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07.22.09 THUNE AMENDMENT FAILS. MIGHT NOT BE SUCH A BAD THING.

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.

The amendment lost by only two votes.

(The text of the amendment is copied below.)

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

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TEXT OF THUNE AMENDMENT:

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.