Carrying concealed weapon

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In the United States, carrying concealed weapon (CCW, also known as concealed carry) is the privilege or right for private citizens to carry a handgun or other weapon in public in a concealed manner, either on the person or in close proximity to the person. In some states, the law applies to only a single concealed weapon, while in other states a person may conceal multiple weapons. The choice of permitted weapon depends on the state; some states restrict the weapon to a single handgun, whereas others permit multiple handguns or even martial arts weapons to be carried. CCW is a more generalized form of what some states call a concealed handgun license (CHL).

The current trend towards adopting liberalized concealed carry laws has not been without opposition; however, no state which has adopted a shall-issue concealed carry law has subsequently reversed their decision to do so. Currently, 48 U.S. states allow some form of concealed carry. (About half of the states provide for some variant on non-concealed "open-carry". In 13 states, the same permit or license is required to open-carry a handgun, but most states do not require a permit or license to carry openly; in 6 states, even with concealed-carry licenses or permits, open-carry is absolutely prohibited.)

Contents

[edit] State laws

Progress of Right To Carry laws
Progress 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." Nine states have "may issue" laws requiring the applicant to demonstrate specific "need." In practice, this is often a mechanism to deny licensing.

These "may issue" states range from "shall issue" in practice, such as Alabama and Connecticut; 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.[citation needed]

Two states, (Vermont[1] and Alaska[2]), allow a non-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 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[3] and Illinois[4]) and the nation's capital[5] have no provision for legal concealed-carry privileges. There are currently movements in each of these states to pass concealed-carry laws. Legislation was passed in 2004 and again in 2005, but vetoed by the respective governors. On March 23, 2006 the Kansas legislature overrode governor Kathleen Sebelius' veto and enacted a concealed-carry law effective July 1.[6]

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 licenseholder, even when holding a permit or license. Presently, a license or permit from most states, held by a resident of that state, is recognized in approximately 30 other states. In contrast, a license or permit from most states, held by a non-resident of that state, is recognized in slightly fewer than 30 other states at present. 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 (just as motor vehicle licenses enjoy complete reciprocity.) The United States Senate (S. 388) has introduced similar legislation.

A licensee residing in one state may be able to carry or transport a weapon to another provided there is a reciprocity agreement between the states. A licensee is considered to have constructive knowledge of the law as it applies (that is, courts will presume the licensee knows the law, whether the licensee has troubled himself to learn it or not).

Legislation, case-law, and interpretation thereof by law enforcement agencies change rapidly and frequently in this area of law, and online sources may not be reliable or up-to-date.

[edit] Training

Recognizing the responsibility associated in concealed-carrying a firearm, some states require concealed carry applicants to participate in a training course. Most courses have a classroom and range component, often being completed in one to two days. The classroom topics can include the following: 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 techniques. These courses devote a considerable amount of time to liability issues should the licensee have to ever use his weapon. 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.

During the range portion of the course the applicant will learn and demonstrate safe handling of a firearm, how to safely operate the handgun, and accurate shooting from common self-defense distances. Most states require a certain proficiency to receive a passing grade.

Some states recognize the safety and use-of-force training given to military personnel as acceptable. These states will allow a military ID for active persons or DD214 for legally discharged persons in lieu of formal civilian training certification.

Liability is present where the licensee brandishes the weapon, threatens use, or exacerbates a volatile situation, or when the licensee is carrying while intoxicated.

[edit] Why carry?

There are a variety of motivations people have for seeking a license or permit to carry a concealed weapon (CCW). Historically, judges have granted concealed-carry privileges to officers of the court who could demonstrate need (including judges, attorneys, bailiffs, and security guards). Threatened private individuals have also often been given permission to carry, e.g. "battered wives" and stalked celebrities. These historical grants rarely demanded firearms training.

