[Congressional Record Volume 146, Number 124 (Friday, October 6, 2000)]
[Senate]
[Pages S10075-S10076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONCEALED GUN LICENSES
Mr. LEVIN. Mr. President, in recent years, lobbyists for the National
Rifle Association, NRA, have been pressing state legislatures around
the country to pass so called ``shall issue'' laws. ``Shall issue''
laws require that licensing authorities shall or must issue concealed
weapons permits to those who meet standard eligibility requirements.
The state laws take discretion away from local law enforcement
agencies, who would ordinarily use their own criteria to determine who
should carry a concealed weapon.
When such a law was proposed in my home state of Michigan, every
major law enforcement organization in the state spoke out against it.
Athletes, entertainers, religious leaders and some lawmakers joined
them in their public plea to keep concealed firearms off our streets.
In the end, although both the State House and Senate passed the ``shall
issue'' legislation, lawmakers yielded to public pressure and refused
to proceed to a conference committee, thereby rejecting the law.
While Michigan's citizens acted quickly to ensure that lawmakers
rejected the NRA backed proposal, other state legislatures embraced the
law as their own. This week the Los Angeles Times published an
extensive report on the effects of the relatively new law that gives
Texans the right to carry concealed weapons into public places,
including churches, hospitals, nursing homes, and amusement parks. The
Times story reveals that since the ``shall issue'' law's inception in
1995,
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and its expansion in 1997, Texas has issued concealed weapons permits
to more than 400 criminals with prior convictions, and has since
arrested more than 3,000 licensees.
Based on the LA Times investigation, it appears that the law billed
as part of an ``anti-crime'' package could really be more accurately
described as pro-crime. A recently released study from the Violence
Policy Center disclosed that Texans with concealed-carry licenses were
66 percent more likely to be arrested for firearms violations than
Texans who did not have such licenses.
The LA Times story explains that part of the problem is that in many
cases, concealed permits were given to those whose records should have
disqualified them. Perhaps the most disturbing case is that of Terry
Gist, also known to his friends as ``Holsters'' because of his well-
known affection for guns. Before he even applied for his permit to
carry a concealed weapon in Texas in 1997, Gist had already been to
court for trying to choke his wife and threaten her with a gun (she had
a restraining order out against him) and arrested while in the army for
brandishing his handgun at a local citizen in Haiti. After he passed
the state background check and received his concealed weapons permit in
the mail, he was known to carry two semiautomatic handguns, sometimes
three, with him at all times. Gist bragged that he displayed one of
those guns to a driver during a ``freeway feud.'' In 1998, Gist was
arrested and convicted for sexually assaulting an eight-year-old girl
who said during the trial that she was afraid he was going to shoot
her.
The most common category of problems associated with concealed
weapons holders, however, are not those of Terry Gist, but those of
people like Paul Leuders. Leuders, a Houston computer analyst, became
so upset when he almost missed his bus that the concealed weapons
licensee took out his gun and shot the bus driver in the chest.
Law abiding citizens, armed with concealed weapons, are too often
turning what would otherwise be unpleasant but not catastrophic events,
such as fender-benders and commuting hassles, into tragedies. The
``shall issue'' laws in Texas and in states around the country don't
make us safer, they make us less secure. In addition, they send the
wrong message to our children, that the way to deal with the problems
of modern life is with a gun. People around the country reject the NRA
logic that they are unsafe in public places if they are not armed.
Legislatures should do the same.
America has come a long way since the days of the wild west. Over the
last years our law enforcement agencies have developed better ways to
reduce violent crime and keep our streets safe. ``Shall issue'' laws go
in the wrong direction by increasing the number of weapons on the
streets and the dangers we and our children face.
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