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.