Posted: 4/19/2007 5:13:16 AM EDT
[#21]
In 1998 and again in 1999, the Violence Policy Center, a research organization opposed to concealed carry, released reports highlighting the numbers of Texas' concealed carry licensees who have been arrested since the law went into effect. Using Texas Department of Public Safety records, the center pointed out that Texas licensees had been arrested for nearly two crimes a day through 1998 - with more than one arrest each month for a violent crime.
In isolation these numbers paint a troubling picture. However, the reports are misleading for several reasons. First, they do not separate crimes that involve concealed weapons from those that don't. In addition, they ignore the fact that more than 55 percent of licensees arrested for violent crimes are cleared of the crimes for which they are arrested. Most tellingly, when the arrest rates of Texas' concealed carry holders are compared with those of the general population, licensees are found to be more law-abiding than the average person.
In an unpublished report, engineering statistician William Sturdevant found that concealed carry licensees had arrest rates far lower than the general population for every category of crime. For instance:
* Licensees were 5.7 times less likely to be arrested for violent offenses than the general public - 127 per 100,000 population versus 730 per 100,000.
* Licensees were 14 times less likely to be arrested for nonviolent offenses than the general public - 386 per 100,000 population versus 5,212 per 100,000.
* Further, the general public is 1.4 times more likely to be arrested for murder than licensees [see Figure I], and no licensee had been arrested for negligent manslaughter.
This is unsurprising, since the standards for getting a concealed carry license in Texas are the strictest in the nation. One must be at least 21 years of age, submit a photo and fingerprints for a background check, pay a $140 fee and take ten to fourteen hours of coursework. In addition, applicants must pass both a written test covering laws pertaining to deadly force and gun safety and a shooting accuracy test. Even with all of these hurdles, more than 200,000 Texans have received concealed carry permits.
Shootings involving licensees are rare. However, most permit holders who have wounded or killed purported assailants have not been arrested because the authorities have determined that the shootings were justified. For instance:
* Licensee Jim Eichelberg ended James Turner's brief crime spree when, in an exchange of gunfire, he shot Turner as Turner tried to carjack Eichelberg at gunpoint. Earlier, Turner had robbed another driver.
* In 1996, licensee Becky Shelton shot and killed a man who was attempting to rob and shoot her husband in their Richardson jewelry store.
Of the concealed carry licensees who have been arrested for a murder, several have been no-billed by grand juries that determined the killings were lawful. Gordon Hale III was the first Texas licensee to kill an assailant using his concealed firearm - and the first licensee arrested. Hale had been involved in a minor noninjury traffic accident that turned into an assault when the other driver, Kenny Tavai, punched Hale repeatedly in the face and then attempted to drag him out of his car through the window. Hale fired his weapon in response, killing Tavai. The Dallas district attorney's office charged Hale with murder for using what it considered excessive force in defending against Tavai. The grand jury believed that Hale justifiably feared for his life and refused to indict him.
Of the six licensees who were arrested for murder or nonnegligent manslaughter and brought to trial, twice as many (four) were found to have acted in self-defense as were found guilty of murder (two).
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