The Senate was right to block a move to erase states'
rights to set their own standards for 'concealed carry' handgun permits.
If the U.S. Senate had voted a hair to the right on
Wednesday, gun-rights advocates would have come a big step closer to their goal
of a pistol-packing America. Fortunately, most Senate Democrats and two
Republicans defeated an amendment that would have allowed gun owners to carry
concealed weapons more freely across state lines.
Unfortunately, Democratic Sen. Kay Hagan of Greensboro
voted the other way, no doubt to the dismay of many North Carolina Democrats who
supported her insurgent campaign last year to unseat Republican Sen. Elizabeth
Dole. The state's other U.S. senator, Republican Richard Burr of Winston-Salem,
also supported the concealed-carry measure, but his vote was a given -- as were
the votes of many other Republicans who wholeheartedly support states' rights,
except when they don't.
Hagan offered no explanation in advance of her vote, nor
did her Web site provide one yesterday. However, during her Senate campaign she
declared her support for the Second Amendment and gun ownership, and she likely
views her vote Wednesday in that light.
Instead, it was a vote on public policy -- a vote to
override state and local jurisdictions' considered decisions on whether and how
permits are issued to allow individuals to carry concealed handguns in public.
It was a vote in opposition to the wishes of dozens of mayors and police chiefs
nationwide, including the mayors of Raleigh, Durham and Greensboro. It was a
vote for more handguns, not fewer handguns. And it was not a vote that was
required by Hagan's deference to the Second Amendment.
The U.S. Supreme Court, in ruling 5-4 last year that a
District of Columbia firearms ban (or near-ban) unconstitutionally infringed on
what the court majority declared was an individual right to own guns, made it
clear that states and localities could still impose reasonable firearms
restrictions. And in court challenges since, such restrictions have stood up.
States are free to set their own rules about who is
eligible to obtain a "concealed carry" permit for a handgun, and those rules
vary. In Ohio and Mississippi, if you don't have a criminal record or a history
of hospitalization for mental illness, you're in luck. Florida and Texas even
issue permits to nonresidents on easy terms. New York is much, much tougher on
handguns.
The amendment voted on Wednesday amounted to a
far-reaching follow-on to a measure Congress approved earlier this year that
allowed licensed gun owners to carry loaded guns in national parks. Holders of a
concealed-carry permit in any state would have been able to "carry" in each of
the 48 states that, to greater or lesser degrees, allow the practice. The right
of states to make their own decisions about safe and sane licensing policies for
their particular situation -- New York's does not equal Montana's -- would be
shot down. In effect, the amendment would have established a permissive national
concealed-carry standard, set at the level of the least restrictive state.
To those who envision a fully locked and loaded America,
and apparently to Kay Hagan and Richard Burr, Wednesday's vote was a setback. In
reality, it was a narrow, perhaps temporary, escape from an existence in which
handguns carried in public are the rule, not the exception.