weapons in a secured area of the vehicle such as the trunk.<ref name=nra-statelaw-ca> {{cite web |url= http://www.nraila.org/statelawpdfs/CASL.pdf |title= NRA/ILA Firearms Laws for California |accessdate= 2008-04-13 |year= 2007 |month= 02 |format= pdf |publisher= NRA-Institute for Legislative Action }}</ref> California also requires that handguns being transported in the vehicle passenger area must be unloaded and locked in a completely enclosed container.<ref name=nra-statelaw-ca /> [http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf] This doctrine is often called the "[[Transport Assumption|traveler assumption]]" in states which have it because an officer must assume a person carrying a weapon in their car is transporting it, pre-empting all but probable cause on the part of the officer that the person has or intends to commit a crime. Previously, states such as Texas specified that a person traveling is exempt from the statute, but the definition of "traveling" was vague and based on case law, allowing officers to arrest those found with handguns in their vehicles as an intimidation or discrimination tactic, thus forcing the accused to defend their actions as legal instead of the State being forced to prove the action was illegal{{Fact|date=February 2008}}. The general guideline is that laws regarding concealed carry of firearms in vehicles vary from state to state, and even within some jurisdictions within a given state, for those states in which state laws do not include pre-emption over [[local ordinance]]s regarding firearms. ==Politics== {{main|Gun politics}} === Laws === Typical policies that are utilized to determine who can legally carry concealed weapons are prohibition of concealed carry, discretionary licensing, non-discretionary licensing, and minimum age requirements (e.g., 18 or 21 years). Less common is unregulated, legal concealed carry such as in Vermont and Alaska. '''Weapon possession''', in the context of concealed weapons, is a [[crime]] of that circumstance in which a person who is not legally authorized to carry a concealed weapon is found in possession of such a weapon. In the United States, it can often be interpreted as the possession of a firearm by a person [[Felon|legally disqualified]] from doing so under the [[Gun Control Act]]. Depending on state law, it can also apply to concealed carry of illegal knives such as [[stilettos]] or [[switchblades]]. Even in localities where concealed carrying is permitted, there may be legal restrictions on where a person may carry a concealed weapon. Typical examples include the prohibition of concealed carry in: * public or private elementary and secondary schools (the Federal [[Gun-Free School Zones Act of 1990]] contains an exception for individuals carrying under a state-issued permit, but some states that issue permits forbid carry in schools), * establishments that sell alcohol (some ban carry from all such establishments such as liquor stores and restaurants, others only from businesses defined as "bars" by state liquor laws), * government buildings (State Capitol, courthouses, police stations, federal buildings), * public accommodations (theaters, concert halls), and/or * public events (polling places, [[state fair]]s, sporting events). Many states prohibit unlicensed carry, whether otherwise allowed or not, on the grounds of a business that sells alcohol. These restrictions vary widely, particularly in the United States. For example, in [[Texas]], concealed carry is not permitted in any establishment which generates 51% or more of its revenue from the sale of alcohol for on-premises consumption.<ref name=nra-statelaw-tx /> In Florida, concealed carry is permitted in a restaurant that serves alcohol but not in the bar area. [[Virginia]] prohibits concealed-carry in businesses with a [[liquor license]] but open-carry is permitted.<ref>[http://www.nraila.org/GunLaws/#?st=VA Virginia gun laws] (PDF)</ref> [[Pennsylvania]] does not prohibit carry in any establishment, whether it be a family restaurant, bar, or club, but it does prohibit carry in Primary and Secondary Schools and their Property and Court Houses.