Congress considers CCW interstate law

| September 14, 2011

Fox News reports that the House is considering a law that would allow Concealed Carry Weapons (CCW) permit holders to carry their weapons across state lines. Currently, the States have reciprocity agreements with each other, usually based on the requirements of being issued a permit in the other State.

For example, my permit allows me to carry a weapon concealed in 32 States because of the extensive background check and the eight hours of training required by West Virginia. However, 12 miles from my house, in Maryland, I have no such authority to carry a weapon, concealed or otherwise.

Some States, understandably, are opposed to the action by Congress claiming that it violates their right to regulate firearms;

But opponents say the bill tramples on each state’s autonomy to set the standards legislators believe are necessary to confront local problems. Foes also said that the law could allow violent offenders to hold on to their weapons.

Testifying before Congress on Tuesday, Philadelphia Police Commissioner Charles Ramsey told the story of Marqus Hill, a man whose Pennsylvania gun permit was revoked after he was charged with attempted murder.

“Despite his record, he then used his Florida permit to carry a loaded gun in Philadelphia,” Ramsey said. “He eventually shot a teenager thirteen times in the chest killing him on the street.”

The solution seems simple to me – a uniform standard for issuance to which the States can all agree. Of course, the States no longer have any representation in Congress (thank you, Seventeenth Amendment) so it might be difficult for them to have input.

Category: Guns

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Claymore

Did anyone ask Commissioner Ramsey why an accused murderer was out on the street to fucking begin with?

Steve

Would this require further tightening of existing laws? I can see this working in theory, but there are many “looser” states where I can see this being a real issue.

Flagwaver

As I have said many times in the past. If you make it criminal to carry a weapon, then only criminals will carry weapons. I personally enjoy the thought of carrying my pistol with me in Oregon, but I have to leave it at home when I travel up to Washington. I have put in for a WA CCW, but they told me that I do not pass the background check because, get this: I have PTSD and have been recently discharged from the military…

OldSoldier54

#3

Typical.

Faith+1

This is a tough one for me. I’m a CCW in Florida and in general agree with the concept. However, I also believe it should be left up to the states to decide their own fate. I guess I could live with a federal guideline/qualification/standard for all states wishing to allow CCWs, but if citizens of a state decide they do not wish to allow CCW permits it should be their call–no matter how misguided it is.

LittleRed1

I’d be worried that CA, MA, and IL would bollox it for the rest of us.

Old Trooper

#5: While I agree with what you are saying involving states rights, we must also acknowledge that it is well established that this would fall under interstate travel which itself falls under federal guidelines in such matters as interstate commerce or committing a crime and crossing state borders to escape justice, kidnapping, etc.

The example given by Ramsey is a red herring. If his permit was revoked in Pennsylvania, then it should have automatically revoked his Florida permit, especially if there is reciprocity between Pnnsylvania and Florida. It sounds like someone dropped the ball in Pennsylvania and they want to use their incompetence as a backdrop as to why it’s a bad idea to allow citizens to carry from state to state. My bigger question to Commissioner Ramsey would be; how he knew that this guy was able to legally carry after revocation?

Bobo

“Some States, understandably, are opposed to the action by Congress claiming that it violates their right to regulate firearms.” Can someone please tell me where the states get this right given the 2nd Amendment? And, ironically, those in the federal government in opposition seem to support federal intrusion into states’ enforcement of illegal acts perpetrated by illegal aliens, which aren’t constitutionally protected.

streetsweeper

The states share reciprocity on drivers license’s, the caveat being CDL’s. If you lose it in your home state you are screwed with the other states. In a sense I say why not do the same with CCW’s.

Claymore

The biggest issue I see with application of the “full faith and credit” litmus test to national reciprocity is that it could open a Pandora’s Box of undesirable consequences. That being said, I also think that the current scenario of a patchwork approach to reciprocity sucks, in many cases eliminating states like Vermont and Alaska due to their liberal approach to concealed carry. I blanch at the idea of Feds sticking their noses into this, but in some areas of the country, this might be their only chance at ever seeing their 2nd Amendment rights being restored.

2-17AirCav

@8. The Bill of Rights originally applied only to the Federal government. Over time, certain of those rights were made applicable to the states as well. This was done (as it always is) through the 14th amendment’s Due Process Clause. But not all rights contained in the Bill of Rights have been made applicable to the states. One that was not until just last year is the right to keep and bear arms. That came courtesy of Obama’s favorite city (no, not Mecca), Chicago, which had prohibited all handguns within city limits. The Supreme Court killed the law, saying that the 2nd amendment applies to individual defense. It was a helluva whacking for the gun grabbers.

But that did not mean that the Court’s traditional view and approach regarding state regulation of firearms was tossed. It wasn’t. States have the authority to regulate firearms both out of necessity (kids, druggies, nut jobs, felons) and because the Supreme Court says so.

Spade

Flagwaver: You need to contact a lawyer about that. Maybe even Gura.

Flagwaver

Thanks, Spade. I actually sicked one of my friends in OR-MilDep on the jokers. Still, I usually only travel to Washington when I absolutely have to (Madigan in Lewis). Otherwise, I could care less about the hippies in that state. I’ll stick to Oregon where our hippies are centrally located for ease of beating.

NHSparky

Problem is, you can’t draw parallels between CDL’s and CCW because CCW isn’t uniform like CDL’s.

Only when you CAN make them uniform do you have any sort of ability to determine “is he or isn’t he legal” between states when it comes to CCW.

Frankly, there should be a FEDERAL CCW license, not state.

Claymore

More to the point; who thinks for a second Teleprompter Jebus would even sign such a law, forget the fact there’s zero chance of it making it out of the Senate.

UpNorth

@#15, that’s the rub, we all know Dingy Harry won’t touch this with a 10′ pole, and the Clown Prince wouldn’t sign it.

Cpl H

I’m from Illinois but I’m currently stationed in Yuma az where I carry a pistol for all to see. Especially those illegals coming across the border with fast and furious arms. It’s silently to know that I have more constitutional rights somewhere other than my home state