The carrying of concealed handguns in motor vehicles presents special challenges...

The carrying of concealed handguns in motor vehicles presents special challenges for both gun owners and law enforcement personnel. In the case of a routine traffic stop, the officer may or may not be aware that the driver is a CCW permit holder. Some states electronically file CCW permit information with motor vehicle records, while others have no capability to provide officers with permit information about a motor vehicle operator.

Obviously, an officer executing a routine traffic stop would prefer to be informed as soon as possible by the driver that he has a concealed handgun and a permit. Where I live, in Fairfax County, Virginia, county police issue a pamphlet to every CCW permittee containing some useful information--delivered in overwrought prose--about how to behave when approached by an officer. "Listen!" the pamphlet says. "Obey all of the officer's commands. Keep your hands clearly visible. Make every movement slowly. Verbally inform the officer of the location of the weapon and permit. Wait for specific instructions, and comply as directed. Do not touch the weapon." The pamphlet also assures that "the officer does not intend to offend you." Not to worry. I'd probably be more petrified than "offended."

The most important question a CCW permittee must face is under what circumstances may he legally fire his weapon. May he use his gun to defend himself, his family, his friend, a stranger and/or his property? Must he retreat in the face of deadly threat, as some state laws require, or may he stand his ground and fight, as other state laws permit?

It's quite obvious that state laws and court precedents differ widely between the nondiscretionary CCW states. The application of these laws and precedents may also differ within an individual state. The net result is that a CCW permit holder could quickly find himself in physical and legal jeopardy, even if he is the innocent victim of a criminal attack.

In general, all nondiscretionary CCW states allow the CCW permit holder to use deadly force in defense of his own life. Some states, such as Arizona and Florida, do not require the CCW permit holder to retreat in the face of a deadly threat. Other states, such as Arkansas and Virginia, require the CCW permit holder to make every reasonable effort to retreat from the threat and to only use deadly force when escape is impossible. Most states allow a CCW permit holder to use his gun to protect the life of any individual against a deadly threat. However, the use of a gun is generally not permitted in defense of private property, unless it is done in the process of protecting human life.

The question of protecting human life against a deadly threat leads inevitably to a discussion of the grim roll call of mass murders that have horrified the world over the past few years: 1991, Killeen, TX; 1996, Dunblane, Scotland; 1996, Tasmania; 1996, Moses Lake, WA; 1997, Pearl, MS; 1998, Jonesboro, AR; 1998, Springfield, OR; and 1999, Littleton, CO. The recent school shootings in Grundy, Virginia, and eastern Germany are merely somber additions.