National Defense Authorization Act For Fiscal Year 2010

Floor Speech

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010 -- (Senate - July 16, 2009)

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AMENDMENT NO. 1618

Mr. THUNE. Mr. President, I have an amendment that I send to the desk and ask for its immediate consideration.

The PRESIDING OFFICER. The clerk will report.

The legislative clerk read as follows:

The Senator from South Dakota [Mr. THUNE] for himself, Mr. VITTER, Mr. ENZI, Mr. BARRASSO and Mr. COBURN, proposes an amendment numbered 1618.

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Mr. THUNE. Mr. President, the amendment that I bring to the Senate this evening is very simple. It ties into the debate that was just held about hate crimes legislation. One of the ways you can obviously prevent crimes from happening is to make sure that people are able to defend themselves against violent crimes. My amendment would do just that.

My amendment is simple. It allows individuals the right to carry a lawfully concealed firearm across State lines, while at the same time respecting the laws of the host State.

This amendment is similar to my bipartisan stand-alone bill S. 845, which currently has 22 cosponsors.

The second amendment provides, and the Supreme Court held in Heller last summer, that law-abiding Americans have a fundamental right to possess firearms in order to defend themselves and their families.

Studies have shown that there is more defensive gun use by victims than there are crimes committed with firearms.

As such, I believe that a State's border should not be a limit on this fundamental right and that law-abiding individuals should be guaranteed their second amendment rights without complication as they travel throughout the 48 States that currently permit some form of conceal and carry.

While some States with concealed carry laws grant reciprocity to permit-holders from other select States, my amendment would eliminate the confusing patchwork of laws that currently exists.

This amendment would allow an individual to carry a concealed firearm across State lines if they either have a valid permit or if, under their State of residence, they are legally entitled to do so.

After entering another State, an individual must respect the laws of the host State as they apply to conceal and carry permit holders, including the specific types of locations in which firearms may not be carried.

Reliable, empirical research shows that States with concealed carry laws enjoy significantly lower violent crimes rates than those States that do not.

For example, for every year a State has a concealed carry law, the murder rate declines by 3 percent, rape by 2 percent, and robberies by over 2 percent.

Additionally, research shows that ``minorities and women tend to be the ones with the most to gain from being allowed to protect themselves.''

The benefits of conceal and carry extend to more than just the individuals that actually carry the firearms.

Since criminals are unable to tell who is and who is not carrying a firearm just by looking at a potential victim, they are less likely to commit crimes when they fear that they may come in direct contact with an individual who is armed.

This deterrent is so strong that a Department of Justice study found that 40 percent of felons had not committed crimes because they feared the prospective victim was armed.

Additionally, research shows that when unrestrictive conceal and carry laws are passed, it not only benefits those who are armed, but also others like children.

My amendment, in comparison to others being debated in the Senate, would actually empower individuals to protect themselves before they become victims of a crime, instead of just punishing the perpetrators afterwards.

A great example of this occurred earlier this month. Stephen Fleischman is a 62-year-old jewelry salesman from Mobile, AL, who often travels for business.

On his recent business trip to Memphis a group of four men, two of whom were armed, confronted him in a parking lot and tried to take his merchandise.

Instead of becoming a victim, Mr. Fleischman, who was legally concealing his firearm, was able to pull his weapon and protect himself and his merchandise from the four attackers.

Who knows what would have happened to Mr. Fleischman or his jewelry if he was traveling in South Carolina or any of the other 27 States with which Alabama does not have reciprocity agreements.

My amendment would alleviate this problem, and I hope when we return next week and we have an opportunity to debate this amendment and to vote upon it, my colleagues will support it because I believe it is an important tool for safety, for self-defense, and it is consistent with our tradition in this country of respect of second amendment rights, allowing American citizens the opportunity and the right to defend and protect themselves.

I yield the floor.

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