Thursday, September 18, 2008

Permit Permutations...

I'd like to talk about the concept of concealed-carry permits, and specifically why I think they're useless.

First off, there's the unconstitutional aspect - I feel strongly about the "shall not be infringed" part of "the right of the people to keep and bear arms". There's a good deal of debate over what, exactly, the founding fathers meant by "bear". Some scholars point to evidence that the phrase "bear arms" was limited only to military persons during the time of the Founding Fathers; others disagree. From reading their own words, though, it's pretty hard to think they could make statements such as:

No freeman shall ever be debarred the use of arms. — Thomas Jefferson: Draft Virginia Constitution, 1776.


or

Laws that forbid the carrying of arms...disarm only those who are neither inclined or determined to commit crimes. Such laws only make things worse for the assaulted and better for the assassins; they serve to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. — Thomas Jefferson: 1764 Letter and speech from T. Jefferson quoting with approval an essay by Cesare Beccari.

or

A free people ought to be armed. — George Washington: Jan 14 1790, Boston Independent Chronicle.

if they had intended only the standing army to be allowed to carry arms.

That said, Jefferson's quote about laws forbidding the carriage of arms is central to my disagreement with the concept of requiring a permit to carry a weapon, concealed or otherwise. The people that will jump through the hoops to obtain a permit are exactly the kind of people that do not need to be permitted; that is to say they are the most law-abiding citizens to be found.

Study after study show that concealed permit holders commit far fewer crimes than the average citizen - for instance, David Kopel's study in 1996 pegged the number at a staggering 0.002% of FL permit holders. Do we infer from this that the granting of a permit to carry a concealed weapon somehow magically transforms sinners into saints? Occam's Razor would posit that it makes the most sense that folks who get permits are already extremely law-abiding.

Why, then, are permits necessary? If the people who apply for concealed permit applicants are the crème de la crème of honest citizens, isn't it redundant to ask they get the permits in the first place? Isn't it safe to assume that less-than-savory citizens wouldn't bother with the permit at all, and carry regardless? It's a given that criminals carry without regard for legalities and permits (and we'll discard the circular argument that by carrying without a permit one is automatically a criminal; we'll consider that strike to be null).

Isn't it far more likely that the reason for granting a permit to carry a concealed weapon is simply another roadblock to prevent people from taking charge of their own self-defense? The more onerous the restrictions are made, the less likely the average person is going to be to bother with the process. In a larger sense, this is borne out every time there's a natural or man-made tragedy in the US - one of the first things to happen in the wake of the LA riots was a large increase in gun sales. It was only in the wake of the lawlessness shown in LA in 1992 that folks realized their vulnerability; it took wide-scale destruction and terror to move folks to consider self-defense.

Now place roadblock after roadblock: Proficiency testing; written tests; letters of recommendation; classes to attend. All time-consuming, inconvenient, and expensive as well. All for what? A slip of paper granting permission from the government to participate in an activity that the government has already been told it cannot abridge...

One need look no further than the state of MA and the draconian measures it passed 10 years ago to see the chilling effect on gun ownership:
85% Decrease in licensed gun owners
=
67% INCREASE in homicide related firearm deaths since 1998.
236% INCREASE in assault related firearm hospital discharges since 1998.
331% INCREASE in firearm assault related emergency room visits since 1999.
590% INCREASE in firearm assault outpatient observations since 2001.

(courtesy of GOAL - Gun Owner's Action League). A quote comes to mind:

The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. — Ayn Rand

Make it so hard that very few bother; then crack down on the very few...

On its face, the idea of requiring a permit to carry a concealed weapon looks reasonable. Place simple, basic requirements to pass before the permit is issued, then grant once all requirements are met. What could be simpler? Well, as states like CA, MA, NJ, MD, etc. have shown, those "simple" requirements become not-so-simple over time as the desire to control grows. Even in "shall issue" states, onerous regulations such as requiring a license to purchase a handgun have wormed their way into the laws of the land.

How anyone can claim that this process is reasonable defies basic logic and reason. Simply put, we are either free or we are not. If we cannot be trusted with firearms, then we should not be trusted with kitchen knives, chainsaws, or toasters. All a firearm does, quite simply, is make the killing of another from a distance a little easier. Within contact distance, a knife is easily as deadly; clubs can be improvised from nearly limitless objects; one's own hands can kill through blunt trauma or suffocation.

Blaming the inanimate chunk of metal for a crime (gun crime. What a simply moronic term) removes blame from the person responsible. It makes it less likely we'll focus on the true problems behind interpersonal violence, hence perpetuating the cycle. Isn't it time we looked beyond the tool used, and focused on the mindset of the person misusing the tool? Can anyone give an honest, fact-based reason to believe that a simple slip of paper will prevent the tool from being misused?