More recently, with the growth of the concealed-carry movement, many more private individuals have sought to be armed in public. Some examples:

  • Individuals who routinely visit or reside in high-crime areas;
  • Families who camp and fish in remote areas, including bear or mountain lion (panther) country;
  • Individuals working in remote areas, or late at night;
  • Individuals who work at especially vulnerable businesses where firearms are kept for defensive purposes;
  • Individuals who must carry large sums of cash or other valuables (such as jewelery or gemstones) for work;
  • Individuals engaging in shooting sports who need to transport those weapons, while simultaneously meeting no-open-display state laws;
  • Individuals who live in multi-family residences, who must cross common areas for which no-open-display laws apply;
  • Individuals who wish to protect their persons, families, and property from a general threat of criminal activity;
  • Individuals who wish to exercise their 2nd Amendment rights to ensure that the right continues to be protected;
  • Individuals who wish to transport firearms in their automobiles legally, but who may unknowingly cross within prohibited distances of school zones under Federal laws

[edit] Concealed carry politics

[edit] Concealed carry laws

Legislation and debate regarding the concealed carry of firearms are a subset of gun politics. The main distinction between the topics of concealed carry and the more general consideration of gun ownership is that arguments advocating or opposing concealed carry must first assume that people can legally own firearms. This point is often lost when discussions on concealed carry give way to debates on gun ownership in general. For example, if the argument is made that concealed carry should be illegal because people should not own guns, then the topic of discussion is no longer centered on the merits of concealed carry.

The largest topic in concealed carry politics is who can legally carry concealed weapons. Three common policies are prohibition of concealed carry, discretionary licensing, and nondiscretionary licensing. Less common is unregulated, legal concealed carry such as in Vermont and Alaska. Furthermore, minimum age requirements of 18 or 21 years are typical.

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 schools, establishments that serve alcohol, public accommodations (theaters, concert halls, courtrooms) or public events (polling places, state fairs).

These restrictions vary widely, particularly in the United States. For example, in Texas, one may not carry in any establishment which generates 51% or more of its revenue from the sale of alcohol for on-premises consumption. In Florida, one may carry in a restaurant that serves alcohol, but not into the bar area. Virginia prohibits concealed-carry in businesses with a liquor license, but open-carry is permitted. Pennsylvania does not prohibit carry in any establishment, whether it be a family restaurant, bar, or club. In Ohio and North Carolina, a law-abiding permit holder may not carry in any establishment licensed to dispense alcohol for on-premises consumption.

Further restrictions may be placed on what kind of guns may be carried and how many a person may carry at one time.

[edit] Civil liberties

It has been argued by some that CCW permits are unconstitutional. In their December 2004 article "Why Adopt a Vermont-style CCW Law?", the gun rights organization Gun Owners of America argues:

"Constitutionally, officials cannot license or register a fundamental right"

...the article then goes on to cite an example of a supreme court ruling in regards to the First Amendment:

"The Supreme Court held in Lamont v. Postmaster General (1965) that the First Amendment prevents the government from registering purchasers of magazines and newspapers -- even if such material is "communist political propaganda."

[edit] Research into the effects of concealed carry laws on crime

There have been many studies published in academic journals regarding the effects of various concealed carry laws on crime rate. Academics have also taken the debate outside of journals, writing books, blogs, and having debates on the subject.

The effect of various concealed carry laws are the subject of past and present research. In his book, More Guns, Less Crime, John Lott's analysis of crime report data has shown some 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.

Don Kates summarizes the consensus reached by criminological research into gun control thus: "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."[7]

Regardless of the interpretation of statistics, the trend in the United States has been towards greater permissivity 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, 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.) Florida responded by enacting laws prohibiting the obvious marking of rental cars. In 1991 Luby's massacre prompted Texas law-makers to pass a concealed carry law.

[edit] Related literature

  • 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.

[edit] Who carries?

