CONCEALED GUN LICENSES -- (Senate - October 06, 2000)

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   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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