Gun Rights: Only Mop-Up Left
If you would have told me fifteen years ago that one day, 40 states would have "shall issue" laws on the books, I would have seriously questioned your sanity.
During the 1980s, crime was a huge issue and "experts" predicted an ever-worsening situation. There was a clamor to build more and bigger prisons to hold all the violent criminals. Not surprisingly, gun control had the political momentum.
An interesting thing happened in the mid-nineties--crime dropped precipitously almost over-night and everywhere in the country at the same time. Politic careers were made (Rudy Guiliani) and perserved (Bill Clinton). Police unions patted themselves on the back..
Steven Leavitt's Freakonomics attributes the drop in crime (and related drops in abortion, teen pregancies) to Roe v Wade legalization of abortion and the disappearance of a whole dysfunctional generation.
Regardless of what you attributed it to, crime ceased to be the political issue it once was and ironically, "shall issue" laws, originally argued as an affirmative response to violent crime, has found itself increasingly adopted for its inert character--basically nothing bad happens if you let law-abiding citizens carry weapons.
David Kopel at Volokh Conspiracy does an excellent job running down the state of "Shall Issue" laws in the country, noting that yesterday, Nebraska marked the 40th state to pass a "Shall Issue" law.
The pattern in almost all the states with Shall Issue laws has gone something like this: Initial discussions follow a predictable pattern, with proponents promising reductions in the crime rate, and opponents warning of Wild West shootouts. John Lott is discussed, pro and con, in infinite detail.Over time, the personal testimony of female Shall Issue advocates sways some legislators. Other legislators, looking at the experience of other states, conclude that Shall Issue is, at the least, harmless; the lurid and sweeping predictions of opponents have not come true anywhere. The more states that enact Shall Issue laws, the more that legislators in a hold-out states become open to the idea that Shall Issue is not dangerous. Ohio, Minnesota, and Michigan are examples of states which are not considered strongly pro-gun, and whose enactment of Shall Issue legislation was possible only because so many other states had acted previously. As the number of Shall Issue states rises, so does the possibility of enacting Shall Issue in the dwindling number of hold-outs.
Kopel considers that passage is likely in another three states. Wisconsin, Maryland and Rhode Island. After that, there is a distinct possibility that even what he calls the "Capricious Issue" states (states that delegate permit issue to law enforcement) could redeem themselves.
Read the whole thing.


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