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Thread: National Concealed Carry Reciprocity Bill Introduced in House

  1. #1
    Regular Member cowboyridn's Avatar
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    National Concealed Carry Reciprocity Bill Introduced in House

    I don't know if this has been posted but in case it has not.

    Last week House Representative Cliff Stearns (R-FL) introduced HR 822, a bill to provide for national reciprocity of concealed handgun licenses. The bill has bi-partisan support from co-sponsor Heath Shuler (D-NC).
    The bill reads as follows:
    To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.

    IN THE HOUSE OF REPRESENTATIVES

    Mr. STEARNS (for himself and Mr. SHULER) introduced the following bill;
    which was referred to the Committee on (blank)

    A BILL

    To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in 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 ‘‘National Right-to-Carry Reciprocity Act of 2011’’.

    SEC. 2. FINDINGS.

    The Congress finds the following:

    (1) The Second Amendment to the Constitution of the United States protects the fundamental right of an individual to keep and bear arms, including for purposes of individual self-defense.

    (2) The Supreme Court of the United States has recognized this right in the case of District of Columbia v. Heller, and in the case of McDonald v. City of Chicago, has recognized that the right is protected against State infringement by the Fourteenth Amendment to the Constitution of the United States.

    (3) The Congress has the power to pass legislation to protect against infringement of all rights protected under the Fourteenth Amendment to the Constitution of the United States.

    (4) The right to bear arms includes the right to carry arms for self-defense and the defense of others.

    (5) The Congress has enacted legislation of national scope authorizing the carrying of concealed firearms by qualified active and retired law enforcement officers.

    (6) Forty-eight States provide by statute for the issuance to individuals of permits to carry concealed firearms, or allow the carrying of concealed

    firearms for lawful purposes without the need for a permit.
    (7) The overwhelming majority of individuals who exercise the right to carry firearms in their own States and other States have proven to be law-abiding, and such carrying has been demonstrated to provide crime prevention or crime resistance benefits for the licensees and for others.

    (8) The Congress finds that preventing the lawful carrying of firearms by individuals who are traveling outside their home State interferes with the constitutional right of interstate travel, and harms interstate commerce.

    (9) Among the purposes of this Act is the protection of the rights, privileges, and immunities guaranteed to a citizen of the United States by the Fourteenth Amendment to the Constitution of the United States.

    (10) The Congress, therefore, should provide for national recognition, in States that issue to their own citizens licenses or permits to carry concealed handguns, of other State permits or licenses to carry concealed handguns.
    SEC. 3. 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:
    ‘‘§ 926D. Reciprocity for the carrying of certain concealed firearms‘‘

    (a) Notwithstanding any provision of the law of any State or political subdivision thereof, related to the carrying or transportation of firearms, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm, may carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State, other than the State of residence of the person, that—

    ‘‘(1) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or

    ‘‘(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.

    ‘‘(b) A person carrying a concealed handgun under this section shall be permitted to carry a handgun subject to the same conditions or limitations that apply to residents of the State who have permits issued by the State or are otherwise lawfully allowed to do so by the State.

    ‘‘(c) In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, a firearm shall be carried according to the same terms authorized by an unrestricted

    license or permit issued to a resident of the State.
    ‘‘(d) Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms.’’.

    (b) CLERICAL AMENDMENT.—The table of sections for such chapter is amended by inserting after the item relating to section 926C the following:

    ‘‘926D. Reciprocity for the carrying of certain concealed firearms.’’.

    (c) SEVERABILITY.—Notwithstanding any other provision of this Act, if any provision of this section, or any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this section and amendments made by this section and the application of such provision or amendment to other persons or circumstances shall not be affected thereby.

    (d) EFFECTIVE DATE.—The amendments made by this section shall take effect 90 days after the date of the enactment of this Act.

  2. #2
    Regular Member jpm84092's Avatar
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    I hope this has the votes necessary to over-ride the likely veto from the White House.
    My cats support the Second Amendment. NRA Life Member, NRA Instructor: Pistol, Rifle, & Personal Protection - NRA Certified Range Safety Officer, Utah BCI Certified Concealed Firearm Permit Instructor.
    "Permission Slips" from Utah, Pennsylvania, Nevada, Arizona, and Florida. _ Verily, thou shalt not fiddle with thine firearm whilst in the bathroom stall, lest thine spouse seek condolences from thine friends.

