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* For training and instruction: National Rifle Association, http://www.nra.org
* For training and instruction: National Rifle Association, http://www.nra.org
* For defensive shooting training and competition: International Defensive Pistol Association, http://www.idpa.com
* For defensive shooting training and competition: International Defensive Pistol Association, http://www.idpa.com
* [http://ccwhen.com Ohio CCW Tool]
* [http://ohioccwforums.org Concealed Carry Forum in Ohio]
* [http://ohioccwforums.org Concealed Carry Forum in Ohio]
* [http://www.oregonconcealedcarry.com Concealed Carry Forum in Oregon]
* [http://www.oregonconcealedcarry.com Concealed Carry Forum in Oregon]

Revision as of 07:06, 11 July 2006

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In the United States, carrying concealed weapon (CCW, also known as concealed carry) is the privilege to carry a handgun or other weapon in public in a concealed manner, either on the person (most common), or, additionally, in some states, in close proximity to a person, perhaps in one's car. In some states, it applies only to one pistol or revolver, while in other states a person may conceal one or more weapons, firearms or otherwise.

The current trend towards adopting concealed-carry privileges has not been without opposition. Currently, 48 U.S. states allow adults to carry concealed weapons provided they have no criminal record and meet training requirements where required. (About half of the states provide for some variant on non-concealed "open-carry." In some states, the same permit or license may be used to open-carry a handgun; a few states do not require a permit or license to carry openly and/or concealed; in other states, even with concealed-carry licenses or permits, open-carry is absolutely prohibited.)

State laws

In 39 concealed-carry states, issuing officials may not arbitrarily deny a concealed-carry application, a practice known as Florida-style "shall issue." Nine states have "may issue" laws requiring the applicant to demonstrate specific "need." In practice, this is often a mechanism to deny licensing.

These "may issue" states range from "shall issue" in practice (e.g. Alabama and Connecticut); to "at the whim of local officials" (e.g. New York, New Jersey, Massachusetts, and California, (where rural officials liberally issue permits, but urban officials seldom do); to "almost non-issue" in states such as Maryland (where even documented death threats have been insufficient to persuade officials to issue licenses); to "never-issue" Hawaii, (where licenses are never issued under any circumstances).

Two states, (Vermont and Alaska), allow a non-felon aged 16 or 21 respectively, to carry without a permit. Alaskan residents may optionally obtain a permit granting reciprocal carry rights in certain other states, or to be exempted from the NICS background check.

As of 2006, only two states—Wisconsin and Illinois—have no provision for legal concealed-carry of firearms. There are currently movements in each of these states to pass concealed-carry laws; legislation was passed in 2004 and again in 2005, but vetoed by the respective governors. The Kansas legislature overrode the governor's veto to enact a concealed-carry law on March 23rd, 2006.

Reciprocal recognition of concealed-carry privileges vary state-to-state, are negotiated between individual states, and sometimes additionally depend on the residency status of the licenseholder, even when holding a permit or license. Presently, a license or permit from most states, held by a resident of that state, is recognized in approximately 30 other states. In contrast, a license or permit from most states, held by a non-resident of that state, is recognized in slightly fewer than 30 other states at present. Attempts have been made in the United States House of Representatives to enact legislation to compel complete reciprocity for concealed-carry licenses (just as motor vehicle licenses enjoy complete reciprocity.) The United States Senate has introduced similar legislation.

A licensee residing in one state may be able to carry or transport a weapon to another provided there is a reciprocity agreement between the states. A licensee is considered to have constructive knowledge of the law as it applies (that is, courts will presume the licensee knows the law, whether the licensee has troubled himself to learn it or not).

Training

Recognizing the responsibility of concealed-carry, training courses devote considerable time to liability should the licensee use his handgun to defend himself. While state laws vary, generally use of deadly force must be a matter of last resort, when life or limb is endangered, when escape or retreat are foreclosed, and warnings are given but ignored.

Liability is present where the licensee brandishes the weapon, threatens use, exacerbates a volatile situation, or when the licensee is carrying while intoxicated. Weapons statutes and ordinances apply to licensees, though penalties may in certain cases be lessened from a felony to a misdemeanor for those carrying legally (such as encroaching unintentally within 1,000 feet of a school zone.)

Why carry?

There are a variety of motivations people have for seeking a license or permit to carry a concealed weapon (CCW). Historically, judges have granted concealed-carry privileges to officers of the court who could demonstrate need (including judges, attorneys bailiffs, and security guards). Threatened private individuals have also often been given permission to carry, e.g. "battered wives" and stalked celebrities. These historical grants rarely demanded firearms training.

