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"Constitutional Carry" Reform

 

 

Across most of the U.S., you must obtain a permit from the state if you want to carry a concealed firearm. But in an increasing number of states, people who are legally allowed to carry a concealed firearm can do so without a permit.

 

This practice of permitless carry is sometimes called “constitutional carry” by its proponents. Currently, eleven states have some form of this law. After this year’s legislative session, that number may grow.

 

Here are some of the state’s considering “constitutional carry” bills:

 

Indiana: Four Indiana legislators introduced a bill that would make Indiana a “constitutional carry” state.

 

Minnesota: Legislators will consider a bill this session that would end the requirement for a state permit to carry concealed firearms.

 

New Hampshire: the state senate has already passed a bill that would end the state’s concealed carry permit requirement. Governor Chris Sununu would likely sign such legislation.

 

North Dakota: A bill has been introduced in the state House of Representatives that would make North Dakota’s concealed carry permit optional.

 

Tennessee: Legislators will be considering a bill that would legalize openly carrying a firearm. Concealed carry would still require a permit.

 

Texas: A legislator in Texas has introduced a bill to allow permitless concealed carry. This would build on bills passed in recent legislative sessions that allowed concealed carry on college campuses and permitless open carry.

 

Utah: In 2013, Utah’s governor vetoed legislation that would have allowed concealed carry without a permit. Legislators will consider a bill this year that is similar to the 2013 legislation.

 

Do you think that states should require permits for anyone who wants to carry a concealed firearm?

 

Gun Control in the States

Gun rights or gun safety?

 

This is the question facing many lawmakers in states across the U.S. While Congress considered and failed to enact any gun control legislation in 2015 or 2016, state legislators have faced a variety of measures relating to gun regulation. In some states, we’ve seen stricter controls put on gun ownership or use. In other states, however, lawmakers have relaxed restrictions.

 

Stricter gun control laws

 

California legislators led the way in enacting new gun control laws in 2016, passing 12 bills that imposed new restrictions. Governor Jerry Brown signed most of them, such as a bill to require background checks for ammunition purchases, one banning guns with magazine locking devices, and one that prohibits temporary firearm loans to anyone but family members. Governor Brown vetoed bills that would have regulated unfinished firearm frames and that would have required the mandatory reporting of a lost or stolen firearm within 48 hours.

 

Connecticut passed legislation that would prohibit those who have a temporary restraining order filed against them from possessing firearms.

 

Voters weighed in on gun control laws in the 2016 election, too. In California, they continued the trend started by legislators by approving a ballot measure that requires a permit to buy ammunition, bans the possession of large-capacity magazines, and advances the effective date of a state law that prohibits buying ammunition out-of-state, among other things. Washington voters approved a referendum that allows courts to issue “extreme risk protection orders,” which allows guns to be taken from someone deemed to be a significant danger to himself or others. Nevada voters supported a ballot initiative that would require anyone who sells or transfers a firearm do so through a licensed dealer who must run a background check, while Maine voters rejected a similar measure.

 

Removing restrictions on guns

 

In states that are controlled by Republicans, gun legislation generally involves loosening rules on ownership or carrying.

 

For instance, Tennessee lawmakers passed bills allowing both concealed and open carry of firearms on college campuses, which the governor allowed to become law. Georgia legislators also passed a bill allowing the carrying of concealed firearms on college campuses, but Governor Nathan Deal vetoed it.

 

There were unique dynamics in the debate over gun laws in Virginia this year. In December 2015, Democratic Attorney General Mark Herring announced that the state would no longer recognize concealed carry permits issued by many other states. This prompted a backlash in the Republican legislature. Democratic Governor Terry McAuliffe worked with legislators in 2016 and agreed to sign a bill that enshrines right-to-carry reciprocity in state law. In return, legislators passed bills favored by the governor that make it more difficult for domestic abusers to possess firearms and that station state police agents at gun shows to provide voluntary background checks.

 

Virginia legislators also passed a bill that would have allowed state workers to keep firearms in their cars and one that overturned the governor’s ban on firearms in state buildings. Both of these bills were vetoed by Governor McAuliffe.

 

In 2015 and 2016, four states (Kansas, West Virginia, Idaho, and Mississippi) passed laws allowing the carrying of concealed firearms without a permit. Other states have considered similar legislation. For instance, Virginia senators deadlocked 20 to 20 in a 2016 vote for a similar law in that state. Both houses of the Montana legislation voted in 2015 to allow concealed carry without a permit in that state’s cities and towns (it is already legal in outside of city limits), but Governor Brian Schweitzer vetoed it. New Hampshire’s governor also vetoed permit-less concealed carry legislation in 2015.

