07.22.09
Concealed Carry Amendment Fails. Might Not Be The Worst Thing For
Gun Owners.
An amendment to a defense bill that would have allowed concealed
handgun license holders to carry in any state that allowed concealed
carry was narrowly defeated in the US Senate today.
Senator John Thune of South Dakota submitted an amendment to
a defense bill that would have required any state that issued
a concealed handgun license to recognize the CHL's of other
states.
As written, it was not a bad amendment and many gun owners are
disappointed that it failed. But there are a few things to keep
in mind. First, it received
votes from Senators who are historically anti-gun. Second,
it came very close to passing in a legislature dominated by
anti-gunners. (Of course, both Oregon Senators voted against
it, but that is no surprise.)
But there are other considerations.
As you know, OFF worked hard to get Oregon to recognize other
state's permits this past session. We do not believe that an
American should have to ask permission to exercise a right,
but as long as the permit system is alive (against our wishes)
we will work to allow your license to be valid in other states,
and other states' permits to be valid here.
Still, we are not sure that this proposed amendment was the
best way to go about this.
Most gun owners wonder why a driver's license is good anywhere
in the country but a CHL is not.
That's a good question. But keep in mind, driver's licenses
were always the domain of the states. Now, the FEDs have moved
in to use them as a backdoor national id card.
If the states do not comply with Federal mandates on driver's
licenses. they will not be acceptable ID for boarding planes
or entering Federal buildings. The long and belligerent arm
of the Federal Government has stepped in on driver's licenses.
What happens when they do the same on CHL's?
While it is unknown at this point, it is certainly a cause for
concern. So while the narrow defeat of this amendment is not
a "win" for gun owners, it may not be the worst thing
that can happen to us.
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Looking for something to do on your weekends?
Why not come out to some local gun shows and meet the hardworking
volunteers who man the OFF table?
You can stop by at the following shows:
July 24-25-26
PORTLAND, OR
Expo Center – I-5 Exit #306B
OREGON'S LARGEST 3 DAY SHOW!
Fri 12-7, Sat 9-6, Sun 9-4
Adm: $9 3 day pass $21, 2 day $14
There will be a Utah
permit class there:
Carry in 29 states. Utah Concealed Carry Class is available
this weekend at the Expo Gun show (upstairs) on Saturday between
1:30 and 6:30pm. Please pre-register by calling
Beavercreek Armory @ 503-629-9310
Aug. 1-2
PENDLETON, OR
Pendleton Conv. Ctr
1601 Westgate I-84 to Exit #207
Sat. 9-5, Sun. 9-3 - Adm: $6
AUGUST 15-16
Portland, OR
Kliever Armory (Near Marine Drive on 33rd)
10000 NE 33rd Drive. Portland, OR
Hours: Sat. 9 am -5 pm, Sun. 9 am -3 pm
SA 1618. Mr. THUNE
(for himself, Mr. Vitter, Mr. Enzi, Mr. Barrasso, and Mr. Coburn)
proposed an amendment to the bill S. 1390, to authorize appropriations
for fiscal year 2010 for military activities of the Department
of Defense, for military construction, and for defense activities
of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1083. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED
FIREARMS.
(a) Findings.--Congress finds the following:
(1) The second amendment to the Constitution of the United States
protects the right of an individual to keep and bear arms, including
for purposes of individual self-defense.
(2) The right to bear arms includes the right to carry arms
for self-defense and the defense of others.
(3) Congress has previously enacted legislation for national
authorization of the carrying of concealed firearms by qualified
active and retired law enforcement officers.
(4) Forty-eight States provide by statute for the issuance of
permits to carry concealed firearms to individuals, or allow
the carrying of concealed firearms for lawful purposes without
need for a permit.
(5) The overwhelming majority of individuals who exercise the
right to carry firearms in their own States and other States
have proven to be law-abiding, and such carrying has been demonstrated
to provide crime prevention or crime resistance benefits for
the licensees and for others.
(6) Congress finds that the prevention of lawful carrying by
individuals who are traveling outside their home State interferes
with the constitutional right of interstate travel, and harms
interstate commerce.
(7) Among the purposes of this Act is the protection of the
rights, privileges, and immunities guaranteed to a citizen of
the United States by the fourteenth amendment to the Constitution
of the United States.
(8) Congress therefore should provide for the interstate carrying
of firearms by such individuals in all States that do not prohibit
the carrying of concealed firearms by their own residents.
(b) In General.--Chapter 44 of title 18, United States Code,
is amended by inserting after section 926C the following:``§926D.
Reciprocity for the carrying of certain concealed firearms
``(a) Notwithstanding any provision of the law of any State
or political subdivision thereof--
``(1) a person who is not prohibited by Federal law from possessing,
transporting, shipping, or receiving a firearm, and who is carrying
a government-issued photographic identification document and
a valid license or permit which is issued pursuant to the law
of a State and which permits the person to carry a concealed
firearm, may carry a concealed firearm in any State other than
the State of residence of the person that--
``(A) has a statute that allows residents of the State to obtain
licenses or permits to carry concealed firearms; or
``(B) does not prohibit the carrying of concealed firearms by
residents of the State for lawful purposes;
``(2) a person who is not prohibited by Federal law from possessing,
transporting, shipping, or receiving a firearm, and who is carrying
a government-issued photographic identification document and
is entitled to carry a concealed firearm in the State in which
the person resides otherwise than as described in paragraph
(1), may carry a concealed firearm in any State other than the
State of residence of the person that--
``(A) has a statute that allows residents of the State to obtain
licenses or permits to carry concealed firearms; or
``(B) does not prohibit the carrying of concealed firearms by
residents of the State for lawful purposes.
``(b) A person carrying a concealed firearm under this section
shall--
``(1) in a State that does not prohibit the carrying of a concealed
firearms by residents of the State for lawful purposes, be entitled
to carry such firearm subject to the same laws and conditions
that govern the specific places and manner in which a firearm
may be carried by a resident of the State; or
``(2) in a State that allows residents of the State to obtain
licenses or permits to carry concealed firearms, be entitled
to carry such a firearm subject to the same laws and conditions
that govern specific places and manner in which a firearm may
be carried by a person issued a permit by the State in which
the firearm is carried.
``(c) In a State that allows the issuing authority for licenses
or permits to carry concealed firearms to impose restrictions
on the carrying of firearms by individual holders of such licenses
or permits, a firearm shall be carried according to the same
terms authorized by an unrestricted license of or permit issued
to a resident of the State.
``(d) Nothing in this section shall be construed to--
``(1) effect the permitting process for an individual in the
State of residence of the individual; or
``(2) preempt any provision of State law with respect to the
issuance of licenses or permits to carry concealed firearms.''.
(c) Clerical Amendment.--The table of sections for chapter 44
of title 18 is amended by inserting after the item relating
to section 926C the following:
``926D. Reciprocity for the carrying of certain concealed firearms.''.
(d) Severability.--Notwithstanding any other provision of this
Act, if any provision of this section, or any amendment made
by this section, or the application of such provision or amendment
to any person or circumstance is held to be unconstitutional,
this section and amendments made by this section and the application
of such provision or amendment to other persons or circumstances
shall not be affected thereby.
(e) Effective Date.--The amendments made by this section shall
take effect 90 days after the date of enactment of this Act.
07.22.09
