[House Report 115-433]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-433
======================================================================
CONCEALED CARRY RECIPROCITY ACT OF 2017
_______
December 4, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 38]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 38) 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, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 4
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 21
New Budget Authority and Tax Expenditures........................ 22
Congressional Budget Office Cost Estimate........................ 22
Duplication of Federal Programs.................................. 23
Disclosure of Directed Rule Makings.............................. 23
Performance Goals and Objectives................................. 23
Advisory on Earmarks............................................. 23
Section-by-Section Analysis...................................... 24
Changes in Existing Law Made by the Bill, as Reported............ 24
Dissenting Views................................................. 44
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Concealed Carry Reciprocity Act of
2017''.
SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926C the following:
``Sec. 926D. Reciprocity for the carrying of certain concealed firearms
``(a) 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.
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building,
base, or park.
``(c)(1) A person who carries or possesses a concealed handgun in
accordance with subsections (a) and (b) may not be arrested or
otherwise detained for violation of any law or any rule or regulation
of a State or any political subdivision thereof related to the
possession, transportation, or carrying of firearms unless there is
probable cause to believe that the person is doing so in a manner not
provided for by this section. Presentation of facially valid documents
as specified in subsection (a) is prima facie evidence that the
individual has a license or permit as required by this section.
``(2) When a person asserts this section as a defense in a criminal
proceeding, the prosecution shall bear the burden of proving, beyond a
reasonable doubt, that the conduct of the person did not satisfy the
conditions set forth in subsections (a) and (b).
``(3) When a person successfully asserts this section as a defense in
a criminal proceeding, the court shall award the prevailing defendant a
reasonable attorney's fee.
``(d)(1) A person who is deprived of any right, privilege, or
immunity secured by this section, under color of any statute,
ordinance, regulation, custom, or usage of any State or any political
subdivision thereof, may bring an action in any appropriate court
against any other person, including a State or political subdivision
thereof, who causes the person to be subject to the deprivation, for
damages or other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as the court
deems appropriate, including a reasonable attorney's fee.
``(e) In subsection (a):
``(1) The term `identification document' means a document
made or issued by or under the authority of the United States
Government, a State, or a political subdivision of a State
which, when completed with information concerning a particular
individual, is of a type intended or commonly accepted for the
purpose of identification of individuals.
``(2) The term `handgun' includes any magazine for use in a
handgun and any ammunition loaded into the handgun or its
magazine.
``(f)(1) A person who possesses or carries a concealed handgun under
subsection (a) shall not be subject to the prohibitions of section
922(q) with respect to that handgun.
``(2) A person possessing or carrying a concealed handgun in a State
under subsection (a) may do so in any of the following areas in the
State that are open to the public:
``(A) A unit of the National Park System.
``(B) A unit of the National Wildlife Refuge System.
``(C) Public land under the jurisdiction of the Bureau of
Land Management.
``(D) Land administered and managed by the Army Corps of
Engineers.
``(E) Land administered and managed by the Bureau of
Reclamation.
``(F) Land administered and managed by the Forest Service.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 926C the
following:
``926D. Reciprocity for the carrying of certain concealed firearms.''.
(c) Severability.--Notwithstanding any other provision of this Act,
if any provision of this section, or any amendment made by this
section, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, this section and
amendments made by this section and the application of such provision
or amendment to other persons or circumstances shall not be affected
thereby.
(d) Effective Date.--The amendments made by this section shall take
effect 90 days after the date of the enactment of this Act.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act prohibits a law enforcement officer with
reasonable suspicion of a violation of any law from conducting a brief
investigative stop in accordance with the Constitution of the United
States.
SEC. 4. CERTAIN OFF-DUTY LAW ENFORCEMENT OFFICERS AND RETIRED LAW
ENFORCEMENT OFFICERS ALLOWED TO CARRY A CONCEALED
FIREARM, AND DISCHARGE A FIREARM, IN A SCHOOL ZONE.
Section 922(q) of title 18, United States Code, is amended--
(1) in paragraph (2)(B)--
(A) by striking ``or'' at the end of clause (vi); and
(B) by redesignating clause (vii) as clause (ix) and
inserting after clause (vi) the following:
``(vii) by an off-duty law enforcement officer who is a
qualified law enforcement officer (as defined in section 926B)
and is authorized under such section to carry a concealed
firearm, if the firearm is concealed;
``(viii) by a qualified retired law enforcement officer (as
defined in section 926C) who is authorized under such section
to carry a concealed firearm, if the firearm is concealed;
or''; and
(2) in paragraph (3)(B)--
(A) by striking ``or'' at the end of clause (iii);
(B) by striking the period at the end of clause (iv)
and inserting a semicolon; and
(C) by adding at the end the following:
``(v) by an off-duty law enforcement officer who is a
qualified law enforcement officer (as defined in section 926B)
and is authorized under such section to carry a concealed
firearm; or
``(vi) by a qualified retired law enforcement officer (as
defined in section 926C) who is authorized under such section
to carry a concealed firearm.''.
SEC. 5. INTERSTATE CARRYING OF FIREARMS BY FEDERAL JUDGES.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 2(a) of this Act, is amended by inserting after
section 926D the following:
``Sec. 926E. Interstate carrying of firearms by Federal judges
``Notwithstanding any provision of the law of any State or political
subdivision thereof, a Federal judge may carry a concealed firearm in
any State if such judge is not prohibited by Federal law from receiving
a firearm.''.
(b) Clerical Amendment.--The table of sections for such chapter, as
amended by section 2(b) of this Act, is amended by inserting after the
item relating to section 926D the following:
``926E. Interstate carrying of firearms by Federal judges.''.
Purpose and Summary
H.R. 38 allows persons with valid state-issued concealed
firearm permits/licenses--or those who live in states that
allow non-prohibited persons to carry a concealed firearm
without a permit/license--to carry a concealed firearm in any
other state that also issues concealed firearm permits/
licenses, or in any other state that does not generally
prohibit the carrying of concealed firearms.
Background and Need for the Legislation
All fifty states currently permit concealed carry in some
manner. Thirty states have ``shall issue'' permit laws, which
require states to issue a permit to people who meet the legal
requirements for a concealed carry permit. Eight states have
``may issue'' or discretionary permit laws that are
administered in varying ways, but in every state, the
government has full discretion on whether to grant a permit or
not. Twelve states allow the carrying of a concealed weapon
without any permit or license. Six years ago, there were only
three such states. Many jurisdictions honor a permit or license
issued by other jurisdictions. In these situations, recognition
may be granted to all jurisdictions or a subset that meet a set
of permit-issuing criteria, such as training comparable to the
honoring jurisdiction or certain background checks. Several
states have entered into formal agreements to mutually
recognize permits. A few states do not recognize permits issued
by any other jurisdiction but offer non-resident permits for
out-of-state individuals who wish to carry while visiting such
states. There are also states that neither recognize out-of-
state concealed carry permits nor issue permits to non-
residents, resulting in a complete ban on concealed carry by
non-residents in such states.
In a 2008 opinion striking down Washington D.C.'s district-
wide handgun ban, the U.S. Supreme Court recognized ``that the
Second Amendment conferred an individual right to keep and bear
arms'' that stems in large part from the right to protect
oneself, as well as ``one's home and family,'' from harm.\1\
Specifically, the Heller decision found that the right to self-
defense, as opposed to the creation of a militia or other
principles, ``was the central component of the right
itself.''\2\ More recently, in McDonald v. City of Chicago,\3\
the Supreme Court clarified that the Second Amendment rights
discussed in Heller also extend to the states.
---------------------------------------------------------------------------
\1\See District of Columbia v. Heller, 554 U.S. 570 (2008).
\2\Id. at 599.
\3\561 U.S. 742 (2010).
---------------------------------------------------------------------------
The use of firearms in self-defense is prevalent. According
to the National Self Defense Survey conducted by criminologists
from Florida State University, Americans use guns in self-
defense an estimated 2.2 to 2.5 million times a year, or every
13 seconds.\4\ This same study found that, in general, simply
brandishing a gun or firing a warning shot is sufficient to
defend against an attacker in most cases of self-defense
involving a firearm. Only 24 percent of people surveyed
reported firing a gun in self-defense, and just eight percent
reported wounding an assailant with a gun.\5\
---------------------------------------------------------------------------
\4\See Gary Kleck & Marc Gertz, Armed Resistance to Crime: The
Prevalence and Nature of Self Defense with a Gun, 86 J. Crim. L. &
Criminology 150, 164 (1995).
\5\Id. at 173.
---------------------------------------------------------------------------
There is also no evidence that law-abiding permit holders
are a threat to public safety. The state of Florida, which has
issued over three million concealed carry permits since it
adopted a right-to-carry law in 1987, has only permanently
revoked 0.3 percent of the total issued permits and as of 2011
(the last year statistics were kept), only 168 concealed carry
permits were revoked due to the use of a firearm in a crime
(just 0.008 percent).\6\
---------------------------------------------------------------------------
\6\See Florida Department of Agriculture and Consumer Services,
Division of Licensing, Concealed Weapon/Firearm Summary Report, http://
www.freshfromflorida.com/content/download/7499/118851/cw_monthly.pdf.
