BBS/iacplet
From KB42
BBS/iacplet
| File Name: | iacplet.dos |
|---|---|
| Author: | Unknown |
| Date: | Unknown |
| Posting BBS: | Unknown |
| Key Words: | Politics |
This is a internal International Association of Chiefs of
Police (IACP) document that was obtained by NRA. It discusses
in detail IACP plans to weaken or eliminate right-to-carry
legislation in state legislatures.
The outline and layout of the original letter has been reproduced
in this electronic copy. It reflects as closely as possible the
arrangement of the original documents.
-------------------------------------------------------------
INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE
* 515 North Washington Street * Alexandria, VA 22314-2357 *
(703) 836-6767 * 1-800-THE IACP * FAX: (703) 836-4543
EXECUTIVE DIRECTOR DEPUTY EXECUTIVE DIRECTOR
DANIEL N. ROSENBLATT EUGENE R. CROMARTIE
=========================(IACP)===============================
_MEMORANDUM_
To: Executive Committee
S&P Representatives
SACOP Representatives
From: Dan Rosenblatt, Executive Director
Date: September 21, 1995
Re: Concealed Carry Weapon (CCW) Legislation at the
State Level
At our last Executive Committee meeting in Oklahoma City,
staff was directed to prepare a simple position paper and
strategy guide for members in states contemplating CCW
legislation. Attached please find such a report. This draft
document has been forwarded to President Whetsel, Chief
Polisar and IACP Firearms Committee Chairman Chief Clarence
Harmon for their review. All have given their approval and
recommend that it be shared. If you have any initial comments
on what else you would like included in the document, this
would be a good time to bring them up.
--------------------------------------------------------------
International Association of Chiefs of Police
Concealed Carry Weapon (CCW) Position Paper
_Status_
Over the past several years the National Rifle Association
(NRA) has actively "coordinated" efforts at the state level to
have legislation passed that would allow citizens to carry
concealed weapons in states where such activity previously had
been prohibited or left to the discretion of law enforcement
officials to issue concealed carry permits to persons able to
demonstrate a specific need. Coupled with the results of the
1994 election and the public's apparent concern with what is
discerned to be increasingly random violent crime, their
successes have been significant as shown by the following
table.
_Number of States With CCW_ _1993_ _1995_
Prohibition against CCW 12 8
Restrictive--may issue 18 14
Non-restrictive--shall issue 20 28
Of the eight states that currently prohibit CCW, six states
had legislation introduced in 1995 to permit it. Of the 14
states that permitted CCW at the discretion of law enforcement
or judicial officers, six states had legislation introduced in
1995 to liberalize their laws by removing discretion. As of
this writing, four of these bills are still pending in state
legislatures and will be until December, unless defeated
sooner.
We can anticipate that similar legislation will again be
introduced in 1996 in the states where CCW is either
prohibited or restricted (see Attachment I). Chiefs in these
states have expressed concern for the safety of their citizens
and officers, and asked how other states have handled these
legislative challenges. What follows is such an analysis.
_The Arguments_
Proponents of the CCW laws contend that criminals will be
hesitant to victimize individuals who might be carrying a
weapon. The fact, however, that the weapon is concealed would
seem to greatly reduce this deterrence value. Arguably, a
criminal might be more inclined to shoot first, anticipating a
victim might be armed. The facts are that there is no hard
data on what happens to the crime rate when citizens carry
concealed weapons. Studies have interpreted the same data
different ways. The state of Florida which first started the
liberalization of CCW laws in 1986 has produced studies that
both credits CCW laws for a 29 percent decrease in homicides,
while the same data has been interrupted (sic) as leading to
as much as a 74 percent increase in gun homicides, in one
city. Many other intervening factors ranging from
immigration, other gun control laws, to the weather may have
an effect on crime rates. Proponents of CCW laws indicated
that Florida law enforcement has not had difficulties because
of its CCW law. The Commissioner of the Florida Department of
Law Enforcement and IACP Executive Committee member Tim Moore
would be in a position to comment on that but he can also
attest to the fact that the Florida CCW law requires
fingerprinting, vigorous background checks and firearms
training. If faced with a CCW legislative proposal, check the
proposed bill to see that it has at least the same safeguards
as the Florida legislation before accepting that argument
(Attachment II).
While data on the rate of change in the crime rate may be hard
to interpret, public health officials have found that for
every time a gun kept in the home is used to kill someone in
self-defense, it is used 43 times to kill someone in a
criminal homicide, suicide, or unintentional shooting. We
believe that this same statistic will apply for guns carried
outside the home under CCW laws.