I don't think so. Vermont and Alaska do not require these slips of paper, and yet these states are not awash in bloodshed and mayhem. In NH (and certainly other states), the process is so simple and inexpensive (fill in a single sheet of paper, pay $10 and wait a week) that they might as well not even bother. Yet my neighbor to the north enjoys a crime rate an order of magnitude lower than MA, which requires a permit to own any firearm and an act of G-d to get a permit to carry.

It's not about the gun. It's about the control. And the sooner we realize that, and start pushing back against the gun-grabbers and nanny-staters who would gladly assume said control, the better.

That is all.

17 comments:

Joe Allen said...

In your paragraph about states that require a license to purchase a handgun, you have a link to the Franklin Co. Sherrif's site - the link being to the FAQs, and is 404 BTW.

I'm proud to say that we got rid of that particular Jim Crow law last year - Missouri citizens (and notice I say citizens, not subjects) over the age of 21 may freely purchase concealable firearms (subject to Federal NICS check of course) and carry them however they like in their home, on their property, at their place of business and in their car.

A permit is required for concealed carry in public, and open carry is subject to local ordinance.

But, we no longer have to have a "Permit to Acquire" (originally intended to keep guns out of the hands of the "wrong people" - i.e. melanin enhanced individuals) issued by the local sheriff for every handgun.

Joe

Mike W. said...

Not to mention how inherently discriminatory the permitting process is. How many poor people have the time and money to go through a permitting process like this?

Here in Delaware the entire CCDW process ends up costing roughly $400 and takes about two months.

Required training is ~$250 at least, $72 to publish intent to apply for the license in your local paper, $20 for ammo, $85 for photos & background check, and $34.50 to file the application.

And with all that it's still May issue. Sure you can do the training course after you get approved by the state, but if you're not approved you've just pissed ~$200 down the drain.

Jay G said...

joe,

Thanks for the update - that is good news indeed!

mike,

MA is the same way, only it can cost significantly more than $400 depending on where you live. Bruce (No Looking Backwards) put his experience in getting a permit in Boston as costing somewhere around $900 - $1,000 IIRC.

And his was a "neutered" license - he could own, but not carry.

Which, really, when you think about it, is pretty fucking moronic. It's saying, basically, that the state trusts you enough to own the gun, but not carry it.

Of course, they trust that you will actually, y'know, obey the law and not carry it...

Yossarian would be proud...

Anonymous said...

Jay,

You just made my day with the Catch-22 reference. The spirit of Joseph Heller shines on you today.

Anonymous said...

Jay, you are spot on. Your logic is perfect and much of the country is going that way.

Personally, I am okay with a $10-20 permit if it makes anything easier (like bypassing the old 5-day wait under Brady). The proposed $250/yr for a MA NR [and limit me to 15 year old magazines] is just plain stupid. Someone told me that Heller spawned an appeal in NYC based on the denial of a right by the high cost (poll tax) and that could bode well for those with crazyhigh LTC costs.

But I must say that you are going to get realllllly lonely waiting for the votes needed to change a darned thing in MA. I don't know what is in the water, but you guys have been walked halfway down the plank.

Deep down, do you think there is a prayer for change for the better? I was disapointed with how little GOAL fought in 98 - and in those 10 years, the MA gun owners haven't been able to mount anything resembling a challenge. The people spoke, and things have settled. Sure the results are fewer gun owners. Nobody has a problem with that - aside from the gun owners, of course.

I fled MA almost 11 years ago. Life, and perspectives, are so different outside of the kingdom of the beautiful people.

My only real question - do I need a MA NR 'green card' to come visit?

Unknown said...

I am okay with Concealed Carry permits. However, I believe Open-Carry should be allowable everywhere.

There is a gentile aspect about open-carry. You are not hiding anything and more so, you are helping to keep your environment safe. Concealed carry, can be questionable in that it was common practice of thieves and brigands. I do not see concealed carry permits as a violation of the right to bear arms if open-carry is both legal and acceptable. That said, while it is legal in some states, it is treated as unacceptable in most. If you open-carry, the odds are pretty high that you'll get harassed.

I would accept a much more stringent concealed carry permit system that was only for those who really needed concealed carry if it was totally permissible and acceptable within society to walk around with a sidearm on.

Joe Allen said...

Re Open Carry: even though many states have no law against it, few have any sort of preemption so that many cities and counties can regulate against it creating an incomprehensible morass of regulation.

I'd like to see open carry legal countrywide with no restriction and a simple state issued shall issue permit system for concealed carry. Along with a full faith and credit clause forcing nationwide reciprocity.

Here in Jackson County - where Kansas City is located - the Permit to Acquire system made a handgun purchase go like this:

1. Find gun you want to buy. Dealer or individual, it didn't make a difference.(you used to have to pay in advance and bring in the serial number)
2. Take half a day off work to drive ~60 miles round trip to the only sheriff's office processing applications.
3. Fill out application with such illegal questions as SSN and race.
4. Wait 5 business days.
5. Take half day off work, drive 60 miles round trip to sheriff's office. Provide $10. Cash. Exact change. (I once stood in line behind 4 people paying with tens and fives and they refused to break my twenty. The others in line [gun folks are the best] scounged up enough to break it for me. I paid in ones.)
6. Go back to gunstore/individual pay for and pick up gun.

