[Congressional Record Volume 143, Number 57 (Tuesday, May 6, 1997)]
[Senate]
[Pages S4008-S4009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 707. A bill to prohibit the public carrying of a handgun, with 
appropriate exceptions for law enforcement officials and others; to the 
Committee on the Judiciary.


             THE CONCEALED WEAPONS PROHIBITION ACT OF 1997

  Mr. LAUTENBERG. Mr. President, today I am introducing legislation, 
the Concealed Weapons Prohibition Act of 1997, that would prohibit 
individuals from publicly carrying a handgun.
  The bill includes exceptions for certain people authorized to carry 
handguns under State law, such as law enforcement personnel and duly 
authorized security officers. States also could provide exemptions in 
individual cases, based on credible evidence of compelling 
circumstances warranting an exemption, such as a woman being stalked by 
someone who is threatening her. A simple claim of concern about 
generalized risks would not be sufficient to warrant an exemption; 
there would have to be a specified, credible threat.
  Mr. President, common sense tells us that there are more than enough 
dangerous weapons on America's streets. Yet, incredibly, some seem to 
think that there should be more. These people want to turn our States 
and cities into a modern version of the old wild west, where everyone 
carries a gun on his or her hip, taking the law into their own hands. 
This is a foolhardy and dangerous trend.
  Mr. President, this country is already drowning in a sea of gun 
violence. Every 2 minutes, someone in the United States is shot. Every 
14 minutes, someone dies from a gunshot wound. In 1994 alone, over 15 
thousand people in our country were killed by handguns. Compare that to 
countries like Canada, where 90 people were killed by handguns that 
year, or Great Britain, which had 68 handgun fatalities.
  Mr. President, the Federal Centers for Disease Control and Prevention 
estimate that by the year 2003, gunfire will have surpassed auto 
accidents as the leading cause of injury-related deaths in the United 
States. In fact, this is already the case in seven States.
  Mr. President, given the severity of our Nation's gun violence 
problem, we need to be looking for ways to reduce the number of guns on 
our streets. Yet, instead, many States recently have enacted laws to do 
the opposite, by making it easier for people to carry concealed 
weapons.
  Unfortunately, Mr. President, concealed weapons make people less, not 
more, secure. In fact, there is near-unanimous agreement among law 
enforcement groups that concealed weapons laws are bad policy. These 
groups understand that when more people carry weapons on the streets, 
more routine conflicts escalate into deadly violence.
  Mr. President, every day people get into everything from traffic 
accidents to domestic disputes. Maybe these arguments lead to yelling, 
or even fisticuffs. But if people are carrying guns, those conflicts 
are much more likely to end in a shooting, and death.
  Concealed weapons laws also are likely to make criminals more 
violent. Think about it, Mr. President. If a criminal thinks that you 
might be carrying a concealed weapon, common sense tells you that he is 
much more likely to simply shoot first, and ask questions later.
  Mr. President, another dangerous side-effect of having private 
citizens carry concealed weapons is the impact these unseen guns will 
have on law enforcement officers. Police officers would become 
reluctant to conduct even routine traffic stops if they knew that large 
numbers of citizens could be carrying concealed weapons.
  You do not need to take my word for this, Mr. President. Just ask the 
men and women in law enforcement. In fact, the Police Executive 
Research Forum did just that. In their 1996 survey, they found that 92 
percent of their membership opposed legislation allowing private 
citizens to carry concealed weapons. The most cited reason for this 
opposition was public safety.

  Mr. President, the police of this country understand that the public 
carrying of handguns increases the likelihood of gun violence. Also, 
concealed weapons increase the chances that incompetent or careless 
handgun users will accidently injure or kill innocent bystanders. 
Unfortunately, States increasingly are allowing individuals to carry 
concealed weapons with little or no training in the operation of 
firearms. This means that many incompetent people are putting the 
public at risk from stray bullets.
  Mr. President, although the regulation of concealed weapons has been 
left to States, it is time for Congress to step in to protect the 
public. All Americans have a right to be free from the dangers posed by 
the carrying of concealed handguns, regardless of their State of 
residence. And Americans should be able to travel across State lines 
for business, to visit their families, or for any other purpose, 
without having to worry about concealed weapons.
  Congress has the constitutional authority to provide this protection, 
Mr. President, and there is a strong Federal interest in ensuring the 
safety of our citizens. Beyond the human costs of gun violence, crimes 
committed with handguns impose a substantial burden on interstate 
commerce and lead to a reduction in productivity and profitability for 
businesses around the Nation whose workers, suppliers, and customers 
are adversely affected by gun violence. Moreover, to ensure its 
coverage under the Constitution's commerce clause, my bill applies only 
to handguns that have been transported in interstate or foreign 
commerce, or that have parts or components that have been transported 
in interstate or foreign commerce. This clearly distinguishes the 
legislation from the gun free school zone statute that was struck down 
in the Supreme Court's Lopez case.
  Mr. President, the bottom line is that more guns equals more death. 
This legislation will help in our struggle to reduce the number of guns 
on our streets, and help prevent our society from becoming even more 
violent and dangerous.
  I hope my colleagues will support the bill, and ask unanimous consent 
that a copy of the legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 707

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This act may be cited as the ``Concealed Weapons 
     Prohibition Act of 1997''.

[[Page S4009]]

     SEC. 2. FINDINGS.

       The Congress finds and declares that--
       (1) crimes committed with handguns threaten the peace and 
     domestic tranquility of the United States and reduce the 
     security and general welfare of the Nation and its people;
       (2) crimes committed with handguns impose a substantial 
     burden on interstate commerce and lead to a reduction in 
     productivity and profitability for businesses around the 
     Nation whose workers, suppliers, and customs are adversely 
     affected by gun violence;
       (3) the public carrying of handguns increases the level of 
     gun violence by enabling the rapid escalation of otherwise 
     minor conflicts into deadly shootings;
       (4) the public carrying of handguns increases the 
     likelihood that incompetent or careless handgun users will 
     accidently injure or kill innocent bystanders;
       (5) the public carrying of handguns poses a danger to 
     citizens of the United States who travel across State lines 
     for business or other purposes; and
       (6) all Americans have a right to be protected from the 
     dangers posed by the carrying of concealed handguns, 
     regardless of their State of residence.

     SEC. 3. UNLAWFUL ACT.

       Section 922 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(y)(1) Except as provided in paragraph (2), it shall be 
     unlawful for a person to carry a handgun on his or her person 
     in public.
       ``(2) Paragraph (1) shall not apply to the following:
       ``(A) A person authorized to carry a handgun pursuant to 
     State law who is--
       ``(i) a law enforcement official;
       ``(ii) a retired law enforcement official;
       ``(iii) a duly authorized private security officer;
       ``(iv) a person whose employment involves the transport of 
     substantial amounts of cash or other valuable items; or
       ``(v) any other person that the Attorney General determines 
     should be allowed to carry a handgun because of compelling 
     circumstances warranting an exception, pursuant to 
     regulations that the Attorney General may promulgate.
       ``(B) A person authorized to carry a handgun pursuant to a 
     State law that grants a person an exemption to carry a 
     handgun based on an individualized determination and a review 
     of credible evidence that the person should be allowed to 
     carry a handgun because of compelling circumstances 
     warranting an exemption. A claim of concern about generalized 
     or unspecified risks shall not be sufficient to justify an 
     exemption.
       ``(C) A person authorized to carry a handgun on his or her 
     person under Federal law.''.
                                 ______