---------------------------------------------------------------------------
Finally, under current federal law, certain active-duty and
retired law enforcement officers are permitted to carry
concealed firearms across state lines, even while off duty.\7\
In 2010, Congress passed and President Obama signed legislation
to expand the categories of current and retired law enforcement
officers who are entitled to carry concealed weapons across
state lines.\8\ H.R. 38 would extend the same ability to carry
concealed weapons across state lines to other law-abiding
citizens.
---------------------------------------------------------------------------
\7\See 18 U.S.C. Sec. Sec. 26B and 926C.
\8\See P.L. 111-272.
---------------------------------------------------------------------------
Hearings
The Committee on the Judiciary held no hearings on H.R. 38.
Committee Consideration
On November 29, 2017, the Committee met in open session and
ordered the bill, H.R. 38, favorably reported, with an
amendment, by a roll call vote of 19 to 11, a quorum being
present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following roll call votes occurred during the Committee's
consideration of H.R. 38.
1. An amendment offered by Mr. Nadler to prohibit
individuals convicted of any violent crime, including
misdemeanors, from carrying a concealed firearm was defeated by
a roll call vote of 12 to 15.
ROLLCALL NO. 1
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI).................... X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC)................................. X
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)............................... X
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY).............................. X
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 12 15
------------------------------------------------------------------------
2. An amendment offered by Mr. Deutch to allow a state to
prohibit the carrying of a concealed firearm on private
property was defeated by a roll call vote of 10 to 14.
ROLLCALL NO. 2
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman.................. X
Mr. Sensenbrenner, Jr. (WI).................... X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC)................................. X
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL).............................. X
Mr. Buck (CO)..................................
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)............................... X
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA)..............................
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 10 14
------------------------------------------------------------------------
3. An amendment offered by Ms. Jackson Lee to prohibit
individuals convicted of domestic violence or stalking from
being covered by the bill was defeated by a roll call vote of 8
to 16.
ROLLCALL NO. 3
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI).................... X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA)..................................
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC)................................. X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA)..............................
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 8 16 .......
------------------------------------------------------------------------
4. An amendment offered by Ms. Lofgren to require that
permit holders acquire concealed carry permits in their home
state was defeated by a roll call vote of 8 to 17.
ROLLCALL NO. 4
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI).................... X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC)................................. X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 8 17
------------------------------------------------------------------------
5. An amendment offered by Mr. Cohen to prohibit those
under the age of 21 from carrying a concealed firearm was
defeated by a roll call vote of 8 to 17.
ROLLCALL NO. 5
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI).................... X
Mr. Smith (TX)................................. X
Mr. Chabot (OH)................................
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC)................................. X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 8 17
------------------------------------------------------------------------
6. An amendment offered by Mr. Issa to permit a federal
judge to carry a concealed firearm passed by a roll call vote
of 18 to 6.
ROLLCALL NO. 6
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI).................... X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)................................... X
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 18 6 .......
------------------------------------------------------------------------
7. An amendment offered by Mr. Cicilline to limit the
number of rounds of ammunition in the firearm being carried
pursuant to this bill was defeated by a roll call vote of 7 to
17.
ROLLCALL NO. 7
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)................................... X
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 7 17
------------------------------------------------------------------------
8. An amendment offered by Mr. King to clarify that Members
of Congress were included among those permitted to carry a
concealed firearm pursuant to this bill was defeated by a roll
call vote of 10 to 11.
ROLLCALL NO. 8
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX).............................
Ms. Roby (AL)..................................
Mr. Gaetz (FL).................................
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 10 11
------------------------------------------------------------------------
9. An amendment offered by Mr. Swalwell to allow states to
limit the eligibility of persons to carry a concealed firearm
in their states was defeated by a roll call vote of 7 to 12.
ROLLCALL NO. 9
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA)..................................
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)............................... X
Mr. DeSantis (FL)..............................
Mr. Buck (CO)..................................
Mr. Ratcliffe (TX).............................
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ)................................. X
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 7 12
------------------------------------------------------------------------
10. An amendment offered by Mr. Swalwell to prohibit a
person from carrying a concealed firearm who has been convicted
of a misdemeanor offense of assaulting or impersonating a
police officer failed by a roll call vote of 8 to 15.
ROLLCALL NO. 10
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA)..................................
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)............................... X
Mr. DeSantis (FL)..............................
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................
Mr. Biggs (AZ)................................. X
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)............................... X
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 8 15
------------------------------------------------------------------------
11. An amendment offered by Mr. Deutch to prohibit a person
from carrying a concealed firearm who has been convicted of
animal cruelty during the previous five years failed by a roll
call vote of 8 to 12.
ROLLCALL NO. 11
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)............................... X
Mr. DeSantis (FL)..............................
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX).............................
Ms. Roby (AL).................................. X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................
Mr. Biggs (AZ)................................. X
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)............................... X
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 8 12
------------------------------------------------------------------------
12. An amendment offered by Mr. Raskin to require states to
establish a permit hotline in order for their permit holders to
be able to carry across state lines failed by a roll call vote
of 8 to 17.
ROLLCALL NO. 12
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA)..................................
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)................................... X
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)............................... X
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX).............................
Ms. Roby (AL).................................. X
Mr. Gaetz (FL)................................. X
Mr. Johnson (LA)...............................
Mr. Biggs (AZ)................................. X
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)............................... X
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 8 17
------------------------------------------------------------------------
13. An amendment offered by Ms. Jackson Lee to prohibit a
person from carrying a concealed firearm who has been convicted
of a hate crime failed by a roll call vote of 8 to 19.
ROLLCALL NO. 13
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)................................... X
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)............................... X
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL)................................. X
Mr. Johnson (LA)...............................
Mr. Biggs (AZ)................................. X
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 8 19
------------------------------------------------------------------------
14. An amendment offered by Mr. Schneider to prohibit a
person from carrying a concealed firearm who has been convicted
of a second misdemeanor offense of driving under the influence
within the previous five years failed by a roll call vote of 9
to 18.
ROLLCALL NO. 14
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)............................... X
Mr. DeSantis (FL)..............................
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL)................................. X
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ)................................. X
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 9 18
------------------------------------------------------------------------
15. An amendment offered by Mr. Swalwell to require states
to implement private sale background checks before their
permits would be recognized failed by a roll call vote of 10 to
18.
ROLLCALL NO. 15
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)............................... X
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL)................................. X
Mr. Johnson (LA)...............................
Mr. Biggs (AZ)................................. X
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 10 18
------------------------------------------------------------------------
16. Motion to report H.R. 38 favorably to the House.
Approved 19 to 11.
ROLLCALL NO. 16
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Franks (AZ)................................ X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID).............................. X
Mr. Farenthold (TX)............................
Mr. Collins (GA)............................... X
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL)................................. X
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ)................................. X
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Nadler (NY), Ranking Member................ X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)............................... X
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA).............................. X
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL)............................. X
------------------------
Total...................................... 19 11
------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to H.R. 38, the following estimate and comparison
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 4, 2017.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 38, the Concealed
Carry Reciprocity Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
cc: Honorable Jerrold Nadler
Ranking Member
H.R. 38--Concealed Carry Reciprocity Act of 2017
As ordered reported by the House Committee on the Judiciary on November
29, 2017
H.R. 38 would allow persons who are licensed to carry
concealed firearms in their state of residence to carry
concealed handguns in other states if those states have a
permitting process for individuals seeking to carry a concealed
firearm. CBO estimates that implementing the bill would have no
significant cost to the federal government.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 38 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 38 would impose an intergovernmental mandate as
defined in the Unfunded Mandates Reform Act (UMRA) by
preempting some state laws that limit the ability of
nonresidents to carry concealed weapons. Laws allowing
individuals to carry concealed weapons vary from state to state
and range from allowing nonresidents to carry concealed weapons
without a permit to requiring residents to complete training
and meet other conditions before obtaining a permit, or even
prohibiting nonresidents from carrying concealed weapons
altogether. Some states recognize permits issued by other
states and some do not. If enacted, the bill would require
states that currently do not recognize other state permits for
nonresidents to do so. The costs for states to comply with that
mandate would include the cost to change protocols and train
law enforcement officers.
The bill also could result in the loss of revenue for some
states. Currently, some states issue permits to nonresidents
and charge fees ranging from $20 to $300 for those permits. If
this bill is enacted and individuals have a permit to carry
concealed weapons from their resident state, they would no
longer need to purchase nonresident permits in other states
they visit.
CBO estimates the total costs for states to comply with the
preemption, including the training costs for law enforcement
and the lost revenue from the nonresident permit fees, would
not exceed the threshold established in UMRA ($78 million in
2017, adjusted annually for inflation).
H.R. 38 contains no private-sector mandates as defined in
UMRA.