<ref>[http://www.nraila.org/GunLaws/#?st=PA Pennsylvania gun laws] (PDF)</ref> In many states, such as Arizona, a law-abiding permit holder may not carry in any establishment licensed to dispense alcohol for on-premises for consumption, such as a bar or a restaurant that serves alcohol. Further restrictions may be placed on what kind of guns may be carried and how many a person may carry at one time{{Fact|date=February 2008}}. ==="Opt-Out" statutes ("Gun-Free Zones")=== Many states (e.g., Kansas, Minnesota, South Carolina, Texas), in addition to outright bans on concealed carry in some or all of the places mentioned above, allow any business to post a specific sign (language and format vary by state) prohibiting concealed carry, violation of which is grounds for revocation of the offender's concealed carry permit. In [[Texas]] for instance, the applicable statute is Section 30.06 of the Texas Penal Code, and requires a sign in contrasting colors, with letters 1 inch tall, with exactly the following text in both English and Spanish, be posted at every entrance to a business prohibiting concealed carry: :"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."<ref>[http://www.txdps.state.tx.us/administration/crime_records/chl/signposting.htm Texas Department Of Public Safety - 30.06 Sign Posting]</ref> By posting the signs, businesses create areas where it is illegal to carry a concealed handgun similar to schools, hospitals, and public events. These areas are often referred to as "gun-free zones", although that term is often considered a misnomer unless the prohibition is immediately enforced on entry with searches or metal detectors, such as in a government building or airport. In addition to signage, virtually all jurisdictions also allow some form of oral communication by the lawful owner or controller of the property that a person is not welcome and should leave. This notice can be given to anyone for any reason, including due to the carrying of firearms by that person, and refusal to heed such a request to leave constitutes trespassing. Trespass by a holder of a concealed-carry license may or may not have more severe penalties than "simple" trespass, depending on the jurisdiction. ====Support==== Proponents state a property owner has the right to ban carry of concealed weapons on their property, for any reason or no reason. This is similar to many decisions a business or property owner can make regarding actions taken on the property, such as dress code, eating, drinking, alcohol consumption, smoking, and skating/skateboarding. In addition, signage acts to limit liability of the property owner. By posting signs encouraging, discouraging, requiring or prohibiting an action, the business not only influences actions in its favor, but largely avails itself of liability as the harm was caused by the individual's failure to heed the notice, placing the individual at fault for his action. Legal precedent both supports and refutes this argument depending on the severity and nature of the situation, and on State law governing the posting of such signs. ====Opposition==== "Opt-out" carry prohibition laws have been hotly contested<ref>[http://www.journalstar.com/articles/2006/03/10/local/doc4410eaa701162220479788.txt JournalStar.com - Lincoln, Nebraska - Local<!-- Bot generated title -->]</ref>. Opponents state these statutes are not helpful in reducing criminal carry of firearms, as only lawfully-carrying individuals will disarm when on the property. It is also in fact harmful to otherwise lawfully-carrying individuals, as concealed-carry licensees who do not notice the sign are immediately in violation of a law, with a possible consequence of the revocation of their ability to carry concealed. Opponents also point to recent school, mall, church and other public shootings in areas where the owner or State has prohibited concealed carry as evidence that criminals are in fact drawn to posted places, as the population of such a place is likely to be less armed than a place in which concealed carry is allowed. ====Grey zones==== In some situations, business owners post signs that appear to prohibit guns, but because the signs do not meet State or local law defining the appearance, placement, or verbiage of the sign, the sign does not carry the force of law and a permit holder can legally ignore it. In Texas, for example, the specifications of a Section 30.06 sign prohibiting concealed carry are clearly defined, and only a sign meeting the specifications carries the force of the section. A sign, for example, that depicts the silhouette of a gun with a red circle and slash (similar to other signs prohibiting an action), that simply says "NO CONCEALED WEAPONS ALLOWED", is too small, has incorrect text, or is not placed prominently can technically be ignored as it doesn't fulfill the requirements to ban permit holders from carrying concealed. Many of these points of law have yet to be tested in court, but such is explicitly taught by the state licensed concealed carry instructors. Conversely, the intent of posting such a sign may only be to discourage entry while carrying by those unfamiliar with the law, which (almost by definition) typically includes only those not licensed to carry concealed