2. Kayla Boparai and Jayme Medvid
CMN 323: Argumentation
17 November 2014
I. Introduction: Each state has its own status quo in regards to concealed carry laws
and these laws have provided benefits for law-abiding citizens. We are arguing against the
resolution that the federal government should ban concealed carry laws. Our stance is for
protecting law-abiding citizens who have the right in each of the fifty states to carry a concealed
firearm as a way to exercise self-defense in life threatening situations. Throughout our case, we
will provide evidence for why concealed carry laws are a beneficial aspect to the status quo
while also supporting the White House’s plan to strengthen and repair the current system. The
following reasons support our team’s stance in arguing against a federal ban on concealed carry
1. The process of obtaining a concealed carry permit is in need of a minor repair in
order to keep guns out of the wrong hands rather than enacting a federal ban that
takes away citizens’ rights.
2. Through loopholes in the marketplace and gun trafficking, criminals can illegally
obtain firearms, which can put citizens at risk.
3. Concealed Carry laws provide law-abiding citizens with a way to protect
4. Concealed Carry laws deter crime.
Response to the Harms and Inherency
1. The process of obtaining a concealed carry permit is in need of a minor repair in order to
keep guns out of the wrong hands rather than enacting a federal ban that takes away
A. In January 2014, the White House vowed to strengthen the federal background
check system and has been working with the Department of Human Health
Services to increase mental health awareness and funding. The federal
background check system is known as the National Instant Criminal Background
Check System (NICS). The National Instant Criminal Background Check System
is used to run background checks on those who buy guns from federally licensed
gun dealers to ensure a legal sale of a firearm.
1. The President has followed through and directed federal agencies to make
all relevant records available to the NICS. The White House has made
available over 1.2 million additional records of persons prohibited from
possessing firearms, a 23 % increase since January.
2. With the federal government releasing records of criminals to the national
instant background check system, convicted criminals will not be able to
legally purchase a weapon, therefore unable to apply for a concealed carry
weapons (CCW) permit.
3. 3. The Health Insurance Portability and Accountability Act (HIPAA) has
also proposed to release necessary information regarding mental health in
order to keep guns out of potentially dangerous hands.
4. Through these new initiatives of the federal government, obtaining a
concealed carry permit has become a more regulated process, which will
help keep guns out of the wrong hands.
i. Our opponents are suggesting that we eliminate the right for law-
abiding citizens to carry a concealed firearm; however, our
position intends to improve upon the existent system and grants
these citizens a right integral to our Constitution.
ii. The government can also increase the efficiency of this system by
providing proper training and methods of storing firearms so they
do not get into the wrong hands in someone’s personal home.
2. Through loopholes in the marketplace and gun trafficking, criminals can illegally obtain
firearms, which can put citizens at risk.
A. Criminals are ineligible for FOID (Firearm Owner’s Identification) cards and
concealed carry permits in all 50 states, so they are forced to illegally obtain
i. This can be done through straw purchases where someone who may not
legally acquire a firearm has someone, who will pass the background
check, buy it on their behalf.
ii. According to a 1994 ATF study on “Sources of Crime Guns in Southern
California,” many straw purchases are conducted in an openly
iii. Both parties should have to present identification and pass the necessary
checks in order to walk out of the store with the firearm.
B. NBC News reports that illegal gun purchases occur 30,000 to 40,000 times each
year among U.S. firearms retailers.
C. According to an October 2014 Al Jazeera article, Chicago police confiscated
7,000 illegal guns off the streets.
D. Majority of people involved in crimes have obtained their guns illegally
1. According to the Bureau of Justice, in 2004, among state prison inmates
who possessed a gun at the time of offense, less than 2% bought their
firearm at a flea market or gun show and 40% obtained their firearm
from an illegal source.
3. Concealed Carry laws provide law-abiding citizens with a way to protect themselves.
A. Innocent life can be harmed in the time it takes for police to respond.
B. According to the Bureau of Justice, In 2007-11, less than 1% of victims in all
nonfatal violent crimes reported using a firearm to defend themselves during the
1. Having concealed carry laws ensure permit-holders the right to carry a
concealed firearm, which would provide a form of self-defense in life-
threatening situations. While we live in an age of technology where cell
phones are within arm’s reach, a call to 911 does not translate to
4. immediate assistance. And due to lengthy police response times, this
measure of self-defense can prevent innocent life from being harmed.
C. The city of Detroit, Michigan sees considerably high crime rates, but the new
police chief James Craig believes that the city would be safer with more
firearms. According to a 2013 Wall Street Journal article, the Detroit police
department average response time to a scene of an emergency is 58 minutes while
the national average is close to 11 minutes. 11 minutes is comparably a favored
lapse of time, but in situations where one is gambling with seconds, waiting for
the police to respond may result in the loss or injury to one’s life. The Violence
Policy Center, a not-for-profit educational organization, analyzed data collected
from the FBI and the National Victimization Survey Data and found that there
were 230 justifiable homicides committed by private citizens in 2010. The FBI
defines a “justifiable homicide” as the killing of a felon, during the commission of
a felony, by a private citizen.
