(Photo: NRA-ILA)
U.S. Senator John Cornyn (R-TX) introduced the Constitutional Concealed Carry Reciprocity Act (S. 446) this week.
Like its companion version in the House, which was introduced back in January, S. 446 seeks to ensure that law-abiding citizens who are licensed to carry in their home state can also carry when traveling around the country.
“This bill strengthens both the constitutional right of law-abiding citizens to protect themselves and the power of states to implement laws best-suited for the folks who live there,” Sen. Cornyn said in a statement.
“This legislation is an important affirmation of our Second Amendment rights and has been a top priority of law-abiding gun owners in Texas for a long time,” he continued.
The bill, if passed, will do all of the following:
- Ensure that valid concealed carry permits issued in one state are valid for carrying concealed handguns in other states that recognize their own resident’s right to concealed carry;
- Allow those from constitutional carry states the ability to carry in other states that recognize their own resident’s right to concealed carry;
- Put the burden of proof clearly on the state to show that an individual carrying concealed did not comply with the law, thus protecting law-abiding gun owners from onerous civil suits;
- Provide legal protections against states that violate the intent of this bill, making attorney’s fees and damages available to victorious plaintiffs in civil suits, as well as to defendants who prevail in criminal cases; and
- Allow individuals who are carrying concealed to do so in the National Park System, National Wildlife Refuge System, and on lands administered by the Bureau of Land Management, Army Corps of Engineers and Bureau of Reclamation.
It’s important to note that the Constitutional Concealed Carry Reciprocity Act does not tell the states that they have to adopt a certain concealed-carry issuing standard (e.g. May Issue versus Shall Issue versus Constitutional Carry) or rewrite laws governing the use of force (e.g. Stand Your Ground, Castle Doctrine, Duty to Retreat). In other words, the states retain the authority to determine the regulations and process for one to carry in public as well as what constitutes the lawful use of deadly force.
“The current patchwork of state and local gun laws is confusing and can cause the most conscientious and law-abiding gun owner to run afoul of the law when they are traveling or temporarily living away from home,” said Chris W. Cox, executive director of the NRA-ILA. “Senator Cornyn’s legislation provides a much needed solution to a real problem for law-abiding gun owners.”
The bill was cosponsored by U.S. Sens. John Barasso (R-WY), Roy Blunt (R-MO), John Boozman (R-AR), Shelley Moore Capito (R-WV), Thad Cochran (R-MS), Mike Crapo (R-ID), Ted Cruz (R-TX), Steve Daines (R-MT), Mike Enzi (R-WY), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), Chuck Grassley (R-IA), Orrin Hatch (R-UT), Dean Heller (R-NV), John Hoeven (R-ND), Johnny Isakson (R-GA), Ron Johnson (R-WI), John McCain (R-AZ), Jerry Moran (R-KS), Lisa Murkowski (R-AK), David Perdue (R-GA), Rob Portman (R-OH), Pat Roberts (R-KS), Mike Rounds (R-SD), Marco Rubio (R-FL), John Thune (R-SD), Roger Wicker (R-MS) and Todd Young (R-IN).
Unsurprisingly, news of the bill’s introduction was met with immediate criticism from gun-control organizations.
“Senator Cornyn’s bill is a dream for the gun lobby and a nightmare for public safety,” said John Feinblatt, the president of Everytown for Gun Safety in a statement. “For centuries, cities and states have set their own reasonable, tailored limits on who can carry hidden, loaded guns in their public spaces. One size does not fit all, and this NRA-backed bill would only make the weakest link the law of the land – gutting America’s public safety laws.”
Likewise, Shannon Watts the founder of Moms Demand Action for Gun Sense in America, which is part of the Everytown coalition, lashed out against the legislation calling it “radical” and arguing that it would “undermine public safety laws from coast to coast.”
“It would also go against the will of the majority of Americans – 88 percent of whom support requiring safety training and a clean criminal record in order to carry a hidden, loaded handgun in public,” said Watts. “Moms Demand Action volunteers and gun violence survivors in all 50 states will band together with police, mayors and lawmakers to fight this dangerous legislation. The safety of our families and communities are on the line.”
