Concealed carry (USA) |
In the United States, concealed carry is the right to carry a handgun or other weapon in public in a concealed manner. Even as the number of states adopting legislation permitting this has grown, it has met with opposition. 37 U.S. states permit adults who have applied, have no criminal record, and (in some cases) meet training requirements to carry one or more handguns in a concealed manner; issuing officials may not arbitrarily deny a permit application, a practice known as shall issue. A further nine states have may issue laws; typically specific need must be established, but in practice, this is a mechanism to prohibit most people from carrying. These may issue states range from shall issue in practice (Alabama and Connecticut are examples) to at the whim of local officials (such as New York and California; rural officials in those states liberally issue permits but officials in urbanized counties generally do not unless the requestor is rich and/or powerful.) to almost non-issue in states such as Maryland and Hawaii where even documented death threats are sometimes not sufficient to convince officials to issue permits. Two states (Vermont and Alaska) allow any non-criminal who has reached the age of 21, in the case of Alaska, or 18, in the case of Vermont, to carry without a permit of any kind. Alaska issues a permit; it is, however, optional, and is used by Alaska residents for gaining reciprocal carry rights in certain other states.
As of 2005, only four US States: Nebraska, Kansas, Wisconsin, and Illinois have no provision whatsoever that would allow for the legal concealed carry of firearms by ordinary citizens. There are currently movements in each of these states to pass concealed-carry laws; in two of these states, legislation was passed in 2004, but vetoed by the respective governors.
Carrying a weapon is an enormous responsibility. Training courses spend a considerable amount of time discussing the many aspects of liability should one actually use a handgun, even to defend oneself. Although state laws vary, almost any use that is allowed is solely as a last resort, when one fears that life is in danger, when escape or retreat are not options, and warnings are given and ignored.
This liability is particularly present if the wearer brandishes the weapon, threatens to use a weapon, worsens a troubled situation (instead of calming it or simply leaving), or is under the influence of alcohol or drugs. Any criminal sanction for use of firearms can apply to the permit-holder as well as to the professional criminal.
=Why carry=
There are a variety of motivations people have for seeking a permit to carry a concealed weapon. Historically, judges have often allowed applicants who could prove they had a threatening job to have a permit to carry (including judges themselves, bailiffs, and security guards).
Those who could prove they were personally threatened were also often given permission to carry, such as a spouse threatened by their mate, notable or famous persons, and people who received death threats.
These historical grants of permission rarely included a training requirement.
More recently, with the growth of the concealed carry movement, many more people have sought a permit that would allow them to be armed in public. This could be for:
FBI Uniform Crime Report (1992) shows that 70% of violent crimes are committed by 7% of criminals, many of whom are on probation or are given parole and released early. Of incarcerated felons surveyed by the United States Department of Justice, 34% have been driven away, wounded, or captured by armed citizens; 40% state that they have decided against committing crimes for fear their would-be victims were armed.
The FBI s statistics also concluded: Violent crime rates are highest overall in states with laws limiting or prohibiting the carrying of concealed firearms for self-defense.
States offer selective reciprocity in this area. That is, a permit-holder in one state may be able to carry or transport a weapon in other states with a reciprocity agreement with the home state. Reciprocity does impose on the permit-holder the responsibility for knowing and understanding the differences in the laws between the states.
=Arguments for greater restriction of concealed carry=
Opponents of concealed carry laws argue that permit requirements are not strict enough, and that law enforcement should have more discretion in issuing licenses when they believe it is in the interests of public safety.
The counterclaim is that this creates inconsistent results and arbitrary rulings across the many jurisdictions of a state. A state-wide law, it is argued, should apply uniformly across the state. This issue produces considerable controversy in many states where a highly urbanized region wants more restrictive licensing compared to a larger rural area in favor of less restrictive licensing. Examples include northern Virginia, the Twin Cities (Minnesota), and Seattle (Washington).
Another argument concerns restricting places where carrying is permitted, and, as one might expect, there are many variations in the state laws that result. Some prohibit any carrying on school grounds or in bars, others restrict carrying at public places (theaters, concert halls) or public events (polling places during elections, State Fairs, and others).
Those opposed to concealed carry often make no distinction between bars (places where the consumption of alcohol is the primary activity) and restaurants with a liquor license . Some states however, make this important distinction. For example, in Texas, you may not carry in any establishment which generates 51% or more of its revenue from the sale of alcohol. Another example is Florida, where you can carry in a restaurant that serves alcohol, just not in the bar section, or Virginia, which prohibits concealed-carry in businesses with a liquor license, but open-carry is allowed.
=Who carries=
Statistics published by the various states give some indication of who and how many people acquire permits to carry concealed weapons. Some recent indicative statistics:
Of the 14,000 licensees in Oregon, they report only 4 (0.03%) were convicted of the criminal (not necessarily violent) use or possession of a firearm.
=Methods of carry=
Although some states do not explicitly require concealment, most do, and most permit-holders want to conceal their weapon, if only to avoid inadvertently causing people to make person with a gun calls to the police.
Concealment is usually achieved by a combination of a medium or small revolver or semi-automatic pistol, a good holster for the purpose, and sometimes a covering garment. All of these are adapted from police experience.
=Preferred weapons for concealed carry=
There is such a wide variety of candidates to consider for concealed carry, it is impossible to generalize about a single best weapon. Most experts say the criteria for choice should be:
Popular calibers, in increasing power order are .32 S&W Long, 32 ACP, 380 ACP, .38 Special, 9mm, .40 S&W, .357 SIG, .45 ACP, .357 magnum and 10 mm Auto.
=Concealed carry issues of interest=
=Training=
Most states impose a training requirement that must be completed successfully in order to receive a permit. These usually can be completed in 1-2 days, and almost all have both a classroom and a range component. 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 methods. At the range, students will practice shooting a target from a standing position, and may practice shooting from cover. Most require a certain proficiency to receive a passing grade.
=For further information=
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