National Reciprocity

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North Carolina Police Chiefs Against Reciprocity

April 30, 2018 by 2 Comments

It is not news that many big city police chiefs are against national reciprocity for concealed carry. Earlier in April, the International Association of Chiefs of Police sent a letter to Congress expressing their disapproval for HR 38 and S. 446.

What should be news is the hypocrisy of those chiefs from North Carolina who have signed on to the letter. It is hypocritical to argue against reciprocity for North Carolinans with valid permits visiting any other state when North Carolina law recognizes ALL permits from other states. In other words, North Carolina General Statute § 14-415.24 (a) provides for universal reciprocity for out-of-state permits.

If your police chief listed below is one of the signatories to the letter, you might want to ask him or her why they think North Carolinians should have the same rights accorded to visitors to this state.

Police Chief Bernette Morris, Morehead City Police Department, Morehead City, NC


Chief of Police and Executive Director for Community Safety Christopher C. Blue, Chapel Hill Police Department, Chapel Hill, NC


Chief of Police Monroe Wagoner, Elkin Police Department, Elkin, NC


Chief of Police Gina Hawkins, Fayetteville Police Department, Fayetteville, NC


Chief of Police Jeff Prichard, Graham Police, Graham, NC


Chief Wallace W. Layne, Holden Beach Police, Holden Beach, NC


Chief of Police Timothy R. Summers, Kernersville Police Department, Kernersville, NC


Chief of Police Joel Johnson, Kitty Hawk Police Department, Kitty Hawk, NC


Chief of Police Allen Lawrence, Marion Police Department, Marion, NC


Chief of Police Tim Ledford, Mint Hill Police Department, Mint Hill, NC


Chief of Police James Wilson, Norwood Police Department, Norwood, NC


Chief of Police Ryan James Thompson, Pine Knoll Shores Police Department, Pine Knoll Shores, NC


Chief of Police Robert Hassell, Reidsville Police Department, Reidsville, NC


Chief of Police Kenneth J. Klamar, Sunset Beach Police, Sunset Beach, NC


Chief Daniel Wilcox, Cape Fear Community College PD, Wilmington, NC


Chief of Police Timothy J. Wenzel, Aberdeen Police Department, Aberdeen, NC


Chief of Police John Letteney, Apex Police Department, Apex, NC


Chief of Police Paul D. Burdette Jr., Beaufort Police Department, Beaufort, NC


Chief of Police John Phillip Harris, Jr., City of Brevard Police Department, Brevard, NC


Chief of Police Walter Horton, Carrboro Police Department, Carrboro, NC


Chief of Police James A. Reese, Emerald Isle Police Department, Emerald Isle, NC



Chief of Police Laura Fahnestock, Fuquay-Varina Police Department, Fuquay-Varina, NC


Chief of Police Ronald L Matthews, Garland Police Department, Garland, NC


Chief of Police Brandon Zuidema, Garner PD, Garner, NC


Chief of Police Michael Andrew Winters, Long View Police Department, Long View, NC


Chief of Police Erik S. McGinnis, Misenheimer Police Dept., Misenheimer, NC


Chief of Police David Ng, WakeMed Campus Police and Public Safety, Raleigh, NC


Police Chief C.T. Hasty Jr, Roanoke Rapids Police Department, Roanoke Rapids, NC


Chief of Police/Director of Public Safety Patricia D. Norris, Winston-Salem State University Police, Winston-Salem, NC


Chief of Police John J. Ruppe, Woodland Police Department, Woodland, NC


Chief of Police Jeff Harvet, Atlantic Beach police, Atlantic Beach, NC


Chief of Police Farron Gray Jester, Boonville Police Department, Boonville, NC

Moreover, just so we are clear as to North Carolina’s place in the fight for national carry reciprocity, Rep. Richard Hudson (R-NC-8) is the primary sponsor of HR 38.

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Today’s The Day

December 6, 2017 by

Today is the day that national concealed carry reciprocity finally comes to the floor of the House of Representatives. We have been promised it since last year’s Presidential campaign. It should have come up in March or April but the House Republican leadership seems to have been dragging their feet on this.

