Proof of competency to carry gun at issue

[buck00]

http://www.inrich.com/cva/ric/search.apx.-content-articles-RTD-2008-02-14-0167.html

Proof of competency to carry gun at issue

Under bill, a person who qualifies would never lose privilege

By JIM NOLAN
TIMES-DISPATCH STAFF WRITER
Del. Joseph P. Johnson Jr., D-Washington, told the story yesterday of a World War II veteran in his district who was honorably discharged in 1947 but was denied a concealed-weapons permit by a judge when he applied -- in 2007.

The judge, Johnson told the Senate Courts of Justice Committee, was reluctant to issue the permit to the elderly man given the time lapse, even though honorable discharge from the armed services is technically considered a competency qualifier for the permit.

Hence the reason for Johnson's House Bill 873 -- which proposes that once proof of competency is presented, it will never expire.

"He was out of the service for 60 years?" asked Sen. Richard L. Saslaw, D-Fairfax.

"I was discharged from the Army in 1958. I'm not qualified to use a gun," Saslaw added, unless qualifying to carry a weapon means "you can fog up a mirror and don't have a criminal record."

The committee voted to report the bill to the full Senate for consideration.

Two other House bills received more scrutiny from Senate committee members and members of the public attending the meeting.

The most contested measure was House Bill 820, sponsored by Del. David B. Albo, R-Fairfax. It would require jail and state corrections officials to ask people who are arrested whether they are legal residents of the U.S.

Opponents of the measure argued against immigration inquiries of people in custody before they have been convicted of a crime. Opponents also expressed concern that the measure would encourage profiling of suspects.

Senators approved the measure 13-2.

The committee also approved by an 8-7 vote a bill to eliminate the so-called "triggerman rule," which currently says that only the actual perpetrator of a capital murder is eligible for the death penalty.

House Bill 933, sponsored by Del. C. Todd Gilbert, R-Shenandoah, and companion legislation sponsored by Sen. Mark D. Obenshain, R-Harrisonburg, would allow prosecutors, under certain conditions, to also make accessories and principals in the second degree eligible for capital murder.

 

[I'm Thinking...]

I was honorably discharged from the Navy in 1988 (served just under 4 years active service). By way of the above-mentioned bill (assuming it becomes law), would said law (currently bill) thereby apply to me?

Aside from a couple of traffic and-such violations, I've not run afoul of the law since April of 1988.

 

[geekWithA.45]

There are two models here:

One model (A) primarily holds that public carriage of arms is the -right- of the peacable citizen, and that this right comes with the responsibility of competence.

The other model (B) holds that the public carriage of arms is a privilege of the peacable citizen, conditioned upon some sort of demonstrated competency.


The benefit of model A is that it is conformant with simple, undiluted truth: it is your right to be armed in public, and it is your responsibility to be competent.

The deficit of model B is that in attempting to quantify/qualify the conditions of model A, it innevitably gets away from it. As the judge points out, having been in the army 60 years ago has no bearing on one's current competence. The map is not the territory, and the yardstick is broken.

Fixing the yardstick will not fix the problem with model B.

 

[Eric F]

Rules are rules.

honorable discharge from the armed services is technically considered a competency qualifier for the permit

Should have not been an issue to start with.
I think that common sense should play a larger roll than it does.

 

[Neo-Luddite]

I love PA; because my state sucks (non-issue), they gave me a PA permit WITHOUT proving any ability on my part. It is awful that the citizen is denied a right because of age. If the fellow is a member of the VFW or American Legion they would probably go to bat for him.

 

[waterhouse]

unless qualifying to carry a weapon means "you can fog up a mirror and don't have a criminal record."

We can only hope . . .

 

[ceetee]

How many of our Founding Fathers had to show recent military service before arming themselves?

 

[koginam]

Back in the 90's in Washington state they tried to do make it a requirement to have training before you could have a pistol, lots of people were for it until they saw one clause in small print that said you had to take a state approved class, but that the state could not be sued if they didn't offer the class. It was beat by over 80% of the voters.

 

[Mannlicher]

From a philosophical stand point, there is no rationale for a 'competency' yardstick. A peaceable Citizen has a right to possess, and carry a firearm.
Now I do not dispute that a prudent citizen should, on his own, secure that training and instruction that would make him 'qualified', but I refuse to acknowledge that it should be law.

 

[Valkman]

In our CCW class Saturday was a very old gent who was at least in Korea. He shaked like heck holding those 1911's up but he qualified! I was happy as heck that he passed.