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    Campaign Veteran Flipper's Avatar
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    When in danger you can dial 911 and hope for the police to arrive a few minutes later armed with guns.
    Why do police carry guns?

    The Joyce Foundation funded firearm control empire:
    http://upload.wikimedia.org/wikipedi...lFundingR1.png

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    don't they try this every year?

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    They should have just stopped here:

    Quote Originally Posted by cowboyridn View Post
    To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in 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 ‘‘National Right-to-Carry Reciprocity Act of 2011’’.

    SEC. 2. FINDINGS.

    The Congress finds the following:

    (1) The Second Amendment to the Constitution of the United States protects the fundamental right of an individual to keep and bear arms, including for purposes of individual self-defense.

    (2) The Supreme Court of the United States has recognized this right in the case of District of Columbia v. Heller, and in the case of McDonald v. City of Chicago, has recognized that the right is protected against State infringement by the Fourteenth Amendment to the Constitution of the United States.

    (3) The Congress has the power to pass legislation to protect against infringement of all rights protected under the Fourteenth Amendment to the Constitution of the United States.

    (4) The right to bear arms includes the right to carry arms for self-defense and the defense of others.

    (5) The Congress has enacted legislation of national scope authorizing the carrying of concealed firearms by qualified active and retired law enforcement officers.

    (6) Forty-eight States provide by statute for the issuance to individuals of permits to carry concealed firearms, or allow the carrying of concealed

    firearms for lawful purposes without the need for a permit.
    (7) The overwhelming majority of individuals who exercise the right to carry firearms in their own States and other States have proven to be law-abiding, and such carrying has been demonstrated to provide crime prevention or crime resistance benefits for the licensees and for others.

    (8) The Congress finds that preventing the lawful carrying of firearms by individuals who are traveling outside their home State interferes with the constitutional right of interstate travel, and harms interstate commerce.

    (9) Among the purposes of this Act is the protection of the rights, privileges, and immunities guaranteed to a citizen of the United States by the Fourteenth Amendment to the Constitution of the United States.

    (10) The Congress, therefore, should provide for national recognition, in States that issue to their own citizens licenses or permits to carry concealed handguns, of other State permits or licenses to carry concealed handguns.
    SEC. 3. 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:
    ‘‘§ 926D. Reciprocity for the carrying of certain concealed firearms‘‘

    (a) Notwithstanding any provision of the law of any State or political subdivision thereof, related to the carrying or transportation of firearms, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm, may carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State, other than the State of residence of the person, that—

    ‘‘(1) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or

    ‘‘(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.

    ‘‘(b) A person carrying a concealed handgun under this section shall be permitted to carry a handgun subject to the same conditions or limitations that apply to residents of the State who have permits issued by the State or are otherwise lawfully allowed to do so by the State.

    ‘‘(c) In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, a firearm shall be carried according to the same terms authorized by an unrestricted

    license or permit issued to a resident of the State.
    ‘‘(d) Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms.’’.

    (b) CLERICAL AMENDMENT.—The table of sections for such chapter is amended by inserting after the item relating to section 926C the following:

    ‘‘926D. Reciprocity for the carrying of certain concealed firearms.’’.

    (c) SEVERABILITY.—Notwithstanding any other provision of this Act, if any provision of this section, or any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this section and amendments made by this section and the application of such provision or amendment to other persons or circumstances shall not be affected thereby.

    (d) EFFECTIVE DATE.—The amendments made by this section shall take effect 90 days after the date of the enactment of this Act.[/I]
    Last edited by KBCraig; 04-24-2011 at 12:34 AM.

  6. #6
    Regular Member oak1971's Avatar
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    I do not want Congress "regulating" my right to carry. To paraphrase Job, " The congress giveth and the congress taketh away....."
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    Quote Originally Posted by oak1971 View Post
    I do not want Congress "regulating" my right to carry. To paraphrase Job, " The congress giveth and the congress taketh away....."
    While I'd like to see Nationwide reciprocity, IF the Federal government has the Constitutional authority to approve national reciprocity through legislation and override States' rights, then at some point the Federal government could someday ban all permits to carry and the right to carry in States which do not require a permit in order to carry firearms.

    Even though I agree with the intent of this legislation, I don't believe Congress has the Constitutional authority to approve or deny our right to carry. We already have far too many laws passed by Congress which ignore the US Constitution.