We have seen reciprocity pass the House before only to die in the Senate. HR 822 passed the House by a strong majority (272-154) back in November 2011. As much as some are upset about the pairing of carry reciprocity with the Fix NICS Act, that plus the number of red state Democrats up for re-election in the Senate may be the thing that gets it passed. The main thing in the Senate is not only to get it passed but to get it passed without amendments that would either cripple reciprocity or would add a virtual assault weapons ban to the bill. I could see Sen. Dianne Feinstein trying to do both of those things.

In the meantime, here is the schedule for today as put out by the House Majority Leader’s Office.

H.R. 38 – Concealed Carry Reciprocity Act of 2017, Rules Committee Print (Closed Rule, One Hour of Debate) (Sponsored by Rep. Richard Hudson / Judiciary Committee)
Postponed Suspension Votes:
1) S. 1266 – Enhancing Veteran Care Act (Sponsored by Sen. James M. Inhofe / Veterans Affairs Committee)
2) H.Con.Res. 90 – Condemning ethnic cleansing of the Rohingya and calling for an end to the attacks in and an immediate restoration of humanitarian access to the state of Rakhine in Burma, as amended (Sponsored by Rep. Joseph Crowley / Foreign Affairs Committee)
Special Order Speeches

The House will first have to vote on House Resolution 645 which contains the rule for consideration of HR 38. The Rules Committee provided this summary of the rule:

Rule Information

COMMITTEE ACTION:
REPORTED BY RECORD VOTE of 8-3 on Tuesday, December 5, 2017.
FLOOR ACTION ON H. RES. 645: 
MANAGERS: Collins/Hastings
1. Closed rule.
2. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
3. Waives all points of order against consideration of the bill.
4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-45 shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Provides one motion to recommit with or without instructions.

The bottom line is that today is the day to light up the phones to Capitol Hill and district offices. You can be damn sure the gun prohibitionists are doing it and thanks to Giffords you know what they are going to say.

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Too Slick By Half

December 6, 2017 by 2 Comments

The (anti-gun) cult of personality known as Giffords has produced a Concealed Carry Reciprocity Toolkit for all their uninformed followers. It provides talking points, phone scripts, email templates, pre-written tweets, ready-to-use graphics, and loaded (pun intended) town hall questions.

Here are some of their talking points:

TALKING POINTS

  • This bill would make it legal for dangerous and untrained people to carry loaded, hidden guns in more public places. If this bill passes, people who are prohibited from getting a concealed carry permit in a state with strong gun laws will be allowed to apply for a permit in a state with weaker laws. This includes convicted stalkers, domestic abusers, people convicted of violent crimes, and people with no training or experience firing a gun.

  • This bill fails to create a national standard for who should be allowed to carry a concealed weapon and undermines states rights by forcing states with strong concealed carry laws to honor permits from states with weak or non-existent concealed carry laws. Right now, states have the right to choose which states’ concealed carry permits they recognize, which is important because the requirement to carry hidden, loaded guns in public vary drastically from state to state. If this bill passes, that will no longer be the case.
  • Concealed carry reciprocity will make it nearly impossible for law enforcement officers to quickly and easily verify that people carrying a hidden, loaded weapon are doing so legally. Nearly every major law enforcement association OPPOSES this bill because of its disastrous consequences for public safety.
  • Concealed carry reciprocity will threaten the safety of victims of domestic violence, dating violence and stalking by enabling domestic violence offenders to follow their victims across state lines with loaded, concealed firearms. Preliminary data from the National Domestic Violence Hotline shows that 23% of victims reported that their abuser crossed state lines in an attempt to further assault their victims.
  • Weakening gun laws will increase violent crime in our communities. Recent research found that violent crime increased in states that loosened concealed carry laws, with 10% more murders and up to 14% more violent crime.

You can examine the entire document here.

What I think this illustrates is just how much of a top-down, Astro-turf organization that the group formerly known as Americans for Responsible Solutions really is. This was obviously created for them by public relations and media professionals. It assumes that the Know Nothings who feel that “something has to be done” are too uninformed to write their own letters or say something more than “I’m against this” when calling Congressional offices.

I find it highly ironic that a group so closely associated with the Democrats would go full “states’ rights” in their opposition to carry reciprocity. While it is now the rallying cry of the progressives on this issue, it was the rallying cry for racist Democrats in the 1950s and 60s in their opposition to integration and civil rights.

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Is The NRA Making A Grand Trade Or Merely Punting?

