Concealed Carry Reciprocity Act - H.R.38

Summary

H.R. 38 provides concealed carry reciprocity for individuals with valid state issued permits or for residents of states with a right to constitutional concealed carry, and makes updates to the National Instant Criminal Background Check System. Specifically, the bill would allow law-abiding citizens to carry concealed only if they are not federally prohibited from possessing or receiving a firearm, are carrying a valid government-issued photo ID, and are lawfully licensed or otherwise entitled to carry a concealed handgun. The bill retains the ability of private individuals and state or local governments to restrict the possession of concealed firearms on certain property and clarifies that federal law enforcement officers (including retired and off-duty) are not subject to gun restrictions in federally-defined school zones. Federal judges are provided the same right to concealed carry as off-duty and retired federal law enforcement officers. Law enforcement officers are permitted to making a brief investigative stop if they have a reasonable suspicion that an individual is violating any law.

In addition, the legislation requires federal agencies to make annual reports and certification of compliant with the National Instant Criminal Background Check Systems (NICS) and provides penalties for failing to comply. Penalties include ineligibility for each political appointee of a federal department of agency not in compliance for bonus pay. The bill reauthorizes the NICS Improvement Act and increases records submissions assistance for states. In addition, the legislation requires the Attorney General (AG) to report to Congress within 180 days on the type of firearms that bump stocks can be used with, the number of instances of the use of bump stocks in the commission of a crime, and whether existing firearms penalties apply to the use of bump stocks. The AG shall report every 2 years on the improvements made to the NICS system and law enforcement shall be notified when a prohibited person received a firearm in error.  Authorized funding in the bill is offset.

Background

Existing state codes have created a confusing patchwork of reciprocity agreements for concealed carry permit holders. According to the bill’s sponsor, even the most careful and knowledgeable concealed carry permit holders find it difficult to navigate the current maze of state and local concealed carry laws.

In District of Columbia v. Heller (2008), the Supreme Court ruled that “the inherent right of self-defense has been central to the Second Amendment right,” which is “the individual right to possess and carry weapons in case of confrontation.”  In addition, Article IV, Section 1 of the Constitution states, “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.” This is the clause that allows a driver’s license to be recognized across state lines.

The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

• convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
• who is a fugitive from justice;
• who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
• who has been adjudicated as a mental defective or has been committed to any mental institution;
• who is an illegal alien;
• who has been discharged from the Armed Forces under dishonorable conditions;
• who has renounced his or her United States citizenship;
• who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
• who has been convicted of a misdemeanor crime of domestic violence.

The National Instant Criminal Background Check System, or NICS, streamlines the process of gun purchasing by weeding out those individuals who cannot purchase a firearm.  In 33 states or territories, the Federal Bureau of Investigation performs all background checks. In 12 states, officials set up their own state agencies to conduct background checks. In the remaining 9 states, the FBI and states share partial responsibility on conducting background checks.

Cost

 The Congressional Budget Office (CBO) estimate is currently unavailable for this legislation. However, the legislation authorizes $100,000 a year between 2018 and 2022, and provides offsets for such amounts.

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U.S. Representative Richard Hudson (NC-08) released the following statement after his bipartisan bill, the Concealed Carry Reciprocity Act of 2017 (H.R. 38), was scheduled for a House vote:

“An overwhelming majority of Americans support concealed carry reciprocity. Momentum, common sense, and the facts are on our side,” said Rep. Hudson. “I want to thank Speaker Paul Ryan for his strong support of the Second Amendment, and I urge my colleagues to support this common sense bill to protect law-abiding citizens.”

On Wednesday, November 29, H.R. 38 was reported favorably to the House by the House Judiciary Committee. This bill is one of the most important pro-Second Amendment measures in Congress, with some supporters saying it would be one of the greatest legislative advancements of our Second Amendment rights in history. Also today, the attorneys general of 24 states sent a letter to Congressasking representatives to support H.R. 38.

Currently, the patchwork of reciprocity laws and agreements between states is confusing and has caused law-abiding citizens like Shaneen Allen to unwittingly break the law and suffer arrest and detention. Even the most careful and knowledgeable concealed carry permit holders find it difficult to navigate the current maze of state and local concealed carry laws. H.R. 38 is a common sense solution. The bill, which is supported by major pro-Second Amendment groups and has 213 cosponsors, would allow law-abiding citizens with a state-issued concealed carry license or permit to conceal a handgun in any other state that allows concealed carry. It would also allow law-abiding residents of Constitutional carry states the ability to carry in other states that recognize their own residents’ right to concealed carry.

H.R. 38 would allow law-abiding citizens to carry concealed only if they are not federally prohibited from possessing or receiving a firearm, are carrying a valid government-issued photo ID, and are lawfully licensed or otherwise entitled to carry a concealed handgun. Each person would have to follow the laws of the state, county and municipality in which they are carrying concealed.

For a one-pager on the bill, click here. For a Q&A document, click here.

In District of Columbia v. Heller (2008), the Supreme Court ruled that “the inherent right of self-defense has been central to the Second Amendment right,” which is “the individual right to possess and carry weapons in case of confrontation.” This fundamental right does not stop at a state’s borders and law-abiding citizens should be able to exercise this right when crossing state lines. In addition, Article IV, Section 1 of the Constitution states, “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.” This is the clause that allows a driver’s license to be recognized across state lines.

Contrary to the misinformation critics spread, under H.R. 38, states would retain their authority to enact restrictions on where, when and how people can lawfully carry in the state. In addition, the bill would not make it any easier to buy a gun. It has nothing to do with the purchase of guns, it would not alter access to guns, and it would not change the federal law requiring background checks.

Critics are also wrong that H.R. 38 would arm criminals. If someone is prohibited from purchasing or possessing a firearm, nothing in this bill would allow that person to purchase or possess a firearm, let alone carry one in a concealed fashion. That is illegal and will remain illegal under H.R. 38. As a matter of fact, there is a specific provision in H.R. 38 that excludes any individual who is prohibited by federal law from “possessing, transporting, shipping, or receiving a firearm.” According to the ATF, the Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:

• convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

• who is a fugitive from justice;

• who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);

• who has been adjudicated as a mental defective or has been committed to any mental institution;

• who is an illegal alien;

• who has been discharged from the Armed Forces under dishonorable conditions;

• who has renounced his or her United States citizenship;

• who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or

• who has been convicted of a misdemeanor crime of domestic violence.

The American people understand these facts. That’s why an overwhelming majority of Americans support concealed carry reciprocity – 73% according to a recent New York Times survey.

(Rep. Richard Hudson Press Release)

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