By Kevin D. Williamson
Friday, May 23, 2025
Your Illinois driver’s license is good in Texas. Should
your Texas concealed-carry license be good in Illinois?
Congressional Republicans are pushing for a bill that
would
establish mandatory national reciprocity of concealed-carry permits,
meaning that residents of states in which it is relatively easy to get a
license to carry a firearm would be able to carry in states that make it more
difficult—or, in effect, impossible.
The usual hysterics are engaged in the usual hysteria.
I myself do not care for the bill,
inasmuch as I understand that the states are meaningful sovereign entities and
not to be treated as subdivisions of the federal government. Federalism means
that New Jersey and Connecticut are allowed to make a lot of stupid decisions,
if the voters want. It is true that the right to keep and bear arms is right
there in the Bill of Rights, but so is free speech—and that doesn’t mean that
Oklahoma can issue parade permits that have to be honored in California.
Stay with me on the free-speech parallel for moment: It
is not the case that every regulatory approach to local free-speech
issues (such as requiring parade and rally permits, regulating billboards, or
using zoning laws to quarantine what is euphemistically known as “adult”
entertainment) is consistent with the First Amendment, but it is the case that
there are at least several regulatory approaches to speech issues that are
consistent with the First Amendment. A national right to free speech does not
preclude the legitimacy of local variation in regulation touching speech
issues. The same holds true for Second Amendment rights: There are regulatory
regimes in certain U.S. jurisdictions that should (and likely will) be thrown
out in coming years as incompatible with the Second Amendment, but that does
not mean that there can be no legitimate variation. There are places in this
country where having a good rifle within easy reach remains prudent, but the
Las Vegas Strip and the New York City subway system are not among them. Baggs,
Wyoming, isn’t Chicago. People in Brooklyn have Second Amendment rights, but
there is no reason that the local legal environment need be identical to, or
even consistent with, that of Elko, Nevada, in every jot and tittle.
The federal government should follow the maxim: When it
is not necessary to act, it is necessary not to act.
The states already have worked out reciprocity
arrangements on their own. For example, if you have a Texas permit, it will be
recognized in Minnesota, North Carolina, Nevada, and Delaware. Which may not
sound like much, but, as a matter of fact, so much of the country has adopted
“constitutional carry”—meaning no permit is required—that you can drive from
Key West to the edge of British Columbia and never enter a jurisdiction in
which a permit is needed at all. The majority of U.S. states—29,
in fact—do not require a permit, and permitless carry is the norm in
practically the whole of the central section of the country, with the
exceptions of Colorado and New Mexico. The regulated states mostly are on the
coasts (California, Oregon, New York, New Jersey, etc.) or along the Canadian
border (Wisconsin, Michigan, Minnesota). And many of the states that require a
permit make it reasonably easy to get one, including Pennsylvania and Virginia.
If you shoved Indiana
Rep. Victoria Spartz out of a space station in geosynchronous orbit over
the United States (and that is not the worst idea you’ll hear in Anno Domini
2025), she’d almost certainly land in a place where her handgun would be legal.
There is only a slim chance of her plunking down on a restrictive state or some
airport such as Dulles International, where she once got herself into trouble
by illegally trying to pass through security with a
handgun in her carry-on bag.
Ironically, a national reciprocity requirement would be
less meaningful now than it would have been a decade ago, precisely for that
reason: Fewer people today have a good reason to get a permit at all. They can
carry if they want, all the paperwork having been completed in 1791.
This being a firearms-related issue, you can be sure that
somebody’s saying
something stupid about it. And so:
“It’s because this is such a
dangerous issue, because from even a state’s rights perspective, there’s a lot
to be concerned with,” [Nick Suplina, senior vice president for law and policy
at Everytown for Gun Safety] said. “You know, in a city like New York, where I
am, there are tens of millions of tourists every year. These are folks that
don’t know their [way] around town. They may have heard on the news that New
York is a dangerous place, even though it’s actually has one of the lowest
rates of gun violence in the country. And they decided to bring their sidearm
with them, and they’re lost in the West Village, or stumbling through Hell’s
Kitchen, and that’s going to lead to really bad outcomes for them.”
Why, precisely, would that lead to “really bad outcomes
for them”?
If you are a tourist “stumbling through Hell’s Kitchen”
in the evening, you’re stumbling because you’ve been in a bar, where carrying
firearms is not allowed, permit or no. As much as I like the prospect of armed
rustics from Muleshoe, Texas, rampaging drunk through the streets of the West
Village, we have stacks of laws against that sort of thing, and reciprocity
will not eliminate these.
We already have a considerable body of evidence and
experience to guide our expectations about the likely results of liberalizing
firearms carry. We have seen states go from more or less total prohibition to a
more liberal “may issue” to much more liberal “shall issue” and to entirely
permission-free “constitutional carry,” and the results have been …
statistically insignificant. Florida adopted constitutional carry in 2023, and
the effect on crime has been imperceptible, if, in fact, there has been any. Florida’s
crime rate has been
declining for 50 years and remains below the national average on most
fronts. One of its most-discussed crime problems in the Age of Amazon is the
irritating (and cumulatively expensive) issue of package
theft, which does not normally involve firearms. Vermont has had
constitutional carry since before the Constitution was ratified, and it has
very little violent crime. Maine and Kansas adopted constitutional carry a
decade ago, with no effect on crime—Maine is the safest
state in the nation, by most accounts, while Kansas remains, as it long has
been, slightly
on the safer end of the middle of the pack. There are very safe places
where it is easy to legally carry a gun, very dangerous places where it is easy
to legally carry a gun, very safe places where it is difficult to legally carry
a gun, and very dangerous places where it is difficult to legally carry a gun.
The relevant variable, it seems, is not how hard it is to legally carry a gun.
None of that should be surprising. Murders in the United
States largely are committed by habitual criminals, and most of the people
charged with homicides have lengthy arrest records: e.g., 11
prior arrests on average for Washington, D.C., murder suspects. One
survey found that the majority of those convicted of homicides already had
at least one felony conviction. Forgive the redundancy, but it needs to be
repeated: Crime is the work of criminals: According
to federal data, a quarter of those remanded to state prisons have at least
one violent felony conviction on their record already. A Bureau of Justice
Statistics study covering 34 states found that from 2009 to 2014, some 369,200
offenders were remanded to state prisons. That’s a big number. Do you know how
many arrests they had on their joint criminal résumé before being sent to
prison? More than 4 million. That’s a much bigger number.
Whatever else that may say about criminal justice in
these United States, the fact is that a very large share of the deadly
shootings in this country are carried out by people who cannot legally own,
much less carry, a firearm, being excluded because of felony convictions,
certain misdemeanors, pending charges, being on parole or under suspended
sentence, active warrants, and things of that nature. The people who bother to
get carry permits are not the sort of people who typically commit murders—and,
unsurprisingly, there is little or no evidence that more
permits have led to more shootings, while some studies have suggested the
opposite. Even constitutional carry is generally limited to those legally
eligible to purchase a firearm. It is illegal for a felon to possess a firearm
at all, and violations of that law are one of the most frequently
prosecuted federal crimes.
The people who commit the shootings are, by and large,
already ineligible for concealed-carry permits—in any state.
I’d prefer that Congress keep its nose out of this matter
and out of much other business that the states can handle perfectly adequately
on their own. And that is the only real case against mandating national
reciprocity, a policy that is unlikely to have any measurable effect at all on
violent crime, whatever Mike Bloomberg and his fellow neurotics say.
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