Trenton,
NJ – Attorney General Anne Milgram today
urged Congress to reject pending legislation
that she said would threaten public safety
in New Jersey by enabling gun owners licensed
to carry concealed weapons in one state to
also carry concealed firearms in any other
state without first obtaining a separate license
in the non-resident state.
Milgram
said the legislation would undermine and weaken
New Jersey’s state law on carrying of
concealed weapons. In a letter to top congressional
leaders concerning S.845, Milgram wrote that
the bill threatens the safety and security
of residents and law enforcement officers
and, “undermines fundamental principles
of comity and federalism by allowing the gun
licensing laws of one state to trump those
of another.”
Milgram
said it would also make it more difficult
to detect gun traffickers. “The presence
of many more individuals authorized to carry
concealed weapons will make it more difficult
to detect those unlawfully trafficking weapons
into our states as opposed to lawfully carrying
concealed weapons,” she said.
The
Attorney General was joined in her letter
to Senate Majority Leader Harry Reid and Speaker
of the House Nancy Pelosi by Attorneys General
from six other states: Delaware, Illinois,
Iowa, Maryland, Massachusetts and Rhode Island.
Governor Jon S. Corzine and United States
U.S. Senators Frank R. Lautenberg and Robert
Menendez spoke out against the bill today
at a news conference in Washington, D.C.
Milgram
said the bill did not respect states’
laws and licensing standards, contrary to
its title, the “Respecting States’
Rights and Concealed Carry Reciprocity Act
of 2009.”
“Each
of our states has created its own framework
of laws that establishes comprehensive and
strict procedures, standards, and mechanisms
which regulate the carrying of concealed firearms.
In states that permit the carrying of concealed
weapons, these requirements clearly articulate
what an applicant must demonstrate in order
to lawfully carry a concealed firearm.Furthermore,
they further the public safety of our residents
and law enforcement officers by generally
restricting the circumstances under which
private citizens may lawfully carry a concealed
firearm,” Milgram wrote.
The
bill would undermine that by allowing people
to get permits in one state and carry in any
other, with no requirement that the standards
of issuance be the same or higher, she said.
“The result is that each of our states’
laws on concealed firearms will be reduced
to the lowest common denominator,” she
wrote. “Put differently, whether an
individual is permitted to carry a concealed
firearm would no longer be determined by his
or her ability to satisfy the stringent standards
of a particular state, but rather, by that
individual’s ability to obtain a permit
to do so in any state with weaker, or, in
some instances, no controls.”
In
New Jersey, those applying for permits to
carry a handgun must demonstrate that they
are thoroughly familiar with the use and safe
handling of a handgun and demonstrate a justifiable
need to carry a weapon. They must submit proof
they have completed a Police Training Commission
– approved firearms course and there
should be a clearly documented threat to personal
safety.
Applicants
are fingerprinted and subject to a background
checks and must submit three letters of reference
certifying they are of good moral character
and behavior. The background investigation,
conducted by local police departments or the
State Police, checks for any criminal history,
alcohol or drug abuse, and whether there is
any outstanding domestic violence court order
prohibiting the possession of firearms.
There
were 580 civilian permits to carry a handgun
issued in New Jersey in 2008.
Twelve states, including New Jersey, do not
recognize out-of-state permits for concealed
firearms. In addition, twenty-nine states
set forth specific requirements for recognizing
an out-of-state permit that generally requires
the other state to have standards equivalent
to, or higher, than the state granting reciprocity.
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