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_What To Do About Proposed Legislation_
If you are in one of the listed states, you can anticipate a
bill. Here are some suggested strategies:
_Before Introduction_
1. Poll your state association of chiefs of police to
determine the level of support for opposing either
enacting new or liberalizing existing CCW laws.
2. Attempt to establish a coalition of groups who might
share your views to increase public awareness and
concern. They might include other law enforcement
groups--prosecutors, medical groups, MADD members,
violence prevention groups such as churches and gun
control advocates.
3. Let the media know of your concerns through op-ed pieces
in the newspaper and/or interviews on radio or
television. Encourage the media to poll their readers
and listeners.
_After Introduction_
1. Check the bill carefully to see what it contains and what
it omits. How liberal is this _particular bill?_
2. Contact the author of the bill with recommendations on
tightening it up through amendments.
3. Contact state Representatives and Senators to voice your
opposition and see how strong support is for the bill by
asking if they support it. Have a chief who lives in the
district represented by the legislature to make the
contact if possible. Keep track of how the vote count
stands and make sure your coalition members make the same
types of contact.
_If You Have Votes to Defeat_
Keep up an active media campaign until a final vote on the
measure; do not let it just slip through--because it could
_very_ easily.
_If You Don't the Votes to Defeat_ (sic)
Try to tighten the bill by having a friendly legislator
include any of the suggestions contained in Attachment III,
_Conclusion_
These are tough legislative battles requiring dedication,
coordination, and effort. The opposition is well-organized
and financed. By in large the general population is troubled
by the thought of more weapons being on the streets, and what
that does for their safety. In states that have passed CCW
laws recently, the press coverage in the initial few days has
shown long lines of citizens applying for permits, implying a
great deal of interest in carrying concealed weapons. But in
actuality, those lines quickly disappear as the initial wave
of applicants are processed. It would be interesting to see
if a campaign could be mounted to have one or two of these
liberalized CCW laws repealed based on a lack of interest by
the citizens.
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ATTACHMENT ONE
STATES PROHIBITING CCW
NAME CONTACT PHONE NUMBER
* Illionis (sic)
* Kansas
Kentucky
* Missouri
Nebraska
* New Mexico
# Ohio
# Wisconsin
STATES WITH RESTRICTIVE
OR DISCRETIONARY CCW
NAME CONTACT PHONE NUMBER
* California
* Colorado
Delaware
Hawaii
Indiana
Iowa
* Louisiana
Maryland
# Massachusetts
# Michigan
Minnesota
New Jersey
New York
* South Carolina
* Indicates the states that had CCW legislation introduced
during 1995 and were sucessful (sic) in defeating.
# Indicates the states that had CCW legislation introduced
during 1995 and where the legislature remains in session
without having killed or passed the legislation.
As of 8/16/95
--------------------------------------------------------------
(What follows in the original is a photocopy of Chapters
790.01 to 790.06 of the Florida state laws. This section
deals with carrying concealed weapons. It has not been
reproduced here.)
--------------------------------------------------------------
ATTACHMENT III
Following is a list of issues that you may want addressed by
your legislative members when they are considering any CCW
proposal:
1. Requirement that all applicants be subject to finger
printing and finger print background checks.
2. Requirement that all applicants be subject to criminal
history, drug/alcohol addiction and mental health
background checks. Prohibit those with criminal,
drug/alcohol addiction and/or mental illness history
(both voluntary and involuntary commitment to mental
facility) from acquiring CCW permit. This check should
cross-reference with other states and federal law
enforcement agencies to include FBI, DEA, Secret Service,
Park Service, INS and Border Patrol, as well as Interpol,
to cast the widest net possible.
3. Requirement that all applicants have a certain number of
hours of firearms training instruction administered by
either a state or local law enforcement approved
(certified) instructor. Most states' law enforcement
communities have pushed for 10 or more hours per year.
4. Requirement that applicants pay for any cost associated
with processing of applications. Most states have also
pushed for yearly to bi-annual re-application. As part
of the process, applicant should be subject to an eye
test and weapons performance demonstration at a certified
shooting range yearly.
5. Establishment of stiffer penalties for those who carry
concealed without an active permit. For instance, moving
such criminal violation from a misdemeanor to a felony.