October 5, 2017 by 7 Comments

Bump fire stocks have come under increased scrutiny since the mass casualty even in Las Vegas where it appears the killer used them in his violent rampage. There have been bills introduced as well as increasing calls for them to be banned. They were originally approved by BATFE during the Obama Administration when it was concluded that they did not convert a semi-auto firearm into a full-auto firearm.

This afternoon the NRA released a joint statement from Wayne LaPierre and Chris Cox which called upon BATFE to re-review bump fire stocks and to subject them to additional regulations.

(FAIRFAX, VA) – The National Rifle Association today issued the following statement:

“In the aftermath of the evil and senseless attack in Las Vegas, the American people are looking for answers as to how future tragedies can be prevented. Unfortunately, the first response from some politicians has been to call for more gun control. Banning guns from law-abiding Americans based on the criminal act of a madman will do nothing to prevent future attacks. This is a fact that has been proven time and again in countries across the world. In Las Vegas, reports indicate that certain devices were used to modify the firearms involved. Despite the fact that the Obama administration approved the sale of bump fire stocks on at least two occasions, the National Rifle Association is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to immediately review whether these devices comply with federal law. The NRA believes that devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations. In an increasingly dangerous world, the NRA remains focused on our mission: strengthening Americans’ Second Amendment freedom to defend themselves, their families and their communities. To that end, on behalf of our five million members across the country, we urge Congress to pass National Right-to-Carry reciprocity, which will allow law-abiding Americans to defend themselves and their families from acts of violence.”

This statement leads to the question of the day: is the NRA trading a bump fire stock ban for national right-to-carry reciprocity or are they merely punting in the face of opposition to them from even some in the GOP who had been supportive of gun rights?

The NRA has always engaged in realpolitik in recent years. This may be a case of appearing to be willing to deal on the regulation of one gun-related item in exchange for loosening another. If so, they are trading a novelty item for something rather substantial. My only fear is that they could get out-maneuvered by trying to placate the gun prohibitionists on this one item.

I don’t care about bump fire stocks. I’m never going to buy one or put one on my AR.  However, if bump fire stocks are banned now what is to say that other gun parts such as adjustable stocks or standard capacity magazines won’t be banned later. If you open the door to the ban on one thing, don’t you open the door to the ban of anything firearm related?

UPDATE: Chris Cox of the NRA-ILA went on Fox’s Tucker Carlson Tonight to explain the NRA’s position and to call for national carry reciprocity. I’ll let you make the call whether it is a good idea or not.

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Resolution Against Civil Rights In California

August 31, 2017 by 1 Comment

First, it was about guns for Native Americans. Then, it was to prevent Latinos and Chinese from obtaining firearms. Now, it is about carry for the rest of us. I won’t begin to even mention the Berkeley police standing down and letting domestic terrorists (Antifa) beat free speech advocates.

That’s a nice record you got going there California.

From the Firearms Policy Coalition on a new Assembly resolution that would oppose national carry reciprocity:

SACRAMENTO, CA (August 28, 2017) — Asm. Miguel Santiago (D-Los Angeles) is asking the California State Legislature once again express their contempt for civil rights with the introduction of Assembly Joint Resolution (AJR) 24.

AJR 24 voices the Legislature’s opposition to current efforts in congress to pass “concealed carry reciprocity” legislation (S. 446 and H.R. 38) and any other similar legislation because it would require all states to recognize the concealed carry licenses of other states, creating equity for all when it comes to exercising the constitutional right to bear arms.

“This is not the first time the California Legislature has expressed their complete and utter disregard civil rights” stated Craig DeLuz, Spokesman for the Firearms Policy Coalition (FPC). “California has a long and tortured history with using gun laws to pick winners and losers instead of supporting equality and civil rights for all.”

The first gun control law passed in California, AB 80 was enacted in 1854. It was, “An Act to prevent the sale of firearms and ammunition to the Indians in this State.” In 1924 the Hawes Act was enacted to prevent Hispanics and Chinese from obtaining firearms. It also modified California’s concealed carry permit program to allow local law enforcement to subjectively discriminate in the issuance of permits under the guise of “discretion”, a practice that continues to this day.

Under California law, even if a law abiding resident passes thorough federal, state and local background checks, successfully completes specified training, which includes the law relating to use of force, and demonstrates competency with their firearm, they can still be turned down by the local sheriff or police chief for absolutely no objective reason at all.

