www.gunowners.org
Apr 1999
Why Adopt a Vermont-style CCW Law?
Several states are considering adopting "Vermont-style" concealed carry
legislation. Most of the Carry Concealed Weapon (CCW) laws in the country
require citizens to first get permits. But in a couple of states, like
Vermont, citizens can carry a firearm without getting permission . . .
without paying a fee . . . or without going through any kind of government-
imposed waiting period. There are many reasons for a state to adopt a genuine
right to carry law:
1. Carrying a firearm is a "right" not a "privilege"
The Second Amendment guarantees that "the right of the people to keep
and bear arms shall not be infringed." This means that law-abiding citizens
should not need to beg the government for permission to carry a firearm.
That would turn the "right" to bear arms into a mere "privilege." Likewise,
one should not have to be photographed, fingerprinted, or registered before
they can exercise their Second Amendment rights. Criminals certainly do
not jump through these "hoops." The Second Amendment is no different than
any of the other protections enumerated in the Bill of Rights. That is,
honest citizens should not need a government issued permission slip; rather,
they should be able to carry as a matter of right.
2. The issuing of permits can be abused by officials
a. Refuse to issue
* New York City: Officials in New York City routinely
deny gun permits for ordinary citizens and store owners because -- as the
courts have ruled -- they have no greater need for protection than anyone
else in the city. In fact, the authorities have even refused to issue permits
when the courts have ordered them to do so. (1)
* Gary, Indiana: Then-Mayor Richard Hatcher let it be known
in 1979 that he would not be approving any citizens' concealed carry applications.
He then said if they wanted to challenge his authority, they were welcome
to take him to court. It took citizens over 10 years (and thousands of
dollars in legal fees) to get any relief. (2)
* San Jose, CA: Joseph McNamara, a former police chief and
anti-gun spokesman, bragged in his 1984 book, Safe & Sane, that "in
San Jose, I have made it considerably tougher for residents to get handgun
permits." (3)
b. Require fingerprints -- Virginia
applicants for concealed carry permits were forced to submit to FBI fingerprint
background checks without any authorization requiring such checks. (4)
c. Revoke for politically incorrect speech
-- In Oregon, officials have been known to revoke concealed carry
licenses because of one's political views. In one case, a permit holder
had his license revoked because he was the editor of a pro-life newspaper.
(5)
d. Print licensee holders' names in newspapers
-- In several states, newspapers have frequently printed the names
of concealed carry permit holders, which are almost always public information.
(6)
3. Officials can "raise the hurdles" in order to get a permit
* The power to license a right is the power to destroy a right
a. Arbitrary Delays -- While New Jersey
law requires applications to be responded to within thirty days, delays
of ninety days are routine; sometimes, applications are delayed for several
years for no readily apparent reason. (7)
b. Arbitrary Denials -- See the examples
above from New York City, Indiana and California.
c. Arbitrary Fee Increases -- In 1994,
the Clinton administration pushed for a license fee increase of almost
1,000 percent on gun dealers. According to U.S. News & World Report,
the administration was seeking the license fee increase "in hopes of driving
many of America's 258,000 licensed gun dealers out of business." (8) This
example clearly shows how easily government officials can abuse the issuing
of carry permits. Instead of using lower fees to merely pay for the processing
of permits, officials can raise the fees to keep people from exercising
their rights.
4. Vermont has a genuine right to carry law (i.e., requires no permits)
and yet boasts one of the lowest crime rates in the nation
A. Vermont enjoys the 49th lowest crime rate in the nation,
according to the FBI:
Violent Crime (1997)
rate per 100,000 people |
| Rank |
State |
Rate |
| 1st |
Florida |
1023.6 |
| 2nd |
South Carolina |
990.3 |
| |
U.S. average |
610.8 |
| 49th |
Vermont |
119.7 |
| 50th |
North Dakota |
87.2 |
B. The FBI statistics also show that Vermont boasts the
47th lowest murder rate among the 50 states:
Murder (1997)
rate per 100,000 people |
| Rank |
State |
Rate |
| 1st |
Louisiana |
15.7 |
| 2nd |
Mississippi |
13.1 |
| |
U.S. average |
6.8 |
| 47th |
Vermont |
1.5 |
| 48th |
New Hampshire |
1.4 |
| 49th |
South Dakota |
1.4 |
| 50th |
North Dakota |
.9 |
C. Anti-gunners like Sarah Brady want people to think that
"access to firearms" is one of the greatest social ills facing this nation.