At this point, it’s difficult to tell whether the votes are there in the Senate to pass this bill. A 60-vote threshold would be required to override a Democratically-led filibuster. As with the Hearing Protection Act, which would remove suppressors from the NFA, we might not know its fate until the 2018 midterms. Either way, we’ll keep you posted.
Concealed Carry Facts, courtesy of NRA-ILA:
- Every state in our nation recognizes the right of residents to lawfully carry a concealed handgun in public for self-defense – a right that more than 15 million Americans now exercise.
- America’s experience with concealed carry demonstrates that the repeated anti-gun claim that concealed carry increases violence is factually incorrect. The available evidence shows that concealed carry licensees are exceptionally law- abiding.
- National reciprocity is already a reality in the 22 states that recognize all other concealed carry licenses or allow law-abiding non-residents to carry a firearm without a license.
- Only ten states still refuse to grant full faith and credit to the permits of other states, forcing lawful concealed carriers to surrender their rights when traveling through these jurisdictions. The consequence is obvious, as otherwise law-abiding citizens – including veterans, a single mother, a disaster response worker, a nurse and medical school student, and even a corrections officer – have become accidental criminals and suffered seizure of property, arrest, detention, and even prosecution because they failed to navigate the legal minefield that is the current state reciprocity system.
The sorry damn fake news media that is politically tied to Bloomberg and Soros
as well as OBAMA, Pelosi and Schuler are doing and saying all they can to help the
Dems and harass and degrade the Republicans, especially Trump. The Dems
would change the United States to a much more socialist country and much
more similar to North Korea and Russia, where there is an elite establishment that has
much more legislative influence and control than the general public. The news media is not
apprehensive about lying either on TV or printed news to try to restore power to Dems and
obstruct the Republicans.
What 10 states are restrictive?
So I know…
Thanks
\
The problem I have with this is I live in California. California, as a general rule does not issue Concealed Carry Permits and has made it illegal to open carry, so my wife and I have had to get non-residency in other states to allow us to carry while traveling across the country. The way this is written it does not protect our second amendment as well as millions of others in California. It needs to be written if you get a concealed carry in any state, whether you are a resident or not, it will allow you to carry. California would be foolish not to start allowing permits at that time because it will cost the state millions of dollars from people going out of state to get their certificates and licenses. Just like a driver’s license if I have one in another state I’m allowed to drive in California. The second amendment should not stop at a state worker anywhere in this country.
Only problem I have with this is the same as just make it open carry with no permit. I have a permit for Mo, but now Mo. is a none permit state. They stated the reason was the Burdens of having to pay all the money for a permit. Well that could of been fixed by just lowering the cost and having the state do testing like they make you do for a hunting licence. Second is states like Kentucky that all you need to do is fill out a online form to get theirs. Lucky Mo. permit is accepted in many more states than others. Including the only other permit accepted in Illinois.
Leave it in state hands
Going with the NRA all the way on this one. I served my country for 22 years, then I maintained school busses for nearly 18 years,. I frequently had to park my truck blocks away from my shop because I had firearms in it. The Constitution guarantees the rights of all citizens to defend themselves and their loved ones. End of discussion. AMERICA, love it or leave it!
Neither the reciprocity bill nor the suppressor bill will ever get passed for two reasons: 1. A large number of republicans want this President to fail, or at least get nothing done because by doing so he dismantles the Deep State. 2. They are liars just like he said, if the were not, there would be a stack of bills being debated everyday in both houses of congress, some should be on his desk to sign right now. However, nothing is happening…Nothing is going to happen. We elected these clowns, some to a majority the last three elections, and everything they told us they were going to do they did not, over and over again. They actually thought we had no chance of winning, so now they’re trying to play CYA. When you have a President ready to sign bills in support of his agenda and there are none; what else needs to be said. There are very few elected officials on capitol hill that has the work ethic and energy that this President does. We have a very short window to get real lasting legislation passed, call your Reps, and Senators and tell them to get off there A$%’s and get to work!!!!!!!!!!!!!!!!!!!!!!!!
