Letting People With Concealed Carry Permits Carry Their Gun In Other States & Improving Background Checks (H.R. 38)
Do you support or oppose this bill?
What is H.R. 38?
(Updated July 30, 2021)
(Updated 12/4/17) This legislation was amended to also include the Fix NICS Act of 2017, which would look to ensure that government agencies comply with existing law and report criminal records to the FBI for inclusion in the National Instant Criminal Background Check System. A full summary of that section can be found below. The original portion of this bill — the Concealed Carry Reciprocity Act of 2017 — would allow individuals who have a concealed carry license to carry a concealed weapon in other states that grant concealed carry licenses as long as they abide by that state’s laws. Concealed carry license holders would still not be able to carry their weapons in states that don’t grant concealed carry licenses.
Concealed carry permit holders would be required to have their license or permit with them, in addition to a government-issued photo ID card, and be in compliance with the gun laws of the state they are in.
The Fix NICS Act would also penalize federal agencies that fail to report relevant criminal records to the FBI for inclusion in the NICS background check database, incentivize states to improve their reporting, and direct federal funds to ensuring that domestic violence records are reported. The bill would also require the Justice Dept. to study the use of "bump stocks" -- devices that increase the rate of fire of a semiautomatic rifle -- in the commission of a crime.
Argument in favor
This bill resolves a problem that many states and concealed carry permit holders had encountered and allows permit holders to abide by state laws without fear of prosecution.
Argument opposed
States have differing requirements for concealed carry permit holders to obtain their licenses, and traveling permit holders may not bother to comply with the law of states they visit.
Impact
People with concealed carry permits; states that allow concealed carry; and law enforcement.
Cost of H.R. 38
A CBO cost estimate is unavailable.
Additional Info
In-Depth: Sponsoring Rep. Richard Hudson (R-NC) introduced this bill to ensure that people who wish to obtain concealed carry permits can retain the ability to carry in other states as long as they comply with the laws of the state they’re in (as he did in the last session of Congress too):
"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."
An op-ed in the Huffington Post expressed opposition to discussion about concealed carry reciprocity during the last Congress:
"While I love Florida’s sunny beaches and beautiful wildlife, when it comes to firearm policy and the risk of being a victim of gun violence, we are much more likely to die there versus in Massachusetts and several other states that just make it a little harder for potentially dangerous people to carry concealed weapons. Congress should take note and refuse to mandate that states honor Florida’s notoriously dangerous gun policies."
The Concealed Carry Reciprocity Act has the support of 213 cosponsors in the House, including 210 Republicans and three Democrats. It passed the House Judiciary Committee on a 19-11 vote. The Fix NICS Act passed the Judiciary Committee on a 17-6 vote and has the support of 9 bipartisan cosponsors, including six Democrats and three Republicans.
Media:
- Sponsoring Rep. Richard Hudson (R-NC) Press Release
- House Judiciary Committee Press Release
- Breitbart
- Guns.com
- The Trace
- Huffington Post (Opposed - Previous Version)
- National Review (In Favor - Previous Version)
- NRA (In Favor - Previous Version)
(Photo Credit: Alian Gear Holster / Creative Commons)
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