The CBO staff contacts for this estimate are Mark Grabowicz
(for federal costs) and Rachel Austin (mandates). The estimate
was approved by H. Samuel Papenfuss, Deputy Assistant Director
for Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 38 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee finds that H.R. 38 contains no directed rule
making within the meaning of 5 U.S.C. Sec. 551.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee states that H.R. 38
would allow persons with valid state-issued concealed firearm
permits/licenses--or those who live in states that allow non-
prohibited persons to carry a concealed firearm without a
permit/license--to carry a concealed firearm in any other state
that also issues concealed firearm permits/licenses, or in any
other state that does not generally prohibit the carrying of
concealed firearms.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 38 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Short title. Section 1 sets forth the short
title of the bill as the ``Concealed Carry Reciprocity Act of
2017.''
Sec. 2. Reciprocity for the carrying of certain concealed
firearms. Section 2 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: (1) be eligible to possess,
transport, or receive a firearm under federal law; (2) carry a
valid photo identification document; and (3) carry a valid
concealed carry permit issued by, or (in states that do not
require permits) be eligible to carry a concealed firearm in,
his or her state of residence.
Additionally, the section specifies that a qualified
individual who lawfully carries or possesses a concealed
handgun in another state: (1) is not subject to the federal
prohibition on possessing a firearm in a school zone
(individuals are still subject to state laws prohibiting
firearm possession on school grounds), and (2) may carry or
possess the concealed handgun in federally owned lands that are
open to the public.
Sec. 3. Rule of Construction. Section 3 makes clear that
nothing in the bill prohibits a law enforcement officer's
existing authority to conduct a brief investigative stop in
accordance with the United States Constitution.
Sec. 4. Carrying of firearms by off-duty and retired law
enforcement officers in school zones. Section 4 allows former
and current law enforcement LEOSA-authorized individuals to
carry in federally-recognized school zones if not prohibited by
the state or local government.
Sec. 5. Interstate carrying of firearms by federal judges.
Section 5 permits a federal judge to carry a concealed firearm
if the judge is not prohibited by law from doing so.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 44--FIREARMS
Sec.
921. Definitions.
* * * * * * *
926D. Reciprocity for the carrying of certain concealed firearms.
926E. Interstate carrying of firearms by Federal judges.
* * * * * * *
Sec. 922. Unlawful acts
(a) It shall be unlawful--
(1) for any person--
(A) except a licensed importer, licensed
manufacturer, or licensed dealer, to engage in
the business of importing, manufacturing, or
dealing in firearms, or in the course of such
business to ship, transport, or receive any
firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed
manufacturer, to engage in the business of
importing or manufacturing ammunition, or in
the course of such business, to ship,
transport, or receive any ammunition in
interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or
collector licensed under the provisions of this chapter
to ship or transport in interstate or foreign commerce
any firearm to any person other than a licensed
importer, licensed manufacturer, licensed dealer, or
licensed collector, except that--
(A) this paragraph and subsection (b)(3)
shall not be held to preclude a licensed
importer, licensed manufacturer, licensed
dealer, or licensed collector from returning a
firearm or replacement firearm of the same kind
and type to a person from whom it was received;
and this paragraph shall not be held to
preclude an individual from mailing a firearm
owned in compliance with Federal, State, and
local law to a licensed importer, licensed
manufacturer, licensed dealer, or licensed
collector;
(B) this paragraph shall not be held to
preclude a licensed importer, licensed
manufacturer, or licensed dealer from
depositing a firearm for conveyance in the
mails to any officer, employee, agent, or
watchman who, pursuant to the provisions of
section 1715 of this title, is eligible to
receive through the mails pistols, revolvers,
and other firearms capable of being concealed
on the person, for use in connection with his
official duty; and
(C) nothing in this paragraph shall be
construed as applying in any manner in the
District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United
States differently than it would apply if the
District of Columbia, the Commonwealth of
Puerto Rico, or the possession were in fact a
State of the United States;
(3) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector to transport into or receive in the State
where he resides (or if the person is a corporation or
other business entity, the State where it maintains a
place of business) any fire arm purchased or otherwise
obtained by such person outside that State, except that
this paragraph (A) shall not preclude any person who
lawfully acquires a firearm by bequest or intestate
succession in a State other than his State of residence
from transporting the firearm into or receiving it in
that State, if it is lawful for such person to purchase
or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm
obtained in conformity with subsection (b)(3) of this
section, and (C) shall not apply to the transportation
of any firearm acquired in any State prior to the
effective date of this chapter;
(4) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, to transport in interstate or foreign
commerce any destructive device, machinegun (as defined
in section 5845 of the Internal Revenue Code of 1986),
short-barreled shotgun, or short-barreled rifle, except
as specifically authorized by the Attorney General
consistent with public safety and necessity;
(5) for any person (other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector) to transfer, sell, trade, give, transport,
or deliver any firearm to any person (other than a
licensed importer, licensed manufacturer, licensed
dealer, or licensed collector) who the transferor knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the transferor resides; except that this
paragraph shall not apply to (A) the transfer,
transportation, or delivery of a firearm made to carry
out a bequest of a firearm to, or an acquisition by
intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the
laws of the State of his residence, and (B) the loan or
rental of a firearm to any person for temporary use for
lawful sporting purposes;
(6) for any person in connection with the acquisition
or attempted acquisition of any firearm or ammunition
from a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, knowingly to
make any false or fictitious oral or written statement
or to furnish or exhibit any false, fictitious, or
misrepresented identification, intended or likely to
deceive such importer, manufacturer, dealer, or
collector with respect to any fact material to the
lawfulness of the sale or other disposition of such
firearm or ammunition under the provisions of this
chapter;
(7) for any person to manufacture or import armor
piercing ammunition, unless--
(A) the manufacture of such ammunition is for
the use of the United States, any department or
agency of the United States, any State, or any
department, agency, or political subdivision of
a State;
(B) the manufacture of such ammunition is for
the purpose of exportation; or
(C) the manufacture or importation of such
ammunition is for the purpose of testing or
experimentation and has been authorized by the
Attorney General;
(8) for any manufacturer or importer to sell or
deliver armor piercing ammunition, unless such sale or
delivery--
(A) is for the use of the United States, any
department or agency of the United States, any
State, or any department, agency, or political
subdivision of a State;
(B) is for the purpose of exportation; or
(C) is for the purpose of testing or
experimentation and has been authorized by the
Attorney General;
(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, who does not reside in any State to receive
any firearms unless such receipt is for lawful sporting
purposes.
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver--
(1) any firearm or ammunition to any individual who
the licensee knows or has reasonable cause to believe
is less than eighteen years of age, and, if the
firearm, or ammunition is other than a shotgun or
rifle, or ammunition for a shotgun or rifle, to any
individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the
purchase or possession by such person of such firearm
would be in violation of any State law or any published
ordinance applicable at the place of sale, delivery or
other disposition, unless the licensee knows or has
reasonable cause to believe that the purchase or
possession would not be in violation of such State law
or such published ordinance;
(3) any firearm to any person who the licensee knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the licensee's place of business is
located, except that this paragraph (A) shall not apply
to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the
licensee's place of business is located if the
transferee meets in person with the transferor to
accomplish the transfer, and the sale, delivery, and
receipt fully comply with the legal conditions of sale
in both such States (and any licensed manufacturer,
importer or dealer shall be presumed, for purposes of
this subparagraph, in the absence of evidence to the
contrary, to have had actual knowledge of the State
laws and published ordinances of both States), and (B)
shall not apply to the loan or rental of a firearm to
any person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, machinegun
(as defined in section 5845 of the Internal Revenue
Code of 1986), short-barreled shotgun, or short-
barreled rifle, except as specifically authorized by
the Attorney General consistent with public safety and
necessity; and
(5) any firearm or armor-piercing ammunition to any
person unless the licensee notes in his records,
required to be kept pursuant to section 923 of this
chapter, the name, age, and place of residence of such
person if the person is an individual, or the identity
and principal and local places of business of such
person if the person is a corporation or other business
entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not
apply to transactions between licensed importers, licensed
manufacturers, licensed dealers, and licensed collectors.
Paragraph (4) of this subsection shall not apply to a sale or
delivery to any research organization designated by the
Attorney General.
