North Carolina Police Chiefs Against Reciprocity

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.

Today's The Day

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.

Too Slick By Half

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.

Is The NRA Making A Grand Trade Or Merely Punting?

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.

Resolution Against Civil Rights In California

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.

Trotting Out A Dusty Old Canard

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

He Beat Us To It

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!

John Cornyn On His Reciprocity Bill

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.

Regarding Cornyn And National Right To Carry Reciprocity

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)

Text Of Thune-Vitter National Reciprocity Bill

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.

You'd Think They Would At Least Get One Thing Right

You'd have to be deaf and blind not to know that the Trayvon Martin shooting has gone big time in the media. As such, it is playing everywhere including a site called The Root. I wasn't familiar with The Root so I checked its "About Us" page.

The Root is the leading online source of news and commentary from an African-American perspective. Founded in 2008 under the leadership of Prof. Henry Louis Gates Jr. of Harvard University, The Root offers a unique take on breaking news, provides solid analysis and presents dynamic multimedia content. The Root raises the profile of black voices in mainstream media and engages anyone interested in black culture around the world. The Root is owned by the Washington Post Company.

Prof. Gates you may remember was part of the Rose Garden Beer Summit involving Gates, President Obama, and the Cambridge policeman who had arrested Gates. Nonetheless, given the The Root is owned by the Washington Post Company you would expect that they would employ a fact checker or two. Alas, it is not to be.

In an op-ed by Steven Gray which combined discussion of the Trayvon Martin affair with a call for a discussion of gun policy in the United States, there was this tidbit. It is referring to S. 2188 - the National Right-to-Carry Reciprocity Act of 2012.

Here's some contrast: On March 13 a trio of Republican senators, led by Alaska's Mark Begich, introduced a measure to allow people to carry concealed weapons across state lines -- even into states like New York and New Jersey, which don't recognize out-of-state permits.

It gives the impression that those evil Republicans are cramming concealed carry down America's throat right after a black teenager was shot by a concealed carry holder. But wait you say, isn't Alaska's Mark Begich the Democrat who beat Republican Ted Stevens? And you would be correct. Moreover, that trio of Republican senators is actually one Republican, Sen.Mike Crapo (R-ID), who is no longer a sponsor of the bill. The real sponsors of the bill are actually Democrats Joe Manchin (D-WV), Max Baucus (D-MT), and Jon Tester (D-MT) along with the aforementioned Mark Begich.

If Steven Gray is going to attack gun rights in the United States and is calling upon President Obama to veto S. 2188 if it ever gets to his desk, as a journalist he has the ethical responsibility to get his facts right. The party affiliation of Begich, Manchin, Baucus, and Tester is a fact and not an opinion. Mr. Gray can have whatever misguided opinions he wants and that is his right. However, he has no right to mislead on the facts.

Senators Thune And Vitter Introduce Another Reciprocity Bill

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.

A Potential Competing National Reciprocity Bill

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.

Nice But Why Not Just Pass HR 822

Senators Joe Manchin (D-WV), Mark Begich (D-AK), and Mike Crapo (R-ID) have introduced the National Right-to-Carry Reciprocity Act of 2012. According to the press releases (see below), it is similar to HR 822 which passed the House of Representatives on November 16, 2011 on a 272-154 rollcall vote. That bill is currently in the Senate Judiciary Committee awaiting hearings.

The text of the Senate bill is not yet available on the Library of Congress's website. I have to assume that it is very similar - if not exactly the same - to what was passed in the House. A bill passed in the House does not need a similar bill introduced in the Senate though it is common practice. Given that, would not it just be easier to work with the bill that has already passed one house of Congress? To my way of thinking it provides less chance of having to reconcile vastly differing bills in a conference committee where the final bill could be watered down to merely a feel-good measure.

That said, this bill does have the endorsement of the NRA. If giving some pro-gun Democrats cover is the price we need to pay, I can live with that.