Then there was the Mulford Act of 1967, which banned the right to openly carry a loaded firearm. This measure was meant to disarm civil rights activists groups like the Black Panthers.

“Gun control in California has always seemed to be about keeping unfavored groups of people from owning, possessing or bearing firearms”, said DeLuz. “ In AJR 24, the unfavored group of people are those who visit here from states that actually respect the second amendment rights of their residents.”

AJR 24 has been referred to the Assembly Public Safety Committee, where FPC plans to vigorously oppose it. “California is not an island and needs to respect the rights of all Americans.” said DeLuz, “We understand that they don’t respect the rights of their own residents. But now they want to export their discriminatory policies to all 50 states.”

No hearing date has been set for either the Congressional bills or AJR 24.

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Trotting Out A Dusty Old Canard

May 23, 2017 by 9 Comments

I got an email yesterday from the Brady Campaign. Now that in and of itself is not unusual. They are usually begging for money almost as frequently as Gabby Gifford’s American for Responsible Solutions.

No, what I found intriguing was the depths that these people will sink to in order to push their anti-rights agenda. I shouldn’t be surprised given how in the Paul Helmke era they tried to portray a young James D’Cruz as an unhinged kid who would shoot up a school. That would be the same Mr. D’Cruz who just graduated this month from Harvard Law School.

This time Dan Gross and his advertising minions are now labeling national carry reciprocity as “the Zimmerman Bill”. They say it will give felons, domestic abusers, and fugitives an open license to carry like that “criminal George Zimmerman”. Yes, they actually referred to George as a criminal even though a jury of his peers found him not guilty. This is outright defamation. I have met George, spoken with George, and have seen how his life will never be the same after he defended himself. He is not an evil man. He is merely a guy who was attacked by a wannabe thug with evil intent who had to defend himself.

There is another subtle message that the Brady Campaign is implying by bringing George Zimmerman into the conversation about concealed carry. The message is that concealed carry will allow whites to kill blacks with impunity. Of course, nothing could be further from the truth but then expecting truth from the gun prohibitionists is an exercise in futility.

I have reposted the Brady Campaign’s email below so you see for yourself the depths to which they will go.

It may seem all eyes are on Trump’s Russia drama right now, but the gun industry has stayed laser-focused on profits and pushing the myth that more guns make the country safer.

You and I both know that’s a lie. But their latest attempt to put guns in the hands of every American — no matter how dangerous — is perhaps their most outrageous yet.

Trump and the gun industry have pushed Congress to introduce the Zimmerman Bill — what they call “concealed carry reciprocity.” This dangerous bill would roll back gun safety laws in nearly every state, forcing states with strong state laws to accept anyone with permission or a permit to carry a concealed gun, including criminals like George Zimmerman. This bill would create a system with no standards, no rules and no borders.

If the Zimmerman Bill becomes law, states working hard to keep guns out of the hands of dangerous people would be at the mercy of states that do nothing to stop felons, domestic abusers, fugitives and people who are a danger to themselves or others from carrying loaded, hidden guns in public.

This bill already has nearly 200 cosponsors in the House of Representatives. But we can stop it! Sign our petition opposing the Zimmerman Bill today and stand together for a safer country.

Thank you for all you do,

Dan

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He Beat Us To It

November 12, 2016 by 4 Comments

Many in the gun rights community have been coming up with our wish lists now that Donald Trump has been elected President. Given the support from the NRA, other gun rights organizations, and the gun culture was critical in his win, it’s payback time.

Among the things I’ve been hoping for is national concealed carry reciprocity, removal of suppressors from the NFA through passage of the Hearing Protection Act, overturning previous executive orders by Presidents George H. W. Bush and Barack Obama, and the elimination of the sporting use test from the Gun Control Act of 1968. This is in addition to appointing judges and justices that will will uphold and expand Heller and McDonald. Of course that is just a start.

Well it looks like President-elect Trump (has a nice ring to it!) has beat us to the punch on national reciprocity and the elimination of gun free zones on military bases.

From a position paper released today:

GUN AND MAGAZINE BANS. Gun and magazine bans are a total failure. That’s been
proven every time it’s been tried. Opponents of gun rights try to come up with scary
sounding phrases like “assault weapons”, “military-style weapons” and “high capacity
magazines” to confuse people. What they’re really talking about are popular semiautomatic
rifles and standard magazines that are owned by tens of millions of
Americans. Law-abiding people should be allowed to own the firearm of their choice.
The government has no business dictating what types of firearms good, honest people
are allowed to own.