    BTW, with the Heller and McDonald rulings, there should be no State laws which infringe on our RTKBA either, thus the only carry permit required should be the 2nd Amendment to the US Constitution.

  8. #8
    Regular Member GlockRDH's Avatar
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    Dont kid yourself..its not about reciprocity...its about federal control...

  9. #9
    Regular Member MKEgal's Avatar
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    If they could figure out some way to say
    "anyone who has not been convicted of a violent felony is hereby considered to be free
    to exercise her/his right to keep and bear arms in any of the United States, or its
    Territories, Posessions, or Commonwealths, in any manner that best suits the citizen,
    and no entity, govermental or private, may make or enforce a law or rule to the contrary."

    Gee, I guess I just did it for them!
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    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
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    She dresses herself with strength and makes her arms strong.

  10. #10
    Regular Member oak1971's Avatar
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    No. Still a bad idea. The Constitution is the only permit I need. I really don't even need that, the right to self defense is inherent to all men.
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    While I don't like federal interference, I do think this is a great bill if it passes. It works the same as the recognition of a drivers license by states other than yours. Your CCDW license will be required by other states that issue carry licenses. You would still have to abide by the laws and restrictions for the state you are visiting. Living within 5 minutes from 2 other states as I do is a good example. I regularly go into one or both in the same day. As long as I follow the individual laws for the state I am in at the time, I'm ok. Kentucky recognizes several states that don't return the favor, even if that state may have lesser requirement for licensure. This bill will help the license holder be safer from the criminals that don't even care about the laws of any state. It is helping the responsible and safe owners of arms. I hope it passes, and that it doesn't get repealed, or vetoed.

    Let the flames begin.

  12. #12
    Regular Member HandyHamlet's Avatar
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    With pleasure Sir.

    So I need a license to exercise my rights afforded to me by the Constitution of the United States of America?

    Uh... don't think so.
    Last edited by HandyHamlet; 04-28-2011 at 05:22 PM.
    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

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    Regular Member oak1971's Avatar
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    Quote Originally Posted by Mullannix930 View Post
    While I don't like federal interference, I do think this is a great bill if it passes. It works the same as the recognition of a drivers license by states other than yours. Your CCDW license will be required by other states that issue carry licenses. You would still have to abide by the laws and restrictions for the state you are visiting. Living within 5 minutes from 2 other states as I do is a good example. I regularly go into one or both in the same day. As long as I follow the individual laws for the state I am in at the time, I'm ok. Kentucky recognizes several states that don't return the favor, even if that state may have lesser requirement for licensure. This bill will help the license holder be safer from the criminals that don't even care about the laws of any state. It is helping the responsible and safe owners of arms. I hope it passes, and that it doesn't get repealed, or vetoed.

    Let the flames begin.
    Bull crap. It gives the Feds more power over what is a natural right. No way in hell do I want that. I don't even like the fact you have to go begging to your state to defend yourself, why would I want the Feds to have that power? Stupidity of the highest order.
    In God I trust. Everyone else needs to keep your hands where I can see them.

  14. #14
    Regular Member HandyHamlet's Avatar
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    Word home slice!

    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

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    Quote Originally Posted by Mullannix930 View Post
    While I don't like federal interference, I do think this is a great bill if it passes. It works the same as the recognition of a drivers license by states other than yours.
    No, the system we have right now is exactly like recognition of drivers licenses.

    Did you know that? There is no federal law that requires states to recognize other states' licenses to drive. They do so because they have entered into reciprocity compacts, which is in their best interest. Nothing mandates that they do so, however.

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    I know the federal gov didn't require the drivers license to be recognized. I am saying that the bill would make it similar, in that states that have CCDW would recognize other state licenses. You won't have to look into if your license is recognized by a state. If they have licenses then you just need to know the limits.

    The idiots out there that think the 2nd amendment is important and should be supported are many, and keep getting in office. At least there are some that back the idea and are doing what they can. This bill is one of them. If you don't agree... Fine. Just keep in mind that if the federal gov doesn't require states to follow the constitution, those states will keep restricting the basic liberties, through gun restriction and ban of CCDW or open carry. If they would all back the basic laws of the Constitution, we wouldn't be in this mess. But there are to many stupid restrictions at the state and local level, thus people like the Reps from my state are backing this bill.

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    I meant to say the idiots that don't think the 2nd is important. I hate auto correct.

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