Eleanor Finch
In 2021, Pennsylvania Governor Tom Wolf vetoed Senate Bill 565, which would have allowed constitutional carry in the state. Constitutional carry refers to the ability to carry a concealed firearm without a permit. Governor Wolf cited safety concerns as the primary reason for his veto, stating that it would exacerbate gun violence and jeopardize the safety of all Pennsylvanians. However, supporters of the bill argue that it is a fundamental right under the Second Amendment and that the current permit process is an unnecessary regulation for law-abiding citizens who have already passed background checks to purchase firearms. As of 2022, the bill has not been passed into law, but advocates on both sides anticipate future legal battles over guns in Pennsylvania.
| Characteristics | Values |
|---|---|
| Does Pennsylvania have constitutional carry? | No, Governor Tom Wolf vetoed Senate Bill 565, which would have made Pennsylvania a constitutional carry state. |
| What is the primary argument for constitutional carry? | The primary argument for constitutional carry is that it is a fundamental right under the Second Amendment of the United States Constitution and Article 1, Section 21 of the Pennsylvania State Constitution. |
| What is the primary argument against constitutional carry? | The primary argument against constitutional carry is that it would "exacerbate gun violence and jeopardize the safety of all Pennsylvanians." |
| How many states have constitutional carry? | As of 2021, 21 states have constitutional carry laws, with 43 states having right-to-carry laws. |
| What is the impact of constitutional carry on crime? | There is mixed evidence on the impact of constitutional carry on crime rates. One study found a lower level of assault and robbery offenses committed with firearms in constitutional carry states, while another study found an 11% higher rate of homicide in states without concealed carry licenses. |
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What You'll Learn
- Pennsylvania Governor Tom Wolf vetoed the constitutional carry bill
- The bill would have removed the requirement for a permit to carry a concealed firearm
- Proponents of the bill argue that it is an unnecessary regulation on gun owners
- Opponents argue that it would hinder law enforcement's ability to prevent dangerous individuals from carrying firearms
- Twenty-one other states have already repealed their concealed carry permit laws
Pennsylvania Governor Tom Wolf vetoed the constitutional carry bill
In his veto message, Governor Wolf stated that the bill would "'exacerbate gun violence and jeopardize the safety of all Pennsylvanians.'" He argued that removing the requirement for individuals to obtain a license and undergo a background investigation would hinder law enforcement's ability to prevent dangerous individuals from carrying hidden weapons. Governor Wolf's decision was supported by the Pennsylvania Chiefs of Police Association and the Pennsylvania District Attorneys Association, with no law enforcement organizations in the state backing the bill.
The primary sponsor of the bill, Senator Cris Dush, disagreed with Governor Wolf's assessment, stating that the veto made Pennsylvanians less safe. Dush argued that the current permit system creates unnecessary delays for law-abiding citizens who simply want to carry a gun for self-defense. He claimed that the right to bear arms is a fundamental right guaranteed by the Second Amendment of the US Constitution and Article 1 Section 21 of the Pennsylvania State Constitution.
The "constitutional carry" push gained momentum due to the increasing number of cities and towns attempting to adopt local gun ordinances, which gun rights supporters believe should be handled at the state level. While supporters of the bill argued that it would uphold Second Amendment rights and remove unnecessary regulations, opponents raised concerns about public safety and the potential for increased gun violence.
The veto of Senate Bill 565 by Governor Wolf highlighted the ongoing debate between gun rights advocates and those seeking stricter gun control measures in Pennsylvania. It also underscored the importance of the issue in the state's gubernatorial and legislative races, with gun ownership and control expected to remain a significant factor in future elections.
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The bill would have removed the requirement for a permit to carry a concealed firearm
In December 2021, Pennsylvania Governor Tom Wolf vetoed Senate Bill 565, which would have removed the requirement for a permit to carry a concealed firearm. The bill, sponsored by Senator Cris Dush, aimed to make Pennsylvania a "'constitutional carry' state," allowing lawful handgun owners to carry concealed firearms without a permit.
Governor Wolf's decision to veto the bill was based on safety concerns, arguing that allowing permitless concealed carry would "exacerbate gun violence and jeopardize the safety of all Pennsylvanians." He cited the importance of background checks and licensing requirements in preventing dangerous individuals from accessing concealed firearms. The Pennsylvania Chiefs of Police Association and the Pennsylvania District Attorneys Association shared his opposition to the bill.
Proponents of the bill, including gun rights advocates, argued that concealed carry permits are an unnecessary regulation for law-abiding citizens. They believe that the right to bear arms is a fundamental right, and some have suggested that background checks during firearm purchases are sufficient. Additionally, supporters pointed to data from states with constitutional carry, which indicated a lower level of assault and robbery offenses committed with firearms.
Currently, in Pennsylvania, individuals must possess a valid License to Carry Firearms (LTC) or a permit/license from a reciprocal state to carry a concealed firearm. The LTC permits are issued by the sheriff's office or the chief of police in cities of the first class, such as Philadelphia. The permit is valid for five years unless revoked and requires a clean background check, two character references, and an application fee.