More recently, with the growth of the concealed-carry movement, many more private individuals have sought to be armed in public. Some examples:

  • Individuals who routinely visit or reside in high-crime areas;
  • Families who camp and fish in remote areas (including bear or mountain lion (panther) country);
  • Women;
  • Individuals working in remote areas, or late at night;
  • Individuals who work at especially vulnerable businesses where firearms are kept for defensive purposes;
  • Individuals who must carry large sums of cash or other valuables (such as jewelery or gemstones) for work;
  • Individuals engaging in shooting sports who need to transport those weapons, while simultaneously meeting no-open-display state laws;
  • Individuals who live in multi-family residences, who must cross common areas for which no-open-display laws apply;
  • Individuals who wish to protect their persons, families, and property from a general threat of criminal activity;
  • Induviduals who wish to exercise their 2nd amendment rights to ensure that the right continues to be protected;
  • Individuals who wish to transport firearms in their automobiles legally, but who may unknowingly cross within prohibited distances of school zones under Federal laws

Statistics cited by pro-gun advocates

FBI Uniform Crime Report (1992) shows that 70% of violent crimes are committed by 7% of criminals, many of whom are on probation or are given parole and early-release. Of incarcerated felons surveyed by the Department of Justice, 34% have been driven away, wounded, or captured by armed Individuals; 40% state that they have decided against committing crimes for fear their would-be victims were armed.

The FBI's statistics in the 1992 Uniform Crime Report also concluded: "Violent crime rates are highest overall in states with laws limiting or prohibiting the carrying of concealed firearms for self-defense." [1] "The FBI's data also show that in 20 other states that issue CCW permits (including Arizona, Washington, Oregon, Tennessee, Wyoming, and others), these states have enjoyed a REDUCTION in crime as follows: 1) Violent crime rates are LOWER by 21%. 2) Homicide rates are LOWER by 33% 3) Robbery rates are LOWER by 37% and 4) Aggravated assaults are lower by 13%."[2]

Advocacy for greater restriction of concealed carry

Opponents of concealed-carry laws argue that permit requirements are insufficiently strict, and local law enforcement should have more discretion in issuing licenses when they believe it is in the interests of public safety. The counter-argument is that inconsistent application of the law creates inconsistent and arbitrary results across the many jurisdictions of a state. A statewide law, it is argued, should apply uniformly across the state. This issue produces considerable controversy in many states where an urbanized area wants more restrictive licensing and a rural area favors less-restrictive licensing. Examples include northern Virginia, the Twin Cities area (Minnesota), and Seattle (Washington).

Another argument concerns restricting places where carrying is permitted. Some laws prohibit carriage on school premises or in drinking establishments, others restrict carrying at public accommodations (theaters, concert halls, courtrooms) or public events (polling places, State Fairs). Concealed-carry opponents generally make no distinction between drinking establishments and restaurants where alcohol is sold. Some states make this distinction. For example, in Texas, one may not carry in any establishment which generates 51% or more of its revenue from the sale of alcohol for on-premises consumption. In Florida, one may carry in a restaurant that serves alcohol, but not into the bar area. Virginia prohibits concealed-carry in businesses with a liquor license, but open-carry is permitted.

Advocacy for greater availability of concealed carry

In Florida, which first introduced "shall-issue" concealed carry laws, crimes committed against residents dropped markedly upon the general issuance of concealed-carry licenses, which had the unintended consequence of putting tourists in Florida driving marked rental cars at risk from criminals (since tourists may be readily presumed unarmed.) Florida responded by enacting laws prohibiting the obvious marking of rental cars. With this change, crime rates continued to fall alongside the issuance of concealed weapons licenses.

Who carries?

Statistics published by the various states give some indication of what type, and how many people acquire permits to carry concealed weapons. Some recent indicative statistics:

  • Permit-holders are predominantly male:
    • 85% male vs. 15% female in Florida, October 2004
    • Over 50,000 women are licensed in Florida as of 2005
  • The number of permit-holders is growing:
    • Michigan for example reports 30,000 applications July 2003-June 2004; other states vary but this is representative.
  • The number of permit-holders is significant:
    • Florida has issued over 800,000 permits since adopting the law, and had 289,644 currently-licensed permit holders as of October 2004.
    • State Police Reports show similar numbers: New York 530,000 (1997), Pennsylvania 575,000 (1998), Texas 235,000 (1999).
  • Distribution by age is generally proportionate to the adult population:
    • Florida reports 26% are in the 21-35 age group, 36% are 36-50, 27% are 51-65, and 11% over age 66.
  • The number of revocations of permits is very small:
    • North Carolina reports 0.2% of their 263,102 holders had their license revoked in the 10 years since they have adopted the law — a lower proportion than the crime rate among North Carolina police officers. Revocation of license is for any criminal conviction, and need not involve an illegal firearm usage. Revocations typically arise from DUI.
    • Of the 14,000 licenses issued in Oregon, only 4 individuals (0.03%) were convicted of criminal (though not necessarily violent) use or possession of a firearm.

Methods of carry

At present, only five of the "shall issue" states require concealment; however, some localities require concealment by statute or ordinance. Most licensees choose to conceal their weapon to avoid causing others to make spurious calls to the police.

Concealment is generally accomplished with a medium or small revolver or semi-automatic pistol, an appropriate holster, and a concealing garment or handbag. Changes in methods of concealment are sometimes necessary when crossing state boundaries, though reciprocal recognition of licenses exists between each states. For example, Florida requires concealment of handguns. A pocket holster (front or rear trouser pocket), inside waistband (IWB) clip or holster, or ankle holster are all legal, provided appropriate covering garments are worn. Georgia does not require concealment but does require that if concealed-carrying, the weapon be carried in some type of holster, but does not permit an IWB clip.[3] Careful review of differences in state laws, despite the existence of reciprocal recognition of CCW licenses, should always be made prior to making any trips across state lines.

