General

Day 1: Congress Introduces National Concealed Carry Reciprocity

Recently, The Shooter’s Log posted an article from the newly reformed Second Amendment Caucasus in Congress. We asked for your input as to what you think it should focus on, and the legislation you would like to see passed. Overwhelmingly, readers commented on the need for legislation creating a national reciprocity. Fortunately, we can report that our readers are not the only ones with this topping their agenda.

Blackhawk Check Six holster
The Check Six rides at a good angle for concealed carry and offers a sharp draw for those that practice.
On the first day of the 115th Congress, Representative Richard Hudson (R-NC) introduced national concealed carry reciprocity legislation. This is a far cry from an actual law, but the fact that it is making its debut so early in the legislative year is promising to millions of self-defense enthusiasts. Best of all, the proposed legislation covers Constitutional carry.

Rep. Hudson’s office published this summary of the legislation: “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. As a member of President-elect Trump’s Second Amendment Coalition, I look forward to working with my colleagues and the administration to get this legislation across the finish line.” Rep. Hudson’s bill, which is supported by major pro-Second Amendment groups, would allow people with a state-issued concealed carry license or permit to conceal a handgun in any other state that allows concealed carry, as long as the permit holder follows the laws of that state. It also allows residents of Constitutional carry states the ability to carry in other states that recognize their own resident’s right to concealed carry.

The Legal Language

Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (b)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying 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 or is entitled to carry a concealed firearm in the State in which the person resides, may possess or 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 that— ‘‘(1) has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or ‘‘(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes

Problem

Your driver’s license works in every state, so why doesn’t your concealed carry permit? Just like your privilege to drive, your Second Amendment right does not disappear when you cross state lines. However, conflicting state codes have created a confusing patchwork of reciprocity agreements for concealed carry permit holders.

The Computer Ostritch bag, $299, has a padded laptop compartment, divider with built-in pen, cellular phone and cardholders, and an adjustable and removable cross-body shoulder strap. The oversized main compartment holds personal items. It has a separate concealed carry compartment with removable adjustable holster (shown) included.
With a National Reciprocity law, men and women across the nation would be able to exercise their Second Amendment right to self-defense whether at home or abroad.
Without nationwide reciprocity, a North Carolina resident cannot travel to Delaware without having to reroute their trip to avoid driving through Maryland. In addition, a Pennsylvania resident who is a concealed carry permit holder consistently worries about making a wrong turn, ending up in New York, and breaking the law.

Even the most careful and knowledgeable concealed carry permit holders find it difficult to navigate the current maze of state and local concealed carry laws.

Many Americans utilize concealed carry as their Constitutional right to self-defense, and we must guarantee that right is not infringed upon.

Solution

To ensure that our Second Amendment right does not disappear when we cross state lines, Rep. Richard Hudson (NC-08) introduced the Concealed Carry Reciprocity Act of 2017 with strong support by major pro Second Amendment groups. This legislation will:

  • Ensure that valid concealed carry permits issued in one state are valid for carrying concealed handguns in other states that recognize their own resident’s right to concealed carry;
  • Allow those from constitutional carry states the ability to carry in other states that recognize their own resident’s right to concealed carry;
  • Put the burden of proof clearly on the state to show that an individual carrying concealed did not comply with the law, thus protecting law-abiding gun owners from onerous civil suits;
  • Provide legal protections against states that violate the intent of this bill, making attorney’s fees and damages available to victorious plaintiffs in civil suits, as well as to defendants who prevail in criminal cases; and
  • Allow individuals who are carrying concealed to do so in the National Park System, National Wildlife Refuge System, and on lands administered by the Bureau of Land Management, Army Corps of Engineers and Bureau of Reclamation.

Each state retains the authority to determine regulations for carrying within their borders, as well as for the carry permits or licenses that are issued under their law.

This legislation prioritizes the rights of law-abiding citizens to concealed carry and the ability to travel freely between states without worrying about conflicting state codes.

Will Representative Hudson’s new proposed legislation become law this year under the new Congress and President? What changes would you like to see to the bill? Share your answers in the comment section.