From Begich's press release:

In an effort to remove burdensome red tape that hampers the ability of legal concealed carry permit holders to carry concealed firearms into other states that allow them, a bi-partisan group of Senators has introduced the National Right-to-Carry Reciprocity Act of 2012. A similar bill passed the House last year with a vote of 272-164.

The Senate bill, endorsed by the National Rifle Association (NRA), is sponsored by Sen. Mark Begich (D-Alaska), Sen. Joe Manchin (D-West Virginia), and Sen. Mike Crapo (R-Idaho).

Under the legislation, an individual with a valid ID and concealed carry permit would be allowed to carry a concealed handgun into any state that has a statute permitting residents to carry concealed firearms, or that does not explicitly prohibit them.

The legislation also says an individual who is ineligible for a concealed carry permit in his or her state would not be allowed to obtain an out-of-state permit in a state with less restrictive eligibility requirements in order to use that permit in his or her own state.

“I’m leading the effort to provide consistency so law-abiding gun owners can carry concealed firearms in every state that permits them without having to navigate confusing rules and regulations in different states,” Begich said. “The right to keep and bear arms is a fundamental right and part of who we are as Alaskans and Americans. This bill is one more step in my ongoing efforts to protect the Second Amendment rights of law-abiding citizens.”

“This common sense legislation would cut down on the layers of regulations facing law-abiding Americans who have the right to own guns and use them responsibly,” Manchin said. “If we can streamline and simplify some of our rules governing gun ownership, everybody wins – especially the 65,000 West Virginians who hold concealed carry permits.”

“This legislation respects the rights of law-abiding citizens by allowing them to defend themselves across state lines,” Crapo said. “Most importantly, they would still have to comply with all the firearms laws of the state in which they travel. The act facilitates the ability of states to design a system for concealed-carrier firearms in a fair way, while protecting the rights of states to honor all of their firearms laws.”

The executive director for the NRA’s Institute for Legislation Action, Chris Cox, praised the Senators for introducing the bill and said it is critical to protect Second Amendment rights.

"Over the last two decades, the NRA has led the way toward a brick-by-brick restoration of self-defense laws throughout the country. National Right-to-Carry reciprocity is yet another step forward for law-abiding Americans," Cox said. "Citizens aren't immune to crime when they cross state lines, so it is only reasonable that they have an effective means of protecting themselves and their loved ones while in other states. The NRA thanks Senator Mark Begich for introducing this measure in the U.S. Senate, along with Senators Joe Manchin and Mike Crapo, for their efforts to strengthen self-defense laws in America."

From Manchin's press release:

Washington, D.C. -- In an effort to remove burdensome red tape that limits the ability of legal concealed carry permit holders to carry concealed firearms into other states that allow them, U.S. Senator Joe Manchin (D-W.Va.) has joined a bipartisan group of Senators in introducing the National Right-to-Carry Reciprocity Act of 2012.

Under the legislation, an individual with a valid ID and concealed carry permit would be allowed to carry a concealed handgun into any state that allows residents to carry concealed firearms.

“This commonsense legislation would cut down on the layers of regulations facing law-abiding Americans who have the right to own guns and use them responsibly,” Senator Manchin said. “If we can streamline and simplify some of our rules governing gun ownership, everybody wins – especially the 65,000 West Virginians who hold concealed carry permits.”

The legislation also says an individual who is ineligible for a concealed carry permit in his or her state would not be allowed to obtain an out-of-state permit in a state with less restrictive eligibility requirements, and use that permit to carry a concealed handgun in his or her state.

The Senate bill, endorsed by the National Rifle Association (NRA), is also sponsored by Sen. Mark Begich (D-Alaska) and Sen. Mike Crapo (R-Idaho). A similar bill passed the House last year with a vote of 272-164.

The executive director for the NRA’s Institute for Legislation Action, Chris Cox, praised the Senators for introducing the bill and said it is critical to protect Second Amendment rights.