Statistics published by the various states give some indication of what type, and how many people acquire permits to carry concealed weapons. Some recent indicative statistics:

  • Permit-holders are predominantly male:
    • 85% male vs. 15% female in Florida, October 2004
    • Over 50,000 women are licensed in Florida as of 2005
  • The number of permit-holders is growing:
    • Michigan for example reports 30,000 applications July 2003 – June 2004; other states vary but this is representative.
  • The number of permit-holders is significant:
    • Florida has issued over 800,000 permits since adopting the law, and had 289,644 currently-licensed permit holders as of October 2004.
    • State Police Reports show similar numbers: New York 530,000 (1997), Pennsylvania 575,000 (1998), Texas 235,000 (1999).
  • Distribution by age is generally proportionate to the adult population:
    • Florida reports 26% are in the 21–35 age group, 36% are 36–50, 27% are 51–65, and 11% over age 66.
  • The number of revocations of permits is very small:
    • North Carolina reports 0.2% of their 263,102 holders had their license revoked in the 10 years since they have adopted the law — a lower proportion than the crime rate among North Carolina police officers. Revocation of license is for any criminal conviction, and need not involve an illegal firearm usage. Revocations typically arise from DUI.
    • Of the 14,000 licenses issued in Oregon, only 4 individuals (0.03%) were convicted of criminal (though not necessarily violent) use or possession of a firearm.

[edit] Methods of carry

At present, only five of the "shall issue" states require concealment; however, some localities require concealment by statute or ordinance. Most licensees choose to conceal their weapon to avoid causing others to make spurious calls to the police.

Concealment is generally accomplished with a medium or small revolver or semi-automatic pistol, an appropriate holster, and a concealing garment or handbag. Changes in methods of concealment are sometimes necessary when crossing state boundaries, though reciprocal recognition of licenses exists between each states. For example, Florida requires concealment of handguns. A pocket holster (front or rear trouser pocket), inside waistband (IWB) clip or holster, or ankle holster are all legal, provided appropriate covering garments are worn. Georgia does not require concealment but does require that if concealed-carrying, the weapon be carried in some type of holster or a hipgrip/clip .[8] Careful review of differences in state laws, despite the existence of reciprocal recognition of CCW licenses, should always be made prior to making any trips across state lines.

[edit] Choosing weapons for concealed carry

There is no single "best" weapon for concealed-carry usage, because the decision involves trading off various pros and cons based on each user's priorities, location, etc. Most experts say the criteria for choice should be as discussed in the subsections below.

[edit] Legality

CCW Licenses for different states that require licenses do not all permit the same choices of weapons. In many states, a concealed-carry license is valid for a firearm, edged weapon or a stun gun (Taser), or multiple weapons. In other states, the license is valid only for a firearm — other weapons, chemical deterrents, and back-ups are illegal. These differences are important for licensees crossing state lines, despite reciprocity agreements. Again, a licensee is considered to have constructive knowledge of all laws that apply to him (that is, courts will presume the licensee knows the law, whether the licensee has troubled himself to learn it or not).

[edit] Reliability

The paramount concern is reliability. For simplicity and reliability, a 5- or 6-shot revolver may be an excellent choice. Most revolvers will operate even if they are not maintained well or are seldom fired. Others may prefer a more complex 8- to 17-shot semi-automatic pistol, but they may malfunction if not kept properly maintained. Shooting statistics show that most revolvers are sufficient for personal-protection. Semi-automatics with single column magazines, are generally smaller with more streamlined profiles that conceal better and are less likely to catch on clothing. The choice of revolver or semi-automatic is a matter of personal preference and the owner's dedication to maintenance and regular practice.

[edit] Safety

Any CCW handgun should have modern safety features to prevent accidental discharge, and have one or more safety devices that require an intentional trigger pull to make the gun discharge. However, the exact configuration depends on handgun type, year, make, and model. No user should ever carry a handgun whose exact configuration he or she isn't totally familiar with.

The different types of safety devices are discussed in the main article Safety (firearms).