[dave]

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Comments (160)

  1. As an NRA Range Safety Officer I have seen the results of those who come in to get their permit and barely pass the proficiency part of the test, then after getting their permit do not return to the range until they need to re-qualify 5 years later…As a commercial driver I view drivers licenses very similar, as most states do not make you take the behind the wheel ever again and I see the results of that daily thru my windshield…That being said, I do agree that reciprocity is a good idea, BUT it should have some reasonable limitations as to proficiency. After all the last thing we as gun owners need is Rambo-wanna-be’s who do not take the time to train out there making mistakes that portray those of us who are willing to dedicate the time in a bad light. Anymore than we would want states to issue drivers licenses to anyone who wants one…

    1. Where I do believe you make good points the truth of the matter is you can’t legislate stupid. I also have a CDL and drove semi’s and oversize truck mounted heavy lift cranes. Bad drivers are NOT weeded out through the CDL system any better now than when I started driving in 80’s. The results of the system have not been to improve drivers skills but to create a database of drivers records. My question is what is worse, a driver with 80000lbs of potential wreck under his butt or a reasonably responsible CC person who, despite you efforts to classify as a Rambo, simply carries to feel more secure. If the reality of these untrained ‘Rambo’s’ ever materialized then your point might be meaningful. Methinks because you consider yourself an elite shooter and that others don’t carry the same respect for firearms you do, is simply wrong thinking. Check the msm news feeds… I have never seen any Rambo wanna be’s hit the news unless you count the Constitutional carry types that carry their AR’s down city streets. All legal mind you, even if not the most intelligent thing to do. Worrying about the sky falling is counterproductive.

    2. Either it is a Right or not. “Rights” do not have qualifiers. As to training; It has been noted “All training and the Generals plans go out the window when that first bullet goes past you on the battlefield. -OR- One can shoot every week at the range, even off hand to 300 yards on a deer’s vitals sized target; BUT when that gray ghost of a deer appears out of nowhere and does things that target does not do, in the excitement of that moment all that target shooting becomes worthless. Train all you want BUT only the cold of experience will steady one’s hand at that moment and the vast majority of folks will never have that, thank God.

  2. I interpret this as meaningless legalspeak. The driver’s license universality comes at a cost however; a national database. CC should be subject to this same type of information collection system. That would be treading on thin national registration ice. Beware what we wish for and don’t fall for the first thing to come along. It IS a first step….maybe, but is it in the right direction?

    1. The important thing about legalese is that EVERY word has a meaning, no matter how insignificant the word seems. In my previous post I omitted ( neglected to include) a very short but extremely important word which changes the entire meaning of the sentence, that word; not. The sentence I reference, with omitted word included, is; “CC should (not) be subject to this same type of information collection system”.
      Proofreading is important.

  3. I originally wrote this in response to Mark Bradley, but have since decided to post in the general area to share with others. I took a closer look at the law since my first posts and realized the following:

    Technically the wording of the law seems it will also allow for permits acquired from other States than the one you reside. Allow me to break it down…

    The law clearly specifies you may have a “license or permit” from “a State”. The wording “a State” indicates any State and therefore doesn’t specify which State, as in:

    “a person… who is carrying 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…”

    Thereafter the law continues with an “or” statement, rather than using the word “and”. This is an important distinction because the specific use of the word “or” as opposed to “and” is intentionally meant to function as an option to either method rather than making both elements a requirement together, as in:

    “…or is entitled to carry a concealed firearm in the State in which the person resides…”

    The rest of the law concludes with what a person is legally allowed to do if they properly comply with either option:

    “… may possess or 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…”

    The law was actually quite brilliantly written.

  4. we need the right to carry back and forth to work, but keep in our car, and not worry about losing our jobs over it. I use to drive through very bad areas at night to go to work. in tennesee, your car is a extention of your home. and other states you have the right, but not illinois, and others, this needs changed

  5. not good enough, we need to get rid of the “permits” altogether, they are an infringement and to require them is ILLEGAL…we already have the right to carry, and it is none of any ones business how we carry, it is our RIGHT. we have the right to carry open or concealed anywhere within the borders of the U.S. that we wish, and we DO NOT need a “permit” to do so, PERIOD…

  6. Half of the state of Kalifornia is under communist-like control by the Southern Kalifornia Demotards and Libertards. There corruption drives the fears of armed citizens and now threatening to secede from the United States. This treasonous activity should be met with federal actions. Northern California would like to secede from this communist control and I applaud there thinking.

    Living in Kalifornia severely impacts second amendment rights of law abiding citizens including a list of allowed firearms where, these corrupt state officials hold manufacturers’ legal firearms at ransom to get on the list.

    I am a hunter and competitive shooter. I am severely handicapped by laws that have no exemption for magazines with a capacity greater than 10 rounds. IPSC and 3gun competition in most other states are allowed and do use high capacity magazines as a practical method to be competitive. With the latest legislation, I am a felon if I possess a magazine having a capacity greater than 10 rounds! Amazingly, those same magazines that I owned prior to this ban are retroactively banned. How is that legal?

    Treason can and should be punishable by death. As a veteran and law abiding citizen, I ask the Federal Government to step in and end this anti-American regime hiding behind the veil of calling themselves Democrats and Liberals. They are Communists and Nazis!