“Over the last two decades, the NRA has led the way toward a brick-by-brick restoration of self-defense laws throughout the country. National Right-to-Carry reciprocity is yet another step forward for law-abiding Americans," Cox said. "Citizens aren't immune to crime when they cross state lines, so it is only reasonable that they have an effective means of protecting themselves and their loved ones while in other states. The NRA thanks Senator Mark Begich for introducing this measure in the U.S. Senate, along with Sens. Joe Manchin and Mike Crapo, and for their efforts to strengthen self-defense laws in America.”

UPDATE: From the NRA on S. 2188 which they say is a companion bill to HR 822.

Fairfax, Va. – Senate Bill 2188, an important self-defense bill that would enable millions of Right-to-Carry permit holders across the country to carry concealed firearms while traveling outside their home states, was introduced in the U.S. Senate today. S. 2188 is the companion legislation to H.R. 822, which passed the U.S. House of Representatives on November 16, 2011 by a majority bipartisan vote of 272 to 154.

"Over the last two decades, the NRA has led the way toward a brick-by-brick restoration of self-defense laws throughout the country. National Right-to-Carry reciprocity is yet another step forward for law-abiding Americans," said Chris W. Cox, executive director for NRA's Institute for Legislative Action. "Citizens aren't immune from crime when they cross state lines, so it is only reasonable that they have an effective means of protecting themselves and their loved ones while in other states. The introduction of S. 2188 is a significant step forward in the ongoing effort to improve self-defense laws in this country."

S. 2188, introduced in the U.S. Senate by Senators Mark Begich (D-AK) and Joe Manchin III (D-WV), would allow any person with a valid state-issued concealed firearm permit to carry a concealed firearm in any other state that issues concealed firearm permits, or does not prohibit the carrying of concealed firearms for lawful purposes.

This bill does not affect existing state laws. State laws governing where concealed firearms may be carried would apply within each state’s borders. S. 2188 does not create a federal licensing system or impose federal standards on state permits; rather, it requires the states to recognize each others' carry permits, just as they recognize drivers' licenses and carry permits held by armored car guards.

As of today, 49 states have laws in place that permit their citizens to carry a concealed firearm in some form. Only Illinois and the District of Columbia deny its residents the right to carry concealed firearms outside their homes or businesses for self-defense.

Here is a link to the full text of S. 2188 thanks to Inquisitor (see comments). For comparison, here is a link to the full text of HR 822 as it passed the House of Representatives.

NCGV - Don't Be Like North Carolina

The Brady Campaign's North Carolina front group, North Carolinians Against Gun Violence, is opposed to HR 822 - the National Right-To-Carry Reciprocity Act of 2011. They just sent out the Tweet seen below:

They don't want the rest of the country to enjoy the same rights as North Carolinians come December 1st. For on that day, thanks to the passage of HB 650, North Carolina will recognize all out-of-state concealed handgun permits.

SECTION 22.(a) G.S. 14-415.24 reads as rewritten:
"§ 14-415.24. Reciprocity; out-of-state handgun permits.
(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina if that state grants the same right to residents of North Carolina who have valid concealed handgun permits issued pursuant to this Article in their possession while carrying concealed weapons in that state.North Carolina.

I guess NCGV has their blinders on as they don't see the hypocrisy in making such a statement.

New Co-Sponsors For HR 822- National Right-to-Carry Reciprocity (updated)

HR 822, the National Right-to-Carry Reciprocity Act of 2011, just went from one co-sponsor - Rep. Heath Shuler (D-NC-11) to 43 co-sponsors. The new co-sponsors represent a cross-section of the country including anti-gun states such as New York and California. I see more than a handful of Democrats have signed on to the bill as well.

If your Congressman is not a co-sponsor and he or she represents that he or she is "a friend of the Second Amendment", then ask them why they aren't a co-sponsor. I'd love to see the number of co-sponsors exclipse that of HR 308 in short order.

The co-sponsors added on March 2nd and 3rd.

