Delaware Bill Aims to Speed Up Concealed Carry Process with New Commission

In an attempt to alleviate the workload on the Delaware Department of Justice and speed up the application process, the state of Delaware is currently considering a bill that would remove consideration and issuance of concealed carry permits to an independent commission.

As the process currently stands, the DOJ reviews each application and then forwards that application on for final approval from a local county judge. Under the new bill, the Commission on Concealed Weapon Licensing would be created to take over the responsibility of vetting applicants.

Thanks in part to an increase in concealed carry permit requests, the legislation calls the current situation “unsustainable” for the DOJ. There were 8,500 permit requests in 2016 alone.

For those that have completed concealed carry training and the associated application paperwork, the wait can be exasperating. Under the current system, some applicants are waiting months to get word on the approval or rejection of their application.

“People do complain because they have invested money in the training … they have all their signatures ready and then they don’t hear anything for months and months, and it is frustrating,” Thomas D. Shellenberger, spokesperson for the Delaware State Sportsman’s Association, said.

The bill also moves to protect the identity of those applying for a permit. Currently, under Delaware law, those seeking a concealed carry license must have their intent posted in the local paper, including their name and address.

While opponents raise concerns over the lack of transparency this would create, supports of the bill say the current publication requirement makes it easy for criminals to target gun owners when looking to steal firearms. They also point out that some officials and judges have refrained from applying for concealed carry licenses because they do not wish their home addresses to be published publicly.

The DOJ supports the idea of moving the permit process to another department or entity, and the bill itself attempts to make the commission self-funded through increased application fees.

DOJ representatives, however, do feel some of the language in the bill changes Delaware from a “may issue” state to a “will issue” state. The concern of the DOJ lies in wording that could be interpreted as removing discretion on the granting of a permit. The current process requires concealed carry training, a written reason for requesting the permit, and five witnesses who can vouch for the moral character of the applicant.

But Shellenberger disagreed that the language implied the removal of discretion on the part of the commission. “(The commission members) have the right to say no if they feel you don’t have the appropriate character to carry a weapon,” Shellenberger said.

The article Delaware Bill Aims to Speed Up Concealed Carry Process with New Commission originally appeared on Clipdraw

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Armed Bystander Stops Assault in Fairbanks, Alaska

In early June, an armed bystander in a Walmart parking lot stopped an assault, preventing significant injury to the alleged victim and allowing for the arrest of the alleged assailant.

Late in the evening of June 3rd in Fairbanks, Alaska, the victim and his girlfriend were driving down Steese Highway when they were passed by a truck containing the alleged assailant, identified by Fairbanks police as Cedric Davon Davis.

As the truck passed the couple, several of its occupants reportedly made rude gestures at them. The couple then followed the truck as it turned into a Walmart parking lot.

Once in the parking lot, Davis exited the truck and approached the victim, who was seated on the passenger side of the vehicle. Davis proceeded to then punch the victim through the window of the car. At that point, the victim left the car after grabbing an oar from the back seat, presumably to continue the fight.

Once out of the car, Davis picked up the victim and threw him to the ground. The impact with the ground caused the victim’s head to be cut and bleed. Davis then began to punch the man repeatedly.

It was at this point that a bystander saw the altercation. He removed his weapon and pointed it at Davis, instructing him to stop, which he did. Davis ceased the assault, and the victim left the scene to contact the police.

After securing his weapon in his vehicle, the unnamed bystander secured his weapon and waited for the Fairbanks police to arrive.

Davis confessed and was arrested on fourth-degree assault. The bystander was not charged. Instead, Fairbanks police referred to him as a responsible gun who stopped a violent altercation.

“We had a victim that was slammed to the ground and another individual was over the top of him just kind of one-twoing him, basically. When you have an active assault like that taking place, the fear is that (the victim) is going to be overcome, knocked unconscious or worse,” Welborn said. “He wasn’t right up next to him pointing (the gun) at his head. He was at a distance, pointing it and making the guy understand, ‘you need to stop.’ And it worked.”

This did not appear to be a random encounter. As described by the police, a few of the people in the truck knew the victim and his girlfriend.

The article Armed Bystander Stops Assault in Fairbanks, Alaska originally appeared on Clipdraw

Concealed Carry Laws and Gun Owners in the News

Update: North Carolina – PASSED!

House Bill 746, which allows gun owners to carry a concealed weapon in the same places they can currently open carry, passed the North Carolina House of Representatives on June 8^th, 64-51.

The bill now moves to the state Senate for review and vote.

Update: Michigan – PASSED!

The Michigan bills intended to remove the requirement for a concealed carry permit has passed the Michigan House of Representatives on Wednesday, June 7^th.

