Hr 38: Law Or No? What To Expect

The H.R. 38 bill, also known as the Concealed Carry Reciprocity Act, has been introduced in the United States Congress several times since 2017. The bill seeks to amend title 18 of the United States Code to allow nonresidents of a state to carry concealed firearms within that state if they have a valid permit from their state of residence. While the bill has faced opposition and has not been passed into law, its provisions could still become law if incorporated into other bills.

The Concealed Carry Reciprocity Act

The main objective of the bill is to protect the Second Amendment rights of law-abiding citizens to conceal carry and travel freely between states without worrying about conflicting state codes. According to Rep. Hudson, "The Concealed Carry Reciprocity Act protects law-abiding citizens' rights to conceal carry and travel freely between states without worrying about conflicting state codes or onerous civil suits." The bill has received widespread support from pro-Second Amendment organizations, including the NRA and the USCCA.

To become law, a bill must be passed by both the House and the Senate in identical form and then be signed by the President. H.R. 38 was first introduced in the 117th Congress in January 2021 but did not receive a vote. It was reintroduced in the 118th Congress in January 2023 and currently awaits assignment to a committee in the U.S. House.

The bill has been introduced with 171 cosponsors, the majority of whom are Republicans, with only one Democrat. Despite the support from cosponsors, the bill has a low chance of being enacted, with a 2% likelihood according to GovTrack.us.

The Constitutional Concealed Carry Reciprocity Act of 2023, or S.214, is a similar bill introduced in the Senate by Sen. Cornyn (R-TX) in the 118th Congress. This bill would allow qualified individuals to carry a concealed handgun into or possess a concealed handgun in another state that permits its residents to carry concealed firearms. The qualifications for this bill include being eligible to possess a firearm under federal law, carrying valid photo identification, and having a valid state-issued concealed carry permit or being eligible to carry a concealed firearm in their state of residence.

The bill's progress in Congress

H.R. 38, also known as the Concealed Carry Reciprocity Act, was first introduced in the 115th Congress (2017-2019) on January 3, 2017. It was referred to the Committee on the Judiciary, which reported it back to the House on December 5, 2017, with a vote of 8-3. The House passed the bill on December 6, 2017, with a vote of 232-194. The bill then moved to the Senate, where it was incorporated into H.R. 1625, the Consolidated Appropriations Act, 2018. This bill was passed by the Senate with changes and was then passed by the House with changes. The Senate agreed to the House's changes, and the bill was signed into law by the President on March 23, 2018.

The bill's provisions would allow any person with a concealed carry permit from one state to carry their weapon in any other state, including federal lands. It would also prevent states from restricting concealed weapons on private property.

A previous version of the bill, H.R. 986, was introduced in the 114th Congress but did not become law.

The 116th Congress (2019-2021) saw the introduction of another version of the bill, H.R. 38, on January 3, 2019. This version of the bill did not receive a vote and died in committee.

Most recently, in the 117th Congress (2021-2023), H.R. 38 was introduced on January 4, 2021. It was referred to the Subcommittee on Crime, Terrorism, and Homeland Security on March 1, 2021. This version of the bill also died in committee.

The current 118th Congress (2023-2025) introduced H.R. 38 on January 9, 2023. It is currently in its first stage of the legislative process and will be considered by a committee before possibly moving forward.

The bill's sponsor and supporters

The bill's sponsor was the Representative for North Carolina's 8th congressional district, Republican Richard Hudson. The bill had 203 cosponsors (199 Republicans and 4 Democrats) in the 117th Congress, 213 cosponsors (210 Republicans and 3 Democrats) in the 115th Congress, and 167 cosponsors (164 Republicans, 2 Democrats, and 1 Independent) in the 116th Congress.

The bill was supported by a range of people and organizations, including those who argued for concealed carry reciprocity. This would allow any person with a concealed carry permit from one state to carry their weapon in any other state, including on federal land. This provision was included in the Consolidated Appropriations Act, 2018, which was signed into law by the President on March 23, 2018.

The National Rifle Association (NRA) was a prominent supporter of the bill, and it was also backed by other gun rights advocacy groups. Some lawmakers and Second Amendment supporters argued that the bill would protect law-abiding citizens' right to bear arms and enhance their ability to defend themselves and their families. They believed that the bill would make it easier for people to carry concealed weapons across state lines, ensuring that they could protect themselves while travelling or living in different states.

However, the bill also faced opposition from gun control advocates and some lawmakers, especially in the wake of deadly mass shootings in Las Vegas and Sutherland Springs, Texas, in 2017. Progressives called for stricter gun control measures, rather than expanding gun rights.