Rep Boren, Dan [OK-2] - 3/2/2011
Rep Ross, Mike [AR-4] - 3/2/2011
Rep Graves, Sam [MO-6] - 3/2/2011
Rep Huelskamp, Tim [KS-1] - 3/2/2011
Rep Gibson, Christopher P. [NY-20] - 3/2/2011
Rep Heller, Dean [NV-2] - 3/2/2011
Rep Owens, William L. [NY-23] - 3/2/2011
Rep Coffman, Mike [CO-6] - 3/2/2011
Rep Lamborn, Doug [CO-5] - 3/2/2011
Rep Duncan, John J., Jr. [TN-2] - 3/2/2011
Rep Schmidt, Jean [OH-2] - 3/2/2011
Rep Westmoreland, Lynn A. [GA-3] - 3/2/2011
Rep Rogers, Mike D. [AL-3] - 3/2/2011
Rep Gingrey, Phil [GA-11] - 3/2/2011
Rep Young, Don [AK] - 3/2/2011
Rep Bachmann, Michele [MN-6] - 3/2/2011
Rep Burton, Dan [IN-5] - 3/2/2011
Rep Garrett, Scott [NJ-5] - 3/2/2011
Rep Cole, Tom [OK-4] - 3/2/2011
Rep Diaz-Balart, Mario [FL-21] - 3/2/2011
Rep Boswell, Leonard L. [IA-3] - 3/2/2011
Rep Miller, Jeff [FL-1] - 3/2/2011
Rep Barton, Joe [TX-6] - 3/2/2011
Rep Carter, John R. [TX-31] - 3/2/2011
Rep Pence, Mike [IN-6] - 3/2/2011
Rep Heinrich, Martin [NM-1] - 3/3/2011
Rep Benishek, Dan [MI-1] - 3/3/2011
Rep Chaffetz, Jason [UT-3] - 3/3/2011
Rep Hall, Ralph M. [TX-4] - 3/3/2011
Rep Holden, Tim [PA-17] - 3/3/2011
Rep West, Allen B. [FL-22] - 3/3/2011
Rep Herger, Wally [CA-2] - 3/3/2011
Rep Mica, John L. [FL-7] - 3/3/2011
Rep Johnson, Timothy V. [IL-15] - 3/3/2011
Rep Posey, Bill [FL-15] - 3/3/2011
Rep Granger, Kay [TX-12] - 3/3/2011
Rep Rahall, Nick J., II [WV-3] - 3/3/2011
Rep Miller, Gary G. [CA-42] - 3/3/2011
Rep Bishop, Sanford D., Jr. [GA-2] - 3/3/2011
Rep Peterson, Collin C. [MN-7] - 3/3/2011
Rep Kissell, Larry [NC-8] - 3/3/2011
Rep Davis, Geoff [KY-4] - 3/3/2011

UPDATE: The number of co-sponsors has now jumped to 57 with the addition of 14 more co-sponsors yesterday. From my perspective, it is interesting to note that all three NRA-rated Democrats from North Carolina are now on board with this bill.

Again, if your Representative is not on either of these lists and they call themselves "pro-gun", you need to start asking them why they haven't signed up as a co-sponsor.

Rep McIntyre, Mike [NC-7] - 3/8/2011
Rep Latham, Tom [IA-4] - 3/8/2011
Rep Foxx, Virginia [NC-5] - 3/8/2011
Rep Bachus, Spencer [AL-6] - 3/8/2011
Rep Adams, Sandy [FL-24] - 3/8/2011
Rep Wilson, Joe [SC-2] - 3/8/2011
Rep Mulvaney, Mick [SC-5] - 3/8/2011
Rep Petri, Thomas E. [WI-6] - 3/8/2011
Rep McCotter, Thaddeus G. [MI-11] - 3/8/2011
Rep Turner, Michael R. [OH-3] - 3/8/2011
Rep Canseco, Francisco "Quico" [TX-23] - 3/8/2011
Rep Jenkins, Lynn [KS-2] - 3/8/2011
Rep Emerson, Jo Ann [MO-8] - 3/8/2011
Rep Kline, John [MN-2] - 3/8/2011

HR 822: Concealed Carry Reciprocity Bill Introduced (Updated)

Rep. Cliff Stearns (R-FL) introduced HR 822 on Friday. It is:

To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.

