March
12, 2005--Republican Representative John Hostettler of Indiana
has introduced a bill that would give those who are legally able
to carry concealed weapons in their home states the right to carry
in all other states.
Hostettler's bill--the Secure Access to
Firearms Enhancement (SAFE) Act of 2005--would require all states
to recognize the concealed weapons permits of other states, just
as all states recognize drivers licenses and marriage licenses
issued by other states.
The SAFE Act differs from previous bills
designed to establish national reciprocity in that it would allow
citizens from two states that do not require permits for carrying
concealed weapons--Vermont and Alaska--to carry in other states
without having a permit.
Vermont has never issued permits for carrying
concealed weapons; the practice of carrying a weapon openly or
concealed has been legal since the state was founded in 1791.
Alaska has had a "shall-issue"
concealed carry law for many years. (Shall-issue means that if
an applicant for a permit satisfies the training and background
check requirements set forth by state law, then the permit issuing
authority in the state must issue a permit to that individual.
Eight states have what is commonly referred to as "discretionary
issue" or "may-issue" laws, where the issuance
of a permit is at the discretion of the sheriff or chief of police).
Last year, however, a bill authored by
a Alaskan Democrat state legislator that removed the permit requirement
passed overwhelmingly and was signed by the governor. Alaska then
became the second state to require no permit to carry a concealed
weapon.
Alaska still issues permits for citizens
who want them, though, in order to satisfy reciprocity agreements
with other states. Representative Hostettler's bill would eliminate
the need for Alaskans to get permits in order to carry in other
states.
Currently, issuing states negotiate reciprocity
with each other, which has resulted in a very confusing situation
for permit holders.
For example, some states such as Nevada
do not recognize the permits of any other states. Idaho and Indiana,
on the other hand, recognize the permits of all issuing states.
In the middle are states that recognize permits from a handful
of others, or states such as Florida that recognize the permits
of over two dozen other states.
To add to the confusion, some states such
as Michigan do not recognize non-resident permits. Florida is
perhaps the leader in issuing permits to those persons who are
not residents of that state.
Representative Hostettler's bill would
put an end to this confusing patchwork of reciprocal agreements
by establishing a simple standard: if you have a valid permit
to carry, you can carry anywhere in the US. This would include
carrying in the four states that currently prohibit anyone other
than law enforcement officers from carrying concealed weapons:
Illinois, Wisconsin, Nebraska and Kansas.
Even within the gun community, there has
been some disagreement over whether the SAFE Act is constitutional,
with detractors pointing to the issue of states' rights.
Proponents of the SAFE Act, however, cite
the Full Faith and Credit Clause of the Constitution and the Fourteenth
Amendment as precendent for the constitutionality of Representative
Hostettler's bill. Others point to the Interstate Commerce Clause
of the Constitution--which until now has been cited as justification
for all federal gun control laws---as proof that the SAFE Act
is constitutional.
Other proponents point to the Second Amendment's
reference to the right to "bear arms" as ample evidence
of the consitutionality of Hostettler's bill.
Proponents and detractors of the bill,
however, are in agreement on one point: the SAFE Act faces a tough
battle in congress, especially with anti-gun legislators from
states such as California, Massachusetts, Maryland and others
already on record as opposing such a bill.
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