handguns. Because a licensee is trained to recognize a valid sign and differentiate it from a nonbinding sign, posting an invalid sign for this purpose serves as a form of [[doublespeak]], reassuring patrons who oppose concealed carry while at the same time not actually prohibiting concealed carry. === Civil liberties === It has been argued by some that requiring individuals to have a permit in order to legally carry is [[unconstitutional]]. In their December 2004 article [http://www.gunowners.org/vtcarry.htm ''"Why Adopt a Vermont-style CCW Law?"''], the gun rights organization [[Gun Owners of America]] argues... {{cquote|Constitutionally, officials cannot license or register a fundamental right}} The article then goes on to cite an example of a [[United States Supreme Court]] ruling in regard to the [[First Amendment to the United States Constitution|First Amendment]]: {{cquote|The Supreme Court held in Lamont v. Postmaster General (1965) that the First Amendment prevents the government from registering purchasers of magazines and newspapers &mdash; even if such material is "communist political propaganda.}} Proponents claim carry permits are a positive aspect of firearm ownership as there are lower instances of gun crime among permit holders than other gun owners,<ref name=nra-rtc-2007 /> and concealed carry permit training courses and proficiency tests validate a sufficient level of competence and knowledge of responsibilities as a gun owner.{{Fact|date=February 2008}} A known counterargument is the claim that the actual criminals choose not to obtain permits and as such render the permits unnecessary.{{Fact|date=March 2008}} === Research into the effects of concealed carry laws on crime === There have been many studies and papers published in academic journals regarding the effects of various concealed carry laws on crime rate.<ref>{{cite web | url=http://scholar.google.com/scholar?q=firearms+concealed+violent+crime&hl=en&lr=&start=20&sa=N | title=Google Scholar results for firearms, concealed, violent, crime | accessdate=2008-02-22}}</ref> Academics have also taken the discussion to books, blogs, and oral debates. In his book, ''[[More Guns, Less Crime]]'', pro-gun scholar [[John Lott]]'s analysis of crime report data has shown statistically significant effects of concealed carry laws. One major conclusion was that locations which enacted more permissive concealed carry laws had a decrease in violent crime but an increase in property crime. The possible reasons for this rise in property crime are twofold: * Property crimes include trespassing, and concealed-carry statutes that include prohibited-area laws introduce the possibility of trespass where the individual would otherwise be in violation of a weapons law by carrying concealed (e.g. unlawful carry) or would not carry and be lawful. * Concealed carry allows potential victims of violent crime to prevent such crime; as a result, the assailant, if not fatally shot, is instead charged with a property crime such as burglary instead of homicide. In both cases, crime is reduced overall, and criminal activity that does occur is recategorized as to type and severity because of the effects of the change in law. [[Don Kates]] summarizes the consensus reached by criminological research into gun control thus: <blockquote>"''Unfortunately, an almost perfect inverse correlation exists between those who are affected by gun laws, particularly bans, and those whom enforcement should affect. Those easiest to disarm are the responsible and law abiding citizens whose guns represent no meaningful social problem. Irresponsible and criminal owners, whose gun possession creates or exacerbates so many social ills, are the ones most difficult to disarm.''"<ref name="TennesseeLawReview">''Tennessee Law Review'', [http://www.guncite.com/journals/tennmed.html "Guns and Public Health: Epidemic of Violence or Pandemic of Propaganda?"], 1994.</ref></blockquote> Regardless of the interpretation of statistics, the trend in the United States has been towards greater permissiveness of concealed carry. In Florida, which first introduced "shall-issue" concealed carry laws, crimes committed against residents dropped markedly upon the general issuance of concealed-carry licenses,<ref>{{cite web |url=http://www.saf.org/LawReviews/Espohl1.htm| title=The right to carry concealed weapons for self-defense| author=Frank Espohl| publisher=Southern Illinois University Law Journal}}</ref> which had the [[unintended consequence]] of putting tourists in Florida driving marked rental cars at risk from criminals since tourists may be readily presumed unarmed.