D. The average dispatch city-wide in Chicago last year was four minutes and twenty
nine seconds. This time was severely higher in more dangerous areas such as the
south side of Chicago.
E. In the time it takes dispatch units to reply to these emergencies, many innocent
lives can be lost instead of being able to protect themselves immediately upon the
threat with a concealed weapon.
4. Concealed Carry laws deter crime.
A. Providing law abiding citizens with the ability to carry concealed firearms after
qualifying for a permit creates a deterrent for criminals to commit crimes. Others
move on to crimes in which they don’t come into contact with victims and others
actually move to areas where they have less fear of being confronted by armed
B. The crime rate in Chicago has gone down 20% for burglary and 26% for auto
theft crimes since the increase of citizens with conceal carry permits, according to
the Washington Times.
C. According to a prominent American economist, professor at the University of
Chicago, and author of More Guns, Less Crime, John Lott says that concealed
handgun laws reduce violent crime because criminals are less certain in
determining the potential victims who can defend themselves.
1. John Lott wrote the book More Guns, Less Crime which studies the
relationship between crime and gun laws. He uses crime data from
thirty-nine states that covers 1977 through 2005. Lott states in an
interview, published by the University of Chicago, that criminals are
deterred by higher penalties. He observed that “there is a strong
negative relationship between the number of law abiding citizens with
permits and the crime rate--as more people obtain permits, there is a
greater decline in violent crime rate.”
Responses to Solvency
5. 1. A federal law banning law-abiding citizens’ rights to carry a concealed firearm
circumvents the authority of state governments.
A. Currently, concealed carry laws are determined by state governments and passing
a federal ban on concealed carry laws ultimately diminishes the effectiveness of
the state governments.
1. States have different crime rates and the status quo of gun ownership
changes as one crosses state borders, so state legislatures are the best
equipped to make laws regarding concealed carry.
2. All fifty states have amended their state constitutions to include a law to
allow for the carry of concealed firearms.
B. With Illinois being the last to join in 2013, the entire country has agreed that
concealed carry laws are necessary.
2. A federal law banning law-abiding citizens’ rights to carry a concealed firearm would not
be supported by the majority of Americans.
1. Laws should reflect the opinion of the people they will govern. Congress passes
laws to better the nation and the constituents of home states and districts.
1. According to a joint survey conducted in January 2013 by the New York
Times and CBS News, reports that two-thirds of Americans oppose a
nationwide ban on carrying a concealed firearm.
2. The same survey found that 54% of Americans think gun control laws
should be stricter than they are now which aligns with the White House’s
proposed plan to strengthen the federal background check system and
make necessary mental health records accessible for those who apply for
3. (Disadvantage) Banning the conceal carry of weapons would increase crime nation-wide.
A. States that have recently implemented conceal carry have seen a decrease in crime
B. Passing a federal law that takes away concealed carry rights will upset the
majority of American citizens.
C. Implementing a federal ban will require more funding for law enforcement
agencies and the Department of Corrections.
1. Currently, the penalties for illegally having a weapon are not as severe as
the affirmative team’s proposal to imprison concealed carriers for up to 10
2. On the contrary to what the affirmative team thinks, additional funding
will be required to house inmates who have been convicted of illegal
concealed carry. According to a 2012 study involving 40 states from the
Vera Institute of Justice, the annual average taxpayer cost for housing one
inmate is $31,286.
i. The Wall Street Journal reports that in 2012 about 8 million
people had concealed carry permits. Not only will these 8
million people have their rights retracted, but they will also
be subjected to the full extent of the law if they choose not
to abide by the ban.
6. D. Confiscating illegal weapons has not been sufficient in the past, so taking away
people’s weapons who own them legally will put them at a high risk to the
Rebuttal #1: Response to “an increase of encounters being escalatedin cases where
a person has a concealed firearm will result”
1. Our argument: The benefits of legally owning a firearm outweigh the negatives. The
amount of instances this happens is miniscule. There are much larger things to worry
about and there are flukes all the time.
A. The statistics of this actually happening are miniscule as opposed to the cases
where illegally owned firearms hurt or kill innocent lives.