(c) In any case not otherwise prohibited by this chapter, a
licensed importer, licensed manufacturer, or licensed dealer
may sell a firearm to a person who does not appear in person at
the licensee's business premises (other than another licensed
importer, manufacturer, or dealer) only if--
(1) the transferee submits to the transferor a sworn
statement in the following form:
``Subject to penalties provided by law, I
swear that, in the case of any firearm other
than a shotgun or a rifle, I am twenty-one
years or more of age, or that, in the case of a
shotgun or a rifle, I am eighteen years or more
of age; that I am not prohibited by the
provisions of chapter 44 of title 18, United
States Code, from receiving a firearm in
interstate or foreign commerce; and that my
receipt of this firearm will not be in
violation of any statute of the State and
published ordinance applicable to the locality
in which I reside. Further, the true title,
name, and address of the principal law
enforcement officer of the locality to which
the firearm will be delivered are ___________
Signature __________ Date __________.'' and
containing blank spaces for the attachment of a
true copy of any permit or other information
required pursuant to such statute or published
ordinance;
(2) the transferor has, prior to the shipment or
delivery of the firearm, forwarded by registered or
certified mail (return receipt requested) a copy of the
sworn statement, together with a description of the
firearm, in a form prescribed by the Attorney General,
to the chief law enforcement officer of the
transferee's place of residence, and has received a
return receipt evidencing delivery of the statement or
has had the statement returned due to the refusal of
the named addressee to accept such letter in accordance
with United States Post Office Department regulations;
and
(3) the transferor has delayed shipment or delivery
for a period of at least seven days following receipt
of the notification of the acceptance or refusal of
delivery of the statement.
A copy of the sworn statement and a copy of the notification to
the local law enforcement officer, together with evidence of
receipt or rejection of that notification shall be retained by
the licensee as a part of the records required to be kept under
section 923(g).
(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person--
(1) is under indictment for, or has been convicted in
any court of, a crime punishable by imprisonment for a
term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has
been committed to any mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) is subject to a court order that restrains such
person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this paragraph shall only apply to a
court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which
such person had the opportunity to participate;
and
(B)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury; or
(9) has been convicted in any court of a misdemeanor
crime of domestic violence.
This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
who pursuant to subsection (b) of section 925 of this chapter
is not precluded from dealing in firearms or ammunition, or to
a person who has been granted relief from disabilities pursuant
to subsection (c) of section 925 of this chapter.
(e) It shall be unlawful for any person knowingly to deliver
or cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce,
to persons other than licensed importers, licensed
manufacturers, licensed dealers, or licensed collectors, any
package or other container in which there is any firearm or
ammunition without written notice to the carrier that such
firearm or ammunition is being transported or shipped; except
that any passenger who owns or legally possesses a firearm or
ammunition being transported aboard any common or contract
carrier for movement with the passenger in interstate or
foreign commerce may deliver said firearm or ammunition into
the custody of the pilot, captain, conductor or operator of
such common or contract carrier for the duration of the trip
without violating any of the provisions of this chapter. No
common or contract carrier shall require or cause any label,
tag, or other written notice to be placed on the outside of any
package, luggage, or other container that such package,
luggage, or other container contains a firearm.
(f)(1) It shall be unlawful for any common or contract
carrier to transport or deliver in interstate or foreign
commerce any firearm or ammunition with knowledge or reasonable
cause to believe that the shipment transportation, or receipt
thereof would be in violation of the provisions of this
chapter.
(2) It shall be unlawful for any common or contract carrier
to deliver in interstate or foreign commerce any firearm
without obtaining written acknowledgement of receipt from the
recipient of the package or other container in which there is a
firearm.
(g) It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding one
year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or
who has been committed to a mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces
under dishonorable conditions;
(7) who, having been a citizen of the United States,
has renounced his citizenship;
(8) who is subject to a court order that--
(A) was issued after a hearing of which such
person received actual notice, and at which
such person had an opportunity to participate;
(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner
or person, or engaging in other conduct that
would place an intimate partner in reasonable
fear of bodily injury to the partner or child;
and
(C)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury; or
(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce, any firearm or ammunition; or
to receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce.
(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any person
described in any paragraph of subsection (g) of this section,
in the course of such employment--
(1) to receive, possess, or transport any firearm or
ammunition in or affecting interstate or foreign
commerce; or
(2) to receive any firearm or ammunition which has
been shipped or transported in interstate or foreign
commerce.
(i) It shall be unlawful for any person to transport or ship
in interstate or foreign commerce, any stolen firearms or
stolen ammunition, knowing or having reasonable cause to
believe that the firearm or ammunition was stolen.
(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm
or stolen ammunition, or pledge or accept as security for a
loan any stolen firearm or stolen ammunition, which is moving
as, which is a part of, which constitutes, or which has been
shipped or transported in, interstate or foreign commerce,
either before or after it was stolen, knowing or having
reasonable cause to believe that the firearm or ammunition was
stolen.
(k) It shall be unlawful for any person knowingly to
transport, ship, or receive, in interstate or foreign commerce,
any firearm which has had the importer's or manufacturer's
serial number removed, obliterated, or altered or to possess or
receive any firearm which has had the importer's or
manufacturer's serial number removed, obliterated, or altered
and has, at any time, been shipped or transported in interstate
or foreign commerce.
(l) Except as provided in section 925(d) of this chapter, it
shall be unlawful for any person knowingly to import or bring
into the United States or any possession thereof any firearm or
ammunition; and it shall be unlawful for any person knowingly
to receive any firearm or ammunition which has been imported or
brought into the United States or any possession thereof in
violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly
to make any false entry in, to fail to make appropriate entry
in, or to fail to properly maintain, any record which he is
required to keep pursuant to section 923 of this chapter or
regulations promulgated thereunder.
(n) It shall be unlawful for any person who is under
indictment for a crime punishable by imprisonment for a term
exceeding one year to ship or transport in interstate or
foreign commerce any firearm or ammunition or receive any
firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
(o)(1) Except as provided in paragraph (2), it shall be
unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to--
(A) a transfer to or by, or possession by or under
the authority of, the United States or any department
or agency thereof or a State, or a department, agency,
or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a
machinegun that was lawfully possessed before the date
this subsection takes effect.
(p)(1) It shall be unlawful for any person to manufacture,
import, sell, ship, deliver, possess, transfer, or receive any
firearm--
(A) that, after removal of grips, stocks, and
magazines, is not as detectable as the Security
Exemplar, by walk-through metal detectors calibrated
and operated to detect the Security Exemplar; or
(B) any major component of which, when subjected to
inspection by the types of x-ray machines commonly used
at airports, does not generate an image that accurately
depicts the shape of the component. Barium sulfate or
other compounds may be used in the fabrication of the
component.
(2) For purposes of this subsection--
(A) the term ``firearm'' does not include the frame
or receiver of any such weapon;
(B) the term ``major component'' means, with respect
to a firearm, the barrel, the slide or cylinder, or the
frame or receiver of the firearm; and
(C) the term ``Security Exemplar'' means an object,
to be fabricated at the direction of the Attorney
General, that is--
(i) constructed of, during the 12-month
period beginning on the date of the enactment
of this subsection, 3.7 ounces of material type
17-4 PH stainless steel in a shape resembling a
handgun; and
(ii) suitable for testing and calibrating
metal detectors: Provided, however, That at the
close of such 12-month period, and
at appropriate times thereafter the Attorney General
shall promulgate regulations to permit the manufacture,
importation, sale, shipment, delivery, possession,
transfer, or receipt of firearms previously prohibited
under this subparagraph that are as detectable as a
``Security Exemplar'' which contains 3.7 ounces of
material type 17-4 PH stainless steel, in a shape
resembling a handgun, or such lesser amount as is
detectable in view of advances in state-of-the-art
developments in weapons detection technology.
(3) Under such rules and regulations as the Attorney General
shall prescribe, this subsection shall not apply to the
manufacture, possession, transfer, receipt, shipment, or
delivery of a firearm by a licensed manufacturer or any person
acting pursuant to a contract with a licensed manufacturer, for
the purpose of examining and testing such firearm to determine
whether paragraph (1) applies to such firearm. The Attorney
General shall ensure that rules and regulations adopted
pursuant to this paragraph do not impair the manufacture of
prototype firearms or the development of new technology.
(4) The Attorney General shall permit the conditional
importation of a firearm by a licensed importer or licensed
manufacturer, for examination and testing to determine whether
or not the unconditional importation of such firearm would
violate this subsection.
(5) This subsection shall not apply to any firearm which--
(A) has been certified by the Secretary of Defense or
the Director of Central Intelligence, after
consultation with the Attorney General and the
Administrator of the Federal Aviation Administration,
as necessary for military or intelligence applications;
and
(B) is manufactured for and sold exclusively to
military or intelligence agencies of the United States.
(6) This subsection shall not apply with respect to any
firearm manufactured in, imported into, or possessed in the
United States before the date of the enactment of the
Undetectable Firearms Act of 1988.
(q)(1) The Congress finds and declares that--
(A) crime, particularly crime involving drugs and
guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in
and around schools, as documented in numerous hearings
in both the Committee on the Judiciary the House of
Representatives and the Committee on the Judiciary of
the Senate;
(D) in fact, even before the sale of a firearm, the
gun, its component parts, ammunition, and the raw
materials from which they are made have considerably
moved in interstate commerce;
(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to
travel to or through certain parts of the country due
to concern about violent crime and gun violence, and
parents may decline to send their children to school
for the same reason;
(F) the occurrence of violent crime in school zones
has resulted in a decline in the quality of education
in our country;
(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign
commerce of the United States;
(H) States, localities, and school systems find it
almost impossible to handle gun-related crime by
themselves--even States, localities, and school systems
that have made strong efforts to prevent, detect, and
punish gun-related crime find their efforts unavailing
due in part to the failure or inability of other States
or localities to take strong measures; and
(I) the Congress has the power, under the interstate
commerce clause and other provisions of the
Constitution, to enact measures to ensure the integrity
and safety of the Nation's schools by enactment of this
subsection.