<ref name="suprynowicz">{{cite book |author=Suprynowicz, Vin |title=Send in the Waco Killers -- Essays on the Freedom Movement, 1993-1998 |page= 384 |publisher=Mountain Media |year=1999 |quote="The Florida tourist-shooting epidemic is also relevant in another way. Once the airport rental lots started removing their big fluorescent rent-a-car stickers, Florida's "tourist-murder crime wave" disappeared virtually overnight. (Because criminals rightly figured that out-of-town tourists weren't armed like the Floridians were.)"}}</ref> Florida responded by enacting laws prohibiting the obvious marking of rental cars. In 1991, the [[Luby's massacre]] prompted Texas lawmakers to pass a concealed carry law that came into effect in 1995.<ref>''[http://www.chron.com/disp/story.mpl/headline/metro/4783905.html Republicans torn over gun legislation]'', Terri Langford, Houston Chronicle, May 8, 2007</ref> Research comparing various countries' violent crime rates, murder rates, and crimes committed with weapons, have found that legal ownership of guns, including concealed carry guns, generally reduces crime rates.<ref>[http://law.bepress.com/expresso/eps/1564/ Gary A. Mauser, Simon Fraser University, Don B. Kates, retired; ''Would Banning Firearms Reduce Murder and Suicide? A Review of International Evidence'']</ref><ref name="TennesseeLawReview"/> University of Washington public health professor Brandon Centerwall prepared a study comparing homicide rates between Canada and the U.S., as the two countries are very similar, yet have different handgun ownership rates. He reported "Major differences in the prevalence of handguns have not resulted in differing total criminal homicide rates in Canadian provinces and adjoining US states."<ref name=centerwall>[http://aje.oxfordjournals.org/cgi/content/abstract/134/11/1245 Brandon S. Centerwall, University of Washington, ''Homicide and the Prevalence of Handguns: Canada and the United States, 1976 to 1980'']</ref> In his conclusions he published the following admonition: <blockquote>"''If you are surprised by my findings, so are we. We did not begin this research with any intent to "exonerate" handguns, but there it is -- a negative finding, to be sure, but a negative finding is nevertheless a positive contribution. It directs us where NOT to aim public health resources.''"<ref name=centerwall /></blockquote> ===Permit issue policies=== State laws and policies relating to the issuance of concealed carry permits generally fall into various categories depending on their guidelines. These are typically described as may-issue, shall-issue, no-issue, and unrestricted. ====May-issue==== A '''may-issue''' jurisdiction, within the context of [[gun]] [[law]], is one that requires a [[permit]] to carry a concealed handgun, and where the granting of such permits is partially at the discretion of local authorities (frequently the [[police]]): the law typically states that a granting authority may-issue a permit if various criteria are met. A jurisdiction that is [[de jure]] a may-issue region may [[de facto]] range anywhere from no-issue to shall-issue.<ref name=i2i-shall-issue /> [[USA|U.S.]] states such as [[California]] and [[New York]] give wide latitude to the county authorities in issuing permits. In California, the usual issuance of the permits ranges from a no-issue policy, such as [[San Francisco, California|San Francisco]], to an almost shall-issue environment, like [[Orange County, California|Orange County]]. [[Iowa]] has a similar distribution, but unlike California, most counties have lenient policies as most counties are rural. There is a strong movement in Iowa to change the system to shall-issue due to the capricious nature of a county-by-county system. It may end up in a court case because of 14th amendment equal protection issues. In [[New York City]], a concealed weapons permit is allowed by law, but typically takes a large degree of money, political influence, and/or celebrity status to obtain one. Examples of current and past New York City permit holders are Senator Charles Schumer, Robert DeNiro, Don Imus, [[Howard Stern]], [[Ronald Lauder]], [[Edgar Bronfman Sr.]], [[Donald Trump]], [[William F. Buckley Jr.]], [[Harvey Keitel]], [[Joan Rivers]], [[Arthur Sulzberger]], and [[Bill Cosby]]. <ref>''See generally:'' Kopel and Cramer, supra, 62 Tenn. L. Rev at 684.</ref> This category also includes states where authorities have very limited discretion in permit issuance, such as [[Connecticut]]. [[Maryland]] law contains provisions for citizens to apply for a concealed carry permit, but in reality only those with political or police connections can get one (making it effectively a no-issue state). [[Alabama]] is by law a may-issue state, but as of 2006 all Alabama county sheriffs issue permits to almost all qualified applicants, making it shall-issue in practice.