B. According to the Bureau of Justice, 99% of people who were victims of a violent
crime with a firearm did not use a firearm to defend themselves during the
C. According to the Bureau of Justice, only 9.2% of all violence from 1993-2011
involved firearms. Of this 9.2%, only 1.2% of that was fatal.
i. This is data covering eighteen years and shows that
D. Gun-related homicide is most prevalent among gangs and during the commission
of felony crimes. In 1980, the percentage of homicides caused by firearms during
arguments was about the same as from gang involvement (about 70 percent), but
by 1993, nearly all gang-related homicides involved guns (95 percent), whereas
the percentage of gun homicides related to arguments remained relatively
constant. The percentage of gang-related homicides caused by guns fell slightly to
92 percent in 2008, but the percentage of homicides caused by firearms during the
commission of a felony rose from about 60 percent to about 74 percent from 1980
E. The affirmative team has a complaint of how the National Instant Background
Check System is an inadequate measure in the determination of who qualifies for
a permit; however, the Department of Justice and Department of Health and
Human Services (HHS) are collaborating with one another to close any loopholes
that might lead firearms to fall into potentially dangerous hands.
F. In a survey comprising of 15,000 police officers, more than 28 percent of officers
say having more permissive concealed carry policies for civilians would help
most in preventing large scale shootings in public. While 19 percent believe more
aggressive institutionalization for mentally ill persons would help more in large
scale public shootings.
Rebuttal #2: Response to “innocent people will be hurt due to inadequate and non-uniform
training if the ban is not implemented.”
1. Our argument: Innocent lives are affected already from criminals who carry weapons that
were illegally obtained.
7. A. The Bureau of Justice reports that people who illegally obtain weapons cause the
majority of the gun-related crimes in the United States.
i. In 2004, among state prison inmates who possessed a gun
during the time of the offense in which they were
arrested, 40 percent obtained it from an illegal source
followed by a family member or friend at 37 percent.
B. If someone, who legally owns a weapon, is involved in a gun-related crime, they
can be tracked down much easier than illegal owners and held responsible for
C. People are going to own guns whether it is legal or not, and we should not take
away the legality that provides us a database with information on gun owners.
D. U.S. News analyzed a study by criminologist Gary Kleck and professor of
criminal justice Jongyeon Tark where they examined whether the defensive use of
guns resulted in property loss, minor injury to a victim, or serious injury. They
found that injury resulted from self-protection with a gun in only 10 percent of
E. Just as the federal background check system needs to be strengthen, the firearm
safety and education training needs to be repaired. Improving these training
courses and making them mandatory in each state is an attainable mission.
i. Inadequate training is not cause enough to take away the right of a
law abiding citizen who has passed the proper qualifications to
carry a concealed firearm.
F. Law abiding citizens who hold concealed carry permits are able to exercise good
judgment as in the case of Joseph Zamudio, the man who tackled the shooter of
Representative Gifford in Arizona in 2011.
i. Joseph Zamudio heard shots while he was out shopping and ran
towards the noise to investigate since he legally carried his
automatic 9mm which offered him protection. He made a sound
judgment to tackle the shooter because that is what made more
sense in the situation.
Rebuttal #3: Response to “More citizens can feel safer knowing that the amount of
concealed firearms has been reduced.
1. Our argument: People feel safer knowing that there are more people out there with
concealed carry permits.
A. According to a joint survey conducted in January 2013 by the New York Times
and CBS News, reports that two-thirds of Americans oppose a nationwide ban on
carrying a concealed firearm.
B. The same survey found that 54 percent of Americans think gun control laws
should be stricter than they are now which aligns with the White House’s
proposed plan to strengthen the federal background check system and make
necessary mental health records accessible for those who apply for concealed
C. People know the amount of crime decreases with higher concealed carry rates.
8. D. People feel safer knowing there are more people with concealed carry permits out
i. According to a poll done by the Oregonian, a newspaper in
Oregon, over 80% of 654 anonymous respondents said they feel
safer knowing more may be carrying concealed weapons.
ii. b) Fewer than 19% said they felt less safe.
E. Criminals are less likely to commit crimes when there are more law-abiding
citizens with firearms.
F. A 2013 survey of 15,000 current and retired police officers found that 91.3%
support the concealed carry of guns by civilians. These police officers who are
surrounded by crime believe law abiding citizens will be safer with concealed
Rebuttal #4: Response to “Crime rates will be decreasedbecause of the reduced amount of
1. Our argument: Reducing the amount of firearms of law-abiding citizens has no relation to
the amount of crime decreased due to the fact that the overwhelming majority of crime is
committed with illegally owned weapons.
A. Chicago’s crime rate has gone done since the implementation of enforcing
i. According to the Washington Times, robberies are down 20%, motor
vehicle theft is down 26%.
ii. Also according to the Washington Times, the city’s homicide rate is at a
B. States that implemented "shall-issue" concealed carry laws reduced murders by
8.5%, rapes by 5%, aggravated assaults by 7%, and robbery by 3%, according to a
2000 analysis of FBI crime data by economist and political commentator John R.