(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm--
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is
licensed to do so by the State in which the school zone
is located or a political subdivision of the State, and
the law of the State or political subdivision requires
that, before an individual obtains such a license, the
law enforcement authorities of the State or political
subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is--
(I) not loaded; and
(II) in a locked container, or a locked
firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved
by a school in the school zone;
(v) by an individual in accordance with a contract
entered into between a school in the school zone and
the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or
her official capacity; [or]
(vii) by an off-duty law enforcement officer who is a
qualified law enforcement officer (as defined in
section 926B) and is authorized under such section to
carry a concealed firearm, if the firearm is concealed;
(viii) by a qualified retired law enforcement officer
(as defined in section 926C) who is authorized under
such section to carry a concealed firearm, if the
firearm is concealed; or
[(vii)] (ix) that is unloaded and is possessed by an
individual while traversing school premises for the
purpose of gaining access to public or private lands
open to hunting, if the entry on school premises is
authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard
for the safety of another, to discharge or attempt to discharge
a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the person knows
is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a
firearm--
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the
school zone, by an individual who is participating in
the program;
(iii) by an individual in accordance with a contract
entered into between a school in a school zone and the
individual or an employer of the individual; [or]
(iv) by a law enforcement officer acting in his or
her official capacity[.];
(v) by an off-duty law enforcement officer who is a
qualified law enforcement officer (as defined in
section 926B) and is authorized under such section to
carry a concealed firearm; or
(vi) by a qualified retired law enforcement officer
(as defined in section 926C) who is authorized under
such section to carry a concealed firearm.
(4) Nothing in this subsection shall be construed as
preempting or preventing a State or local government from
enacting a statute establishing gun free school zones as
provided in this subsection.
(r) It shall be unlawful for any person to assemble from
imported parts any semiautomatic rifle or any shotgun which is
identical to any rifle or shotgun prohibited from importation
under section 925(d)(3) of this chapter as not being
particularly suitable for or readily adaptable to sporting
purposes except that this subsection shall not apply to--
(1) the assembly of any such rifle or shotgun for
sale or distribution by a licensed manufacturer to the
United States or any department or agency thereof or to
any State or any department, agency, or political
subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the
purposes of testing or experimentation authorized by
the Attorney General.
(s)(1) Beginning on the date that is 90 days after the date
of enactment of this subsection and ending on the day before
the date that is 60 months after such date of enactment, it
shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
a handgun (other than the return of a handgun to the person
from whom it was received) to an individual who is not licensed
under section 923, unless--
(A) after the most recent proposal of such transfer
by the transferee--
(i) the transferor has--
(I) received from the transferee a
statement of the transferee containing
the information described in paragraph
(3);
(II) verified the identity of the
transferee by examining the
identification document presented;
(III) within 1 day after the
transferee furnishes the statement,
provided notice of the contents of the
statement to the chief law enforcement
officer of the place of residence of
the transferee; and
(IV) within 1 day after the
transferee furnishes the statement,
transmitted a copy of the statement to
the chief law enforcement officer of
the place of residence of the
transferee; and
(ii)(I) 5 business days (meaning days on
which State offices are open) have elapsed from
the date the transferor furnished notice of the
contents of the statement to the chief law
enforcement officer, during which period the
transferor has not received information from
the chief law enforcement officer that receipt
or possession of the handgun by the transferee
would be in violation of Federal, State, or
local law; or
(II) the transferor has received notice from
the chief law enforcement officer that the
officer has no information indicating that
receipt or possession of the handgun by the
transferee would violate Federal, State, or
local law;
(B) the transferee has presented to the transferor a
written statement, issued by the chief law enforcement
officer of the place of residence of the transferee
during the 10-day period ending on the date of the most
recent proposal of such transfer by the transferee,
stating that the transferee requires access to a
handgun because of a threat to the life of the
transferee or of any member of the household of the
transferee;
(C)(i) the transferee has presented to the transferor
a permit that--
(I) allows the transferee to possess or
acquire a handgun; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to take
place; and
(ii) the law of the State provides that such a permit
is to be issued only after an authorized government
official has verified that the information available to
such official does not indicate that possession of a
handgun by the transferee would be in violation of the
law;
(D) the law of the State requires that, before any
licensed importer, licensed manufacturer, or licensed
dealer completes the transfer of a handgun to an
individual who is not licensed under section 923, an
authorized government official verify that the
information available to such official does not
indicate that possession of a handgun by the transferee
would be in violation of law;
(E) the Attorney General has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
(F) on application of the transferor, the Attorney
General has certified that compliance with subparagraph
(A)(i)(III) is impracticable because--
(i) the ratio of the number of law
enforcement officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the transferor
at which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer; and
(iii) there is an absence of
telecommunications facilities in the
geographical area in which the business
premises are located.
(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make
a reasonable effort to ascertain within 5 business days whether
receipt or possession would be in violation of the law,
including research in whatever State and local recordkeeping
systems are available and in a national system designated by
the Attorney General.
(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
(A) the name, address, and date of birth appearing on
a valid identification document (as defined in section
1028(d)(1)) of the transferee containing a photograph
of the transferee and a description of the
identification used;
(B) a statement that the transferee--
(i) is not under indictment for, and has not
been convicted in any court of, a crime
punishable by imprisonment for a term exceeding
1 year, and has not been convicted in any court
of a misdemeanor crime of domestic violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted
to any controlled substance (as defined in
section 102 of the Controlled Substances Act);
(iv) has not been adjudicated as a mental
defective or been committed to a mental
institution;
(v) is not an alien who--
(I) is illegally or unlawfully in the
United States; or
(II) subject to subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));
(vi) has not been discharged from the Armed
Forces under dishonorable conditions; and
(vii) is not a person who, having been a
citizen of the United States, has renounced
such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a
handgun from the transferor.
(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer
containing information that receipt or possession of the
handgun by the transferee violates Federal, State, or local law
shall, within 1 business day after receipt of such request,
communicate any information related to the transfer that the
transferor has about the transfer and the transferee to--
(A) the chief law enforcement officer of the place of
business of the transferor; and
(B) the chief law enforcement officer of the place of
residence of the transferee.
(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection
shall not disclose such information except to the transferee,
to law enforcement authorities, or pursuant to the direction of
a court of law.
(6)(A) Any transferor who sells, delivers, or otherwise
transfers a handgun to a transferee shall retain the copy of
the statement of the transferee with respect to the handgun
transaction, and shall retain evidence that the transferor has
complied with subclauses (III) and (IV) of paragraph (1)(A)(i)
with respect to the statement.
(B) Unless the chief law enforcement officer to whom a
statement is transmitted under paragraph (1)(A)(i)(IV)
determines that a transaction would violate Federal, State, or
local law--
(i) the officer shall, within 20 business days after
the date the transferee made the statement on the basis
of which the notice was provided, destroy the
statement, any record containing information derived
from the statement, and any record created as a result
of the notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall
not be conveyed to any person except a person who has a
need to know in order to carry out this subsection; and
(iii) the information contained in the statement
shall not be used for any purpose other than to carry
out this subsection.
(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the
individual requests the officer to provide the reason for such
determination, the officer shall provide such reasons to the
individual in writing within 20 business days after receipt of
the request.
(7) A chief law enforcement officer or other person
responsible for providing criminal history background
information pursuant to this subsection shall not be liable in
an action at law for damages--
(A) for failure to prevent the sale or transfer of a
handgun to a person whose receipt or possession of the
handgun is unlawful under this section; or
(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a handgun.
(8) For purposes of this subsection, the term ``chief law
enforcement officer'' means the chief of police, the sheriff,
or an equivalent officer or the designee of any such
individual.
(9) The Attorney General shall take necessary actions to
ensure that the provisions of this subsection are published and
disseminated to licensed dealers, law enforcement officials,
and the public.
(t)(1) Beginning on the date that is 30 days after the
Attorney General notifies licensees under section 103(d) of the
Brady Handgun Violence Prevention Act that the national instant
criminal background check system is established, a licensed
importer, licensed manufacturer, or licensed dealer shall not
transfer a firearm to any other person who is not licensed
under this chapter, unless--
(A) before the completion of the transfer, the
licensee contacts the national instant criminal
background check system established under section 103
of that Act;
(B)(i) the system provides the licensee with a unique
identification number; or
(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee
contacted the system, and the system has not notified
the licensee that the receipt of a firearm by such
other person would violate subsection (g) or (n) of
this section; and
(C) the transferor has verified the identity of the
transferee by examining a valid identification document
(as defined in section 1028(d) of this title) of the
transferee containing a photograph of the transferee.
