Weakening Concealed Carry Permitting Schemes

Legislative Summary

The bills listed below reflect all relevant state legislation posted to the State Net service as of August 23, 2010.

Legal Community Against Violence is tracking state firearms legislation in all fifty states and the District of Columbia in key policy areas related to firearms.

The issue:
Despite evidence that states with permissive concealed weapon (“CCW”) permitting schemes repeatedly arm dangerous individuals, the gun lobby persists in its relentless campaign to weaken concealed weapon laws across the country.

The facts:
Research shows that:

• No credible statistical evidence exists showing that permissive CCW laws reduce crime, while there is evidence suggesting that permissive CCW laws may actually increase crime.¹

• An analysis of Texas’ CCW law found that between January 1, 1996 and August 31, 2001, Texas license holders were arrested for 5,314 crimes, including murder, rape, kidnapping and theft.²  

• Florida’s CCW system had, just in the first half of 2006, licensed more than 1,400 individuals who had pleaded guilty or no contest to felonies, 216 individuals with outstanding warrants, 128 people with active domestic violence injunctions against them, and 6 registered sex offenders.³

Current law:

Thirty-four states currently are “shall issue” states—meaning law enforcement officials are required to issue a permit to anyone who meets minimal statutory requirements.  Twelve states are “may issue” states, and give discretion to the issuing official to grant or deny a permit based on statutory factors such as a justifiable need to carry a weapon.  Illinois, Wisconsin, and the District of Columbia prohibit the carrying of concealed weapons, and no permit is required to carry a concealed weapon in Alaska or Vermont.  For more information on CCW permitting schemes, please see LCAV’s publication America Caught in the Crossfire: How Concealed Carry Laws Threaten Public Safety.

Legislation:

Allowing Concealed Carry Without a Permit
These bills would allow individuals to carry a concealed weapon without a permit:

Arizona            SB 1108⁴    SB 1108 signed by Governor on 4/16/10; HB 2347 failed.
Iowa                HB 2241⁵   Failed
Ohio                 HB 129 (must qualify for CCW permit and be eligible to purchase handgun)
Failed Legislation⁶

Removing Some or All Discretion from Issuing Authority
The bills below would remove some or all discretion from authorities charged with granting or denying CCW permit applications:

California          AB 357⁷                      Failed
Hawaii              SB 2495⁸                    Failed
Iowa                 HB 2255/SB 2379⁹      SB 2379 signed by Governor 4/29/10; HB 2255 failed.
Maryland           HB 683                       Failed
New Jersey       AB 1384¹⁰
New York          AB 6187¹¹
Utah                 HB 2014                      HB 2014 signed by Governor on 3/22/10

Allowing Concealed Carry Where Not Currently Permitted
The following bills would allow carrying a concealed weapon with a permit in states that currently prohibit carrying concealed weapons: