Sen. David Vitter

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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.

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Senators Thune And Vitter Introduce Another Reciprocity Bill

March 21, 2012 by 1 Comment

It looks like Senators John Thune (R-SD) and David Vitter (R-LA) have made good on their intention to introduce a national right-to-carry reciprocity bill. They have introduced S. 2213 today. The title of the bill is the Respecting States’ Rights and Concealed Carry Reciprocity Act of 2012.

From their joint press release:

Mar 20 2012

Thune, Vitter Concealed Carry Reciprocity Bill Would Balance Rights of States, Individual Gun Owners

Bill would allow concealed carry in-line with state law without requiring new federal permit

Washington, D.C. –

U.S. Sens. John Thune (R-S.D.) and David Vitter (R-La.) today introduced their Respecting States’ Rights and Concealed Carry Reciprocity Act, which would guarantee the rights of gun owners to carry concealed weapons across state lines in accordance with the laws of individual states. The bill balances the constitutional rights protected by the Second Amendment with the rights of each state to enforce its own laws regarding concealed firearms.

“I am pleased to introduce legislation that strikes a balance between state’s rights and individual’s Second Amendment rights outlined by the Constitution,” said Thune. “Rather than establish a national standard, our bill will ensure that law-abiding citizens are able to carry concealed firearms while at the same time respecting the laws of the respective states they visit.”

“I think we’ve succeeded in striking an effective balance here with a bill that expands our right to bear arms but doesn’t institute a heavy-handed federal permitting system,” said Vitter. “Instead, we’re returning power to individuals and to the states by allowing Americans to carry concealed firearms in accordance with local laws. This doesn’t force states to change their laws and it doesn’t force individuals to go through yet another permitting process – the best solution to streamline a complicated problem.”

The Thune-Vitter bill would guarantee that persons who are legally permitted to have a concealed firearm according to the laws of their home state may carry such a firearm in any other state that allows concealed carry. The bill would not force Illinois and the District of Columbia, which currently prohibit concealed carry, to change their laws. The bill would also respect individual state laws regarding specific locations where firearms are prohibited.

The bill does not establish national standards for concealed carry, and it does not provide for a national carry permit, nor does it allow individual gun owners to circumvent the laws of their home states.

In July 2009, a similar version of the Thune-Vitter bill received 58 votes – two shy of passage. The current version of the bill has attracted 29 original co-sponsors in the Senate, including: Senators Kelly Ayotte (R-N.H.), John Barrasso (R-Wyo.), John Boozman (R-Ark.), Richard Burr (R-N.C.), Saxby Chambliss (R-Ga.), Tom Coburn (R-Okla.), Thad Cochran (R-Ms.), John Cornyn (R-Texas), Mike Crapo (R-Idaho), Jim DeMint (R-S.C.), Mike Enzi (R-Wyo.), Lindsey Graham (R-S.C.), Chuck Grassley (R-Iowa), Orin Hatch (R-Utah), Jim Inhofe (R-Okla.), Johnny Isakson (R-Ga.), Ron Johnson (R-Wis.), Mike Lee (R-Utah), Dick Lugar (R-Ind.), Mitch McConnell (R-Kent.), Jerry Moran (R-Kan.) Rand Paul (R-Kent.), Rob Portman (R-Ohio), Jim Risch (R-Idaho), Pat Roberts (R-Kan.), Marco Rubio (R-Fl.), Jeff Sessions (R-Ala.), Pat Toomey (R-Pa.), and Roger Wicker (R-Ms.).

The bill is supported by numerous groups including the National Rifle Association, Gun Owners of America, National Shooting Sports Foundation, Passenger-Cargo Security Group, and Women Against Gun Control.

 The text of the bill is not up yet but I imagine it will be nearly identical to the bill introduced in 2009 that almost passed the Senate. The text of S. 845 from the 111th Congress can be found here.