(2) If receipt of a firearm would not violate subsection (g)
or (n) or State law, the system shall--
(A) assign a unique identification number to the
transfer;
(B) provide the licensee with the number; and
(C) destroy all records of the system with respect to
the call (other than the identifying number and the
date the number was assigned) and all records of the
system relating to the person or the transfer.
(3) Paragraph (1) shall not apply to a firearm transfer
between a licensee and another person if--
(A)(i) such other person has presented to the
licensee a permit that--
(I) allows such other person to possess or
acquire a firearm; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to take
place; and
(ii) the law of the State provides that such a permit
is to be issued only after an authorized government
official has verified that the information available to
such official does not indicate that possession of a
firearm by such other person would be in violation of
law;
(B) the Attorney General has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
(C) on application of the transferor, the Attorney
General has certified that compliance with paragraph
(1)(A) is impracticable because--
(i) the ratio of the number of law
enforcement officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the licensee at
which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer (as defined in subsection (s)(8)); and
(iii) there is an absence of
telecommunications facilities in the
geographical area in which the business
premises are located.
(4) If the national instant criminal background check system
notifies the licensee that the information available to the
system does not demonstrate that the receipt of a firearm by
such other person would violate subsection (g) or (n) or State
law, and the licensee transfers a firearm to such other person,
the licensee shall include in the record of the transfer the
unique identification number provided by the system with
respect to the transfer.
(5) If the licensee knowingly transfers a firearm to such
other person and knowingly fails to comply with paragraph (1)
of this subsection with respect to the transfer and, at the
time such other person most recently proposed the transfer, the
national instant criminal background check system was operating
and information was available to the system demonstrating that
receipt of a firearm by such other person would violate
subsection (g) or (n) of this section or State law, the
Attorney General may, after notice and opportunity for a
hearing, suspend for not more than 6 months or revoke any
license issued to the licensee under section 923, and may
impose on the licensee a civil fine of not more than $5,000.
(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal
background check system shall be liable in an action at law for
damages--
(A) for failure to prevent the sale or transfer of a
firearm to a person whose receipt or possession of the
firearm is unlawful under this section; or
(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a firearm.
(u) It shall be unlawful for a person to steal or unlawfully
take or carry away from the person or the premises of a person
who is licensed to engage in the business of importing,
manufacturing, or dealing in firearms, any firearm in the
licensee's business inventory that has been shipped or
transported in interstate or foreign commerce.
(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
(A) a handgun; or
(B) ammunition that is suitable for use only in a
handgun.
(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
(A) a handgun; or
(B) ammunition that is suitable for use only in a
handgun.
(3) This subsection does not apply to--
(A) a temporary transfer of a handgun or ammunition
to a juvenile or to the possession or use of a handgun
or ammunition by a juvenile if the handgun and
ammunition are possessed and used by the juvenile--
(i) in the course of employment, in the
course of ranching or farming related to
activities at the residence of the juvenile (or
on property used for ranching or farming at
which the juvenile, with the permission of the
property owner or lessee, is performing
activities related to the operation of the farm
or ranch), target practice, hunting, or a
course of instruction in the safe and lawful
use of a handgun;
(ii) with the prior written consent of the
juvenile's parent or guardian who is not
prohibited by Federal, State, or local law from
possessing a firearm, except--
(I) during transportation by the
juvenile of an unloaded handgun in a
locked container directly from the
place of transfer to a place at which
an activity described in clause (i) is
to take place and transportation by the
juvenile of that handgun, unloaded and
in a locked container, directly from
the place at which such an activity
took place to the transferor; or
(II) with respect to ranching or
farming activities as described in
clause (i), a juvenile may possess and
use a handgun or ammunition with the
prior written approval of the
juvenile's parent or legal guardian and
at the direction of an adult who is not
prohibited by Federal, State or local
law from possessing a firearm;
(iii) the juvenile has the prior written
consent in the juvenile's possession at all
times when a handgun is in the possession of
the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of
the United States or the National Guard who possesses
or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile;
or
(D) the possession of a handgun or ammunition by a
juvenile taken in defense of the juvenile or other
persons against an intruder into the residence of the
juvenile or a residence in which the juvenile is an
invited guest.
(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the
transferor is not in violation of this subsection shall not be
subject to permanent confiscation by the Government if its
possession by the juvenile subsequently becomes unlawful
because of the conduct of the juvenile, but shall be returned
to the lawful owner when such handgun or ammunition is no
longer required by the Government for the purposes of
investigation or prosecution.
(5) For purposes of this subsection, the term ``juvenile''
means a person who is less than 18 years of age.
(6)(A) In a prosecution of a violation of this subsection,
the court shall require the presence of a juvenile defendant's
parent or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce
subparagraph (A).
(C) The court may excuse attendance of a parent or legal
guardian of a juvenile defendant at a proceeding in a
prosecution of a violation of this subsection for good cause
shown.
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
(1) Definitions.--In this subsection--
(A) the term ``alien'' has the same meaning
as in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)); and
(B) the term ``nonimmigrant visa'' has the
same meaning as in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)).
(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B),
and (s)(3)(B)(v)(II) do not apply to any alien who has
been lawfully admitted to the United States under a
nonimmigrant visa, if that alien is--
(A) admitted to the United States for lawful hunting
or sporting purposes or is in possession of a hunting
license or permit lawfully issued in the United States;
(B) an official representative of a foreign
government who is--
(i) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
(ii) en route to or from another country to
which that alien is accredited;
(C) an official of a foreign government or a
distinguished foreign visitor who has been so
designated by the Department of State; or
(D) a foreign law enforcement officer of a friendly
foreign government entering the United States on
official law enforcement business.
(3) Waiver.--
(A) Conditions for waiver.--Any individual
who has been admitted to the United States
under a nonimmigrant visa may receive a waiver
from the requirements of subsection (g)(5),
if--
(i) the individual submits to the
Attorney General a petition that meets
the requirements of subparagraph (C);
and
(ii) the Attorney General approves
the petition.
(B) Petition.--Each petition under
subparagraph (B) shall--
(i) demonstrate that the petitioner
has resided in the United States for a
continuous period of not less than 180
days before the date on which the
petition is submitted under this
paragraph; and
(ii) include a written statement from
the embassy or consulate of the
petitioner, authorizing the petitioner
to acquire a firearm or ammunition and
certifying that the alien would not,
absent the application of subsection
(g)(5)(B), otherwise be prohibited from
such acquisition under subsection (g).
(C) Approval of petition.--The Attorney
General shall approve a petition submitted in
accordance with this paragraph, if the Attorney
General determines that waiving the
requirements of subsection (g)(5)(B) with
respect to the petitioner--
(i) would be in the interests of justice; and
(ii) would not jeopardize the public safety.
(z) Secure Gun Storage or Safety Device.--
(1) In general.--Except as provided under paragraph
(2), it shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell,
deliver, or transfer any handgun to any person other
than any person licensed under this chapter, unless the
transferee is provided with a secure gun storage or
safety device (as defined in section 921(a)(34)) for
that handgun.
(2) Exceptions.--Paragraph (1) shall not apply to--
(A)(i) the manufacture for, transfer to, or
possession by, the United States, a department
or agency of the United States, a State, or a
department, agency, or political subdivision of
a State, of a handgun; or
(ii) the transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off duty);
or
(B) the transfer to, or possession by, a rail
police officer directly employed by or
contracted by a rail carrier and certified or
commissioned as a police officer under the laws
of a State of a handgun for purposes of law
enforcement (whether on or off duty);
(C) the transfer to any person of a handgun
listed as a curio or relic by the Secretary
pursuant to section 921(a)(13); or
(D) the transfer to any person of a handgun
for which a secure gun storage or safety device
is temporarily unavailable for the reasons
described in the exceptions stated in section
923(e), if the licensed manufacturer, licensed
importer, or licensed dealer delivers to the
transferee within 10 calendar days from the
date of the delivery of the handgun to the
transferee a secure gun storage or safety
device for the handgun.
(3) Liability for use.--
(A) In general.--Notwithstanding any other
provision of law, a person who has lawful
possession and control of a handgun, and who
uses a secure gun storage or safety device with
the handgun, shall be entitled to immunity from
a qualified civil liability action.
(B) Prospective actions.--A qualified civil
liability action may not be brought in any
Federal or State court.
(C) Defined term.--As used in this paragraph,
the term ``qualified civil liability action''--
(i) means a civil action brought by
any person against a person described
in subparagraph (A) for damages
resulting from the criminal or unlawful
misuse of the handgun by a third party,
if--
(I) the handgun was accessed
by another person who did not
have the permission or
authorization of the person
having lawful possession and
control of the handgun to have
access to it; and
(II) at the time access was
gained by the person not so
authorized, the handgun had
been made inoperable by use of
a secure gun storage or safety
device; and
(ii) shall not include an action
brought against the person having
lawful possession and control of the
handgun for negligent entrustment or
negligence per se.