If this is so, then why are guns not a problem in Vermont where anyone
can strap a .45 under their jacket and go about their business? Why hasn't
Vermont turned into the popular notion of the Wild West? Few states ever
come close to earning the title of the "state with the lowest crime rate."
Vermont has.(9)
D. Not surprisingly, concealed carry laws have worked nationwide
to drop crime rates.
1. A comprehensive national study in 1996 determined that
violent crime fell after states made it legal to carry concealed firearms.
(10)
2. The results of the study showed:
* States which passed concealed carry laws reduced their
murder rate by 8.5%, rapes by 5%, aggravated assaults by 7% and robbery
by 3%; and
* If those states not having concealed carry laws had adopted
such laws in 1992, then approximately 1,570 murders, 4,177 rapes, 60,000
aggravated assaults and 12,000 robberies would have been avoided yearly.
(11)
5. Waiting periods of any kind (such as those resulting from the CCW
licensing process) can threaten honest people's safety. (12)
Note: Criminals usually don't bother to go through the waiting
period since they don't apply for permits.
a. New York. In 1983, Igor Hutorsky was murdered by two
burglars who broke into his Brooklyn furniture store. The tragedy is that
some time before the murder his business partner had applied for permission
to keep a handgun at the store. Even four months after the murder, the
former partner had still not heard from the police about the status of
his gun permit. (13)
b. Colorado. Talk show host (Alan Berg) was gunned down
in 1984 after being denied a concealed carry permit. (14)
c. Wisconsin. In 1991, Bonnie Elmasri inquired about getting
a gun to protect herself from a husband who had repeatedly threatened to
kill her. She was told there was a 48 hour waiting period to buy a handgun.
But unfortunately, Bonnie was never able to pick up a gun. She and her
two sons were killed the next day by an abusive husband of whom the police
were well aware. (15)
d. Los Angeles. USA Today reported that many of the people
rushing to gun stores during the 1992 riots were "lifelong gun-control
advocates, running to buy an item they thought they'd never need." Ironically,
they were outraged to discover they had to wait 15 days to buy a gun for
self-defense. (16)
e. Virginia. In 1993, Marine Cpl. Rayna Ross bought a gun
(in a non-waiting period state) and used it two days later to kill an attacker
who was armed with a bayonet. (17) Had a waiting period been in effect,
Ms. Ross would have been defenseless against the man who was stalking her.
6. CCW licenses register gun owners -- and licensing can lead to confiscation
of firearms
a. Step One: Registration -- In the
mid-1960s officials in New York City began registering long guns. They
promised they would never use such lists to take away firearms from honest
citizens. But in 1991, the city banned (and soon began confiscating) many
of those very guns. (18)
b. Step Two: Confiscation -- In 1992,
a New York city paper reported that, "Police raided the home of a Staten
Island man who refused to comply with the city's tough ban on assault weapons,
and seized an arsenal of firearms. . . . Spot checks are planned [for other
homes]." (19)
c. Foreign Countries -- Gun registration
has led to confiscation in several countries, including Greece, Ireland,
Jamaica and Bermuda. (20) And in an exhaustive study on this subject, Jews
for the Preservation of Firearms Ownership has researched and translated
several gun control laws from foreign countries. Their publication, Lethal
Laws: "Gun Control" is the Key to Genocide, documents how gun control (and
confiscation) has preceded the slaughter and genocide of millions of people
in Turkey, the Soviet Union, Germany, China, Cambodia and others. (21)
7 . Constitutionally, officials cannot license or register a fundamental
right
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." (22)
8. Citizens show amazing accuracy and self-restraint with firearms
Citizens shoot and kill at least twice as many criminals
as police do every year (1,527 to 606). (23) And readers of Newsweek learned
in 1993 that "only 2 percent of civilian shootings involved an innocent
person mistakenly identified as a criminal. The 'error rate' for the police,
however, was 11 percent, more than five times as high." (24)
---------------------------------------
1. David Kopel, "Trust the People: The Case Against
Gun Control," [Cato Institute] Policy Analysis 109 (July 11, 1988): 25-26.