The bill package spanned 3 bills, 4417 which passed 60-48, 4418 which passed 59-49, and bill 4419, which passed 61-47.

The bill removes the requirement for legal gun owners to obtain a separate concealed carry permit, what proponents of the bill have called a “coat tax” – referencing the fact that simply putting on a coat can turn a legal gun owner into a felon.

The law now moves to the Michigan state Senate. If approved there it would move to Gov. Rick Snyder to be signed into law.

Gun Owner Saves Twins in Oklahoma

A neighbor was alerted to a dangerous situation by a 12-year-old early last week, prompting him to investigate, and as a result, stop a potentially violent crime and tragedy.

Cash Freeman, of Ada, Oklahoma, rushed to his neighbor’s home and discovered Leland Foster allegedly threatening a woman with a knife and attempting to drown the woman’s 3-month old twins.

Although concerned at the consequences, Freeman addressed the situation, shooting Foster twice in the back and killing him. When asked, Freeman indicated he did what he thought was right.

Although he will be required to go before the District Attorney, the Ada police released Freeman after questioning.

The twins were flown to Oklahoma City for care. They were released and are in good condition.

 

Ohio Bill Proposes Removing Retreat Before Self-Defense Requirement

Ohio House Bill 228 would remove the existing requirement that someone under attack retreat before shooting in self-defense, unless in their car or residence.

The bill is heavily supported, with 2 sponsors and 35 co-sponsors. If it passes, the law would bring Ohio into line with surrounding states on this issue. It is currently in review with the Federalism and Interstate Relations Committee.

 

Philadelphia Man’s Conviction Vacated to Lesser Charge in Self-Defense Case

In October of 2012, Timothy I. Highsmith stepped in to stop a physical fight between a man, Willie Scott, and his girlfriend. Highsmith drew his gun during the altercation but did not fire. Afterward, Scott, who outweighed Highsmith by 100 pounds, began following Highsmith and grabbed him. Highsmith shot Scott once, then twice more when Scott lunged at him.

Afterward, Highsmith was charged and convicted of third-degree murder, with a sentence of 7 ½ to 15 years. Last week, the Pennsylvania Superior Court vacated that ruling.

In a majority ruling, the Superior Court concluded that Highsmith should have been convicted of voluntary manslaughter. The case has been returned to the county courts for resentencing under the new charge.

The article Concealed Carry Laws and Gun Owners in the News originally appeared on Clipdraw

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Concealed Carry Bills Continue to Move Forward

Concealed carry laws in multiple states continue to wind their way through the legislative system. Several of them have made progress in just the last week.

North Carolina: Update

A bill to eliminate the need for a concealed carry permit, in most cases, passed the North Carolina House Committee on Finance just last week.

The bill would permit those legally able to able to carry their weapon openly to do so in a concealed fashion without requiring an additional permit or classes. Currently, to qualify to carry a concealed weapon you must first pass an 8-hour safety and handling class.

The bill would likely eliminate the concealed carry reciprocity that North Carolina has with other states as it is currently enforced. However, residents would be able to, for a fee, obtain a license that would allow them to carry their concealed weapon in other states.

In addition to the CCP portion, the bill also proposes lowering the minimum age of purchase to 18 from 21 for pistols. Long gun purchases are allowed currently at the age of 18 in the state.

Wisconsin: Update

Wisconsin state Senate Judiciary and Public Safety Committee held a public hearing last week on Senate Bill 169. Like the North Carolina bill, the Wisconsin bill looks to remove the requirement of a separate permit to carry a concealed weapon, and the training currently associated with it.

Unsurprisingly, the public hearing drew impassioned comment from both sides of the issue. Proponents pointed out that 12 other states, ranging from conservative to liberal, already allow permitless carry.

What sets the Wisconsin bill apart is the provision to allow gun owners to carry their weapons in a concealed fashion onto school grounds, and the associated penalties for doing so.

The school would still retain the right to declare their buildings a no-carry zone. But as part of the bill, the penalties for disregarding a school’s ban would become a misdemeanor, not a felony as it is under current state law.

Michigan: Update

The Michigan bill to remove the permit requirement for concealed carry gained ground last week when the state’s House Judiciary Committee approved the 4-bill package. The bill now moves on to the Republican-controlled Michigan House of Representatives.

Referring to the current law as a “coat tax”, many proponents of the bill point out that the simple act of putting on a coat turns the legal act of carrying their weapon into a felony.

Like the Wisconsin bill, the proposed Michigan bill would lower the age requirement from 21 to 18.

The bill now progresses to the House Finance Committee. A financial component must be added to the bill at this point because the deadline for non-budget-related bills has passed.

The article Concealed Carry Bills Continue to Move Forward originally appeared on Clipdraw

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