July 22, 2009
SENATE TO TAKE UP THUNE AMENDMENT.... Yesterday, the Senate took up an amendment on F-22s as part of the military's budget bill. Today, lawmakers will likely consider another amendment, which is even more controversial.
Nearly all states issue licenses to carry concealed firearms, but the criteria for granting such permits vary widely, and it is now, sensibly, up to each state to decide whether to accept another state's permits.
At least 35 states prevent people from carrying concealed weapons if they have certain misdemeanor convictions. At least 31 states prohibit alcohol abusers from obtaining a concealed carry permit and require gun safety training. The Thune amendment would force states with more restrictive standards to accept concealed carry permits from states with less stringent rules -- in effect giving the lax rules national reach.
Passage of the amendment would make it much harder for law enforcement to distinguish between legal and illegal possession of a firearm. It would be a boon for illegal gun traffickers, making it easier to transport weapons across state lines without being caught.
Thune has the enthusiastic backing of the NRA, while some Senate Democrats, hoping to derail the measure with a filibuster, have the support of more than 400 mayors, who took out an ad in yesterday's USA Today to denounce the Thune amendment.
Opponents are being led in large part by Sens. Chuck Schumer (D-N.Y.) and Frank Lautenberg (D-N.J.), but whether they can get 41 votes together remains to be seen. Despite the large Democratic majority, three Senate Democrats - Max Baucus and Jon Tester of Montana and Mark Begich of Alaska - are co-sponsors of the measure, and Sens. Harry Reid (D) of Nevada and Ben Nelson (D) of Nebraska both announced their support for the amendment yesterday.
The administration hasn't had much to say about this, suggesting that if the larger spending bill passes with Thune's amendment in the legislation, it will become law.
Postscript: In case anyone's wondering, I think the Thune Amendment is a bad idea, but I'd still rather get rid of the filibuster. If a bad idea enjoys the support of a Senate majority, it should pass. If people with good ideas want to try to undo it at some point in the future, they should do their due diligence. And if they come up short, we'll have the laws we deserve, as passed by our elected representatives.
—Steve Benen 8:00 AM
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Gotta love how "law-n-order" conservatives work so hard to make sure that the country spirals into a lawless wild west state. They all seem to have this notion that passing laws like this will allow honest citizens to defend themselves. Reality, alas, has shown that laws like this make it far easier for the bad guys to obtain guns--and far more difficult for the cops to keep up.
But, I guess for conservatives supporting the police means making sure that the cops face an armed and jittery citizenry. Good thing local governments are laying off police!
Posted by: Domage on July 22, 2009 at 8:10 AM | PERMALINK
The problem with this bill is that it takes only one state to pass a concealed carry law with absolutely no limitations (permit to carry comes with driver's license, for instance) and the rest of the country is stuck with it.
Posted by: Paul in NC on July 22, 2009 at 8:20 AM | PERMALINK
I just cannot understand why when mild mannered , law abiding , decent people are getting dressed how they could forget to harness their piece (peacemaker) ?
How how how ?
Posted by: FRP on July 22, 2009 at 8:20 AM | PERMALINK
AND, taking Paul in NC's point, can I get in on the lottery as to which fine STATE would be first to pass such a law? UM...Georgia, Texas, Montana, maybe ALASKA!!! Interesting take from Mr. Benen and I have to think a bit about that...course it would help if I thought we had "representatives" in Congress making our laws that honesly knew and were governed by what the majority of people expressed as their desires rather than those with the BIGGEST CHECKBOOKS!!!
Posted by: Dancer on July 22, 2009 at 8:24 AM | PERMALINK
Ah, our Republican friends and their priorities. Give more and more money to the rich. Make sure everyone else can get their hands on a gun. At some point, Darwinism is going to kick in, whether they believe in it or not.
Posted by: Roddy McCorley on July 22, 2009 at 8:32 AM | PERMALINK
as dick cheney (god damn his shit-filled soul to hell) sez;
"everybody in america deserves to get shot in the face by me or one of my constituents..."