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Proponents of the bill argue that it is an unnecessary regulation on gun owners
Pennsylvania Governor Tom Wolf vetoed Senate Bill 565, which would have allowed residents to carry a gun without a permit. Proponents of the bill argue that it is an unnecessary regulation on gun owners. They believe that the right to bear arms is a fundamental right and that obtaining a permit is an extra and unnecessary step for law-abiding citizens who have already passed a background check to purchase a gun. The background check regimen at the time of purchase would remain in place under the proposal.
State Rep. Aaron Bernstine, the lead sponsor of Pennsylvania's constitutional carry bill, said, "It's a duplicative process. Folks go through the exact same background check and the same process." He also pointed out that the wording in Pennsylvania's state constitution is clearer than the Second Amendment, with Article 1, Section 21 stating, "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."
Senator Cris Dush, the primary sponsor of Bill 565 in the Senate, argued that permitless carry, or constitutional carry, is a fundamental right of all Pennsylvanians under the Second Amendment of the United States Constitution and Article 1 Section 21 of the Pennsylvania State Constitution. He also noted that, under current state law, Pennsylvanians can open carry in most of the state, with Philadelphia being the only exception.
Val Finnell, the Pennsylvania director for Gun Owners of America, expressed a similar sentiment, stating, "If this is indeed a constitutional right, as long as you do not intend to use your firearm to commit a crime or you're not a prohibited person otherwise, you should be able to carry without seeking the government's permission first."
Proponents of the bill also argue that it would allow people to carry a gun more quickly in case of an emergency. In Pennsylvania, sheriff's departments aim to issue concealed handgun permits within 45 days of meeting the requirements, but this timeframe may not be fast enough in urgent situations. Additionally, they highlight the cost savings associated with eliminating the need for a license, as permit fees can vary significantly across states.
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Opponents argue that it would hinder law enforcement's ability to prevent dangerous individuals from carrying firearms
Opponents of the constitutional carry bill in Pennsylvania argue that it would hinder law enforcement's ability to prevent dangerous individuals from carrying firearms. Governor Tom Wolf vetoed the bill, citing public safety concerns and stating that it would "exacerbate gun violence and jeopardize the safety of all Pennsylvanians." The bill aimed to eliminate the requirement for a special permit to carry a concealed firearm, which opponents argue is crucial for ensuring that individuals undergo background checks and are fit to carry a weapon.
The Pennsylvania Chiefs of Police Association and the Pennsylvania District Attorneys Association, along with other law enforcement organizations in the state, oppose the bill. They argue that removing the licensing requirement will make it challenging for law enforcement to identify and prevent individuals who should not have access to firearms, such as domestic abusers and dangerous criminals, from carrying concealed weapons. They also point to statistics indicating an 11% higher homicide rate in states without concealed carry licenses compared to those with licensing requirements.
However, supporters of the bill, including gun rights advocates, argue that the current permitting process is redundant and burdensome for law-abiding citizens who have already passed background checks when purchasing firearms. They believe that the right to bear arms is a fundamental right protected by the Second Amendment and that additional licensing requirements are unnecessary. Some also argue that the permitting process can be slow and costly, creating challenges for individuals who need immediate access to a firearm for self-defense.
While the constitutional carry bill in Pennsylvania was vetoed, the debate around gun control and the role of government regulation continues. Opponents of the bill emphasize the potential risks to public safety, while supporters argue for the protection of constitutional rights and the removal of unnecessary hurdles for responsible gun owners. The balance between ensuring public safety and upholding the right to bear arms remains a complex and ongoing discussion in Pennsylvania and other states across the nation.
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Twenty-one other states have already repealed their concealed carry permit laws
Pennsylvania does not currently have constitutional carry. Governor Tom Wolf vetoed Senate Bill 565 in December 2021, which, if passed, would have made Pennsylvania the 22nd state to enact constitutional carry. The bill sought to end the requirement of a special permit to carry a gun concealed on one's person or in a car.
Supporters of the bill argue that the Second Amendment of the United States Constitution and Article 1 Section 21 of the Pennsylvania State Constitution protect the right to bear arms without the need for a permit. They claim that the current permitting process is an unnecessary regulation on gun owners, who have often already passed a background check when purchasing their firearm. The bill's supporters also argue that the early data from the 21 states with constitutional carry shows no significant increase in crime.
Opponents of the bill, including Governor Wolf, argue that allowing concealed carry without a permit would "exacerbate gun violence and jeopardize the safety of all Pennsylvanians." They point out that removing the licensing requirement would hinder the ability of law enforcement to conduct background investigations and prevent dangerous individuals from obtaining firearms. Governor Wolf also noted that states without concealed carry licenses have an 11% higher rate of homicide than those that require a license.
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Frequently asked questions
In 2021, Governor Tom Wolf vetoed Senate Bill 565, which would have made Pennsylvania the 22nd state to enact permitless carry of a concealed firearm.
The "constitutional carry" push is a counter-offensive by gun rights supporters due to the growing number of cities and towns adopting new local gun ordinances.
The primary argument for permitless carry is that it is a fundamental right of all Pennsylvanians under the Second Amendment of the United States Constitution and Article 1 Section 21 of the Pennsylvania State Constitution.
The primary argument against permitless carry is that it would "exacerbate gun violence and jeopardize the safety of all Pennsylvanians."
The Supreme Court's ruling has no immediate impact on Pennsylvania's laws, but gun rights advocates believe it may open the door to ending concealed-carry licensing in the state.
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