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Things Girls Say On Their Period
He sent me a copy of his testimony and I wanted to share it with all of you. I am honored to call him my friend and I am thankful for his continued effort to fight for the rights of gun owners. Thank you for holding this hearing. My testimony is divided into three parts. The second, addresses legal and practical issues with Bill The third, explains why gun carry by trained responsible citizens is not only not a threat to public safety, but is an enhancement to public safety. Let me tell you a little bit about myself. When I moved into the District of Columbia I knew it outlawed handguns, and I knew that was inconsistent with the Second Amendment right to keep and bear arms. The Supreme Court decision known as District of Columbia v. Heller, a case in which I joined with Rich Heller and four other District residents confirmed the right to possess a functional firearm in the home. My comments here should not be considered as a litigation position in Palmer. My position in that litigation is ably represented by my attorney, Alan Gura. I applied for and obtained concealed carry permits in Virginia, Florida and Utah. I then attended a four day firearms course offered by a school in Nevada. My instructors have there have included active and retired police officers, Green Berets, and Marine Scout Snipers. In all I have some hours of formal firearms training, and average more than hours a year. I carried to the bank. I carried to the grocery store. A carried to the dog park. I even engaged in a lengthy discussion in the legal business we call it an argument with a fellow dog owner over the merits of gun carry. My gun did not jump out of its holster and fire by itself. I was not looking for trouble. I simply went about my business as normal. In short, I did what I exercised personal responsibility for my self-protection. It is a bill that will get innocent people killed, who need not die. If there was any doubt as to the degree of antipathy that members of this council hold gun owners and innocent victims of crime, it was resolved when some council members suggested making the identity of carry license holders public. What a poorly thought out idea. Publicize the names and addresses of stalking victims and persons facing threats of violence so that their stalkers and other persons looking to do them harm can more easily find them. I trust Chief Lanier has explained what an utterly dangerous idea that is. Let me be blunt. I implore you not to put innocent victims of stalking and crime at such risk. Bill does not address the key element of the decision in Palmer. Judge Scullin made clear that the Second Amendment right to carry arms is routed in self-defense. Each of the plaintiffs in Palmer stated their intent to carry a firearm for self-defense. Bill reminds me of how my home county in Virginia 11 years after Brown v. Peruta specifically invalidated the practice of the San Diego Sheriff of denying carry permits where citizens merely sought to carry a firearm for self-defense. In basing his decision on Peruta Judge Scullin has foreclosed the restrictive may issue policy contemplated by Bill To curtail a fundamental right you must have a legitimate compelling governmental interest, there must be a close fit between the means chosen to achieve that compelling governmental interest and you must use the least restrictive means to achieve the legitimate compelling governmental interest. I will grant you that preventing dangerous or irresponsible people from carrying guns in public could be considered a compelling governmental interest. You may think that citizens carrying guns in public is inherently a threat to public safety. You would be wrong as I will show you below. But more fundamentally that view is foreclosed by the Second Amendment itself which confirms that the right to carry a firearm cannot be infringed. Although I fully agree that persons who are victims of stalking or who have been threatened may be suitable persons to carry firearms for personal protection, the fact is that most criminal attacks happen without warning, certainly without sufficient warning for someone to jump though the hoops necessary to get a license under Bill My co-plaintiff Tom Palmer had no warning up until the time of the incident itself that a gay bashing mob would attempt to kill him. Having his firearm with him that day saved his life. Accordingly, to comply with Palmer you need to amend Bill to require the Chief to issue a carry license to an otherwise qualified individual unless the Chief has evidence that doing so would be a threat to public safety. Furthermore, as written, Bill contains numerous restrictions well outside the norm. For example, none of the six restrictive may issue states, California, Hawaii, Maryland, Massachusetts, New Jersey or New York prohibit permit holders from carrying a firearm on public transportation. Bill is an outlier in this regard. A bus is simply not a sensitive area, nor is a taxicab. And in all 50 states it is legal to carry a firearm into an establishment that serves alcoholic beverages. Some states such as Virginia prohibit a carry permit holder from consuming alcohol is such establishments. Others, such as Texas, prohibit carry into an establishment that receives more than 50 percent of its revenue from the sale of alcohol. But no state flatly prohibits carry into a restaurant serving alcohol as this bill proposes to do. The bill should be amended to bring it within the norm for other jurisdictions. The result of these sundry restrictions is to seriously eviscerate any benefit of self-protection to the mere few who might be able to convince the Chief to issue them a permit. Assume a single mother scraping to get by waitressing in a restaurant is being stalked by her ex-husband. She at least according to the Attorney General might get a permit. So she cannot carry to work and back. And even if she could get on public transportation, she cannot carry into her place of employment because it sells alcohol, even though she cannot and does not drink on the job. As Chief Lanier can tell you, stalkers lay in wait for their victims. Her stalker will know where she works, when she works, when she gets off, and most importantly of all, that she will be disarmed when she is going to and coming home from work. She will be an easy victim despite having a carry permit. The foot buffer zone from public protests, motorcades and political events contained in Bill is overbroad and irrational. The effective range of a handgun from even an experienced shooter is less than 50 yards. The buffer zone set forth in Bill is more than six times that distance. It is therefore substantially overbroad. Moreover, 5 given the necessary notice provision in the bill that requires an officer to recognize that a person is carrying a firearm and then to inform the license holder that he or she must leave the area, the provision is in reality meaningless. Since license holders will be carrying concealed, law enforcement personnel will not know that license holders are carrying their firearms. This provision should be stricken from the bill. Thus the bill seeks impermissibly to curtail the right to carry. Indeed, if you truly want to promote public safety and minimize violence, you need to take at least three steps. First, abolish the war on drugs and make them legal. I recently spoke with a retired homicide detective from Baltimore with more than 25 years on the job. You have taken the first step in terms of decriminalizing marijuana. Ultimately, as a society we need to see drug use and addiction as medical and psychological issues rather than legal issues. Second, improve the mental health system in this country so that seriously disturbed individuals are identified and treated before they become a threat to themselves and others. Each of these killers was seriously mentally disturbed but did not get the mental health treatment they needed. And I might point out, all but one acquired his weapons by passing a background check. That brings me to my third point, adopt a carry bill allowing all qualified law-abiding citizens to carry firearms for personal protection. The truth, however, is that they are the second responders. They arrive after the mugging. They arrive after the rape. They arrive after the murder. The actual first responder s are the intended victims and any witnesses in the immediate vicinity. Criminals look for victims who are easy prey; persons who cannot offer resistance. That is why women and the elderly are most at risk from street crime. Criminal attacks on the street generally happen rapidly. There is generally no time to call to stop the attack. We teach students situational awareness to avoid becoming a victim. The best fight is the one you avoid. Generally that has been the law in this country since the founding. There is generally no duty to retreat. However, there is no shame in running aware from a threat. I am a big fan of it. But there are times when you cannot avoid the attack. You cannot leave your spouse or child behind. You likely cannot run away if ambushed.
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