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house Bill H.R. 38

Letting People With Concealed Carry Permits Carry Their Gun In Other States & Improving Background Checks

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.

John.Nutt's Opinion
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05/05/2017
If you have a concealed carry permit then most of the time you are carrying that gun for your own protection. Given that you have that permit proves that you are a trusted gun owner who abides by the law.
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Sean's Opinion
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05/05/2017
Like the other nine amendments of the bill of rights the second amendment is absolute.
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Bill's Opinion
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05/05/2017
Law biding citizens should have every right to carry in every state with the proper permit from their home state. Anti-gun people have pushed their agenda without looking at statistics.
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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.

Erin's Opinion
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05/05/2017
Absolutely not. The states are supposed to have the right to decide for themselves, right? (And if you're guessing that I hold this opinion because I'm in favor of stronger gun control, you're right. I want mandatory licensing and training, with a requirement that licensing and training be repeated every few years. In other words, I think guns should be regulated the same way cars are regulated. If that were true, then I'd be OK with this one too.)
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Sol's Opinion
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05/05/2017
Hell no. I live in NYC after growing up in New Orleans and the sane gun laws here make it so much safer. On my recent visit to New Orleans someone got shot next me at a parade and the hotel security wore bullet proof vests and were armed. The lowest denominator theory is never how we should approach safety.
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Talene's Opinion
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05/05/2017
Absolutely not. If you want to carry a gun in a different state, get a permit in that state. Rules vary. States have the power here to choose their own rules.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
  • The house Passed December 6th, 2017
    Roll Call Vote 230 Yea / 198 Nay
      house Committees
      Committee on the Judiciary
      Crime, Terrorism and Homeland Security
    IntroducedJanuary 3rd, 2017

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What is House Bill H.R. 38?

(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.

Impact

People with concealed carry permits; states that allow concealed carry; and law enforcement.

Cost of House Bill H.R. 38

A CBO cost estimate is unavailable.

More Information

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:

Summary by Eric Revell
(Photo Credit: Alian Gear Holster / Creative Commons)

AKA

Concealed Carry Reciprocity Act of 2017

Official Title

To amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State.

    If you have a concealed carry permit then most of the time you are carrying that gun for your own protection. Given that you have that permit proves that you are a trusted gun owner who abides by the law.
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    Absolutely not. The states are supposed to have the right to decide for themselves, right? (And if you're guessing that I hold this opinion because I'm in favor of stronger gun control, you're right. I want mandatory licensing and training, with a requirement that licensing and training be repeated every few years. In other words, I think guns should be regulated the same way cars are regulated. If that were true, then I'd be OK with this one too.)
    Like (736)
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    Hell no. I live in NYC after growing up in New Orleans and the sane gun laws here make it so much safer. On my recent visit to New Orleans someone got shot next me at a parade and the hotel security wore bullet proof vests and were armed. The lowest denominator theory is never how we should approach safety.
    Like (405)
    Follow
    Share
    Absolutely not. If you want to carry a gun in a different state, get a permit in that state. Rules vary. States have the power here to choose their own rules.
    Like (331)
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    Like the other nine amendments of the bill of rights the second amendment is absolute.
    Like (296)
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    Law biding citizens should have every right to carry in every state with the proper permit from their home state. Anti-gun people have pushed their agenda without looking at statistics.
    Like (244)
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    Until there is a UNIVERSAL background check system in place, as well as training and licensing requirements, there should be no concealed carry OR open carry across state lines.
    Like (223)
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    Yes, a drivers license is valid in all states and it is not even a constitutional right.
    Like (170)
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    UPDATED: I really like the opinion given by Countable member "GrumpyMSgt"! ICYMI: "YES! Using liberal progressive logic we should have Universal Carry Care! And those folks that have pre-existing carry permits should have free permits for life. The second amendment actually guarantees this, unlike this bogus healthcare scam. Please show me where in the Constitution citizens are entitled to free healthcare. When the freebies break the bank we'll be like the Socialist utopia Venezuela where people are killing zoo animals for food, and there is no toilet paper." _____________________________ I agree with Sponsoring 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." A concealed carry permit should be valid ANYWHERE - just like a driver's license!
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    Yes, the 2nd Amendment grants us our rights to keep and bear arms and should not be infringed upon in any way. Reciprocity is important and simplifies matters for both gun owners and LEOs. Who's to determine what another citizen's from a different state rights are in another state? The 2nd amendment is a constitutional right. This is not a decision to be left to the states. The 2nd amendment is part of the Bill of Rights. Should we let the states decide if they want to limit the freedom of speech, press and religion? How about the rights of the accused?
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    While I may not like more people carrying guns, I think this should follow from the "full faith and credit" clause of the constitution.
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    As a responsible owner of firearms who has gone through the training to carry. I would love to see a well formulated national carry law.
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    If I can drive from state to state, I should be able to carry. This will make myself safer and those around me safer as well.
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    No way! Some states have stricter gun rights for a good reason. Undermining that is a bad idea. I can't imagine the chaos that would result from being in a state without concealed carry and suddenly seeing a gun in someone's bag. Besides, when you cross state lines, you have to follow all their other laws. This shouldn't be an exception.
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    Absolutely. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"
    Like (68)
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    Don't need more guns moving around, not being able to be kept track of. Could end up in the wrong hands
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    Absolutely not. The states are supposed to have the right to decide for themselves, right? (And if you're guessing that I hold this opinion because I'm in favor of stronger gun control, you're right. I want mandatory licensing and training, with a requirement that licensing and training be repeated every few years. In other words, I think guns should be regulated the same way cars are regulated. If that were true, then I'd be OK with this one too.)
    Like (65)
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    Yes if a person passes the required checks and has a concealed carry permit that should be good in every state.
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    Yes as long as they abide by the laws
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    The second amendment has nothing to do with American citizens carrying concealed weapons or any weapons in fact. It is about arming and maintaining the national guard. So-members of the national guard may carry them from state to state. Everyone else? No.
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