 

Abortion Restrictions Advancing in the States

The issue of abortion is one that has been prominent in the American political debate for over four decades. At the national level, there is often a lot of talk about abortion, but there is generally little legislative action on it. On the state level, however, we have seen a lot of measures to impose new restrictions on abortion.

 

Here are some of the most prominent abortion legislative trends in states:

 

Defund Planned Parenthood

 

In light of undercover videos taken of Planned Parenthood executives discussing the sale of fetal tissue, legislators have moved to cut off state funding for this organization. There have been bills in Ohio and Wisconsin that would end state funding for organizations that provide abortions or make referrals to organizations that provide abortions. Virginia legislators passed a bill that would have banned state funding for abortions and for organizations that provide abortions. Governor Terry McAuliffe vetoed this legislation. These bills would generally only affect Planned Parenthood.

 

Related to the Planned Parenthood videos, North Carolina legislators passed legislation to ban the sale of parts from aborted fetuses.

 

There was legislation in Congress to launch an investigation into Planned Parenthood, and 12 states launched similar investigations.

 

Ban certain types of abortions

 

While the Supreme Court has held that states cannot enact blanket abortion bans, it is legal for states to ban certain types of abortions. Alabama, Mississippi, and West Virginia have enacted legislation to ban abortions that involve dismembering the fetus. In Pennsylvania, for instance, the House of Representatives passed a bill that would ban dismemberment abortions after 20 weeks. There were efforts in 13 other states this year to pass a ban on these types of abortions.

 

While of dubious constitutionality, 9 states considered legislation that would effectively ban abortion. Only in one state, Oklahoma, did such a ban pass the legislature, but the governor vetoed the bill.

 

Ban abortions after a certain time period

 

In South Dakota and South Carolina, lawmakers this year banned abortions after twenty weeks. Legislators in Ohio and Wisconsin considered similar bills. There are 17 states that now have this type of abortion ban on the books. Legislators in Ohio also considered a bill that would ban abortion if the fetus has a detectable heartbeat.

 

Abortion center safety

 

Twenty-six states had enacted rules on abortion clinics that imposed new rules on their operations, such as requiring doctors to have admitting privileges at hospitals or mandating that abortion clinics meet the same standards as ambulatory surgical centers.  The Supreme Court invalidated these restrictions in June, however, in the case of Whole Women’s Health vs. Hellerstedt.

 

In 2017, we are likely to see further moves in state legislatures controlled by Republicans to place new restrictions on abortion. Depending on what happens with the Supreme Court vacancy caused by the death of Antonin Scalia, we may also see rulings in future years that will overturn such restrictions. It’s safe to say that abortion will continue to be a controversial issue in state legislatures for decades to come.

 

Voters Back Pot for Pleasure and Pain

Are Americans’ attitudes towards marijuana changing? If the results on Election Day 2016 are any indication, it seems that the tide is shifting when it comes to marijuana legalization.

 

Voters in four states approved ballot measures that legalizes the recreational use of marijuana, but purchasers of legal marijuana will generally be paying hefty taxes for the privilege:

 

California: It is now legal for Californians 21 and older to buy marijuana in the most populous state in the nation, subject to a 15% retail tax. Cultivators will also have to pay a special tax on their product. The revenue from these sales is divvied up to pay for health and law enforcement programs related to legalization, youth drug education and treatment programs, environmental programs, and DUI-reduction programs.

 

Maine: Purchasers of legal marijuana in Maine will pay a 10% tax, with 98% of that revenue going to the state general fund and 2% to local governments.

 

Massachusetts: The Bay State will imposes a 3.25% tax on marijuana purchases in addition to the state sales tax. This revenue will go to the state’s general fund. The first day for legal marijuana is December 15.

 

Nevada: Starting January 1, Nevadans can legally possess pot. Local governments can impose an excise tax on marijuana purchases, but the state of Nevada will impose a 15% wholesale tax. The state revenue will be used for education and to administer marijuana industry regulations.

 

These states join Colorado, Oregon, and Washington as states that have repealed laws banning possession and sale of marijuana.

 

Arizona was the only state to reject a marijuana legalization initiative on Election Day.

 

Voters in Florida, Arkansas, North Dakota, and Montana legalized marijuana for medical use. These states join 25 other states and Washington, D.C., in allowing medicinal marijuana.

 

Do you think that more states should relax their laws on marijuana use for recreational or medicinal purposes?