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A Red Herring in Virginia
Townhall.com ^ | January 9, 2016 | Ken Blackwell

Posted on 01/09/2016 9:58:32 AM PST by Kaslin

Voters are fickle and often don't pay much attention to races besides the top ones, like president and governor. That must be why Virginians narrowly elected Mark Herring state attorney general two years ago.

A majority of people apparently didn't think it mattered a lot who held the office. Were they wrong!

A couple weeks ago Herring decided he would no longer recognize concealed carry permits from 25 other states. Roughly 6.3 million people currently allowed to carry weapons--and thus protect themselves and others--will be disqualified. Half of the states in the union will see Virginia as an inconsistent partner and some law-abiding gun owners denied the right of self-defense might not visit the state, costing it tourism dollars.

Moreover, the decision, which takes effect on February 1, is likely to trigger retaliation against Virginia residents from a number of jurisdictions, including bordering states Kentucky, North Carolina, and Tennessee. Already some 420,000 Virginians have lost the right to use their permits in a half dozen other states, including nearby Pennsylvania and winter vacation host Florida, which require reciprocity.

In the midst of a rising terrorist threat Herring is weakening the first line of defense against the next home-grown killers who may emerge in our midst. Defeating the Islamic State abroad is essential, but is not enough to safeguard the home front. And few states are as vulnerable as Virginia, a prime target given its border with the nation's capital, high-profile federal facilities, and numerous government workers. We should want more rather than fewer responsible armed citizens.

Herring said that the 25 states "lacked adequate disqualifiers to deny a permit to someone who would be barred from obtaining a permit in Virginia." Of course, it would be nice if every state adhered to the same standards, but that's unrealistic. Even Virginia wants to add its own tweaks. That shouldn't prevent cooperation among the states. Small differences in requirements should not become an excuse to deny so many people the added protection that comes from carrying a firearm.

Observed Chris Cox, executive director of the NRA's Institute for Legislative Action: "The Attorney General knows that permit holders are among the safest groups of citizens in the commonwealth and the rest of the country." The likelihood that a permit-holder from another state is going to misuse his weapon in Virginia is essentially nil

Herring is asking the wrong question. The standard should not be whether someone who Virginia legislators would have kept off their list might be able to get a permit somewhere else and use it in the commonwealth. Rather, the measure should be whether there a serious risk that someone with an out-of-state permit will misuse a weapon in Virginia. The attorney general offered no evidence for the second because none exists. In none of these 25 states has there been a spate of shootings by people misusing concealed weapons. It's a non-problem.

Of course, nothing in the Second Amendment commands states to recognize each other's concealed handgun laws. Herring has the legislative and constitutional authority to exercise bad judgment. Federalism requires respect for state authority to make these kinds of laws. (But the Second Amendment prohibits states from turning regulation into prohibition. Defenders of gun rights must remain eternally vigilant.)

So it is Virginians who must overturn Herring's foolish policy. Not by stripping state officials of their armed bodyguards, as some people have proposed. Rather, the legislature should overrule Herring. In fact, the NRA is working on a bill to accept valid permits in every other state--"total recognition." The attorney general would be instructed to enter into an agreement with any state requiring such an exchange before recognizing Virginia concealed carry permits.

Of course, Gov. Terry McAuliffe, who already has blocked a number of pro-gun rights bills, likely would veto such legislation. Then gun owners would have to work on Democratic state senators to get the two-thirds necessary for a veto override. And before the next election they should organize to ensure the next governor and attorney general respect Second Amendment rights. This is the democratic process at work.

In the end we all might owe Virginia's attorney general a thank you. State voters are likely to punish his attack on gun rights. And he will have reminded them--and the rest of us--why every government office matters.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; US: Virginia
KEYWORDS: banglist; ccw; guns; laws; markherring; secondamendment

1 posted on 01/09/2016 9:58:32 AM PST by Kaslin
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To: Kaslin

The NRA should not be allowed near the creation of this bill. Their interest is in raising funds, not protecting gun rights.