Posted by: neill on July 22, 2009 at 8:33 AM | PERMALINK
It seems passage would assure eventual SCOTUS litigation.
Posted by: steve duncan on July 22, 2009 at 8:36 AM | PERMALINK
At some point, Darwinism is going to kick in, whether they believe in it or not.
Got no problem with that. Just trying to avoid getting caught in the crossfire.
Posted by: shortstop on July 22, 2009 at 8:36 AM | PERMALINK
Since the proponents of Sen. Thune's amendment argue that it will make everyone safer, I assume there is a provision that will permit concealed weapons to be carried into the Capital and into Congressional office buildings, and another one that will save taxpayers' money by getting rid of the metal detectors and security guards that violate the Second Amendment rights of people who want to enter those buildings.
Posted by: SteveT on July 22, 2009 at 8:38 AM | PERMALINK
Shortstop, you read my mind. Now get out of there!
Posted by: Roddy McCorley on July 22, 2009 at 8:46 AM | PERMALINK
This message couldn't be easier: "Republicans want to give concealed carry permits, no questions asked, to alcohol abusers and convicted criminals." Images of enraged drunks waving guns and sinister-looking guys reaching for their weapons.
Will the Dems run with this? Of course not.
Posted by: shortstop on July 22, 2009 at 8:49 AM | PERMALINK
Meantime, we can't take toothpaste on an airplane...
Posted by: Amanda on July 22, 2009 at 8:53 AM | PERMALINK
What about the Republicans desires to stand up for states rights? Doesn't this completely obliterate those rights?
Posted by: JCtx on July 22, 2009 at 8:56 AM | PERMALINK
I will never understand the Right's obsession with guns. They exist to peddle fears of black helicopters coming to take your guns away. While I support the Second Amendment, I personally don't have a gun, but sometimes I feel like I should have one just to be able to defend myself from the gun-toting Right. See? Their fear-mongering is working!
Posted by: terraformer on July 22, 2009 at 9:04 AM | PERMALINK
"we'll have the laws we deserve, as passed by our elected representatives."
Steve, I can't accept this argument. I could if I thought we had a true representative democracy. But we don't. Our electoral system is so screwed up that I just can't buy your point. A similar argument was made about Rod Blagojevich -- the people elected him twice! Blagojevich's corruption or abuse of a corrupted system brought him so much campaign cash that no other candidate had a chance to run against him. Your argument adds up to continually falling back to the least bad choices which is about all our future is handing us.
Posted by: lou on July 22, 2009 at 9:13 AM | PERMALINK
When did this gun fetish become so pronounced?
When did Americans, many of them big manly men, feel so scared that they can't buy a quart of milk and a 40 of malt without an elephant killer hand gun?
I loathe the ideas of guns as protection. It's the "best defense is a good offense" strategy.
Posted by: Twiist on July 22, 2009 at 9:28 AM | PERMALINK
JCtx, I was thinking the exact same thing!
Wasn't there something in the past year or so - maybe on abortion - where McCain was in opposition with a Republican proposal because should be a matter left up to the states?
This position reeks of the same Republican attitude that its OK for the Federal government to tell a woman what to do with her uterus but not to tell an old white man what to do with his money.
Posted by: BullCity on July 22, 2009 at 9:37 AM | PERMALINK
Echoing JCTx, this puts the lie to all the conservative happy talk about states rights. They never believed in it, it was never more than a vehicle to limit civil rights laws.
Posted by: zak822 on July 22, 2009 at 9:41 AM | PERMALINK
Can we get marriages performed in one state recognized in others, and embody that recognition in federal law? No.
But concealed carry permits? Of course.
Why is one piece of state-issued paper so privileged, and not the other?
Posted by: Davis X. Machina on July 22, 2009 at 10:23 AM | PERMALINK
"Passage of the amendment would make it much harder for law enforcement to distinguish between legal and illegal possession of a firearm. It would be a boon for illegal gun traffickers, making it easier to transport weapons across state lines without being caught."