[edit] Tactical viability

Among handguns, the choice of type, make, and model depends on many variables, some of them tactical in nature, and each user makes his/her own choice about which is best for him/her. There is much debate about the relative pros and cons of modern double-action revolvers versus semi-automatic pistols, some of the issues being reloading speed and technique, the "tactical reload" (rapid partial reloading during narrow opportunities), the relative risk of a jam, and how to react to a jam. Each user's training, experience, and preference determine which gun gets chosen. Single-action revolvers (Old-West-type revolvers) are poor CCW choices tactically, because their thumb-cocking between shots, one-brass-at-a-time ejection, and one-cartridge-at-a-time reloading make them far inferior tactically to modern handguns for self-defense (and tactical needs should trump cowboy nostalgia for that purpose). The problem is that within the narrow range of situations where drawing and firing in self-defense are even appropriate, minor differences in speed and trigger action that would be negligible in a target-range environment suddenly can become important. Having a handgun available is only a beginning; tactical considerations determine whether it is of any use when it is needed under stress.

[edit] Ergonomics & Clothing

A 110 lb (50 kg) individual may not be able to use a high-recoil weapon accurately, and may not be able to easily conceal a large weapon. This individual might find a .32 S&W long-caliber revolver, well-regarded for its accuracy and low-recoil, an especially effective choice despite its reputation for being slightly underpowered. This firearm was the standard police sidearm in New York City circa 1915 until circa 1934, when it was replaced by the .38 Special revolver. Average individuals should probably consider a .38 Special caliber, or equivalently a 9 mm caliber, as the minimal size for personal defence. In warmer weather when people wear fewer and lighter clothes, a 32 ACP or 380 ACP semi-automatic with a single column magazine is a good choice, but having about only 35 - 60% the stopping power of a 9mm.

[edit] Stopping Power

It is widely held that a 9 mm handgun is the minimum caliber for personal protection; however, accuracy can ameliorate the disadvantages of smaller caliber. Consider ammunition cost (expensive ammunition discourages regular practice) and availability, and consider manageable recoil in caliber selection. Since the 9 mm cartridge is among the least expensive, most available, and lowest-recoil cartridges, a 9 mm pistol can be an excellent choice.

Other popular concealed carry calibers are .32 S&W Long, .32 ACP, .380 ACP (9 x 17 mm, 9 mm Kurz), .38SPL, 9 mm Makarov, 9 mm, .40 S&W, .357 SIG, .45 GAP, .45 ACP, .357 magnum, and, formerly, 10 mm Auto.

Some CCW holders in the United States have elected since 2006 to switch from carrying hollow-point bullets and especially 10 mm caliber weapons to instead favor carrying smaller caliber weapons after the conviction of retired school teacher Harold Fish in Arizona for second degree murder during a self-defense shooting. His conviction for killing a homeless man with a history of mental instability who attacked him while hiking on a remote trail was obtained through a jury trial by stressing Fish overreacted through choosing to use the increased stopping power of 10 mm hollow point bullets. State law in Arizona has subsequently been changed, such that the state now has the burden to prove that a self defense shooting was not in self defense, whereas the burden previously before the Fish incident was that the shooter on trial had to prove that the shooting was in fact done in self defense. Meanwhile, many CCW holders have elected to switch to carrying handguns loaded with FMJ bullets in calibers smaller than 10 mm. A choice often advocated for selecting the correct stopping power in CCW training classes is to select to use the exact same type of bullets (FMJ or hollow point), in the exact same caliber that are used by the local police, to avoid being accused of overreacting during any self defense post-incident trial. [1] [2][3]

[edit] See also

[edit] Concealed carry issues of interest

[edit] References

[edit] Notes

  1. ^ Vermont gun laws (PDF)
  2. ^ Alaska gun laws (PDF)
  3. ^ Wisconsin gun laws (PDF)
  4. ^ Illinois gun laws (PDF)
  5. ^ District of Columbia gun laws (PDF)
  6. ^ Wichita Eagle, "Signs banning guns dominate hearing", October 11, 2006.
  7. ^ Tennessee Law Review, "GUNS AND PUBLIC HEALTH: EPIDEMIC OF VIOLENCE OR PANDEMIC OF PROPAGANDA?", 1994.
  8. ^ Unannotated Georgia Code - Titles

[edit] External links

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