Lott Jr., PhD. Lott calculated that 1,570 murders, 4,177 rapes, 60,000 aggravated
assaults, and 12,000 robberies could have been prevented between 1977 and 1992
if concealed carry had been legal in every US state during that time period.
C. A 2013 peer-reviewed study in Applied Economic Letters, found that between
1980 and 2009, "states with more restrictive carrying concealed weapons laws
had gun-related murder rates that were 10% higher."
D. Detroit Chief of Police Larry Craig said permitted concealed weapons are "a
deterrent," and "Good Americans with concealed permit licenses translates into
E. According to a 2014 report published by the Crime Prevention Research Center
(CPRC) which examines the violent crime rate in relation to the rising percentage
of the adult population with concealed carry permits, it finds that between 2007 to
2013, murder rates dropped by 22 percent at the same time that the adult
population with permits soared by 130 percent.
i. Violent crime also fell by 22 percent over that period of time.
Rebuttal #5: Response to “Federal Government would provide a uniform means of
controlling guns which in turn would reduce crimes.
9. 1. Our argument: The current system regulating gun control by state has been working for
the most part, so we should build upon the current foundation, but not eliminate the right
to carry a concealed firearm as a form of protection.
A. There are minor repairs that the federal government could do in order to reduce
the few problems we do have.
B. The federal government has a National Criminal Database that the states do not
currently have access to.
C. The federal government also has a database of people who have been admitted for
mental health problems that is also not accessible to states.
D. By providing states with this information, they could better regulate who they
issue conceal permits to which will in turn reduce the amount of crime committed
by concealed carry permit holders who should not have been issued a permit in
the first place.
E. States who have a high likelihood of having issues with this could also implement
further tests, such as a psychological evaluation for all applicants prior to issuing
a concealed carry license.
i. According to The New York Times, the gunman, 20 year old Adam Lanza,
was socially awkward and likely to have a mental illness had he been
ii. Had this been put into place earlier, several recent school shootings and
mass homicides could have been prevented.
iii. States could also implement a law for family members with mental
illnesses such as not issuing permits to people who live with someone who
is mentally ill or requiring certain restrictions for these people.
Block #1: Response to “Valid concealed carry permit holders have murdered people.”
1. In certain cases, this is true. According to Fox News, a Dallas man shot and killed a gun-
wielding man in an Orrville dollar store.
A. This happened when a man was committing an armed robbery and put the store
owner and the customers at gun-point.
2. According to the Crime Prevention Research Center, the Violence Policy Center reported
that between May 2007 to March 2014, there were 636 deaths at the hand of concealed
carry permit holders; however, 185 people died by committing suicide during 2007
through 2012 which is included in the 636 deaths.
A. Perhaps if there was more support and a conversation over mental health was
wider spread and less stigmatized, there would either be less permit holders with
mental illness due to more stringent background checks or permit holders who
have received more help and treatment in order to battle the daily challenge of
Block #2: Response to “concealed handgun increases the chances of a confrontation
escalating and people dying.”
10. 1. The statistics and studies show that violent criminals are able to access guns. Rather than
being victims, concealed handgun carriers have a sense of safety and security, especially
when going outside at night or in dangerous areas.
2. A study by criminologist Gary Kleck, PhD, concluded that "robbery and assault victims
who used a gun to resist were less likely to be attacked or to suffer an injury than those
who used any other methods of self-protection."
3. A peer-reviewed study published in the Journal of Criminal Law and Criminology found
that when someone draws a concealed gun in self-defense, the criminal retreats 55.5% of
Block #3: Response to “Police are here to protect people, not untrained, non-law
1. Arizona Sheriff Richard Mack was reported with syaing, "police do very little to prevent
violent crime. We investigate crime after the fact."
2. The Supreme Court has ruled more than once that police officers have no legal duty to
protect citizens from violent crime.
A. This ruling was given in 2005 after Jessica Gonzales, the mother of three girls
who were kidnapped and murdered by her estranged husband whom she had a
restraining order against, took her case to court. Her estranged husband, Simon
Gonzales, had called her to tell her that he had the girls, so she relayed the
information to the Denver police department. According to the New York Times,
they failed to act upon this information, and as a result three girls were murdered
by their father.
Block #4: Response to “Having a uniform federal law will decrease crime overall.”
1. States have different status quos which means that one uniform law will not fit every
state’s needs equally.
A. Illinois has one of the highest murder rates which is influenced by Chicago, so we
have stricter gun control laws where one is required to take training courses, pay a
fee, and pass a background check.
2. States who have had higher restrictions on gun control in the past actually showed higher
overall crime rates.
3. Criminals will still be out there and possess guns with or without federal regulation of
4. There are already federal regulations for gun control that have been implemented and are
enforced by every state.
A. The federal background check system, NICS, is required in shall permit and may
B. There is some leniency to let states choose certain aspects of these federal laws.
C. It is a federal right to own a gun.
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