Provisions of the bill

The provisions of the Concealed Carry Reciprocity Act (H.R. 38) are as follows:

• The bill amends the federal criminal code to allow a qualified individual to carry a concealed handgun into or possess a concealed handgun in another state that allows individuals to carry concealed firearms.
• A qualified individual must: be eligible to possess, transport, or receive a firearm under federal law; carry a valid photo identification document; and carry a valid concealed carry permit issued by any state or be eligible to carry a concealed firearm in their state of residence.
• The bill specifies that a qualified individual who lawfully carries or possesses a concealed handgun in another state: is not subject to the federal prohibition on possessing a firearm in a school zone, and may carry or possess the concealed handgun in federally owned lands that are open to the public.
• The bill does not prohibit a law enforcement officer with reasonable suspicion of a violation of any law from conducting a brief investigative stop in accordance with the U.S. Constitution.
• It specifies that certain retired and off-duty law enforcement officers who are authorized to carry concealed firearms are not subject to the federal prohibitions on possessing or discharging a firearm in a school zone.
• It allows federal judges who are not prohibited from receiving firearms to carry concealed firearms in any state.

• The bill amends the Brady Handgun Violence Prevention Act to require each federal agency and department, including a federal court, to: certify whether it has provided to the National Instant Criminal Background Check System (NICS) disqualifying records of persons prohibited from receiving or possessing a firearm, and establish and substantially comply with an implementation plan to maximize record submissions and verify their accuracy.
• The bill amends the NICS Improvement Amendments Act of 2007 to modify the NICS Act Record Improvement Program (NARIP). Specifically, it: establishes a domestic abuse and violence prevention initiative as a priority area for NARIP grant funding, and creates a funding preference for states that establish an implementation plan and use grant funds to upload felony conviction and domestic violence records.
• It amends the Crime Identification Technology Act of 1998 to modify the National Criminal History Improvement Program (NCHIP). Specifically, it: specifies that facilitating full participation in the NICS, as an allowable use of NCHIP grant funds, includes increasing efforts to pre-validate felony conviction and domestic violence records to expedite eligibility determinations; and permits the federal share of a grant to exceed 90% of program costs if a state complies with its implementation plan.
• This section amends the NICS Improvement Amendments Act of 2007 to: direct the Department of Justice (DOJ), in coordination with each state or tribal government, to establish an implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the NICS; require DOJ to conduct, and publish the results of, compliance determinations for state and tribal governments; give preference to certain discretionary grant applicants that substantially comply with an implementation plan; and require the NICS to notify law enforcement agencies when a firearm is transferred to a person who is subsequently determined to be prohibited from receiving or possessing a firearm.
• DOJ's Bureau of Justice Assistance must report to Congress on the use of bump stocks in the commission of crimes, including the number of instances and the types of firearms.
• The bill authorizes appropriations for FY2018-FY2022 to carry out activities under this title.

Public opinion on the bill

The Concealed Carry Reciprocity Act (H.R. 38) has been the subject of varied public opinion and debate. The bill aims to amend the federal criminal code to allow individuals with valid concealed carry permits to carry their firearms across state lines. While some support this bill as a protection of their Second Amendment rights, others have expressed concerns and opposition.

Supporters of the bill argue that it is a much-needed measure to protect the constitutional right to bear arms. They believe that law-abiding citizens who have obtained the necessary permits should be able to carry their firearms for self-defence, regardless of state boundaries. This would be especially useful for individuals who frequently travel or live in high-crime areas. Additionally, supporters highlight that the bill could deter criminals and reduce the number of illegal firearms on the streets.

On the other hand, opponents of the bill have raised several concerns. One of the primary worries is that the bill could potentially increase gun violence and make it harder for law enforcement to combat gun-related crimes. They argue that allowing concealed firearms to be carried across state lines makes it more difficult to track and regulate these weapons. This could lead to an increase in gun-related crimes, including mass shootings and accidental shootings.

Another point of contention is the potential impact on state and local gun laws. Some worry that H.R. 38 could override stricter gun control measures implemented by certain states and municipalities. This could include laws related to gun-free zones, such as schools and government properties. Opponents argue that states and local governments should have the autonomy to implement gun control measures that their residents support.

Furthermore, there are concerns about the potential for abuse or misuse of firearms. Opponents worry that individuals with a history of domestic violence, animal cruelty, or driving under the influence could obtain concealed carry permits and pose a danger to themselves or others. They advocate for stricter background checks and qualifications to ensure that only responsible, law-abiding citizens are permitted to carry concealed firearms.

Lastly, there is a debate around the potential impact on public safety and law enforcement operations. Opponents argue that the bill could make it more challenging for law enforcement officers to distinguish between legal and illegal gun carriers, potentially hindering their ability to prevent crimes and apprehend criminals. They also worry about the safety of officers during routine traffic stops or other interactions with armed individuals.

The Concealed Carry Reciprocity Act has sparked intense discussions and varying opinions among the public. While some view it as a protection of their Second Amendment rights, others have expressed concerns about public safety, state autonomy, and the potential for misuse or abuse of firearms.

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