Archive for the ‘Legal Issues’ Category
I thought I’d share this interesting read, courtesy of regular correspondent Ted –
Comments welcome, as always.
You all remember the death of Trayvon Martin at the hands of George Zimmerman. The fifth anniversary of that incident has just passed. You may have read my 20-part take on the trial, archived here at the blog beginning the day of Zimmerman’s acquittal, July 13, 2013.
A year ago, George and Don West, one of the two attorneys who managed his brilliant and successful court defense, were kind enough to talk to one of my MAG-40 classes about it. The result is now posted at ProArms Podcast.
Budget yourself a couple of hours to hear it. There is much to learn that never hit the papers or the airwaves.
In New Hampshire, the “Live Free or Die” state, Governor Sununu just signed permitless concealed carry into law. That appears to make NH the fifteenth of the fifty states to allow law- abiding citizens to carry loaded, concealed handguns in public without a permit. Professor John Lott lists eleven states in addition to New Hampshire which have what he calls “‘full” constitutional carry without any notable restrictions.” Tracking roughly from east to west, they are: Maine, Vermont, West Virginia, Mississippi, Arkansas, Missouri, Kansas, Wyoming, Arizona, Idaho, and Alaska. Dr. Lott also points out that there are three states he describes as having “‘limited’ constitutional carry – i.e., with a few restrictions or kinks included.” He lists as such Oklahoma, New Mexico, and Montana.
“Permitless carry” is probably the most semantically correct descriptor. I realize that “Constitutional Carry” has a ring to it, but I’ve been in enough debates that I try to avoid terms which can be interpreted in multiple ways. “Constitutional” technically means deriving from the Constitution and the Bill of Rights. It is understood all the way back to Civics 101 that Constitutional issues are arbitrated by the Supreme Court of the United States. In SCOTUS’ two landmark cases on individual Second Amendment rights, both Heller v. District of Columbia and McDonald, et. al. v. City of Chicago, the majority opinions specifically said that the right to carry was still open to regulation at the lower levels of government. Thus, it could be argued that the Constitution itself really doesn’t guarantee the right to carry loaded and concealed in public without a permit.
A term I much prefer is simply Vermont Model. For most of my life and probably yours unless you’re very young, Vermont was the ONLY state that did not require a permit to carry, and merely forbade the practice to those who were convicted felons, adjudicated mentally incompetent, or had malice in their hearts. Perhaps not coincidentally, there have been many years when Vermont had the lowest rate of violent crime of all fifty states.
It is good to see the Vermont Model spreading, with more states expected to get on board. Your take on it is, as always, welcome here.