Nothing gets done in Congress because we have a president that
Has the attention span of a Kant
And of similar intelligence . Even though he says ” I know all the best
Words” ….are you serious? That
Sounds like some 3 year old bragging that he knows how To speak. We elected an idiot and some of you actually still think he
Knows how to function in society.
Then they should issue a Federal license to anyone who has a CCW now that will be good in any state. Watch them go nuts over that.
I agree with Tim, everyone carrying a CCW should be allowed to carry in any state, why should it be any different in other states. your mortal character shouldn’t be judged by other states government.
but your right Tim, they would go Bunkers.
yes, your DL is good in all states why not the means to protect yourself. driving is not a right but having a gun to protect yourself is.
It appears hat many of the commenters are confused about the effects of the bill. The bill doesn’t set any standards for your CCW. The states are free to make their own requirements for getting a CCW and all the rules to follow when you are carrying. None of that changes. All the bill does is require all states to honor your CCW. Just like a driver’s license, each state has its own testing requirements to obtain a license, but once issued, every state recognizes your right to drive there and you must obey all their laws. There is no national anything being imposed here except to make all CCWs valid all across the country. BTW – If your state of residence does not require a CCW to carry concealed, this bill would require all states to honor that right also
The problem is what happens to the people that live in anti-second Amendment states where they do not issue CCW. That is why it needs to be written that residency or non-residency certificates will be honored.
Idaho checks with N.C.I.C. if it comes up clear you get your CCW, i cant figure out why if youve all ready been checked out by one state,
why do you need to be cheched out again.
Some things constitutionally speaking, need federal application, especially something written so plainly as a God-given right as the 2nd amendment.
In the 80s Regan passed a law that made weight limits all the same b(80,000 lbs) across all 50 states. For once we could load and weigh out at 70’s lbs in california with produce and travel to Hunts Point Market in Bronx, NY. without running the gauntlet of varying weight limits of the various states we had to cross going cross country. Of course that law was for interstates only, then leaving the interstate to delivery point.
Does anyone know if this bill covers non-resident CCW holders too? I live in CA but have a Utah CCW permit and I’m betting it will only grant reciprocity to residents of the state that issued the license.
you have a CCW so it would be good in all states that issue permits in their states. states would still have the right to allow permits issued in their states and what it would take to get one. everything is the same as it is right now it just makes it legal to go from one state that issues permits to another state that issues permits without getting into trouble with the law there. only problem i see is the cops from each state not being up to speed and acting like they have been. i asked a cop in a get and go store, because a guy working there seen i was carrying my gun and asked how old you need to be to get permit, if he knew the legal age to get said permit? he said he didn’t know, now this is in a state thats had CC for over 15 years and OC for over 5 years. you would think a cop would need to know this much as least in order to do his job.
Sorry I think you’re wrong.
It will only be a receptacle if you have a resident CCW. It will not recognize non-resident CCW. For example California issues CCW in only a couple of small town areas within the state and you must live in those small towns to get it. If you do not have a California CCW it will not give you reciprocal rights even if you have a non-resident in another state. The way this bil is written is very bad.
The way it is written you would be out of luck. It is written that it will only be a receptacle if you have a resident concealed carry, it will not be reciprocated if it is a non-resident
As a Texas license to carry handgun owner. I am against the National Reciprocity of CHLs. During the last 8 yrs the administration attacked gun ownership relentlessly and the only comfort during that time was State’s rights to govern themselves, And I live in Texas. I believe that going national with this bill would no doubt dilute my gun rights here in order to make it more palatable for representatives from states like IL, CA,and NY. Instead of messing with what we have I would prefer that time be spent going after what we don’t like repealing the NFA act, or actually just updating the 1986 date by a couple decades. Something that helps law abiding gun owners.
read the bill, it still gives the states their right to do as they please as they do now none of that changes. it makes it just as a DL is you have a permit in your state and go to another state that has permits yours is good there. if that state doesn’t have a way for their citizens to get a permit then you can’t carry in that state.