BACKGROUND CHECKS. There has been a national background check system in
place since 1998. Every time a person buys a gun from a federally licensed gun dealer
– which is the overwhelming majority of all gun purchases – they go through a federal
background check. Study after study has shown that very few criminals are stupid
enough to try and pass a background check – they get their guns from friends/family
members or by stealing them. So the overwhelming majority of people who go through
background checks are law-abiding gun owners. When the system was created, gun
owners were promised that it would be instant, accurate and fair. Unfortunately, that
isn’t the case today. Too many states are failing to put criminal and mental health
records into the system – and it should go without saying that a system’s only going to
be as effective as the records that are put into it. What we need to do is fix the system
we have and make it work as intended. What we don’t need to do is expand a broken
system.


NATIONAL RIGHT TO CARRY. The right of self-defense doesn’t stop at the end of
your driveway. That’s why I have a concealed carry permit and why tens of millions of
Americans do too. That permit should be valid in all 50 states. A driver’s license works
in every state, so it’s common sense that a concealed carry permit should work in every
state. If we can do that for driving – which is a privilege, not a right – then surely we can
do that for concealed carry, which is a right, not a privilege.


MILITARY BASES AND RECRUITING CENTERS. Banning our military from carrying
firearms on bases and at recruiting centers is ridiculous. We train our military how to
safely and responsibly use firearms, but our current policies leave them defenseless. To
make America great again, we need a strong military. To have a strong military, we
need to allow them to defend themselves.

The position paper also notes that Trump himself has a concealed carry permit.

This is a great way to end the week!

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John Cornyn On His Reciprocity Bill

February 16, 2015 by 2 Comments

Sen. John Cornyn (R-TX) introduced his bipartisan S. 498, The Constitutional Concealed Carry Reciprocity Act of 2015, on Thursday. It currently has 16 co-sponsors including one of my own senators, Sen. Richard Burr (R-NC), and Sen. Joe Manchin (D-WV). The text of the bill is not yet available. An identical bill, HR 923, has been introduced into the House by Rep. Marlin Stutzman (R-IN).

I have more hopes for this bill in this session of Congress than in past sessions. First, Sen. Cornyn is the Majority Whip or number two Republican in the Senate. Second, Sen. Chuck Grassley (R-IA) is a co-sponsor and the bill has to go through his committee. Finally, there is a Republican majority in both houses of Congress. What happens when it hits Obama’s desk is another story unless it is merged in with something he desperately wants as was carry in National Parks.

Sen. Cornyn was interviewed by Cam Edwards of NRA News regarding this bill on Friday. Among the points brought out by Cornyn are that the bill is intended to eliminate “gotcha” moments like happened to Shaneen Allen, he thought national reciprocity was analogous to how his Texas driver’s license is recognized in all states, and he thought a number of Democrats will support the bill. He was less optimistic about the reception it would get from President Obama. Cornyn did say it was early in the process and that there is a need to build public opinion in support of the bill. He urged people to contact their Senators and Representatives expressing their support for this bill.

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Regarding Cornyn And National Right To Carry Reciprocity

April 18, 2013 by 7 Comments

One of the amendments offered yesterday was on national right-to-carry. It was offered by Sen. John Cornyn (R-TX). Because it didn’t get 60 votes in favor, it was considered defeated. The final vote was 57 ayes to 43 nays.

I think the mood in the Senate yesterday was that if Manchin-Toomey didn’t pass, nothing was going to pass good or bad. Otherwise you wouldn’t have had 44 Senators voting against the Burr Amendment which would have protected the Second Amendment rights of veterans by requiring that they be adjudicated mentally incompetent before losing their gun rights. To me, that amendment was right up there with Mom, apple pie, and baseball.

What does this mean for national right-to-carry in general? As I see it, national right to carry reciprocity legislation has a majority of the Senate in support of it. However, it is not a filibuster-proof majority as it didn’t get 60 votes. It would be foolish to think that a Senator Boxer or a Senator Schumer would not filibuster this as a stand alone bill.

