For the sixth Congress in a row, bills to require states to honor out-of-state concealed weapons permits are in both chambers of Congress.
The House Judiciary Committee will mark up its version of the legislation on March 25. President Donald Trump has promised to sign it if it reaches his desk.
Rep. Richard Hudson (R-N.C.) introduced HR 38 in the House on Jan. 3. The Senate version, S 65, introduced by Sen. John Cornyn (R-Texas) on Jan. 9, is before that chamber’s Judiciary Committee.
Proponents of the reciprocity bills say they require concealed weapons permit holders to comply with all other gun laws in whatever state they are in. For example, if the state prohibits guns in places of worship, he or she couldn’t concealed carry in those places even if their home state allows it.
Opponents of the legislation say that’s not true.
David LaBahn, president and CEO of the Association of Prosecuting Attorneys, said his organization opposed the legislation when it was introduced in 2017 and that it has not changed its position.
He said the bills, as they are currently written, would require police to know the gun laws in all 50 states and to take the word of out-of-state visitors that whatever state gun permit they present is valid.
The critics contend that states with strict gun laws, like California and New York, would be forced to recognize permits from states with fewer restrictions. According to LaBahn, that means that people from states with less gun control would not be subject to the stricter regulations.
“As long as you’re from an open-carry state, you can open carry any place in the country you choose,” LaBahn told The Epoch Times.
On its website, Giffords.org—the gun control group founded by former Congresswoman Gabby Giffords, who was shot during an event in Tucson, Arizona—criticized Republicans for introducing the legislation on Jan. 8, the anniversary of Giffords’s shooting.
“A New York police officer is not trained to enforce Montana gun laws,” the website reads. “Under some versions of [concealed carry reciprocity], if an officer accidentally arrests someone they think is breaking the wrong state’s law, the police officer could be charged with a crime.”
LaBahn said that states currently arrange reciprocity compacts. Compacts ensure that officials understand the laws in each member state.
However, the reciprocity bills disregard state laws, he said.
“This is really an anti-10th Amendment Bill where the federal authorities are stepping in,” LaBahn said.
Proponents of the bills say that LaBahn’s interpretation is wrong.
Amy Swearer, an attorney and a senior legal fellow at The Heritage Foundation, carries a concealed firearm. She said reciprocity for concealed carry permits would make her life easier.
Swearer lives in Virginia but travels through other states regularly for work. She said the reciprocity would give her peace of mind, knowing that she is not breaking the law in a state she’s visiting by simply exercising her Second Amendment rights.
“The state in which [the concealed carry permit holder is] in can’t prosecute them for the offense of carrying without a license or unlawful carry. [But] that person would still have to abide by all the other carry laws in that state,” Swearer told The Epoch Times.
Currently, under the federal Firearm Owners Protection Act, nonresidents can legally transport unloaded firearms through a state if they are traveling to or from a place where they can legally possess the firearm.
Swearer said that with the bill, there may end up being some other local gun laws that won’t apply to out-of-state visitors, such as gun registration requirements. But importantly, reciprocity does not require the state of New York, with strict gun regulations, to allow Oklahoma residents act in accordance with only Oklahoma’s gun regulations when they are in the Empire State.
“So nothing in this bill would require states in any capacity to change their existing gun laws or restrictions on where people can or cannot carry,” Swearer said.
John Commerford, executive director of the National Rifle Association’s (NRA) Institute for Legislative Action, said national reciprocity for concealed carry is the NRA’s top goal for this Congress. He said Trump has promised to sign the bill if it reaches his desk.
Commerford said the law does have one requirement that gun owners in at least 29 states with permitless carry should be aware of.
“Under HR 38, you would need a permit from your state to carry in the other states,” Commerford told The Epoch Times.
According to Commerford, 29 states are “Constitutional Carry” states. These states do not require permits to carry a concealed firearm in public for individuals who can legally possess a firearm.
All but one of these states offer a permit even though it isn’t required. Vermont has never required a concealed carry permit.
Commerford said a permit provides evidence that the gun owner has met some legal requirements for carrying a firearm. He also said that the bill is part of a larger objective.
“The ultimate goal would be to have constitutional carry nationwide. However, HR 38 is politically viable in this Congress,” Commerford said.
Commerford admitted that politically viable isn’t the same as a done deal. However, with a majority of the states adopting Constitutional Carry and Republicans controlling both chambers and the White House, Commerford said the NRA will work to get the bill on the floor of the House and then on to the Senate.
LaBahn said his organization will monitor the bill and take any action they deem appropriate to prevent its progress. He said that if the bill’s supporters really believe they have the backing of the majority of states, perhaps they should change their strategy.
“If the desire is to have national right to carry, Congress can establish that, and [eliminate] state to state confusion. This act is ... a very poor second best to their intent and will likely get people hurt,” LaBahn said.
