Concealed Carry Reciprocity Act: Law Or Not?

The Concealed Carry Reciprocity Act, or House Bill 38, is a bill that would amend Title 18 of the United States Code to require all U.S. states to recognize concealed carry permits granted by other states. The bill has been introduced in the House of Representatives several times since 2017, passing in the House in 2017 and 2019 but never making it through the Senate. The most recent version of the bill, the Constitutional Concealed Carry Reciprocity Act of 2023, was introduced in the 118th Congress in February 2023. The bill is supported by gun rights groups such as the National Rifle Association (NRA) but opposed by gun control advocates and law enforcement organizations, who argue that it would infringe on states' rights and adversely affect public safety.

The bill would amend Title 18 of the US Code

The Concealed Carry Reciprocity Act, or House Bill 38, is a bill that would amend Title 18 of the United States Code. Title 18 of the United States Code is the main criminal code of the federal government of the United States. It deals with federal crimes and criminal procedure.

The bill would amend Title 18 to require all US states to recognise concealed carry permits granted by other states. It would also allow the concealed transport of handguns across state lines, as long as it is allowed by both states. The bill would also amend the Gun-Free School Zones Act of 1990 to allow permit holders to carry a concealed weapon in school zones in any state.

Part I of Title 18 covers crimes, including conspiracy against the United States, bribery, graft, and conflicts of interest, and partial-birth abortions. Part II covers criminal procedure, including arrest and commitment, extradition, and speedy trial. Part III covers prisons and prisoners, including the Bureau of Prisons, and Part IV covers juvenile delinquency. Part V, added in 1970, covers immunity of witnesses.

It would allow the concealed transport of handguns across state lines

The Concealed Carry Reciprocity Act, or House Bill 38, would allow the concealed transport of handguns across state lines. This means that an individual with a state-issued concealed carry license or permit would be able to conceal a handgun in any other state, as long as they follow the laws of that state. This legislation would amend Title 18 of the United States Code to require all U.S. states to recognize concealed carry permits granted by other states.

The act would also amend the Gun-Free School Zones Act of 1990 to allow permit holders to carry a concealed weapon in school zones in any state. This would be a significant change, as currently, each state has the authority to determine who can carry a loaded, concealed firearm within its borders, and those requirements and permitting systems vary drastically between states. Some states require extensive firearms training, while others require no training at all.

The Constitutional Concealed Carry Reciprocity Act would force states to recognize the concealed carry standards of other states, even if they are weaker or non-existent. This means that individuals who are not permitted to carry a concealed weapon in their home state could potentially obtain a permit from another state with lower standards and then carry a concealed weapon in their home state and elsewhere.

The act has been introduced in Congress multiple times and has been supported by pro-Second Amendment organizations and the National Rifle Association. However, it has also faced criticism and opposition, particularly from Democrats and gun control advocates, who argue that it would infringe on states' rights and negatively impact public safety. The legislation has not yet become law.

It would amend the Gun-Free School Zones Act of 1990

The Concealed Carry Reciprocity Act, or House Bill 38, is a bill that would amend the Gun-Free School Zones Act of 1990. The Gun-Free School Zones Act (GFSZA) was enacted in 1990 as section 1702 of the Crime Control Act of 1990 and signed into law by President George H. W. Bush. The Act prohibits any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone. The term "school zone" is defined as a public, parochial, or private school, or within 1,000 feet of such school grounds. The law applies to all public, private, and parochial elementary and high schools, but not college campuses or universities.

The Concealed Carry Reciprocity Act would amend the Gun-Free School Zones Act of 1990 to allow permit holders to carry a concealed weapon in school zones in any state. This means that individuals with a valid state-issued concealed carry permit would be allowed to carry a concealed handgun in a school zone, even if they are not residents of the state in which the school zone is located. Currently, the federal GFSZA only exempts individuals with a permit issued by the state in which the school zone is located. The proposed amendment would remove this restriction and allow individuals with out-of-state permits to carry concealed weapons in school zones.

The amendment to the Gun-Free School Zones Act of 1990, as part of the Concealed Carry Reciprocity Act, has been a subject of debate. Supporters of the amendment argue that it would protect the rights of law-abiding concealed carriers and allow them to exercise their rights nationwide. On the other hand, critics argue that it would infringe on states' rights and negatively impact public safety. Some gun control advocates also express concern that the amendment could endanger victims of domestic abuse by making it easier for individuals to obtain guns or permits in states with more permissive laws.

It is important to note that the Concealed Carry Reciprocity Act, including the proposed amendment to the Gun-Free School Zones Act of 1990, has not yet been passed into law. While it has passed in the House, it still needs to go through further legislative steps before becoming law.

The bill is intended to be combined with another bipartisan bill

The Concealed Carry Reciprocity Act, or House Bill 38, is a bill that would amend Title 18 of the United States Code. The bill intends to require all U.S. states to recognize concealed carry permits granted by other states. It would also allow the concealed transport of handguns across state lines, as long as it is allowed by both states. The bill was introduced in the 115th United States Congress by North Carolina Republican Representative Richard Hudson on January 3, 2017. It was passed in the House by a vote of 231-198 on December 6, 2017, but was not taken up in the Senate.

In 2023, a similar bill, the Constitutional Concealed Carry Reciprocity Act of 2023, was introduced in the Senate by Senator John Cornyn of Texas. This bill would also allow qualified individuals to carry concealed handguns across state lines, as long as they meet certain requirements, including being eligible to possess, transport, or receive a firearm under federal law, carrying a valid photo identification document, and having a valid state-issued concealed carry permit or being eligible to carry a concealed firearm in their state of residence.

The bill has faced criticism from Democrats and gun control advocates

The Concealed Carry Reciprocity Act, or House Bill 38, has faced strong opposition from Democrats and gun control advocates. The bill, which would amend Title 18 of the United States Code, would require all US states to recognise concealed carry permits granted by other states. This would allow the concealed transport of handguns across state lines, as long as both states permitted it.

Criticism from Democrats

Democrats have criticised the bill, claiming that it would infringe on states' rights and negatively impact public safety. They argue that the bill would override stricter state gun laws and force states to accept lower standards for carrying concealed weapons. This could potentially allow individuals with violent criminal histories or insufficient safety training to carry concealed firearms.

Criticism from Gun Control Advocates

Gun control advocates, such as Sara Gorman, have also raised concerns about the bill. They argue that it would endanger victims of domestic abuse by allowing individuals to circumvent background checks for guns or permits by obtaining them in states with more lenient laws. This could enable abusive individuals to acquire firearms and pose a threat to their victims.

Law Enforcement Opposition

In addition, law enforcement organisations have opposed the bill, stating that it would put police officers in danger and make their jobs more challenging. They argue that the bill would make it difficult for them to verify the validity of out-of-state permits and confirm whether an individual is legally allowed to carry a firearm.

Impact on Public Safety

Opponents of the bill also highlight the potential impact on public safety. Research suggests that when states weaken requirements for obtaining concealed carry permits, violent crime rates increase. For example, in the years after Arizona repealed its permit requirement in 2010, aggravated assaults committed with firearms rose by 44%. Critics argue that passing this bill would make it easier for dangerous individuals to carry concealed weapons and increase the risk of gun violence across the country.

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