A number of the senators voting against the bill come from states with strong shall-issue carry laws. It might be possible to gain the remaining three needed votes. I see Sen. Harry Reid’s votes as a “tactical no” while a Nelson of Florida or a King of Maine might be persuaded to listen to their constituents. It would be close and it again shows the folly of the Republicans in nominating weak, stupid, or ineffectual candidates. McCaskill of Missouri, Kaine of Virginia, and Baldwin of Wisconsin should have been beaten in 2012 and weren’t. That would have been the three needed votes.

Ah, woulda, coulda, shoulda.

Here is the breakdown of the roll call vote on the Cornyn Amendment.

YEAs —57
Alexander (R-TN)
Ayotte (R-NH)
Barrasso (R-WY)
Baucus (D-MT)
Begich (D-AK)
Blunt (R-MO)
Boozman (R-AR)
Burr (R-NC)
Chambliss (R-GA)
Coats (R-IN)
Coburn (R-OK)
Cochran (R-MS)
Collins (R-ME)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
Cruz (R-TX)
Donnelly (D-IN)
Enzi (R-WY)		 Fischer (R-NE)
Flake (R-AZ)
Graham (R-SC)
Grassley (R-IA)
Hagan (D-NC)
Hatch (R-UT)
Heinrich (D-NM)
Heitkamp (D-ND)
Heller (R-NV)
Hoeven (R-ND)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Johnson (R-WI)
Landrieu (D-LA)
Lee (R-UT)
Manchin (D-WV)
McCain (R-AZ)
McConnell (R-KY)		 Moran (R-KS)
Murkowski (R-AK)
Paul (R-KY)
Portman (R-OH)
Pryor (D-AR)
Risch (R-ID)
Roberts (R-KS)
Rubio (R-FL)
Scott (R-SC)
Sessions (R-AL)
Shelby (R-AL)
Tester (D-MT)
Thune (R-SD)
Toomey (R-PA)
Udall (D-CO)
Udall (D-NM)
Vitter (R-LA)
Warner (D-VA)
Wicker (R-MS)
NAYs —43
Baldwin (D-WI)
Bennet (D-CO)
Blumenthal (D-CT)
Boxer (D-CA)
Brown (D-OH)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Coons (D-DE)
Cowan (D-MA)
Durbin (D-IL)
Feinstein (D-CA)
Franken (D-MN)
Gillibrand (D-NY)		 Harkin (D-IA)
Hirono (D-HI)
Johnson (D-SD)
Kaine (D-VA)
King (I-ME)
Kirk (R-IL)
Klobuchar (D-MN)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
McCaskill (D-MO)
Menendez (D-NJ)
Merkley (D-OR)
Mikulski (D-MD)
Murphy (D-CT)		 Murray (D-WA)
Nelson (D-FL)
Reed (D-RI)
Reid (D-NV)
Rockefeller (D-WV)
Sanders (I-VT)
Schatz (D-HI)
Schumer (D-NY)
Shaheen (D-NH)
Stabenow (D-MI)
Warren (D-MA)
Whitehouse (D-RI)
Wyden (D-OR)
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Text Of Thune-Vitter National Reciprocity Bill

March 22, 2012 by 2 Comments

The full text of S. 2213, the Respecting States’ Rights and Concealed Carry Reciprocity Act of 2012, as introduced by Senators John Thune (R-SD) and David Vitter (R-LA) is now available. This bill currently has a total of 29 co-sponsors in the Senate. It seems to be more expansive that a similar bill, S. 845,  introduced in the 111th Congress by these two senators. It does take into account Constitutional Carry as practiced in Arizona, Vermont, Alaska, and Wyoming.


A BILL

To allow reciprocity for the carrying of certain concealed firearms.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Respecting States’ Rights and Concealed Carry Reciprocity Act of 2012′.

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) In General- Notwithstanding any provision of the law of any State or political subdivision thereof to the contrary–

`(1) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the individual to carry a concealed firearm, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that–

`(A) has a statue that allows residents of the State to obtain licenses or permits to carry concealed firearms; or

`(B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes; and

`(2) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and is entitled and not prohibited from carrying a concealed firearm in the State in which the individual resides otherwise than as described in paragraph (1), may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that–

`(A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or

`(B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.

`(b) Conditions and Limitations- The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so.

`(c) Unrestricted License or Permit- In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State.

`(d) Rule of Construction- Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms.’.

(b) Clerical Amendment- The table of sections for chapter 44 of title 18, United States Code, 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 enactment of this Act.