<ref name=nra-rtc-2007 /> ====Shall-issue==== A '''shall-issue''' jurisdiction, within the context of [[gun]] [[law]], is one that requires a [[permit]] to carry a concealed handgun, but where the granting of such permits is subject only to meeting certain criteria laid out in the law; the granting authority has no discretion in the awarding of the permits. Such laws typically state that a granting authority shall-issue a permit if the criteria are met, as opposed to laws where the authority may-issue a permit at their discretion. Typical permit requirements include residency, minimum age, submitting fingerprints, passing a background check, attending a certified handgun/firearms safety class, participating in a range check/qualification before a certified trainer (for demonstrating safe firearms handling and practical proficiency), and paying the required fee (if any). Minnesota is a classic "shall issue" state. <ref>''See generally:'' Joseph E. Olson, THE MINNESOTA CITIZENS’ PERSONAL PROTECTION ACT OF 2003: HISTORY AND COMMENTARY, 25 Hamline Journal of Public Law & Policy 21 (2003).</ref> Requirements also include certification that a person has never been diagnosed with a "mental illness," which include any condition which interferes with "normal life--" including trauma from being victim of prior crimes, or for which the person was diagnosed prior to the passage of the law. These requirements vary by jurisdiction; for example, [[Georgia (U.S. state)|Georgia]], Pennsylvania, and Washington (with well over a million permit holders among them) have no safety certification requirement or range check. The following are undisputed '''shall-issue''' states: Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, [http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf North Carolina], North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, [http://www.tennessee.gov/safety/handgunmain.htm Tennessee], Texas, Utah, Virginia, Washington, West Virginia, and Wyoming. <ref>''See generally the several appendices to'' Steven W. Kranz, A SURVEY OF STATE CONCEAL AND CARRY STATUTES: CAN SMALL CHANGES HELP REDUCE THE CONTROVERSY?, 29 Hamline Law Review 638 (2006).</ref> [[Alaska]] is both a shall-issue and an unrestricted state. Alaska does not require a permit for any law-abiding individual to carry a handgun, either openly or concealed, within the state's borders. However, the state continues to issue permits to any of its residents who meet the state's issuance criteria for reciprocity reasons; Alaska residents can carry, with a permit, while in other states that recognize the Alaska concealed-carry license. The status of [[Alabama]], [[Connecticut]] and [[Iowa]] is in some dispute among gun rights activists. The laws of all three states, strictly speaking, would place them in the may-issue category, as permit issue is to some degree discretionary. However, these states are effectively "shall-issue" in practice as agency policies direct the issuing body to approve an applicant who has met statutory requirements. ====No-issue==== A '''no-issue''' jurisdiction, within the context of [[gun]] [[law]], is one that does not allow any private citizen to carry a concealed handgun. The term refers to the fact that no concealed carry permits will be issued (or recognized). As of December 2007 in the [[United States]], only [[Illinois]] and [[Wisconsin]] are no-issue jurisdictions. [[Nebraska]] and [[Kansas]] have passed concealed carry laws which took effect on January 1st, 2007. [[Wisconsin]], [[Kansas]], [[Virginia]] and [[Nebraska]] all permit unlicenced [[open carry]], subject to county and municipal restrictions{{Fact|date=February 2008}}. The District of Columbia is also "no-issue", and in fact forbids possession or ownership of a handgun within the District, except those grandfathered in before the 1976 ordinance went into effect. However, this law was struck down in the [[District_of_Columbia_v._Heller|Heller]] case; the details of how DC residents may own, and possibly carry, weapons are still being worked out (as of July 2008). ====Unrestricted==== An '''unrestricted''' jurisdiction, in the terminology of firearm laws, is one where no [[permit]] is required to carry a concealed handgun. Currently, among [[U.S.]] states, only Alaska and Vermont allow the general public to carry a concealed firearm without a permit.<ref>[http://www.dps.state.ak.us/statewide/permitslicensing/concealedhandguns.aspx Alaska Concealed Handgun Permits - Permits and Licensing Unit<!-- Bot generated title -->]</ref><ref>[http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=13&Chapter=085 The Vermont Statutes Online<!