The U.S. House Judiciary Committee will send a “national reciprocity” bill for concealed carry to the House for a vote.
Republican committee members said HR 38— the “Constitutional Concealed Carry Reciprocity Act’’—is meant to ensure that law-abiding Americans can exercise their Second Amendment rights regardless of what state they happen to be in.
The law would allow people with a concealed carry permit from their home state to carry a gun in any other state. The person would need to have a valid home state-issued permit, even if the owner lives in a state that allows permitless carry, also known as “constitutional carry.”
“Your Second Amendment Rights don’t end because you happen to cross a state line,” Rep. Jim Jordan (R-Ohio) said during the committee markup session on March 25.
Proponents of the legislation say it requires concealed weapons permit holders to comply with the laws in whatever state they are in and therefore does not conflict with any other state gun laws, including preserving the rights of private property owners to restrict firearms on their property.
Democrats on the committee disagree, saying the legislation would force states with strict gun laws to recognize permits from states with weaker gun laws, which would lead to an increase in violent crime and deaths involving guns.
According to the bill’s detractors, the proposed law would also violate the right of voters in each state to determine their state’s gun laws.
“This legislation is an affront to federalism,” Rep. Jerrold Nadler (D-N.Y.) said. “We should respect the public safety decisions of those states.”
Jordan said the bill raises the Second Amendment rights of law-abiding citizens to the same priority as their other constitutional rights.
“The First Amendment doesn’t change from state to state,” Jordan said. “The Second Amendment shouldn’t either.”
Rep. Jamie Raskin (D-Md.) said many states already have reciprocity agreements. According to Raskin, HR 38 would negate those agreements.
“This is not a reciprocity act. This bill would abolish reciprocity,” Raskin said.
Rep. Mary Gay Scanlon (D-Pa.) said her state adopted gun laws to keep its citizens safe from people intent on committing violence with guns. She said forcing the state to recognize firearm permits issued by other states in line with the Second Amendment would displace the will of Pennsylvania’s voters.
“This bill would effectively overrule Pennsylvania,” she said.
Democrats said studies show increased crime involving guns in places where gun restrictions are more relaxed.
They also criticized language that would allow lawsuits against officials, including police, who use laws to deprive people of their rights. The proposed legislation also provides for those charged under the law but found not guilty to be compensated for reasonable attorney’s fees.
Rep. Thomas Massie (R-Ky.) offered an alternative to the bill that got even less support from Democrats.
Reciprocity is NRA’s Priority
Massie told the committee that under Bruen, if a person can legally own a gun, they can legally carry it.He suggested amending HR 38 to codify constitutional carry nationwide.
John Commerford, executive director of the National Rifle Association’s institute for legislative action, said national reciprocity is the Second Amendment lobbying group’s top goal for this Congress. President Donald Trump has promised to sign the bill if it comes across his desk.
The bill will now go to the House for consideration. The same bill passed the House of Representatives in 2017 on a vote of 231–198. It was then referred to the Senate, where it did not receive a vote.
Rep. Richard Hudson (R-N.C.) introduced HR 38 in the House on Jan. 3. The Senate version, S 65, was introduced by Sen. John Cornyn (R-Texas) on Jan. 9. That bill is currently before the Senate Judiciary Committee.