Preferred weapons for concealed carry

There is no single "best" weapon for concealed-carry usage. Most experts say the criteria for choice should be:

  • Legality: CCW Licenses for different states do not all permit the same choices of weapons. In many states, a concealed-carry license is valid for a firearm, edged weapon or a stun gun (Taser), or multiple weapons. In other states, the license is valid only for a firearm — other weapons, chemical deterrents, and back-ups are illegal. These differences are important for licensees crossing state lines, despite reciprocity agreements. Again, a licensee is considered to have constructive knowledge of all laws that apply to him (that is, courts will presume the licensee knows the law, whether the licensee has troubled himself to learn it or not).
  • Reliability: The paramount concern is reliability. For simplicity and reliability, a 5- or 6-shot revolver may be an excellent choice. Most revolvers will operate even if they are not maintained well or are seldom fired. Others may prefer a more complex 8- to 17-shot semi-automatic pistol, but they may malfunction if not kept properly maintained. Shooting statistics show that most revolvers are sufficient for personal-protection. Semi-automatics with single column magazines, are generally smaller with more streamlined profiles that conceal better and are less likely to catch on clothing. The choice of revolver or semi-automatic is a matter of personal preference and the owner's dedication to maintenance and regular practice.
  • Safety: The semi-automatic handgun should have modern safety features to prevent accidental discharge, and have one or more safety devices that require an intentional trigger pull to make the gun discharge. These devices may include a squeeze (grip) safety in the backstrap, trigger safety, magazine disconnector, loaded chamber indicator, and a decocking lever. Double action revolvers have no built-in safety devices — the heavy trigger pull required to cock and then fire the weapon prevents accidental discharges from dropping or mishandling the gun. Single-action revolvers are rarely concealed-carried, but when carried, normally the hammer is left down on an empty chamber. Many guns manufactured after the late 1990s include mandatory integral locking mechanisms that must be deactivated by a unique key before the gun can be fired. These integral locking mechanisms are intended as child-safety devices during unattended storage of the weapon — not as safety mechanisms while carrying.
  • Operation & Mechanical Safeties: Typical mechanisms are a stiff double-action trigger pull with the safety off (Beretta 92), a double-action with no external safety (SIG-Sauer P-series, or Kel-Tec P-32), or a crisp single action trigger pull with a manual safety engaged (M1911 and certain configurations of the HK USP). An alternative are striker-fired or "safe action" type weapons which have a consistent trigger pull requiring force greater than required by a single-action design, but lighter than needed for a double-action trigger. Many such weapons do not have an external safety or external hammer (GLOCK pistols and the Walther P99 and variants). Other designs feature an external safety, such as a grip safety (Springfield Armory XD Series). Appropriate holster selection and training is especially critical to ensure the safe carry of striker-fired weapons such as the GLOCK. GLOCK pistols have no external safety — when you pull the trigger, the gun will discharge.
  • Ergonomics & Clothing: A 110 lb (50 kg) individual may not be able to use a high-recoil weapon accurately, and may not be able to easily conceal a large weapon. This individual might find a .32 S&W long-caliber revolver, well-regarded for its accuracy and low-recoil, an especially effective choice despite its reputation for being slightly underpowered. This firearm was the standard police sidearm in New York City circa 1915 until circa 1934, when it was replaced by the .38 Special revolver. Larger individuals should probably consider a .38 Special caliber, or equivalently a 9 mm caliber, as the minimal size for personal defence. In warmer weather when people wear fewer and lighter clothes, a 32 ACP or 380 ACP semi-automatic with a single column magazine is a good choice, having nearly the same stopping-power as a .38 Special or 9 mm.
  • Stopping Power: It is widely held that a 9 mm handgun is the minimum caliber for personal protection; however, accuracy can ameliorate the disadvantages of smaller caliber. Consider ammunition cost (expensive ammunition discourages regular practice) and availability, and consider manageable recoil in caliber selection. Since the 9mm cartridge is among the least expensive, most available, and lowest-recoil cartridges, a 9mm pistol can be an excellent choice. Popular concealed carry calibers, in increasing stopping-power are .32 S&W Long, 32 ACP, 380 ACP (9 x 17 mm, 9 mm Kurz), .38SPL, 9 mm Makarov, 9mm, .40 S&W, .357 SIG, .45 GAP, .45 ACP, .357 magnum, and 10 mm Auto.

Concealed carry issues of interest

Training

Most licenses have a training requirement involving both a classroom and a range component, and can often be completed in 1-2 days. Classroom topics typically include: firearm mechanics and terminology; concealed carry legislation and limitations; liability issues; carry methods and safety; home defense; methods for managing and defusing confrontational situations; and practice techniques. At the range, students will practice shooting a target from a standing position, and may practice shooting from cover. Most require a certain proficiency to receive a passing grade.

References

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