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Carrying concealed weapon

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In the United States, carrying concealed weapon (CCW, also known as concealed carry) is the privilege to carry a handgun or other weapon in public in a concealed manner, either on the person (most common), or, additionally, in some states, in close proximity to a person, perhaps in one's car. In some states, it applies only to one pistol or revolver, while in other states a person may conceal one or more weapons, firearms or otherwise.

The current trend towards adopting concealed-carry privileges has not been without opposition. Currently, 48 U.S. states allow adults to carry concealed weapons provided they have no criminal record and meet training requirements where required. (About half of the states provide for some variant on non-concealed "open-carry." In some states, the same permit or license may be used to open-carry a handgun; a few states do not require a permit or license to carry openly and/or concealed; in other states, even with concealed-carry licenses or permits, open-carry is absolutely prohibited.)

Contents

State 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 (e.g. Alabama and Connecticut); to "at the whim of local officials" (e.g. 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 (where even documented death threats have been insufficient to persuade officials to issue licenses); to "never-issue" Hawaii, (where licenses are never issued under any circumstances).

Two states, (Vermont and Alaska), allow a non-felon aged 16 or 21 respectively, to carry without a permit. Alaskan residents may optionally obtain a permit granting reciprocal carry rights in certain other states, or to be exempted from the NICS background check.

As of 2006, only two states—Wisconsin and Illinois—have no provision for legal concealed-carry of firearms. 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. The Kansas legislature overrode the governor's veto to enact a concealed-carry law on March 23rd, 2006.

Reciprocal recognition of concealed-carry privileges 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 to enact legislation to compel complete reciprocity for concealed-carry licenses (just as motor vehicle licenses enjoy complete reciprocity.) The United States Senate 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.

Training

Recognizing the responsibility of concealed-carry, training courses devote considerable time to liability should the licensee use his handgun to defend himself. 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.

Liability is present where the licensee brandishes the weapon, threatens use, exacerbates a volatile situation, or when the licensee is carrying while intoxicated. Weapons statutes and ordinances apply to licensees, though penalties may in certain cases be lessened from a felony to a misdemeanor for those carrying legally (such as encroaching unintentally within 1,000 feet of a school zone.)

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:

Statistics cited by pro-gun advocates

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 early-release. Of incarcerated felons surveyed by the Department of Justice, 34% have been driven away, wounded, or captured by armed Individuals; 40% state that they have decided against committing crimes for fear their would-be victims were armed.

The FBI's statistics in the 1992 Uniform Crime Report also concluded: "Violent crime rates are highest overall in states with laws limiting or prohibiting the carrying of concealed firearms for self-defense." [link] "The FBI's data also show that in 20 other states that issue CCW permits (including Arizona, Washington, Oregon, Tennessee, Wyoming, and others), these states have enjoyed a REDUCTION in crime as follows: 1) Violent crime rates are LOWER by 21%. 2) Homicide rates are LOWER by 33% 3) Robbery rates are LOWER by 37% and 4) Aggravated assaults are lower by 13%."[link]

Advocacy for greater restriction of concealed carry

Opponents of concealed-carry laws argue that permit requirements are insufficiently strict, and local law enforcement should have more discretion in issuing licenses when they believe it is in the interests of public safety. The counter-argument is that inconsistent application of the law creates inconsistent and arbitrary results across the many jurisdictions of a state. A statewide law, it is argued, should apply uniformly across the state. This issue produces considerable controversy in many states where an urbanized area wants more restrictive licensing and a rural area favors less-restrictive licensing. Examples include northern Virginia, the Twin Cities area (Minnesota), and Seattle (Washington).

Another argument concerns restricting places where carrying is permitted. Some laws prohibit carriage on school premises or in drinking establishments, others restrict carrying at public accommodations (theaters, concert halls, courtrooms) or public events (polling places, State Fairs). Concealed-carry opponents generally make no distinction between drinking establishments and restaurants where alcohol is sold. Some states make this distinction. 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.

Advocacy for greater availability 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. With this change, crime rates continued to fall alongside the issuance of concealed weapons licenses.

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:

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, but does not permit an IWB clip.[link] 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.

Preferred weapons for concealed carry

There is no single "best" weapon for concealed-carry usage. Most experts say the criteria for choice should be:

Concealed carry issues of interest

Training

Most licenses have a training requirement involving both a classroom and a range component, and can often be completed in 1-2 days. 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 techniques. 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.

References

External links

 

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