Right now the cost of carrying concealed is fifty dollars. Should this bill become law, concealed carry would come at the cost of two of my most precious civil rights. I wouldn't really call those "perks."
The requirement to notify "as soon as practicable" is entirely vague, and gives the officer absolute discretion over whether or not to charge you with a Class 1 misdemeanor. If the officer starts with a long explanation about why you're being detained, and you wait until he's finished to tell him about your concealed handgun, are you in violation? Was it "practicable" to interrupt him? If he doesn't like you, or the fact that you carry, you can bet on it.
This isn't a merely theoretical problem, either. In Ohio, which requires permit holders to notify "promptly", a man named
Bryan L. was confronted by an officer who ordered him out of his vehicle at gunpoint (actually a taser, but he didn't know that at the time). After he complied with their orders, he told them about his permit and the guns stored in his car, whereupon they searched his car repeatedly, looking for evidence of wrongdoing. After finding none, the officers actively discussed whether there might be
some charge they could lay against this "loser." They eventually settled on failing to inform, because, according to the
charging document, he gave notice 51 seconds after he was first accosted. He was never charged with any other crime, and was eventually acquitted, after being dragged through a vicious trial.
The requirement to submit to a warrantless, suspicionless seizure is likewise intolerable. A law enforcement officer already has broad authority to seize weapons in circumstances where he reasonably fears for his safety. This bill specifically authorizes officers to seize my handgun for any reason whatsoever, or for none at all, except that the law says he can.
The seizure of a handgun where there is no specific threat from the carrier does not improve safety -- quite the contrary, it makes it worse! Handling a gun unnecessarily introduces the risk of a negligent discharge, and leave the citizen defenseless.
Charlie Mitchener, a Las Vegas business owner, called police early one morning to report a break-in at his workplace. When he told the responding officer about his permit, she cuffed him, confiscated his gun, and went outside to stow it in her vehicle, leaving Mr. Mitchener alone and defenseless in a building that had not yet been cleared.
I can't support a bill with such awful intrusions on my liberty, and I can't fathom why they keep cropping up in so-called "Constitutional" carry legislation. I would gladly support the bill if they were removed.