How many states absolutely will not issue a permit
While I agree with the desire for universal state reciprocity on this issue, I am struck by so many lovers and defenders of the US Constitution rejecting federalism and the very principle of states rights. States rights! States rights! the crowd chant – until it is something we want, then forget those pesky states rights – I want the big overreaching Federal Government to whip those pesky states in line!
John Feinblatt says this isn’t a “one size fits all” issue. He’s dead wrong. That’s exactly what it is. We’re not talking about local ordinances or state regulations. That’s where we are now, and that’s exactly the problem. This issue is a Constitutional issue, and that makes it a federal issue. It’s the Constitution that spells out the rules, not the states or the cities. That’s my two-cent’s worth.
States rights! Explain how this infringes on a protected realm of states rights.
By states rights, most are referring to the 10th amendment to the US Constitution, which says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The 2nd amendment prohibits “infringing on the right to bear arms.” That takes the question of “bearing arms” out of the realm of states rights. It further says “the right of the people” which is also stated in the 10th. Bearing arms is the right of the people, not the realm of the Federal government, or the State governments.
That the States have infringed upon this protected right in no way legitimizes their actions.
The second amendment describes the right to bear arms, and like all other rights they are subject to jurisdictional interpretation. The first amendment confers the right to peaceably assemble, but it doesn’t mean you have a right to assemble any where, any time you please. In almost every community around this nation it is a permitted activity which is granted with certain restrictions. The right to the free exercise of religion has lots of limitations, as does the freedom of speech. We limit the fifth amendment rights under certain circumstances, as we do most other rights.
I would like to see full reciprocity of concealed carry, and yes, many jurisdictions clearly level undue burdens on citizens in direct opposition to the second amendment, but as the majority held in Heller, “The [second] Amendment permits government to regulate the interests that it serves”, which includes the right of government to prohibit carrying of concealed weapons. Justice Antonin Scalia wrote the majority opinion in this matter.
Scalia went on to write, “Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose”. He continues, “…nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms”. Scalia footnotes this, writing, “We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive.”
The right to keep and bear arms is an individual right conferred to the citizen, but the implementation of that right is a matter, “reserved to the States respectively, or to the people”, with limited direction from the courts.
That is how this infringes on a protected realm of states rights.
https://www.supremecourt.gov/opinions/07pdf/07-290.pdf
When you accept restrictions to your constitutional rights you put yourself in the category of being a sheeple, the only way that your constitutional rights can be legally changed is bye legally changing the constitution.
The US Bill Of Rights is my national CCW permit. It clearly states that the right of the people to keep and bear arms shall not be infringed. Anybody attempting to disarm me against this, the highest law of our land is guilty of assault and robbery. Felonies in every state of the union. These felons will be dealt with in an appropriate manner. They will be shot in the face as a matter of self defence. Thats how it is.
Some states might just benefit from this bill. Wisconsin already has high taxes, which drive seniors out of the state, but if you have a CCW license in Wisconsin, and then become a ‘snow bird’ resident of Florida, you are no longer allowed to carry in Wisconsin. They treat you like you were never legal to carry. Makes one feel a whole lot better about moving.
We need more education, not regulation. We should not need a bill to grant us a privilege for a right afforded by the constitution.
Thank you gunsamerica for reporting on this! I think it’s about time this sort of legislation came down the pike.
I’m all for states rights, but seeing as how the right to bear arms is enshrined in the constitution, it is therefore a right directly delegated to the people, Not the states.
I agree that there should be no need for this bill in the first place, however, since the patchwork of gun laws is already in place, there are few options to over ride them. Pretty sure breaking the laws, as ridiculous as they may be, will create more short term problems, not long term solutions. Example: boycotting a vote because you’re already feeling marginalized (lookin at you, Iraq).
It seems that this a decent start to a legal battle that will continue to be a long process. I’m ready to do what I can to help, and I hope a couple of you come around to lend a hand as well.
At the very least, write your representatives, and exercise your First Amendment rights, in support of your Second.