6. Establish a CCW permit sticker, to be placed on state
drivers license with photo, and vehicle license check, to
notify police that person might have possession of a
weapon, in course of routine traffic stops.
7. Establish CCW permit information entry on 911 database,
so that police responding to a residence or business for
possible domestic disturbance may be aware of gun
ownership and CCW permit holders located at that
location.
--------------------------------------------------------------
8. Establish a procedure for swift revocation for cause for
criminal conduct such as stalking, domestic abuse, etc.
Allow for automatic suspension of permit if person is
subject of criminal investigation, with restoration
pending outcome of criminal case. Also, mandate
permanent suspension if person does not voluntarily turn
in permit to police; and police subsequently discover
that person is subject of criminal investigation or
convicted of a criminal violation in or out of state - or
another country.
9. Requirement that before any law is enacted which would
liberalize CCW, it must come up for a vote in public
referendum for those states which provide public
referendums. This is the last option, but we feel
confident that "shall issue" CCW proposals will fail in
this arena in most, if not all states.
10. Require that the law be subject to a sunset or
reauthorization provision in a limited number of years (3
to 5 years from enactment). Also, require that a study be
conducted to track the number of permits processed,
denied, approved, those with permits that commit crimes
with or without a weapon, costs associated with permit
process, effect on crime rate, and for other purposes.
11. Requirement that individual must be citizen of the state
for specified time (60 to 120 days) and a citizen of the
United States to acquire CCW permit, thereby prohibiting
out-of-state and foreign legal and/or illegal aliens from
acquiring CCW permits.
12. Requirement that the state will not honor CCW permits
from other states which do not meet or exceed _all_
provision of its CCW law.
13. Requiring written consent of those applying for CCW
permits to allow police to scan for gun detection in
future. Also, requiring training for permit holders on
how to conduct themselves at a crime incident/scene where
officers are present, so as not to have them "mistaken"
by police for criminal perpetrators with a weapon.
14. Require separate CCW permit application for each specific
weapon an individual wants to have authority to carry
concealed. Limit permit holder to one gun purchase per
month. Virginia passed such legislation separate from
CCW several years ago in an attempt to alter its
historical ranking as the number on state origin for
providing
--------------------------------------------------------------
neighboring U.S. northeast corridor states with guns used
in the commission of crime. The result was that
significantly less guns from Virginia now find their way
into neighboring states or are connected with crimes in
other states.
15. Prohibit CCW permits from allowance to carry at bars,
sporting events, concerts, festivals, fairs, restaurants,
colleges and schools, _any_ governmental building/land or
any site where alcoholic beverages are served. Also,
allowance for private businesses, property owners and
residences to ban gun possession on property by posting
and notification.
16. Require that list of citizens with CCW permits not be
open to public - restricted to law enforcement access
_only_ - as at least one unethical entrepreneur has
solicited CCW permit holders in Florida to buy police
look-a-like "badges" to accompany their concealed weapon.
17. Require verification of purchase of gun liability
insurance at a set amount ($75,000.00 to $150,000.00) for
gun purchasers and CCW permit applications before
allowing issuance of gun purchase and/or permit to that
individual.
18. Allow for residents of any political subdivision,
township, municipality, incorporated city or other
locality to vote for greater restriction or prohibition
than state law requires on the issuance of CCW permits
within that area of jurisdiction. This provision is
bolstered by the University of Maryland study -
commissioned by the Center for Disease Control and
Prevention (CDC) which suggested that liberalized CCW
laws tend to contribute to increased crime rates -
particularly in urban areas.
19. Require a local police involvement in the permit process,
either as the place to conduct the permit application
process, or require a consultation with the local law
enforcement agency if a state law enforcement agency
implements the CCW permit application process. They may
know the individual personally and have direct input as
to that person's character and past conduct.
(end)
=+=+=+=+
This information is provided as a service of the National Rifle
Association Institute for Legislative Action, Fairfax, VA.
This and other information on the Second Amendment and the NRA is
available at any of the following URL's: http://WWW.NRA.Org,
gopher://GOPHER.NRA.Org, wais://WAIS.NRA.Org, ftp://FTP.NRA.Org,
mailto:LISTPROC@NRA.Org (Send the word help as the body of a message)
Information may also be obtained by connecting directly to the
NRA-ILA GUN-TALK Bulletin Board System at (703) 934-2121.
{PB
tion may also be obtained by connecting directly to the NRA-ILA GUN-TALK Bulletin Board System at (703) 934-2121. {PB
