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Concealed Carry Law Concealed Carry Law 2020 Edition LawPracticeCLE Unlimited All Courses. All Formats. All Year. ABOUT US LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals, and other interested business professionals. New to the playing eld, LawPracticeCLE is a major contender with its oerings of Live Webinars, On-Demand Videos, and In-per- son Seminars. LawPracticeCLE believes in quality education, exceptional customer service, long-lasting relationships, and networking beyond the classroom. We cater to the needs of three divisions within the legal realm: pre-law and law students, paralegals and other support sta, and attorneys. WHY WORK WITH US? At LawPracticeCLE, we partner with experienced attorneys and legal professionals from all over the country to bring hot topics and current content that are relevant in legal practice. 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LawPracticeCLE does not seek approval in Illinois or Virginia, however the necessary documentation to seek CLE credit in such states will be provided to the registrant upon request. ADVERTISING WITH LAWPRACTICECLE At LawPracticeCLE, we not only believe in quality education, but providing as many tools as possible to increase success. LawPracticeCLE has several advertising options to meet your needs. For advertising and co-sponsorship information, please contact the Director of Operations, Jennifer L. Hamm, [email protected]. CHECK US OUT ON SOCIAL MEDIA Facebook: www.facebook.com/LawPracticeCLE lnstagram: www.instagram.com/lawpracticecle Linkedln: www.linkedin.com/company/lawpracticecle Twitter: www.twitter.com/LawPracticeCLE Introduction to Concealed Carry Law February 2020 George L. Lyon, Jr. Arsenal Attorneys Fairfax Virginia About the Presenter and My Biases • People have strong views on firearms issues, I am no different. • I am a firearms enthusiast and strong supporter of Second Amendment Rights. • Firearm rights attorney and concealed carry instructor, holding instructor licenses from the Maryland State Police, District of Columbia Metropolitan Police and various NRA instructor certifications. • I was a plaintiff in federal court cases that legalized handguns in DC and forced DC to begin issuing concealed carry licenses. • I forced DC and Baltimore, MD to allow ownership and carriage of Tasers and stun guns. Definitions • Open Carry – carrying a firearm so that it is readily observable to an onlooker either on the person or in close proximity. • Concealed Carry – carrying a firearm on ones person or in close proximity so that it is not readily observable to an onlooker. • May issue – a permitting scheme whereby the issuing authority has the discretion to grant or deny a carry license or permit to an applicant based on that applicant’s showing of a need to carry a firearm. • Shall issue – a permitting scheme whereby the issuing authority’s discretion is limited to ensuring that the applicant has met objective criteria for the issuance of a carry license not related to a showing of need. • Permitless carry – sometimes called Constitutional carry. A scheme whereby persons are allowed to carry concealed firearms without grant of a permit or license. Gun Carry Provisions Vary Widely • Whether a permit or license is required to open and/or conceal carry. • Requirements to issue a permit or license. • Where guns may be carried. • What guns can be carried. • Training required to obtain a permit or license. • Whether the applicant must shoot a qualification test. • For how long the permit or license is good. • Requirements for informing law enforcement during an interaction. • The extent states recognize each other’s permits. Concealed Carry Regimes • Overwhelming majority of states and the District of Columbia are shall issue jurisdictions. • 17 states have adopted permitless carry: Alaska, Arizona, Arkansas, Idaho, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana (with exceptions for urban areas), New Hampshire, North Dakota, Oklahoma, South Dakota, Vermont, West Virginia and Wyoming. Some of those states limit the right of permitless carry to residents. All except for Vermont will also issue a carry permit or license for reciprocity purposes. • Handful of states are may issue: California (some counties effectively are shall issue and some counties effectively are no issue), Connecticut and Delaware (both effectively shall issue), Hawaii (effectively no issue), Maryland. Massachusetts, New Jersey, New York and the Virgin Islands. • Guam and Puerto Rico are shall issue, but Northern Mariana Islands and American Samoa are no issue. Concealed Carry History • At adoption of the Second Amendment, there were few if any restrictions on peaceful carrying of arms • Early 1800s some states enacted laws prohibiting the carrying of concealed handguns, prompting challenges under state Second Amendment analogues. Concealed carry was thought ungentlemanly. • State v. Reid, 1 Ala. 612 (1840) (concealed carry may be prohibited where open carry is still allowed. But see Bliss v. Commonwealth, 12 Ky. 90 (1822) (invalidated concealed carry ban). • Nunn v. State, 1 Ga. 243 (1846) (struck down ban on openly carried pistols). • State v. Chandler, 5 La. Ann. 489 (1850) (citizens have right to open carry arms). • By the 20th Century most states prohibited the concealed carry of handguns without a permit but did not restrict open carry. Concealed Carry History • 1903 Vermont Supreme Court declared its state’s concealed carry law unconstitutional. Vermont has been permitless carry ever since. • Prior to Florida adopting shall issue concealed carry in 1987 most states were either may issue or no issue with respect to concealed carry. • Since 1987, states has gradually relaxed their laws in favor of shall issue concealed carry or permitless carry. • DC was the last jurisdiction in the continental US to adopt a permitting scheme (may issue) in 2014 as a result of a federal court decision and became shall issue in 2017 as a result of the Wrenn decision, discussed later. • Currently there are more than 18 million carry permits or licenses issued in the United States. Some persons hold licenses from more than one state. Racist Origins of Gun Carry Restrictions • Prior to the 20th Century, there were few limitations on the open carry of firearms by Whites. It was a different story for Blacks. • Antebellum laws (Slave Codes) generally prohibited African American slaves from keeping and bearing arms and imposed discretionary licensing on free blacks and mulattos or limited their firearm rights to their lands. • Post
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