The full text of the bill is not yet available and he hasn't issued a press release describing the bill.

Rep. Heath Shuler (D-NC) - my Congressman - is the first co-sponsor of the bill. Whatever else I might say about Heath, he is good on the Second Amendment. You also may remember that he came out in the aftermath of the Tucson shootings saying he had a CCW permit and did carry. He also encouraged his staff to obtain a CCW permit.

I will call Shuler's office tomorrow to see if I can get a copy of the text of the bill as it may be a few days before the Government Printing Office has it available.

UPDATE: Thanks to Paul Flusche of Congressman Cliff Stearn's office we have the text of the bill. After a quick reading of the bill, I'd see this is a pretty good bill. If a state issues a concealed carry permit, then your CCW is good there subject to the rules for an unrestricted CCW. For example, if your home state allows you to carry in a place that serves alcohol but you are in North Carolina which doesn't, you have to abide by the NC CHP regulations.

Here is the full text of the bill:

To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.

IN THE HOUSE OF REPRESENTATIVES

Mr. STEARNS (for himself and Mr. SHULER) introduced the following bill;
which was referred to the Committee on (blank)

A BILL

To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.

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 ‘‘National Right-to-Carry Reciprocity Act of 2011’’.

SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Second Amendment to the Constitution of the United States protects the fundamental right of an individual to keep and bear arms, including for purposes of individual self-defense.
(2) The Supreme Court of the United States has recognized this right in the case of District of Columbia v. Heller, and in the case of McDonald v. City of Chicago, has recognized that the right is protected against State infringement by the Fourteenth Amendment to the Constitution of the United States.
(3) The Congress has the power to pass legislation to protect against infringement of all rights protected under the Fourteenth Amendment to the Constitution of the United States.
(4) The right to bear arms includes the right to carry arms for self-defense and the defense of others.
(5) The Congress has enacted legislation of national scope authorizing the carrying of concealed firearms by qualified active and retired law enforcement officers.
(6) Forty-eight States provide by statute for the issuance to individuals of permits to carry concealed firearms, or allow the carrying of concealed
firearms for lawful purposes without the need for a permit.
(7) The overwhelming majority of individuals who exercise the right to carry firearms in their own States and other States have proven to be law-abiding, and such carrying has been demonstrated to provide crime prevention or crime resistance benefits for the licensees and for others.
(8) The Congress finds that preventing the lawful carrying of firearms by individuals who are traveling outside their home State interferes with the constitutional right of interstate travel, and harms interstate commerce.
(9) Among the purposes of this Act is the protection of the rights, privileges, and immunities guaranteed to a citizen of the United States by the Fourteenth Amendment to the Constitution of the United States.
(10) The Congress, therefore, should provide for national recognition, in States that issue to their own citizens licenses or permits to carry concealed handguns, of other State permits or licenses to carry concealed handguns.

SEC. 3. 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:
‘‘§ 926D. Reciprocity for the carrying of certain concealed firearms‘‘
(a) Notwithstanding any provision of the law of any State or political subdivision thereof, related to the carrying or transportation of firearms, a person 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 person to carry a concealed firearm, may 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 person, that—
‘‘(1) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or
‘‘(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.
‘‘(b) A person carrying a concealed handgun under this section shall be permitted to carry a handgun subject to the same conditions or limitations that apply to residents of the State who have permits issued by the State or are otherwise lawfully allowed to do so by the State.
‘‘(c) 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, a firearm shall be carried according to the same terms authorized by an unrestricted
license or permit issued to a resident of the State.
‘‘(d) 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 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.