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Posted on 02/27/2017 8:15:23 AM PST by PROCON
At a meeting of Second Amendment advocates Saturday, Texas Republican U.S. Sen. John Cornyn vowed he will introduce a national concealed carry reciprocity bill in the Senate this week.
Cornyn announced the move while addressing the annual meeting of the Texas State Rifle Association, the state’s National Rifle Association affiliate, in Austin.
While Cornyn’s office has not released a statement on the issue, fellow Senate Republican Roger Wicker of Mississippi, a supporter, noted the measure “would give gun owners the freedom to use their concealed carry permits in other parts of the country, so long as the jurisdiction recognizes the permit as lawful.”
The bill would join North Carolina Republican U.S. Rep. Richard Hudson’s H.R. 38 introduced last month in the House, which currently has 159 co-sponsors, in seeking to make concealed carry permits valid nationwide.
Though beat to the Congressional punch this session by Hudson, Cornyn has long been the GOP’s standard bearer for national reciprocity bills. He sponsored an amendment to a Democrat-backed safe schools bill in 2013 that was rejected. He then proposed a stand-alone legislation in 2015 that picked up 35 co-sponsors, including West Virginia Democrat Joe Manchin, but failed to make its way out of committee.
Should Cornyn be able to count on every Republican in the chamber this time around, as well as Manchin, he would still need to pick up seven more votes from across the aisle to overcome a potential Democrat filibuster.
While Second Amendment groups have hailed such a proposal, citing it will help bridge the often-confusing patchwork of state laws that can leave those traveling while armed in violation of local mandates, gun control advocates argue the move is dangerous.
One outspoken critic of national reciprocity last week was Manhattan Attorney Cyrus Vance, Jr., founder of Prosecutors Against Gun Violence.
“I think that would be a mistake,” Vance said at a Manhattan Republican Party event Wednesday night, as reported by the New York Post who seconded the DA’s remarks in a follow-up editorial.
Vance held that strict gun laws in the region, “are a significant part in the rapid and consistent decline in violent crime in New York state and New York City.”
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RKBA Ping List
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Did I read that correctly? Cornyn proposed this bill? Mr Uniparty RINO Cornyn?
He must be reading the tea leaves that say this bill will not get to Trump’s desk.
I already have this. National Reciprocity means that it is those states that don't currently allow me to carry to recognize my right to carry. Who is to say that California, New York, and/or all the other leftist states will recognize my CCP as lawful?
The minority demands NOTHING !
My thought exactly. If Cornyn proposed it you can bet it is for the optics only and he knows it won’t pass or probably even be voted on. Now, when he campaigns he can say he proposed a bill. Typical Cornyn tricks.
Here in Missouri you don’t need a permit to carry.
Wonder how it would work for us?
Agreed. This appears to be double speak by a politician. It appears to change nothing.
Be very cautious...the idea is excellent. Congress can screw up a flip flop. Look at the details. Those will be critical. If the bill is longer than a sentence or two it should be a no go
H. R. 38
To amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State.
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.
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 “Concealed Carry Reciprocity Act of 2017”.
SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.
(a) In General.—Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:
Ҥ 926D. Reciprocity for the carrying of certain concealed firearms
“(a) Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (b)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that—
“(1) has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or
“(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.
“(b) This section shall not be construed to supersede or limit the laws of any State that—
“(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
“(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
“(c)(1) A person who carries or possesses a concealed handgun in accordance with subsections (a) and (b) may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for by this section. Presentation of facially valid documents as specified in subsection (a) is prima facie evidence that the individual has a license or permit as required by this section.
“(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsections (a) and (b).
“(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee.
“(d)(1) A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief.
“(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee. “(e) In subsection (a):
“(1) The term ‘identification document’ means a document made or issued by or under the authority of the United States Government, a State, or a political subdivision of a State which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.
“(2) The term ‘handgun’ includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine.
“(f)(1) A person who possesses or carries a concealed handgun under subsection (a) shall not be subject to the prohibitions of section 922(q) with respect to that handgun.
“(2) A person possessing or carrying a concealed handgun in a State under subsection (a) may do so in any of the following areas in the State that are open to the public:
“(A) A unit of the National Park System.
“(B) A unit of the National Wildlife Refuge System.
“(C) Public land under the jurisdiction of the Bureau of Land Management.
“(D) Land administered and managed by the Army Corps of Engineers.
“(E) Land administered and managed by the Bureau of Reclamation.”.
(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.
They well force the states to recognize them the same way they force the states to do other federally mandated programs.
We well cut your money off if you don’t has worked well in the passed.
HR218 has all ready set president.
They should introduce a separate bill that makes the banning of all “assault weapons” and high-capacity magazines as unconstitutional in all 50 states. Then make the Supreme Court vote on it. They have punted for far too long on the second amendment.
Kick the dems out in 2018 mid-terms.
Nothing this significant will come easy.
They can’t filibuster this according to current congressional rules right? I thought the only thing they could filibuster was Supreme Court nominations.
Wait. Wouldn’t such a federal law be anti-10th Amendment and state sovereignty? Wouldn’t this be an example of the “central planning” that we don’t like? Confused here.
This is a great bill. It got 57 votes in 2013. It should have a minimum of 58 votes this year. Trump/Pence/Cornyn only need to pick up two more votes to hit 60 to get it past a fillibuster.
The are four Democrat Senators that voted against it in 2013 coming up for election in 2018, that are running in states that Trump won in 2016. They are:
Bill Nelson, Florida Over - 1,400,000 permits
Claire McCaskill, Missouri - Over 171,000 permits
Sherrod Brown, Ohio Over - 574,000 permits
Bob Casey, Pennsylvania Over - 1,000,000 permits
All of those permit holders are voters.
Good info, thanks. Let’s see what’s more important to these dems, serving their constituents or getting reelected.
If you compare this bill to national reciprocity for drivers licenses it has precedent. And drivers licenses are privileges, gun rights are Constitutional.
Not terribly excited about this bill, in part because it incorporates the commerce clause as a basis. The several States have their own reciprocity agreements, which seems different from what this bill is purporting to offer. Also, there is no provision for Constitutional carry, or for carrying in States with restrictive/no gun carry rules. Moreover, what if CA or NY bans concealed carry completely after this bill is passed?? The GOA-backed bill is better. I would improve it by giving the innocent the right to sue for civil rights violations if any government official violates the RTC. It would need to be a tightly written statute so that it would not be abused.
Expect vicious opposition from the lying weasel Cornyn himself. He has a closet full of flip flops. He's a dyed in the wool demoncrat no matter what party letter he has behind his name.
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