Long title | A bill to amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State. |
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Announced in | the 118th United States Congress |
Legislative history | |
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The Concealed Carry Reciprocity Act, or House Bill 38, is a bill that would amend Title 18 of the United States Code to require all U.S. states to recognize concealed carry permits granted by other states. It would also allow the concealed transport of handguns across state lines, so long as it is allowed by both states [1] and would amend the Gun-Free School Zones Act of 1990 to allow permit holders to carry a concealed weapon in school zones in any state. [2]
Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
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114th Congress | Concealed Carry Reciprocity Act of 2015 | H.R. 986 | February 13, 2015 | Richard Hudson (R-NC) | 216 | Died in committee |
115th Congress | Concealed Carry Reciprocity Act of 2017 | H.R. 38 | January 3, 2017 | Richard Hudson (R-NC) | 213 | Passed in the House (231-198) [3] |
116th Congress | Concealed Carry Reciprocity Act of 2019 | H.R. 38 | January 3, 2019 | Richard Hudson (R-NC) | 167 | Died in committee |
117th Congress | Concealed Carry Reciprocity Act | H.R. 38 | January 4, 2021 | Richard Hudson (R-NC) | 190 | Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. |
The version of the bill was introduced in the 115th United States Congress by Richard Hudson, a North Carolina Republican in the United States House of Representatives, on January 3, 2017. Hudson is the bill's chief sponsor, but the bill has over 200 co-sponsors as well. On November 29, the House Judiciary Committee voted 19-11 to advance the bill to the floor of the House for a vote. Congressional Democrats had proposed multiple amendments to the bill, all of which were voted down by Republicans. [1] The bill is intended to be combined with another, bipartisan bill aimed at improving the National Instant Criminal Background Check System. [4] On December 6, the House passed the bill 231-198. [5]
The National Rifle Association praised the bill, writing on its website that "This would end abuses in anti-gun states like California, New York and New Jersey and allow law-abiding concealed carriers to exercise their rights nationwide with peace of mind". [1]
Democrats have criticized the bill, claiming, among other things, that it would infringe on states' rights and adversely affect public safety. [1] Gun control advocates such as Sara Gorman have also criticized the bill, stating that it would be dangerous for victims of domestic abuse because it would allow people to circumvent background checks for guns or permits by obtaining them in more permissive states. [6]
On Feb. 11, 2018, it was reported that President Donald Trump "fully" supported the bill, [7] but on Feb. 27 it was reported that Trump instead preferred Texas Sen. John Cornyn's "Fix NICS Act" that included stronger background checks. [8] Trump signed "Fix NICS" on March 23, 2018.
The Brady Handgun Violence Prevention Act, often referred to as the Brady Act, the Brady Bill or the Brady Handgun Bill, is an Act of the United States Congress that mandated federal background checks on firearm purchasers in the United States. It also imposed a five-day waiting period on purchases until the National Instant Criminal Background Check System (NICS) was implemented in 1998. Introduced by U.S. representative Chuck Schumer of New York, the Brady Act was a landmark legislative enactment during the Clinton administration. The act was appended to the end of Section 922 of title 18, United States Code. The intention of the act was to prevent persons with previous serious convictions from purchasing firearms.
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Following the Supreme Court's NYSRPA v. Bruen (2022) decision, all states in the United States were required to allow for concealed carry of a handgun either permitlessly or with a permit, although the difficulty in obtaining a permit varies per jurisdiction.
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
Laurence Francis Rooney III is an American politician and diplomat who was a U.S. representative for Florida's 19th congressional district from 2017 to 2021. A Republican, he served as the U.S. ambassador to the Holy See from 2005 until 2008. Rooney earned a 95.90% lifetime score from the American Conservative Union.
The National Instant Criminal Background Check System (NICS) is a background check system in the United States created by the Brady Handgun Violence Prevention Act of 1993 to prevent firearm sales to people prohibited under the Act. The system was launched by the Federal Bureau of Investigation (FBI) in 1998. Under the system, firearm dealers, manufacturers or importers who hold a Federal Firearms License (FFL) are required to undertake a NICS background check on prospective buyers before transferring a firearm. The NICS is not intended to be a gun registry, but is a list of persons prohibited from owning or possessing a firearm. By law, upon successfully passing the background check, the buyer's details are to be discarded and a record on NICS of the firearm purchase is not to be made. However as an FFL holder, the seller is required to keep a record of the transaction.
In the United States, the absence of a federal requirement for background checks for private sales of firearms is sometimes referred to as the gun show loophole or the private sale exemption. Federal law requires that, for commercial sales of firearms – sales conducted by someone "engaged in the business" of selling guns – the seller conduct a background check of the buyer. For firearm sales or transfers by private individuals, federal law does not require background checks, although some states and localities do require them.
In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Everytown for Gun Safety is an American non-profit organization which advocates for gun control and against gun violence. Everytown was formed in 2013 due to a merger between Mayors Against Illegal Guns and Moms Demand Action for Gun Sense in America.
In the United States, the term constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The phrase does not typically refer to the unrestricted carrying of a long gun, a knife, or other weapons. The scope and applicability of constitutional carry may vary by state.
Gun laws in Colorado regulate the sale, possession, and use of firearms and ammunition in the state of Colorado in the United States.
Gun laws in Delaware regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Delaware.
Gun laws in Indiana regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Indiana. Laws and regulations are subject to change.
Gun laws in Iowa regulate the sale, possession, and use of firearms and ammunition in the state of Iowa in the United States.
Gun laws in Montana regulate the sale, possession, and use of firearms and ammunition in the state of Montana in the United States.
Gun laws in Nevada regulate the sale, possession, and use of firearms and ammunition in the state of Nevada in the United States.
Gun laws in North Dakota regulate the sale, possession, and use of firearms and ammunition in the state of North Dakota in the United States.
Gun laws in Ohio regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Ohio.
Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.
Gun laws in Virginia regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Virginia in the United States.
The Fix NICS Act of 2017 is a United States federal law passed as part of the Consolidated Appropriations Act, 2018 signed as Pub.L.115-141 by President Donald Trump on March 23, 2018. The law applies penalties to government agencies for not reporting to the National Instant Criminal Background Check System (NICS). It was introduced in the 115th United States Congress in the wake of the Sutherland Springs church shooting. It was ultimately passed as Division S, Title VI to the Consolidated Appropriations Act, 2018.
Here's how this act could be devastating for victims of domestic abuse: if someone with a history of domestic abuse is denied a gun after a background check in one state, he or she could simply go to another state that does not require background checks at the point of purchase or permits for concealed carry, purchase a gun, and carry it across state lines. While federal law technically prohibits domestic abusers from purchasing guns, the law applies only to spouses, not to any other kind of partner, such as a boyfriend. In addition, there is a loophole in the federal law for unlicensed private gun sellers, which account for at least 25% of gun sales. Finally, there are many oversights in which people with histories of domestic abuse do not get reported into the federal system, which is how the shooter in Sutherland Springs was able to obtain a gun after multiple incidents of domestic abuse that were never reported at the federal level. For all of these reasons, it is the state level laws that end up being most effective at prohibiting domestic abusers from both purchasing and carrying concealed firearms. The Concealed Carry Reciprocity Act would undermine existing state-level restrictions that protect victims of domestic abuse.