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Thread: Effect of Thune/Vitter National Reciprocity Act in licensed OC states?

  1. #1
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    Will the Thune/Vitter National Reciprocity Act allow me to OC in licensed OC states (MA, NJ, etc.)?

    http://www.govit.com/vote/congress.aspx?bill=2009-s-845

    Text of Legislation:

    S 845 IS

    111th CONGRESS

    1st Session

    S. 845

    To amend chapter 44 of title 18, United States Code, to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits, if the individual complies with the laws of the State.

    IN THE SENATE OF THE UNITED STATES

    April 21, 2009

    Mr. THUNE (for himself, Mr. BARRASSO, Mr. BEGICH, Mr. BENNETT, Mr. BROWNBACK, Mr. BURR, Mr. CHAMBLISS, Mr. COBURN, Mr. COCHRAN, Mr. CRAPO, Mr. DEMINT, Mr. ENSIGN, Mr. ENZI, Mr. GRAHAM, Mr. GRASSLEY, Mr. HATCH, Mr. INHOFE, Mr. ISAKSON, Mr. MARTINEZ, Mr. RISCH, Mr. ROBERTS, Mr. VITTER, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

    [line]

    A BILL

    To amend chapter 44 of title 18, United States Code, to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits, if the individual complies with the laws of the State.

    • Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.
    • This Act may be cited as the ‘Respecting States Rights and Concealed Carry Reciprocity Act of 2009’.

    SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.
    • (a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:


    ‘Sec. 926D. Reciprocity for the carrying of certain concealed firearms
    • ‘Notwithstanding any provision of the law of any State or political subdivision thereof:

      • ‘(1) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is carrying a valid license or permit which is issued pursuant to the law of any State and which permits the person to carry a concealed firearm, may carry a concealed firearm in accordance with the terms of the license or permit in any State that allows its residents to carry concealed firearms, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.

        ‘(2) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is otherwise than as described in paragraph (1) entitled to carry a concealed firearm in and pursuant to the law of the State in which the person resides, may carry a concealed firearm in accordance with the laws of the State in which the person resides in any State that allows its residents to carry concealed firearms, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.’.
      (b) Clerical Amendment- The table of sections for chapter 44 of title 18 is amended by inserting after the item relating to section 926C the following:

      • ‘926D. Reciprocity for the carrying of certain concealed firearms.’.
    SEC. 3. EFFECTIVE DATE.
    • The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.


  2. #2
    Regular Member TFred's Avatar
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    44Brent wrote:
    Will the Thune/Vitter National Reciprocity Act allow me to OC in licensed OC states (MA, NJ, etc.)?

    http://www.govit.com/vote/congress.aspx?bill=2009-s-845

    Text of Legislation:

    S 845 IS

    111th CONGRESS

    1st Session

    S. 845

    To amend chapter 44 of title 18, United States Code, to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits, if the individual complies with the laws of the State.

    IN THE SENATE OF THE UNITED STATES

    April 21, 2009

    Mr. THUNE (for himself, Mr. BARRASSO, Mr. BEGICH, Mr. BENNETT, Mr. BROWNBACK, Mr. BURR, Mr. CHAMBLISS, Mr. COBURN, Mr. COCHRAN, Mr. CRAPO, Mr. DEMINT, Mr. ENSIGN, Mr. ENZI, Mr. GRAHAM, Mr. GRASSLEY, Mr. HATCH, Mr. INHOFE, Mr. ISAKSON, Mr. MARTINEZ, Mr. RISCH, Mr. ROBERTS, Mr. VITTER, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
    [line]

    A BILL

    To amend chapter 44 of title 18, United States Code, to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits, if the individual complies with the laws of the State.
    • Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.
    • This Act may be cited as the ‘Respecting States Rights and Concealed Carry Reciprocity Act of 2009’.
    SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.
    • (a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:
    ‘Sec. 926D. Reciprocity for the carrying of certain concealed firearms
    • ‘Notwithstanding any provision of the law of any State or political subdivision thereof:
      • ‘(1) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is carrying a valid license or permit which is issued pursuant to the law of any State and which permits the person to carry a concealed firearm, may carry a concealed firearm in accordance with the terms of the license or permit in any State that allows its residents to carry concealed firearms, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.

        ‘(2) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is otherwise than as described in paragraph (1) entitled to carry a concealed firearm in and pursuant to the law of the State in which the person resides, may carry a concealed firearm in accordance with the laws of the State in which the person resides in any State that allows its residents to carry concealed firearms, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.’.
      (b) Clerical Amendment- The table of sections for chapter 44 of title 18 is amended by inserting after the item relating to section 926C the following:
      • ‘926D. Reciprocity for the carrying of certain concealed firearms.’.
    SEC. 3. EFFECTIVE DATE.
    • The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.
    Well once again this BB software totally butchered the "Quote" function... but anyway...

    Why would you think you can Open Carry because of this bill? Every provision clearly states "concealed".

    TFred


  3. #3
    Regular Member TFred's Avatar
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    Ugh, that butchered quote so distracted me... I understand your question better now... if a state requires a concealed license to open carry, can you open carry as a result of this newly legislated reciprocity.

    Much more interesting question than I first assumed. If you look carefully at the text, it does still say:

    "may carry a concealed firearm in accordance with the terms of the license or permit in any State that allows its residents to carry concealed firearms"

    If they left out that "concealed" then I would say yes the new reciprocity extends to any legal form of carry, but the bill seems to explicitly cover only concealed carry.

    Of course, IANAL, and I still think the conflicting text between the bill's summary and main text is going to give us problems, but what do I know.

    TFred


  4. #4
    Regular Member Huck's Avatar
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    TFred wrote:
    Ugh, that butchered quote so distracted me... I understand your question better now... if a state requires a concealed license to open carry, can you open carry as a result of this newly legislated reciprocity.

    Much more interesting question than I first assumed. If you look carefully at the text, it does still say:

    "may carry a concealed firearm in accordance with the terms of the license or permit in any State that allows its residents to carry concealed firearms"

    If they left out that "concealed" then I would say yes the new reciprocity extends to any legal form of carry, but the bill seems to explicitly cover only concealed carry.

    Of course, IANAL, and I still think the conflicting text between the bill's summary and main text is going to give us problems, but what do I know.

    TFred
    This bill may only cover concealed carry, but it's a start. "Before you can run, first you must learn to walk."
    "You can teach 'em, but you cant learn 'em."

  5. #5

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    Interesting question picked up by the antis on the Senate floor:

    Whether a law permitting concealed carry of a specific weapon in one state applies to allow the permit holder to carry that weapon in a state which prohibits possession of that weapon in that second state.

  6. #6
    Founder's Club Member - Moderator longwatch's Avatar
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    I would say the 'when in rome' principle would have applied. Restrictions on weapons would have to have been followed, as it is now with reciprocal states permits

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