 In the original release regarding the competing bill, S. 2188, it listed the sponsors as Senators Mark Begich (D-AK), Joe Manchin (D-WV), and Mike Crapo (R-ID). You will notice that in the list of co-sponsors above – all Republicans – that Mike Crapo is listed as a co-sponsor. When I checked the Library of Congress’s Thomas legislative information site, the only sponsors and co-sponsors of S. 2188 are Begich and Manchin as well as the two pro-gun Democrats from Montana, Tester and Baucus. Mike Crapo’s name does not appear as a co-sponsor.

This is just speculation on my part but I imagine Crapo’s arm was twisted in the name of party solidarity. If a bill such as this is going to pass – and I’m not sure it will get through the Senate – it will need to have support from both Democrats and Republicans. It will also need some support from the Senate leadership to get out of the Judiciary Committee and to the floor of the Senate. That is also iffy.

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A Potential Competing National Reciprocity Bill

March 14, 2012 by 5 Comments

The Gun Owners of America sent out an alert yesterday publicizing an alternative reciprocity bill to S. 2188 as introduced by Senators Joe Manchin (D-WV), Mark Begich (D-AK), and Mike Crapo (R-ID). This alert is showing up on a number of forums and other gun-related websites.

From the GOA Alert:

Great news!

Pro-gun Senate champions John Thune (R-SD) and David Vitter (R-LA) have decided to stand their ground on their concealed carry reciprocity legislation, despite pressure from gun rights compromisers to weaken the bill.

Specifically, Senators Thune and Vitter are sticking with their version of the bill, which recognizes the right to carry concealed by residents of “Vermont-style” and “Constitutional Carry” states.ThuneVitter

Such states do not require residents to obtain the government’s permission before carrying a firearm for self-protection. There are currently 17 states that have either enacted legislation in the past or have introduced “Constitutional Carry” laws in their legislatures this year.

Current law:

Vermont
Alaska
Arizona
Montana
Wyoming

Considering legislation:

Colorado
Georgia
Iowa
Kentucky
Maine
New Hampshire
Ohio
Oklahoma
Rhode Island
South Carolina
South Dakota (on governor’s desk)
Virginia

More states are being added to the list all the time. The Thune-Vitter legislation will fully recognize gun owners’ rights in these states.

A competing bill, however, pulls the rug out from under “Constitutional Carry.” Sponsored by Senators Mark Begich (D-AK) and Joe Manchin (D-WV), the compromise bill still requires a government permit for reciprocity, regardless of state law.

So while the states are moving in the direction of more freedom, the Begich and Manchin bill would keep even the most pro-gun states tied to a permitting system. Why are they doing this? After all, criminals don’t get in line at the police station to get a permit. It’s the law-abiding gun owners who go through the process of proving their innocence before being “allowed” to carry a firearm.

The GOA Alert allows the reader to send a pre-written message to their senators urging them to support the Thune-Vitter bill and to oppose the “compromise” S. 2188.

There is only one problem with this – no Thune-Vitter national reciprocity bill has been introduced yet. When I first read the alert, I checked the Library of Congress’ Thomas website and then I checked the official websites of both Sen. John Thune (R-SD) and Sen. David Vitter (R-LA). None of the above sites had any information of any such bill.

To get to the bottom of this, I sent an email to GOA and was pleased to get a quick response from Erich Pratt. He said in his reply, “There is not a bill number yet.  The Senators are in the process of circulating “Dear Colleague” letters and getting cosponsors. We’ll let you know as soon as we find out.”

Until I see the actual text of any Thune-Vitter national reciprocity bill along with an assigned bill number, I don’t plan to ask my senators to support the bill and to oppose S. 2188. It would only confuse their staff and make me look foolish. While you are free to do what you want, my advice is to take a wait and see attitude. As it is, without some slick maneuvering on the part of our allies in the Senate, no national right-to-carry reciprocity bill will get a on-the-record up-or-down vote.