* * * * * * *
Sec. 926D. Reciprocity for the carrying of certain concealed firearms
(a) 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.
(b) This section shall not be construed to supersede or limit
the laws of any State that--
(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
(2) prohibit or restrict the possession of firearms
on any State or local government property,
installation, building, base, or park.
(c)(1) A person who carries or possesses a concealed handgun
in accordance with subsections (a) and (b) may not be arrested
or otherwise detained for violation of any law or any rule or
regulation of a State or any political subdivision thereof
related to the possession, transportation, or carrying of
firearms unless there is probable cause to believe that the
person is doing so in a manner not provided for by this
section. Presentation of facially valid documents as specified
in subsection (a) is prima facie evidence that the individual
has a license or permit as required by this section.
(2) When a person asserts this section as a defense in a
criminal proceeding, the prosecution shall bear the burden of
proving, beyond a reasonable doubt, that the conduct of the
person did not satisfy the conditions set forth in subsections
(a) and (b).
(3) When a person successfully asserts this section as a
defense in a criminal proceeding, the court shall award the
prevailing defendant a reasonable attorney's fee.
(d)(1) A person who is deprived of any right, privilege, or
immunity secured by this section, under color of any statute,
ordinance, regulation, custom, or usage of any State or any
political subdivision thereof, may bring an action in any
appropriate court against any other person, including a State
or political subdivision thereof, who causes the person to be
subject to the deprivation, for damages or other appropriate
relief.
(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as
the court deems appropriate, including a reasonable attorney's
fee.
(e) In subsection (a):
(1) The term ``identification document'' means a
document made or issued by or under the authority of
the United States Government, a State, or a political
subdivision of a State which, when completed with
information concerning a particular individual, is of a
type intended or commonly accepted for the purpose of
identification of individuals.
(2) The term ``handgun'' includes any magazine for
use in a handgun and any ammunition loaded into the
handgun or its magazine.
(f)(1) A person who possesses or carries a concealed handgun
under subsection (a) shall not be subject to the prohibitions
of section 922(q) with respect to that handgun.
(2) A person possessing or carrying a concealed handgun in a
State under subsection (a) may do so in any of the following
areas in the State that are open to the public:
(A) A unit of the National Park System.
(B) A unit of the National Wildlife Refuge System.
(C) Public land under the jurisdiction of the Bureau
of Land Management.
(D) Land administered and managed by the Army Corps
of Engineers.
(E) Land administered and managed by the Bureau of
Reclamation.
(F) Land administered and managed by the Forest
Service.
Sec. 926E. Interstate carrying of firearms by Federal judges
Notwithstanding any provision of the law of any State or
political subdivision thereof, a Federal judge may carry a
concealed firearm in any State if such judge is not prohibited
by Federal law from receiving a firearm.
* * * * * * *
Dissenting Views
INTRODUCTION
H.R. 38, the ``Concealed Carry Reciprocity Act of 2017,''
is a dangerous bill that would undermine the core public safety
determinations each state makes, based on the unique
circumstances in each state and the desires of its citizens,
concerning the concealed carrying of guns in public. The bill
would force each state that allows the concealed carrying of
firearms under any conditions to accept concealed handgun carry
permits from every other state, even if the permit holder would
not be allowed to carry or even possess a handgun in the state
where he or she is traveling. Not surprisingly, this measure is
strongly opposed by various law enforcement organizations, 17
state attorneys general, and the U.S. Conference of Mayors,
among others.\1\ Because H.R. 38 would endanger the citizens of
the states whose laws would be overruled, and for the reasons
stated below, we urge our colleagues to oppose this seriously
flawed legislation and we respectfully dissent.
---------------------------------------------------------------------------
\1\See, e.g., Press Release, National Law Enforcement Partnership
to Prevent Gun Violence, Statement on the Concealed Carry Reciprocity
Act of 2017--S. 446 & H.R. 38 (Jul. 7, 2017), https://
www.lepartnership.org/wp-content/uploads/2017/07/LEP_Letter-2017-1_CCW-
HouseSenate.pdf; Letter from Eric Schneiderman, N.Y. State Attorney
General, et al., to Mitch McConnell, Senate Majority Leader, et al.
(Oct. 22, 2017); U.S. Conference of Mayors 85th Annual Meeting
Resolution (June 23-26, 2017), available at http://legacy.usmayors.org/
resolutions/85th_Conference/
proposedcommittee.asp?committee=Criminal%20and%20Social%20Justice.
---------------------------------------------------------------------------
DESCRIPTION AND BACKGROUND
The central purpose of H.R. 38 is to authorize anyone who
is allowed by one state to carry a concealed handgun to carry a
concealed handgun in any other state that allows individuals to
carry concealed firearms, even if the other states have higher
standards, based on public safety considerations, for granting
concealed carry privileges. Concealed carry permits are issued
at the state level with each state determining who is allowed
to carry concealed firearms based on the state's core public
safety laws. Although all 50 states allow concealed carry of
firearms in some form, the standards vary greatly.\2\ In many
states, the standards are much more relaxed while other states
require higher standards before a concealed carry permit will
be issued.
---------------------------------------------------------------------------
\2\Everytown for Gun Safety, State-by-State Danger of Overriding
Concealed Carry Laws, available at https://everytownresearch.org/state-
by-state-danger-of-overriding-concealed-carry-laws/.
---------------------------------------------------------------------------
Under current law, each state determines if it will
recognize concealed carry permits issued by other states. There
are 11 states that do not recognize concealed carry permits
issued by other states.\3\ Most other states only recognize
some concealed carry permits issued by other states, usually
those with equivalent standards.\4\ H.R. 38 would disregard
these critical, locally-based determinations.
---------------------------------------------------------------------------
\3\Everytown for Gun Safety, Concealed Carry Reciprocity (H.R. 38):
Overriding State Public Laws, available at http://
everytownresearch.org/concealed-carry-reciprocity-h-r-38-overriding-
state-public-safety-laws/.
\4\Id.
---------------------------------------------------------------------------
CONCERNS WITH H.R. 38
H.R. 38 eviscerates the authority of states to set their
own eligibility standards for who may carry a concealed, loaded
gun in public. State officials, law enforcement, and
legislators are in the best position to decide crime-fighting
policies for their respective jurisdictions. For example, the
needs of rural areas may not fit the needs of big cities and
vice-versa.
States often set standards for carrying handguns on city
streets that include criteria that exceed the requirement that
an applicant pass a federal background check. For instance,
many states, including those with strong gun rights traditions,
have enacted laws that prohibit concealed handgun carrying by
certain categories of individuals, including varying laws
concerning who may possess firearms under any circumstances.
These include teenagers, alcohol abusers, and individuals who
pose a danger to others, or those who have not completed basic
safety training. For example, 27 states and the District of
Columbia prohibit people convicted of misdemeanor crimes of
violence from carrying concealed guns in public and 35 states
and the District of Columbia exceed federal protections by
prohibiting abusive dating partners from carrying concealed
guns in public. Even the many states that require safety
training or live-fire training to obtain concealed carry
permits would have these laws dangerously ignored should H.R.
38 become law.\5\
---------------------------------------------------------------------------
\5\Id.
---------------------------------------------------------------------------
Various analyses of state concealed carry laws indicate
that ``weak permitting systems allow dangerous people to carry
guns,''\6\ but under H.R. 38 the state with the weakest
standards for issuing concealed carry permits would override
any state with more restrictive standards. As a result, the
bill would allow individuals to carry in those states that
would not have issued concealed carry permits to individuals
unable to meet the more restrictive standards. The national
standard for carrying concealed firearms would, in effect, be
set by those states with the most relaxed standards for issuing
permits.\7\ Even individuals authorized to carry concealed guns
in those states that do not require concealed carry permits
would be allowed to engage in concealed carry in states with
higher standards.
---------------------------------------------------------------------------
\6\Giffords Law Center to Prevent Gun Violence, Concealed Weapons
Permitting, available at http://smartgunlaws.org/gun-laws/policy-areas/
firearms-in-public-places/concealed-weapons-permitting/
\7\Center for American Progress, Fact Sheet, Federally Mandated
Concealed Carry Legislation (Jan. 2017).
---------------------------------------------------------------------------
H.R. 38 would make presentation of facially valid documents
prima facie evidence that the individual has a required
concealed carry license or permit. Currently, each state
determines if it will recognize concealed carry permits issued
by other states. A nationwide system by which concealed carry
permits can be verified does not exist and, in some states,
concealed carry permits cannot be verified within the state, as
there is no statewide system of all concealed carry permits.\8\
This bill would grant people who have obtained a permit from
any state the authority to carry concealed handguns across the
country with no verification as long as individuals can present
a facially valid document purporting to be a concealed carry
permit.
---------------------------------------------------------------------------
\8\Everytown for Gun Safety, State-by-State Danger of Overriding
Concealed Carry Laws.
