Reciprocity…

The House of Representatives has on deck this week, a bill known as the Concealed Carry Reciprocity Act. This bill says, in part, that a concealed carry permit issued by a citizen’s state of residence must be honored by the rest of the several states. It imposes limitations on this reciprocity in the case of people who are not eligible to possess a firearm under federal law (felons), those who are dangerously mentally ill, domestic abusers, and those who have several other disqualifying factors.

Suddenly the Democrats find themselves standing up as the party of state’s rights and the Republicans are the party pushing for federal law to supersede the will of states like New York, New Jersey, and Maryland, so called “may issue” states, where concealed permits are virtually impossible to get for the average citizen. Given the way the law is written, as an American citizen residing in the State of Maryland, this bill, if passed, does precisely nothing to allow me to carry concealed either within Maryland or in any other state. It does mean that residents of Pennsylvania, Delaware, or the District could carry their firearm concealed into the state based on permits issued by those jurisdictions.

I don’t buy that this should be a state’s rights issue any more than I buy that argument when it’s used in opposition any other Constitutionally protected right – same sex marriage, for example. The Constitution should apply equally to all people regardless of the state in which they reside – and that’s why I have a hard time supporting the CCRA.

From my vantage point here in Maryland, it creates a condition under federal law where a resident three miles away in Delaware is allowed to exercise a Constitutional right that I, living in Maryland, cannot. The solution in this case isn’t to overlay the current patchwork of state permits with another layer of federal law. The solution is for federal law to recognize that all citizens, with limitations spelled out clearly for felons, the mentally ill, etc, have the same rights and standing under the Constitution. The solution is for the Congress to recognize the inherent right to self-defense found in the 2nd Amendment and clarified by the Supreme Court’s Heller decision and legislate accordingly.

My reading is the CCRA is a half measure that adds complexity rather than clarity.

How “common sense” regulations are applied in Maryland, or A proposal for common sense voting regulation…

On July 12th, the President of the United States remarked that “it is easier for a teenager to buy a Glock than get his hands on a computer or even a book.” It’s a nice bit of hyperbole, but the fact is that federal law prohibits a firearms dealer from selling a handgun to anyone younger than 21. It also prohibits everyone who’s not a licensed firearms dealer from transferring a handgun to anyone younger than 18. Since the very thing he’s telling us is bad and easy to do is already illegal, it strikes me that he could have an enforcement problem rather than an insufficient legislation problem… but let me explain why I would say such a thing.

I only bring this up because if our elected leaders think it’s “too easy” to buy a lawful handgun, I’d happily invite them to try walking through the process here in my native Maryland. The first stop is a 4-hour training course which will run you about $100. This portion is waiverable for those who meet certain conditions – law enforcement officers, current and former military members, and current owners of one of Maryland’s “controlled” species of firearms. The next step is applying for the Maryland Handgun Qualification License. This requires a potential buyer to submit a set of fingerprints ($52.75) and an application to the State Police (an additional $50), then wait for up to 30 days while the application is reviewed. Before you’ve even set foot in a gun shop, the state has already dinged you for at least $102.75 in fees – and that’s just if you don’t need to take the class as well.

If your application for a Maryland HQL is approved, all that means is that you have been given permission by the state to go to a gun shop, select your handgun, and then send the state another application for their permission to actually purchase the firearm you desire. Then you wait and on the 8th day you may be allowed to actually pick up your firearm from the shop… or not. That depends entirely on the store you’ve purchased from. If the state has a longer-than-seven-day backlog (I’ve seen the backlog run as long as two months) in conducting their mandatory checks, some shops will wait for final release to the customer while others strictly observe only the seven day wait mandated by law. Oh, and don’t you dare think about trying to go through this process any more often than once per month.

So there you have it, from start to finish you could be looking upwards of a 60-day process filled with regulatory hoops in order to legally purchase a handgun. I can see how that might be far easier than walking into a bookstore and picking up the latest best seller or heading over to Best Buy to pick up a new laptop… or in a pinch, even walking into a library and checking out a book or using one of their computers. Very difficult tasks, indeed. Unless, of course, the president was talking about people who sell a firearm illegally. In that case, I don’t suppose any number of new laws or additional fees will be much of a bother to them since they’re not bothering to comply with the existing laws anyway.

I’m often curious how many of my fellow citizens might be convinced to support similar “common sense” regulations that impinged on their Constitutional right to vote by requiring state issued identification, a 4-hour voter’s training class, a $100 voting license, and only being allowed to vote one ballot per election cycle – so if you want to vote for president, forget about also voting in the down-ballot race for Senate, governor, or county commissioner. I hope I can be forgiven for thinking that if one freedom can be thus abridged, there shouldn’t be a problem placing similar checks on the others as well. It’s for our own good after all.