Congress has reintroduced H.R.38, The Concealed Carry Reciprocity Act. The measure will allow people with a state-issued concealed carry license or permit to conceal a handgun in any other state that allows concealed carry, as long as the permit holder follows the laws of that state. It also allows residents of Constitutional carry states the ability to carry in other states that recognize their own residents’ right to concealed carry.

This bill establishes a federal statutory framework to regulate the carry or possession of concealed firearms across state lines.

Specifically, an individual who is eligible to carry a concealed firearm in one state may carry or possess a concealed handgun (other than a machine gun or destructive device) in another state that allows its residents to carry concealed firearms.

It sets forth requirements for lawful concealed carry across state lines. The bill preempts most state and local laws related to concealed carry and establishes a private right of action for a person adversely affected by interference with a concealed-carry right established by this bill.

The Concealed Carry Reciprocity Act presents a complex issue balancing the rights of gun owners with concerns about public safety and state sovereignty. Advocates argue it protects Second Amendment rights and ensures consistency, while opponents highlight potential risks to public safety and state autonomy.

For the Concealed Carry Reciprocity Act

Supporters argue the act would create a consistent legal framework for concealed carry across states, reducing confusion for permit holders who travel between states. It upholds the Second Amendment by allowing lawful gun owners to exercise their right to bear arms nationwide. The act would enhance public safety by allowing law-abiding citizens to protect themselves and others regardless of state boundaries. The act would ensure that concealed carry permits are treated similarly to driver's licenses, which are recognized across state lines, promoting fairness and consistency.

Rep. Richard Hudson (R-NC): “Our Second Amendment right doesn’t disappear when we cross state lines, and this legislation guarantees that. The Concealed Carry Reciprocity Act of 2017 is a common-sense solution to a problem too many Americans face. It will provide law-abiding citizens the right to conceal carry and travel freely between states without worrying about conflicting state codes or onerous civil suits.”

Former Rep. Liz Cheney (R-WY): “For too long, a patchwork of restrictive, confusing and constitutionally-suspect laws have restricted the rights of law-abiding firearm owners as they travel from state to state...The legislation provides reciprocity to gun owners with concealed carry permits, allowing them to travel and carry freely without having to worry that their permit won't be honored. The legislation also responsibly eases the restrictions regarding carrying firearms on federal lands including national parks and wildlife refuges."

Against the Concealed Carry Reciprocity Act

Opponents argue that the act undermines states' rights to set their own gun laws and regulations, infringing on state sovereignty. It could lead to increased gun violence, as it would allow individuals from states with lax permitting standards to carry concealed weapons in states with stricter regulations. Different states have different requirements for obtaining a concealed carry permit. Some states have rigorous background checks and training requirements, while others do not, leading to concerns about the lowest common denominator in safety standards. The act could complicate the work of law enforcement officers, who would need to navigate a patchwork of varying state laws and standards for concealed carry permits.

Former Senator Dianne Feinstein (D-CA) released the results of a GAO study she requested on concealed carry legislation that she claims underscores the dangers of gun reciprocity legislation introduced in the Senate: “The GAO report sheds new light on state policies and practices for issuing and revoking concealed carry permits. The findings confirm my long-standing view that legislation designed to force nearly every state to accept concealed carry permits issued by other states would put the lives of Californians and other Americans at risk. This kind of legislation is dangerous to law enforcement and harmful to the public. The expansion of these laws chips away at gun safety standards and undermines states’ rights. I hope that this report will lead Congress to soundly reject this misguided legislation. Concealed carry reciprocity legislation is opposed by major national law enforcement organizations including the International Association of Chiefs of Police and the Major Cities Chiefs Association.”

Should Congress pass H.R.38, the Concealed Carry Reciprocity Act, which would allow nonresidents of a state to carry firearms in states whose residents may carry concealed firearms?