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Federalized concealed carry reciprocity.
A Right to Keep and Bear Arms Trojan Horse
by Andy Barniskis
There are presently in congress several pending bills that would
require all states to honor concealed carry permits issued in
any state of the union.
At first glance it would seem that passage of such legislation
would be a major triumph, expanding our right to keep and bear
arms nationally. However, the stakes are high and the consequences
of involving the federal government in carry permit matters
will prove counter — even detrimental — to both
our gun rights and states rights.
Proponents of these bills maintain that the issue is simple;
carry permits should be treated no differently from state drivers
licenses or marriage licenses under the “full faith and
credit” provision of Article IV, Section 1 of the U.S.
Constitution.
The first sentence of that section reads, “Full Faith
and Credit shall be given in each State to the public Acts,
Records, and judicial Proceedings of every other State.”
That sounds all good. But, the second sentence reads, “And
the Congress may by general Laws prescribe the Manner in which
such Acts, Records and Proceedings shall be proved, and the
Effect thereof.” In other words, the federal government
may butt in to dictate the proceedings of the states!
What will surely happen, if the federal government dictates
that states must accept concealed carry permits from other states,
is that anti-gun states will raise a cry that “reasonable
minimum standards” should be applied to the issuance of
carry permits. The result? Take my home state of Pennsylvania,
for example, which is arguably one of the less restrictive “shall
issue” concealed carry states. Currently, all I need to
do to obtain a permit to carry is apply, have a clean record,
and pay $19 for a five-year permit, which must be issued to
me in less than 45 days.
Will states that don’t allow their own citizens to carry
firearms at all regard that as a reasonable minimum standard?
Don’t bet your freedom on it — but do expect congress
in the very near future — if not immediately — to
impose fingerprinting, mug shots, mandatory training, and high
administrative costs. And, once the principle of federally-dictated
standards for concealed carry is established, increasingly restrictive
standards could become a backdoor way for carry permits to be
de facto prohibited by federal regulation, without congressional
action.
Those who argue that the application of full national faith
and credit to drivers licenses is a good analogy for what they
seek for carry permits, may be raising a better example than
they realize.
Here in Pennsylvania, over the years we have had photo drivers
licenses, auto emissions inspections, and “motor voter”
registration forced upon us by the federal government, all over
the futile resistance of our state legislature.
In the case of emission inspections, not only were emission
standards dictated, but also the levels of fines for non-compliance.
The experience of many other states has been similar,so why
would anyone not expect federal involvement in carry permits
to result in federal micro-management of issuing standards?
Firearms permit-to-carry reciprocity in neighboring states is
desirable, but will never be worth trading away our fundamental
rights to obtain, nor placing our fundamental rights at risk.
In fact, what advocates of federalized concealed carry reciprocity
seek, benefits only a minority of a minority — those who
have a carry permit at home, and also wish to carry in another
state.
But, if obtaining reciprocity results in increased restrictions
in our home state, that affects every single citizen, every
single gun owner. We will be better off continuing to fight
for reciprocity at home, on a state-by-state basis, never forgetting
that licensing a right converts that right to a privilege.
Ultimately, we should not lose sight of our ideal: that armed
self defense is a genuine constitutional right, and inalienable
rights should not be subject to the prior constraint of licensing.
Mr. Barniskis presently chairs the legislative committee
of the Bucks County(PA) Sportsmen’s Coalition. He also
is Legislative Chairman for Falls Township Rifle and Pistol
Association, and is a past president (1981 – 1986) of
the Cast Bullet Association, Inc., a national organization that
specializes in the technology of accurate long range shooting
using homemade bullets cast from lead alloys. He has held national
records set in Cast Bullet Association registered competitions.
In 1995, he was the plaintiff in a suit successfully challenging
the authority of the Bucks County Sheriff to introduce new requirements
to the process of applying for a permit to carry a concealed
firearm. |
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Copyright
© 2000 - 2008, Oregon Firearms Federation. All Rights Reserved.
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