  7. Why can’t we make The Second Amendment the same in all states. No magazine restrictions, no ammunition restrictions.
    What they have done to Freedom in California, New Jersey, Hawaii, etc. is the same issue.
    If you come from Nevada into California with a 20 round magazine you can go to jail.
    Let’s level the field! If it’s okay in Florida should be okay in California. It’s a Right…. Right?

  8. I agree with LEON K. The law needs to be for ANY PERMIT HOLDER, not if they live in the state their permit was issued. I live in California and have a Arizona Concealed Carry Permit which has reciprocity in 38 other states. In addition, I would also like the Law to allow me to Conceal Carry in California – how do we get the law to over-ride State Laws that are Unconstitutional? California only issues CCW permits very rarely.

    1. I live in CA & hold a ccw permit. For my traveling the states, I also received utahs, Arizona & florida just to cover my bacon. Albeit, I have to focus when traveling to also know the legalities of storing the firearm if or should I choose to go into federal building.

      National reciprocity is so importent for us, citizens if US, especially based on what our founding fathers did to establish the constitution, to keep America american. We were founded, established & unified to be “One” under God & indivisable, keeping us united.

      Those that lost privileges by breaking the laws, should not be given that right to carry…….IT’S A PRIVILEGE TO BE AMERICAN! Don’t let politicians, because of their fears and ignorance, take away any rights that afford us to bear arms and protect ourselves & families from those who intend to do harm!

      GOD Bless America!

    2. California itself is crazy with regard to issuance of ccw permits. On the surface one might get the impression that CA is strictly a “May issue” (libtardspeak for “Shall NOT issue”) state. In fact there is much variance county to county where some have little or no record of issuance and others are truly “shall issue” upon completion of an application process administered by the county sheriff’s dept. The process includes vetting and training which few ccw applicants seem to object to. With few if any exceptions CA ccw permits are valid in all 58 counties. Counties in and around the S.F. bay area, L.A. and San Diego have compiled statistics indicating they are essentially “Shall NOT issue”. Several relatively rural counties in the east half and northern portion of the state are “Shall issue”. Reciprocity with other states though is an insane patchwork.

    3. @ Mark Bradley,

      Technically the wording of the law seems it will also allow for permits acquired from other States than the one you reside. Allow me to break it down…

      The law clearly specifies you may have a “license or permit” from “a State”. The wording “a State” indicates any State and therefore doesn’t specify which State, as in:

      “a person… who is carrying 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…”

      Thereafter the law continues with an “or” statement, rather than using the word “and”. This is an important distinction because the specific use of the word “or” as opposed to “and” is intentionally meant to function as an option to either method rather than making both elements a requirement together, as in:

      “…or is entitled to carry a concealed firearm in the State in which the person resides…”

      The rest of the law concludes with what a person is legally allowed to do if they properly comply with either option:

      “… may possess or 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…”

      The law was actually quite brilliantly written.

  9. This is not being looked at in the correct light. the Second Amendment is a God-given right it cannot be infringed upon.
    The federal government legally cannot change Second Amendment in any way or form or try to regulate it. So of course the states have no authority to do anything to worry about the Second Amendment.
    If you are a US citizen and can legally own a firearm the Second Amendment says you can go anywhere you wish with it.
    Having to answer to the federal government or a state takes away your God-given right.
    It’s time you people start fighting for what God gave you not what the government thinks they can control. Our Constitution guarantees they cannot control it.

    1. It’s not a God given right but, it is a Constitutional right. There are plenty of folks who would like to overturn the 2nd Amendment to our Constitution and we must resist that. Without that right we have no way to prevent the “government” from becoming a dictatorship.

    2. @ Geo Donaldson,

      Wrong! It is an irrefutable fact the founders used the Constitution to enumerated unalienable Rights which God gave to man at the Creation. The premise of which was made abundantly clear in the Declaration of Independence and the various federalist Papers.

      “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

      The Second Amendment enumerates the Right to protect “Life” and thus is in-fact a God-given Right.

  10. I live in New Jersey, and also have a second home in PA.
    I went through the time and expense to obtain a non-resident Utah and Florida CCW so I could at least carry while I was in PA.
    Even that small “privilege” was denied me by Bloomberg supported Liberal (now convict) PA AG Kathleen Kane.
    With the stroke of her anti-gun pen, she arbitrarily changed the reciprocity agreements making both my CCW permits worthless for carrying in PA.

    I don’t see how this legislation provides any relief for those of us who currently reside in Libtard anti-ccw anti-self defense states.
    At least those who live in right-to-carry states have that luxury within their own state (and in states with which they have reciprocal agreements).

    Just like the suppressor legislation supported by Trump Jr., it’s of no use in my state.
    The Second Amendment needs to be incorporated under the Fourteenth and have it applied equally to ALL fifty states!

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