---------------------------------------------------------------------------
With these public safety dangers posed by the bill,
Committee Democrats offered numerous amendments to uphold the
concealed carry restrictions of each state. These include the
following:
Violent Misdemeanor Offenses. Congressman Jerrold Nadler
(D-NY) offered an amendment to prohibit offenders who have been
convicted of a violent misdemeanor in the past three years from
carrying a concealed gun in a state where that conviction would
otherwise disqualify them from carrying in public. The
amendment was defeated by a vote of 12-15.
Domestic Violence Offenses. Congresswoman Sheila Jackson
Lee (D-TX) offered an amendment to block domestic abusers and
stalkers from taking advantage of imposed reciprocity. The
amendment would have prevented the bill from overriding the
laws of states that prevent the carrying of concealed guns by
certain domestic abusers and stalkers, particularly dating
partners. The amendment was defeated by a vote of 8-16.
Anti-Forum Shopping. Congresswoman Zoe Lofgren (D-CA)
offered an amendment to require that an individual be a
resident of the state from which their concealed carry permit
is issued in order for the individual to take advantage of the
bill's reciprocity. The amendment was defeated by a vote of 8-
17.
Protecting State Public Safety Standards. Congressman Jamie
Raskin (D-MD) offered an amendment to allow states to retain
their own public safety standards, while recognizing concealed
carry permits from out-of-state residents only if their permits
are from states with similar standards, including any gun
safety training and live-fire training, for granting the
permits. The amendment failed, despite Democratic support, by a
voice vote.
State Laws Safeguarding Private Property. Congressman Ted
Deutch (D-FL) offered an amendment to ensure that state
prohibitions or restrictions on the possession of firearms on
private property would not be superseded. The amendment was
defeated by a vote of 10-14.
State Laws with Age Restrictions. Congressman Steve Cohen
(D-TN) offered an amendment to prevent the bill's forced
reciprocity from overriding state laws prohibiting individuals
younger than 21 years of age from carrying concealed guns. The
amendment was defeated by a vote of 8-17.
High Capacity Ammunition Magazines. Congressman David
Cicilline (D-RI) offered an amendment to prohibit the bill from
allowing the carrying of high capacity magazines for use with
handguns across state lines. The amendment was defeated by a
vote of 7-17.
State Laws Concerning Handgun Possession. Congressman Eric
Swalwell (D-CA) offered an amendment to prevent the bill from
overriding state laws restricting possession of handguns. The
amendment failed by a vote of 7-12.
Assaulting or Impersonating a Police Officer. Congressman
Swalwell offered an amendment to prevent the bill from
overriding state laws prohibiting persons convicted of
misdemeanor offenses of assaulting or impersonating a police
officer from carrying concealed guns. The amendment failed by a
vote of 8-15.
Restrictions on Concealed Carry on Certain Beaches.
Congressman Deutch offered an amendment to prohibit the bill
from allowing the concealed carrying of guns on land
administered and managed by the Army Corps of Engineers. The
amendment failed, despite Democratic support, by a voice vote.
Animal Cruelty. Congressman Deutch offered an amendment to
prohibit individuals from taking advantage of the reciprocity
provided by the bill if they have been convicted of cruelty to
animals within the past five years. The amendment failed by a
vote of 8-12.
Requiring Periodic Background Checks and Verification
Mechanism. Congressman Raskin offered an amendment to require
concealed carry reciprocity under the bill to apply only to
those states that: (1) can verify the existence of a license or
permit on a 24-hour per day basis; (2) conduct a biannual
background check to verify that concealed carry license holders
are legally eligible to possess firearms; and (3) can revoke
the license if the holder is not eligible to hold the license.
This amendment failed by a vote of 8-17.
Respecting the Laws of the District of Columbia.
Congressman Raskin offered an amendment to prevent the bill
from forcing concealed carry reciprocity onto the District of
Columbia. The amendment failed, despite Democratic support, by
voice vote.
Hate Crimes Offenses. Congresswoman Jackson Lee offered an
amendment to prevent the carrying of concealed guns under the
bill by anyone convicted of federal or state hate crimes. The
amendment failed by a vote of 8-19.
Driving Under the Influence Offenses. Congressman Brad
Schneider (D-IL) offered an amendment to prevent the bill from
overriding state laws to prohibit concealed carry by an
individual who has been twice convicted of operating a motor
vehicle under the influence of alcohol or a controlled
substance. The amendment failed by a vote of 9-18.
Background Check Requirements. Congressman Swalwell offered
an amendment to prohibit concealed carry reciprocity for an
individual unless the person's home state and the state into
which they are transporting the handgun require background
checks for prospective purchasers. The amendment failed by a
vote of 10-18.
Committee Democrats offered these amendments to defend the
ability of states to protect their citizens from gun violence.
The bill ignores fundamental federalism principles and
disregards state laws setting minimum public safety standards
for carrying concealed guns, which courts have recognized as
within the lawful, constitutional power of the states to enact.
The Supreme Court has stated that even prohibitions on
concealed carrying are permissible.In District of Columbia v.
Heller,\9\ a case in which the Supreme Court held that the
District's handgun ban was unconstitutional, Justice Antonin
Scalia, writing for the majority, specified that the Court's
holding did not ``cast doubt'' on other gun laws and noted that
``[w]e identify these presumptively lawful regulatory measures
only as examples; our list does not purport to be
exhaustive.''\10\ In discussing long-understood limitations on
the right to keep and bear arms, Justice Scalia noted that
``the majority of the 19th-century courts to consider the
question held that prohibitions on carrying concealed weapons
were lawful under the Second Amendment or state
analogues.''\11\ The Court thus reaffirmed its ruling in
Robertson v. Baldwin issued 120 years ago that ``the right of
the people to keep and bear arms (article 2) is not infringed
by laws prohibiting the carrying of concealed weapons.''\12\
State laws governing such conduct, directly bearing on
questions of public safety, should therefore not be nullified
by Congress.
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\9\554 U.S. 570 (2008).
\10\Id. at 627 n. 26.
\11\Id. at 626.
\12\165 U.S. 275, 281-82 (1897).
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In addition, implementation of this bill would endanger law
enforcement officers as they work to keep us safe. Policing our
streets and conducting traffic stops are already perilous
enough without increasing the number of guns officers
encounter. The bill would make it nearly impossible for law
enforcement officers, fearing legal liability under the bill,
to determine whether someone carrying a gun is doing so
illegally. Officers would have to distinguish between real and
fake carry permits issued not only by their own state, but by
every state. All of this is complicated by the fact that there
is no national database of permit holders.
CONCLUSION
The answer to our national problem of gun violence is not
that we need more people carrying concealed firearms on our
streets. More than 33,000 Americans lose their life to gun
violence each year, while in some other countries this figure
barely exceeds 100.\13\ For example, in 2011 the United Kingdom
had 146 deaths due to gun violence; Denmark, 71; Portugal, 142;
and Japan, just 30.\14\ A study in the American Journal of
Medicine found that, compared to 22 other high-income
countries, the gun-related murder rate in the United States is
25 times higher.\15\ We must change our approach to this issue
and adopt meaningful legislation that strengthens our gun laws
instead of weakening them. And, we must not undermine the
efforts of states to defend their citizens against these harms.
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\13\Mona Chalabi, How Bad is U.S. Gun Violence? These Charts Show
the Scale of the Problem, Guardian (Oct. 5, 2017), https://
www.theguardian.com/us-news/2017/oct/05/us-gun-violence-charts-data.
\14\The University of Sydney's Sydney School of Public Health, Gun
Facts, Figures and the Law, http://www.gunpolicy.org/.
\15\Daniel White, America's Gun Homicide Rate Is 25 Times Higher
Than Other Rich Countries, Time (Feb. 3, 2016), http://time.com/
4206484/america-violent-death-rate-higher/.
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States are in the best position to determine which measures
best protect their citizens, based on the circumstances and
judgments peculiar to each state, and the Second Amendment does
not confer a right to carry concealed firearms in violation of
state law standards enacted in order to enhance public safety.
As the National Law Enforcement Coalition to Prevent Gun
Violence, in a statement opposing H.R. 38, observed ``We reject
the idea that one state's approach to carrying a concealed
firearm will work across the country. States and localities
should maintain their rights to legislate concealed carry laws
that best meet the needs of their citizens.''\16\ We agree.
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\16\See Press Release, National Law Enforcement Partnership to
Prevent Gun Violence, Statement on the Concealed Carry Reciprocity Act
of 2017--S. 446 & H.R. 38 (Jul. 7, 2017).
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For the forgoing reasons, we respectfully dissent.
Mr. Nadler.
Ms. Lofgren.
Ms. Jackson Lee.
Mr. Steve Cohen.
Mr. Johnson, Jr.
Mr. Deutch.
Mr. Gutierrez.
Mr. Bass.
Mr. Richmond.
Mr. Jeffries.
Mr. Cicilline.
Mr. Swalwell.
Mr. Lieu.
Mr. Raskin.
Ms. Jayapal.
[all]