2. Supreme Court of Indiana, Kellogg v. City of Gary,
1990.
3. Joseph McNamara, Safe & Sane, (1984): 74.
4. Peter Finn, "FBI Stops Checking Va. Gun Applicants,"
The Washington Post, 12 July 1996.
5. In a court hearing to have the license returned,
the judge in the case admitted that the individual did not meet the criteria
for a revocation (i.e., he had never engaged in acts of violence or made
threats of violence) but agreed to uphold the revocation anyway. The justification
the judge gave was that the abortion issue was "a volatile one" and people
involved in it should not be allowed to carry guns. A friend of the "defendant"
made a routine inquiry to the sheriff's department to see if any abortion
doctors or activists had their licenses revoked. By Oregon law this is
public information. He was immediately visited by four FBI agents who demanded
to know the reason for the request. Statement by Kevin Starrett, Oregon
Representative for Gun Owners of America, August 21, 1995.
6. North Carolina, Pennsylvania and Virginia are just
three examples where local newspapers have printed the names of concealed
carry permit holders.
7. Kopel, "Trust the People," at 26.
8. U.S. News & World Report, (17 January 1994):
8.
9. Morgan Quitno Press, Crime State Rankings 1996,
at iv.
10. John R. Lott, Jr. and David B. Mustard, "Crime,
Deterrence, and Right-to-Carry Concealed Handguns," University of Chicago,
(13 July 1996). See also Lott, Jr., "More Guns, Less Violent Crime," The
Wall Street Journal (28 August 1996).
11. Ibid.
12. Any waiting period -- whether the wait to buy
a gun, or the wait to get a carry permit -- can have disastrous consequences.
While most of the examples listed here relate to gun purchase waiting periods,
the principle is the same. Waiting periods put one's rights on hold; and
when one is in immediate danger, the result can be death.
13. Senate, "Handgun Violence," at 107, citing Novae
Russkae Slovo, Vol. LXXII, No. 26.291, (6 Nov. 1983).
14. Stephen Singular, Talked to Death: The Murder
of Alan Berg and the Rise of the Neo-Nazis, (1987): 137-138. Since he was
shot from behind, one could possibly argue that a gun might not have helped
him. Of course, had Berg received a carry permit, one can never be sure
if his being armed would have served as a deterrent to the killer, who
had stalked him for some time. Regardless, the point is that he should
have been able to defend himself.
15. Congressional Record, 8 May 1991, pp. H 2859,
H 2862.
16. Jonathan T. Lovitt, "Survival for the armed,"
USA Today, 4 May 1992.
17. Wall Street Journal, 3 March 1994 at A10.
18. On August 16, 1991, New York City Mayor David
Dinkins signed Local Law 78 which banned the possession and sale of certain
rifles and shotguns.
19. John Marzulli, "Weapons ban defied: S.I. man,
arsenal seized," Daily News, 5 September 1992.
20. David Kopel, "Trust the People: The Case Against
Gun Control," [Cato Institute] Policy Analysis 109 (July 11, 1988):25.
21. Jay Simkin, Aaron Zelman and Alan M. Rice, Lethal
Laws: "Gun Control" is the Key to Genocide, (Milwaukee: Jews for the Preservation
of Firearms Ownership, 1994).
22. Lamont v. Postmaster General, 381 U.S. 301, 85
S. Ct. 1493, 14 L. Ed. 2d 398 (1965).
23. Kleck, Point Blank: Guns and Violence in America,
(1991):111-116, 148.
24. George F. Will, "Are We 'a Nation of Cowards'?,"
Newsweek (15 November 1993):93.