2 posted on 01/09/2016 10:05:54 AM PST by nickcarraway
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To: nickcarraway

Especially when they send renewal notices out 2 month after joining


3 posted on 01/09/2016 10:35:35 AM PST by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: Kaslin
Ohio law calls for reciprocity with states whose CCW laws are "substantially similar" to Ohio's. I imagine there is a similar phrase in the Virginia law. The whole idea that out-of-state CCW permits represent lower standards is simply ridiculous. He should have gone through the reciprocity agreements and canceled only those where there was a substantial difference. I really doubt he'd have found any.
4 posted on 01/09/2016 10:37:31 AM PST by JoeFromSidney (,)
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To: Kaslin

At least Virginia got term limits right—it’s “one and done.”


5 posted on 01/09/2016 10:50:32 AM PST by Skybird
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To: Kaslin

“Of course, nothing in the Second Amendment commands states to recognize each other’s concealed handgun laws”

There is that pesky “full faith and credit” clause thingy.

L


6 posted on 01/09/2016 10:54:28 AM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Kaslin

He wasn’t elected, stolen race.


7 posted on 01/09/2016 12:11:26 PM PST by Impy (They pull a knife, you pull a gun. That's the CHICAGO WAY, and that's how you beat the rats!)
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To: Impy

Well, he’s a rat, so it’s no surprise


8 posted on 01/09/2016 12:27:28 PM PST by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
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To: JoeFromSidney

By this logic every state VA rejdcts, could reject a VA drivers license.

Or any other kind of state license.

If the argument holds for one kind of license, it holds for all. If the assumptionmother states licenses are automatically lower standards, that can be applied to all licenses.

I say its time to do it. Force them to live with their logic.


9 posted on 01/09/2016 12:38:45 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Kaslin

They do? To me it seems they don’t want more liberal gun laws, because that would hurt fundraising. They would like stricter gun laws because then they can raise more money.


10 posted on 01/09/2016 1:04:11 PM PST by nickcarraway
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To: Skybird

Not for Attorney General and Lt Governor. They can get two terms in a row. Governor gets one, but they can make a comeback after waiting it out a term. Only one has done that in the modern era: Mills Godwin (1st as a Conservative Dem in 1965, then as a Republican in 1973).


11 posted on 01/09/2016 1:11:13 PM PST by fieldmarshaldj (Resist We Much)
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To: Impy

Second thing stolen from the Obenshain Family.


12 posted on 01/09/2016 1:11:46 PM PST by fieldmarshaldj (Resist We Much)
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To: fieldmarshaldj

And the first was what, you think his dad was murdered?


13 posted on 01/09/2016 1:31:14 PM PST by Impy (They pull a knife, you pull a gun. That's the CHICAGO WAY, and that's how you beat the rats!)
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To: Kaslin

BTTT


14 posted on 01/09/2016 1:38:49 PM PST by HokieMom (Pacepa : Can the U.S. afford a president who can't recognize anti-Americanism?)
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To: Impy

Murdered ? I don’t know. Just that Dick’s life was stolen prematurely, both from his family, and from the folks of Virginia in depriving them of an excellent U.S. Senator (and the country, perhaps as a future Presidential contender for 1988 onwards).


15 posted on 01/09/2016 2:28:57 PM PST by fieldmarshaldj (Resist We Much)
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To: fieldmarshaldj

Ah. Yeah.

Instead, Mr. Liz Taylor, the traitorous twit. Out of him, Jim Webb, and Papa John Chafee (3 Secnavs turned Senators), I’d have to consider taking Chafee!


16 posted on 01/09/2016 2:39:25 PM PST by Impy (They pull a knife, you pull a gun. That's the CHICAGO WAY, and that's how you beat the rats!)
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To: Kaslin

Virgina is a large blue state now. I’m sure the people there don’t mind


17 posted on 01/09/2016 2:51:44 PM PST by Angels27
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