-- Bot generated title -->]</ref> [[Alaska]] is both unrestricted and a shall-issue state as it continues to automatically issue carry permits to all residents who meet that state's issuance criteria; this is done primarily for permitting residents to legally carry in states that recognize permits from Alaska. [[Vermont]] is unique in that permits are not required for carry concealed or unconcealed for resident and non-resident alike. Vermont has no statutes concerning concealed carry, nor is there a specific statute that allows it. In the absence of a statute that prohibits it, then it is taken that there is no law against it. Since Vermont does not issue permits, its residents are unable to legally carry concealed in other states that would normally recognize out-of-state permit holders unless they hold some other state's permit. ==Statistics== Some (but not all) states publish statistics indicating how many people acquire permits to carry concealed weapons, and their demographics. Reported permit-holders are predominantly male. For example, while over 60,000 women were licensed in Florida as of June 2007, 85% of permit holders were male in that state.<ref>''[http://licgweb.doacs.state.fl.us/stats/cw_holders.html License Holder Profile Report]'', Florida Department of Agriculture and Consumer Services - Division of Licensing, Retrieved August 2007</ref> The number of permit-holders has been growing. [[Michigan]], for example, reported more than 40,000 applications in a one year period.<ref>''[http://www.michigan.gov/documents/msp/CCWAnnualReport_181416_7.pdf 2005-2006 CCW Annual Report]'', Michigan State Police</ref> Florida has issued over 1.2 million permits since adopting the law, and has had more than 400,000 currently-licensed permit holders as of June 2007.<ref>''[http://licgweb.doacs.state.fl.us/stats/cw_monthly.html Concealed Weapon / Firearm Summary Report - October 1, 1987 to June 30, 2007]'', Florida Department of Agriculture and Consumer Services - Division of Licensing, Retrieved August 2007</ref> Distribution by age is generally proportionate to the overall state adult population. In Florida, 26% of permit-holders are in the 21–35 age group, 36% are 36–50, 27% are 51–65, and 11% are over age 65. The numbers of permit revocations are small. [[North Carolina]] reports only 0.2% of their 263,102 holders had their license revoked in the 10 years since they have adopted the law.<ref>''[http://sbi2.jus.state.nc.us/crp/public/other/conceal/Sept302004stats.pdf North Carolina Concealed Handgun Permit Statistics by County - 12/01/1995 through 09/30/2004]'', North Carolina State Bureau of Investigation</ref> Permit holders are a remarkably law-abiding subclass of the population. Florida, which has issued over 1,346,000 permits in twenty years, has revoked only 165 for a "crime after licensure involving a firearm," and less than 4200 permits for ''any'' reason. <ref>http://licgweb.doacs.state.fl.us/stats/cw_monthly.html (April 13, 2008)</ref> == See also == * [[Henry Deringer]] * [[Open Carry]] * [[The Bias Against Guns]] * [[More Guns, Less Crime]] * [[Gun politics]] * [[Gun politics in the US]] * [[Gun laws in the United States (by state)]] ==References== {{reflist|2}} == Further reading == * 1977 John Lott and David Mustard, “Crime, Deterrence, and Right-to-Carry Concealed Handguns,” Journal of Legal Studies. * 1998 Dan Black and Daniel Nagin, “Do Right-to-Carry Laws Deter Violent Crime?” Journal of Legal Studies. * 1998 John Lott, “The Concealed-Handgun Debate.” Journal of Legal Studies. * 2000 John Lott, More Guns, Less Crime (AEI). * 2002 John Lott, More Guns, Less Crime, Second Edition (AEI). * 2003 Ian Ayres and John Donohue, “Shooting Down the ‘More Guns, Less Crime’ Hypothesis, Stanford Law Review. * 2003 Florenz Plassmann and John Whitley, “Confirming ‘More Guns, Less Crime,” Stanford Law Review. * 2003 Ayres and Donohue, “The Latest Misfires in Support of the ‘More Guns, Less Crime’ Hypothesis,” Stanford Law Review. ==External links== <!----WP is not a link farm. Common practice is to first discuss adding an external link after reading the external link guidelines (see: WP:EL) and policy is to not add a link to a site you are affiliated with in some way (see: Wikipedia:WikiProject Spam). Please consider helping us improve the content of the article instead. However, there are MANY notations (i.e., requests) for citations in this article, for statements which would be considered common knowledge in many other articles --> * [http://www.nraila.org/GunLaws/ NRA-ILA guide to gun laws] [[Category:United States firearms law]] [[Category:Licenses]] [[Category:Gun politics]] [[Category:Self-defense]]