Uh, how? Do illegal gun traffickers really do a lot of business by taking one or two guns personally from state to state? Isn't the only way they could take advantage of this law is to hire a bunch of people with concealed carry permits in one state to transport guns individually to another state? Does that seem likely?
This is a dodgy idea from a federalism standpoint, but unless there's evidence that states with lax concealed carry laws are suffering from greater gun violence than more restrictive states...I don't quite see the public safey argument.
Mike
Posted by: MBunge on July 22, 2009 at 10:45 AM | PERMALINK
Right, Davis X. And certification for any number of professionals-- doctors, nurses, teachers, lawyers, beauticians... the list goes on. If they're not recognized from state to state, why gun permits?
Posted by: ML on July 22, 2009 at 10:50 AM | PERMALINK
Personally, I'd keep the filibuster over making "a boon for illegal gun traffickers, making it easier to transport weapons across state lines without being caught."
I mean, come on, people! Paint a giant X on my back, why don't you.
Posted by: karen marie on July 22, 2009 at 10:54 AM | PERMALINK
If you don't like guns, work on it legally by trying to get the second amendment repealed. I have nothing against anti-gun people, but if they illegally trash the second amendment, it sets a good precedent for ignoring the other amendments.
Have we forgotten Bush already, Mr. "the Constitution is just a piece of paper"? And Obama is following in his footsteps in not being willing to give up illegal wiretapping.
Posted by: luther on July 22, 2009 at 11:24 AM | PERMALINK
At least it'll make things easier for the cops. They'll have the right to assume that *everybody* conceal-carries and will be able to shoot everyone on sight, in self defense, no questions asked.
Posted by: exlibra on July 22, 2009 at 11:29 AM | PERMALINK
Half of this country actively want to turn it into Somolia. At some point, we just have to round these people, dump them in Texas, and have them build a wall around Texas stop the brown, Communist sodomite hordes from tainting their precious bodily fluids.
Is this "most favored state" gun toting amendment based on federal funding or the Commerce Clause. If the latter, it is almost certainly unconstitutional. Do these DINO clowns have lawyer staffers who say anything other than "yes"?
Posted by: ... on July 22, 2009 at 12:06 PM | PERMALINK
Hmmm... I sure see a lot of irrational comments on this one.
There is a fundemental and legitimate issue involved as to what sort of permits and certificates should be honored between the states... and what legal status [protected or not] they should have.
Drivers licenses? Some states have less stringent driver testing and DUI penalties.
Should New York be able to not honor drivers licenses from Montana?
Marriages... another good one. Should Missisippi be allowed to not recognize marriages from New Hampshire?
I'd like to see this as an all-or-nothing issue, but certainly some things don't fit. Should a guy with a pesticide application license from New Mexico be allowed to spray pesticides in Pennsylvania? [Well, probably not].
By the way, the NRA has a legitimate beef on this issue... persons travelling with permitted firearms have been arrested and/or harrased due to varying state laws and their application.
So, dunno. Should there be federally-issued drivers licenses? Concealed carry permits? Dog licenses? The issue gets complex and sticky.
Posted by: Buford on July 22, 2009 at 1:24 PM | PERMALINK
@Buford
That's not a legitimate beef. That's a person breaking the law of the state they're traveling through. Those firearms ARE NOT permitted everywhere.
Posted by: Simon on July 22, 2009 at 2:44 PM | PERMALINK
So, a person with a legal concealed carry permit in one state who has to make a brief detour through or errand to another state has to worry about getting pulled over and arrested?
Mike
Posted by: MBunge on July 22, 2009 at 2:59 PM | PERMALINK
"So, a person with a legal concealed carry permit in one state who has to make a brief detour through or errand to another state has to worry about getting pulled over and arrested?"
Yes, they do. If you go into another jurisdiction with different laws, you must start following those different laws. You don't take the old laws with you. That's reality. Deal with it.
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