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 June 28, 2019)
(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) reintroduced this bill from the 115th Congress 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."
The NRA-ILA supports this bill as a means of eliminating the "confusing patchwork of state carry laws." Chris W. Cox, the NRA-ILA's executive director, says:
“The current patchwork of state and local laws is confusing for even the most conscientious and well-informed concealed carry permit holders. This confusion often leads to law-abiding gun owners running afoul of the law when they exercise their right to self-protection while traveling or temporarily living away from home. Congressman Hudson’s legislation provides a much needed solution to a real problem for law-abiding gun owners... Law-abiding citizens should be able to exercise their fundamental right to self-defense while traveling across state lines. This is an extremely important issue to our members and we thank Congressman Hudson for leading the fight to protect our rights."
An op-ed in the expressed opposition to discussion about concealed carry reciprocity during the 113th 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."
In the current Congress, this bill has the support of 107 bipartisan cosponsors, including 105 Republicans and two Democrats. In the previous Congress, this bill had 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 had the support of 9 bipartisan cosponsors, including six Democrats and three Republicans.
Media:
- Sponsoring Rep. Richard Hudson (R-NC) Press Release
- NRA-ILA Press Release (In Favor)
- 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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