A license is a license right? I do not have to get a drivers license when I reach the border of Nevada heading to Vegas. Every state has there own “rules of the road”. Califortunatley I don’t live there has the hands free on cell phone law. Good idea but how many people outside of that state know the rules? Having some form of protection just to carry it does not mean that there is protection for someone being dumb. I driver’s license does not stop someone from being dumb going state to state. Welcome to Nevada check your gun at the border. Welcome to Nevada here is your state drivers license but you can only get it after you pass a written test and a driving test. The government doing some good for the people and here come the cry sackers. That person that has been through a concealed carry class, shot 500 rounds to get that license, had a background check done is carrying a pistol. OMG. Sounds way better then I walked into the DMV passed a test and now I roll around in a 2 ton weapon. No pass the Hearing Protection Act and then get this through and then wait for the sh!t storm to start about supressors crossing state lines.
I travel cross-country to visit my son, who is stationed in CA; because I cannot carry the gun onto the base where he is stationed, I cannot carry it on the whole trip, mooting these kinds of laws.
You want to be able to carry onto a military installation? Seriously? Ack!!
A better solution is to defy the states themselves. There are enough of us to revolt against it.
How sad it is to see so many believers of natural rights abandon their principles for a counter-intuitive bill just because it gives them what they think they want.
No state, principality, or power has the right to oppress our right to self defense. This bill is a trap, and I fully implore all supporters of such measures to think deeply about the implications and consequences of advocating federal overreach to supposedly correct the injustices that other states have committed against their populaces.
Carry. Always. Defy the state and its claim to power over your life and property. That’s the only way to defeat tyranny. It was done once and it should be done again, but this time it can be done peacefully.
Monsoonmoon has got it right PLEASE READ!!! IT is a RIGHT to carry arms in america not a privilege. Our Constitutional Right. DO NOT COMPROMISE YOUR RIGHT OR YOU WILL LOSE IT FOREVER!!!!! Registration is a dangerous and manipulative tool being used by our corrupt government to control this great country of ours and if you falter and compromise on this principal you are giving away exactly what our forefathers so desperately and sacrificially fought the american revolution for, and the very reasons why this great country was founded on. GIVE THIS PRINCIPAL AWAY AND YOU WILL LOSE YOUR COUNTRY AS WELL. IT WOULD ONLY BE A MATTER OF TIME AFTER THIS PRINCIPAL IS LOST!!!.
I HAVE A PI Lic. A GUN CARD LIc. HAVE TO SHOW THE GUN AND ONLY WHEN WORKING FOR SECURITY. I HAVE A CLEAN RECORD OR I WOULD HAVE NEVER GOT THE GUN CARD .I HAD 10 LETTERS FROM POLICE OFFICERS GIVING ME THERE VERY HIGH RECOMINDATION . AND WAS STILL TURNED DOWN FOR A CCW IN ORANGE COUNTY CALIFORNIA
“Allow individuals who are carrying concealed to do so in the National Park System, . . . . ”
As soon as I read that I knew that this will NEVER get past the Senate in its present form.
This will push some states like NY and NJ to ban CCW altogether to put them out of the description of this law
Illinois used to be the only state with no CCW until a Federal Appeals Court ruled in Shepard v. Madigan that the Heller opinion implies that a state must recognize some form of CCW. That’s how Illinois got it’s CCW law in 2013. So, NY, NJ, CA and the other “may issue” states can’t go the route of banning all CCW, even if they would like to.
Looks like more crime and shootings happen in states that don’t let their people carry legal, Maryland, Washington DC, Chicago just saying. Now look at the crime rate where it’s legal. What side is congress really on and who’s best interest not mine
“Every state in our nation recognizes the right of residents to lawfully carry a concealed handgun in public for self-defense – a right that more than 15 million Americans now exercise.”
This is a very misleading statement. While every state has some sort of CCW license available, certain states, like the People’s Socialist Republic of New Jersey, make it nearly impossible for the average law-abiding citizen to arm himself. You have to be rich, powerful, and well-connected, in places like that, in order to get a license. The reciprocity law needs to be written – and passed – in such a way as to circumvent such elitist anti self-defense laws. This is one of the very RARE instances where I say, “TO HELL WITH INDIVIDUAL STATES’ RIGHTS!”