I once figured that on a cheap gun like a Hipoint - something an economically disadvantaged person would be likely to buy for defense; the tax, license fee, wages lost and gas could add up to almost as much as the gun itself.

Nah, that wasn't discriminatory. Not at all.

Only from the state where it was technically legal to kill Mormons up until the mid '70s.

Joe

Weer'd Beard said...

Cost me a move to a non-restrictive town (for those following at home, Mass permit restrictions are applied by the Cheif of Police. Some are really nice guys....others have no respect for individual rights) and it cost me an early renewal.

So my process took several months (they overall didn't keep me waiting) lots of visits to the police station, $75 in training (The Mrs. took a longer $150 course) and $200 for aplying once and getting a neutered permit, and a 2nd time to get the restriction removed.

Worth it...but we should never have to put a price tag on a right.

also for those following at home, I just had to recite my name and address to get my ballot. No ID required...that would be like a "Poll Tax" according to the hypocrites here.

Mike W. said...

I'd like to see Vermont carry laws in all 50 states, but that'll never happen.

Joe, I'd be ecstatic if we could get what you said below. The word "Bear" has been systematically read out of the 2nd Amendment.

"I'd like to see open carry legal countrywide with no restriction and a simple state issued shall issue permit system for concealed carry. Along with a full faith and credit clause forcing nationwide reciprocity."

Hunter said...

One of the changes to the AK carry permit was the deletion of the NICS Exempt line.
Too many Alaskans live out in the bush, with a great deal of the state being off of the road system. Therefore, no street address, just a PO box. You must carry another official form of ID that has a street address, like...a voter registration card, with no photo.
I took the course (and helped teach it at the same time)to get my AK permit before the law changed to anyone who may legally own a handgun may carry concealed, no permit required.
Hunter
ALASKA

SpeakerTweaker said...

BRA-FUCKING-VO, JAYG!!!

Nicely done, sir.



tweaker

Anonymous said...

You are pontificating to the robed singers my friend.

Larry said...

This is what really tickles me about NC's pistol purchase permit.
If you already have the gun and move into state, you don't need a purchase permit, nor do you need to register any weapons (unless you're dumb enough to live in Durham).
So, if you move in from out of state, since you don't have to register the firearms you have, there's no way for the state to know what you have bought from out-of-state from a private individual and brought in without their knowledge.
If, for instance, I buy a pistol from someone in Virginia, it is unlikely they would know about the purchase permit requirement since VA doesn't have one.
Bottom line, it requires the buyer to be completely honest in their dealings. So, it's another law that keeps the honest people honest.

Larry said...

And it goes without saying, of course, that I am very honest. Really. In fact, I don't even own any handguns. Really.
It's not about what you know, it's about what you can prove.

The Farmer said...

Jay (and others),

One of the keys to getting things changed is through the state organizations and the NRA. Even as your neighbor to the north became more over run with limousine refugees from the south, GONH worked to get the concealed carry licenses improved. We didn't always have the standardized application or a shall issue law. Those are fairly recent (past 10 years or so). The CCL was once a two year license and had more local discretion. When I lived in the people's republic of Amherst, NH I was fingerprinted and mugshotted for my CCL.

Things have changed for the better but it was gradual and took a lot of work. Ironically, our previous gun grabbing congress critter DickSwett was the catalyst that brought out the gunnie vote and packed the legislative hearings which brought about the changes in the past few years.

Unfortunately, I think Mass is lost and Maine is on the same path. GONH and it's Vermont equivalent still need to stay on top of the nimrod's in the legislature because every year some piece of BS gets on the docket. A shout out to Bruce for doing a great job rallying the troops here in NH is in order. Keep fighting the good fight as futile as it seems, your vigilance helps us outsiders and GOAL stay on top of the freak show on Beacon Hill and slows the slide towards total disarmament.

-SR

Anonymous said...

Well made points but here in TEXAS, USA we get them because it saves the phone check delay at the counter at the gun shop if you aren't an FFL. Hell, if you're an FFL it's more paperwork to buy a gun from another dealer than it is for a private non FFL holder...

We got them for purely pragmatic reasons having to do with red-tape.

Everybody I know that carries, carried illegally at times, if not all the time, before TEXAS CHL passed to statue law.

ArcticElf said...

There is one good thing about a CHL or LTC: you can hand it to a cop, and hopefully that will make him less twitchy about the fact that you have a gun.

Maybe, unless he's a total prick. (Not to bash all cops, but there are some real assholes working for Worcester and Boston).

Otherwise: Preach it brother.

Also: look for my 'open carry files' to start up soon over at my place.

AE (Note how I managed to pimp my own blog, and remain on topic:)