NCSL LegisBrief
Briefing Papers On the Important Issues of the Day
Concealed Weapons
By Kelly Anders
February 2000
Volume 8, Number 8
Concealed weapon permit laws are a topic of widespread debate in state legislatures. Nearly 200 bills were introduced in 32 states in 1999, including Arkansas, California, Colorado, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Washington and West Virginia.
Permits to carry concealed weapons have caused heated discussions. Some legislators and other "concealed carry" proponents contend that extending permits to private citizens is merely an extension of their Second Amendment right to bear arms. Opponents have expressed concern that an increase in the number of citizens carrying guns may lead to more firearm injuries.
Those who support concealed carry laws say that most permit holders are law-abiding citizens who are using their weapons responsibly. Furthermore, they contend that concealed weapon permit holders should not be associated with the violent behavior of people who have committed recent shootings around the country. Gun control advocates counter that an increase in permit holders leads to an increase in available firearms that can get into the wrong hands.
State Actions
Citizens who hold a valid permit have few limits on where they may carry a weapon. But some states prohibit permit holders from bringing weapons to establishments that serve alcohol. Others do not allow weapons in churches, schools, sporting events, federal and state government buildings, and correctional facilities. In addition to state restrictions, federal law prohibits carrying concealed weapons on military bases and in national parks. Eleven states-Alabama, Colorado, Florida, Louisiana, Maryland, Michigan, Minnesota, Oregon, Rhode Island, Utah and Washington-allow permit holders to carry a weapon on school grounds.
Generally, concealed carry laws fall into two categories: discretionary and nondiscretionary. In a discretionary or "may issue" system, permits are restricted in some way. This means that an applicant for a permit must demonstrate a need to carry a weapon, such as a documented personal threat, or the law allows local law enforcement personnel to decide who receives a permit. Discretionary states include California, Colorado, Connecticut, Delaware, Hawaii, Iowa, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Rhode Island and the District of Columbia.
In a nondiscretionary or "shall issue" system, applicants are not required to demonstrate a need for the permit to carry a concealed weapon. If an applicant meets the established criteria, which typically involves training, the official is required to issue a permit. Nondiscretionary states include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Maine, Mississippi, Montana, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and Wyoming. Vermont is the only state that does not require a permit to carry a concealed weapon.
Seven states prohibit private citizens from carrying concealed weapons: Illinois, Kansas, Missouri, Nebraska, New Mexico, Ohio and Wisconsin.
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Contacts for More Information
Rita Thaemert
NCSL-Denver
(303) 364-7700
kelly.anders@ncsl.org
National Rifle Association
(800) 392-8683
www.nra.org
Violence Policy Center
(202) 822-8200
www.vpc.org
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