How many more people have to die because they cannot defend themselves?
Are we living in a Democracy or an Anarchy?
All due respect, but if this was anarchy, there would be nobody to prevent you from defending yourself 🙂
I’m happy to see one of my Senators as a sponsor. If it does pass we will still need to be cognizant of not only where we can carry in “foreign” States (e.g. no public park in TN) but 1) adhere to their rules of what we can carry and 2) they will still likely arrest you and let you rot in jail while fighting the constitutionality in court. Your shiny new Kimber may not be legal in Kalifornia nor your Glock 17 with a standard magazine in New York. None the less, I wish congress would take a lesson from the new administration and start getting things done instead of just jacking their jaws and fund raising.
Actually, you may carry in a public park in Tennessee.
Technically, you are both right . Code 39-17-1311 says you can’t carry “weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds.” However, it has a long list of exceptions, including carry permit holders (b-1-H&I), though you can’t carry there if any school function is going on in said park.
My wife and I are retired and travel through out this country. The states that deny me to carry we by pass. I dont think people realize how big and how desolate this country is and to be able to carry is very comforting. Lets help the retired group and others.
They need to add a clause to allow any entity that puts up “self defense prohibited zone” (aka no guns) signs to be civilly liable for any injuries that occur to concealed carries who had to give up their right to self defense at the door.
I do like that very much, We do respect the laws of are beloved country. That is good Work And at The same we can protect are country from spontaneous attack to are not arm citizens,the elders, children that can be stolen in are own eyes and is no time to lose, but more classes are to be taking and insure are guns and fire arms to be save i love my nation never do something to harm so one for bean stupid i have 17 years with mine and do not ham any one. God bless America and are President Trump And are legislative and senators from all patty’s amen.
Funny how these asinine and obvious hypocrites forget entirely about “one size does not fit all” when they introduce oppressive and unworkable anti-gun legislation in Congress for the entire country–laws that won’t do anything to keep armed criminals off the street and actually encourage them where they exist now. Seems “one size fits all” is okay when it’s their agenda.
Rules, rules, rules, Laws, laws, laws and more and so on! When you think about this logically it is Dead Wrong! We don’t need the government to tell us what the constitution already has for over 200 years! We need government to stand up, put on their big girl panties and repeal all the restrictions placed on gun owners over the years and throw them out! We actually have laws that protect us, the US citizen from not being able to exercise our rights, government needs to enforce these laws and arrest and charge all officials and persons, when the right of the 2nd amendment is denied, period! We all have equal rights under our already existing laws and it about damn time we stood up for our rights and not give in to more government control of those rights because then they become privileges! Stand up America this is a step in the wrong direction!
Everyone needs to get onboard for this conceal carry law! As we all have found to be true is as they say “the only thing that stops a bad guy with a gun is the good guy with a gun” Amen.
Seems John Feinblatt thinks those little areas of the country who want to set their own laws regarding weapons are so much different than the rest of the country that for the most part the rest of the United States is wrong. Wrong for giving the public the right to carry a weapon and or visit those little areas he is so concerned about.
It would almost make you think those little areas might be the power hungry, cannot share, good ole boys rule and never shall they surrender that right to the rest of the country citizens.
Sad they or he for that fact needs to feel that way. All I can the him or them in those dark little places he is speaking of is to take a vacation, come out to Arizona and visit the beautiful areas we have and meet the nice people here. You will be surprised as those you meet just might be carrying a concealed weapon but you will never know it unless it all goes badly and a weapon needs to show up.
WE do not have high noon on the Main St shootings like the old west, which we still are by some areas but we are a place where you can see and learn carrying a weapon is not a bad thing unless the person doing the carrying is bent on being and doing bad.
As a now retired 25years served behind the badge officer here in the desert SW I invite you to come see us.
Just don’t come out between the months of late June thru late Sept..Those with no sun tolerance have a tendency to explode on our sidewalks upon arrival when it is 112 plus here daily during those months