Constitutional Concealed Carry Reciprocity Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1522 To allow reciprocity for the carrying of certain concealed firearms. IN THE SENATE OF THE UNITED STATES APRIL 29, 2021 Mr. CORNYN (for himself, Mr. HAGERTY, Mr. COTTON, Mrs. CAPITO, Mr. THUNE, Mr. GRASSLEY, Mr. SHELBY, Mr. CRUZ, Mr. CRAPO, Mr. RUBIO, Mr. HAWLEY, Ms. ERNST, Mr. MORAN, Mrs. HYDE-SMITH, Mr. BARRASSO, Mrs. BLACKBURN, Mr. CASSIDY, Mr. TILLIS, Ms. LUMMIS, Mr. GRAHAM, Mr. CRAMER, Mr. SCOTT of Florida, Mr. RISCH, Mr. INHOFE, Mr. BRAUN, Mrs. FISCHER, Mr. BOOZMAN, Mr. DAINES, Mr. WICKER, Mr. MCCONNELL, and Mr. HOEVEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To allow reciprocity for the carrying of certain concealed firearms. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Constitutional Con- 4 cealed Carry Reciprocity Act of 2021’’. 5 VerDate Sep 11 2014 01:40 May 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1522.IS S1522 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1522 IS SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN 1 CONCEALED FIREARMS. 2 (a) IN GENERAL.—Chapter 44 of title 18, United 3 States Code, is amended by inserting after section 926C 4 the following: 5 ‘‘§ 926D. Reciprocity for the carrying of certain con- 6 cealed firearms 7 ‘‘(a) IN GENERAL.—Notwithstanding any provision 8 of the law of any State or political subdivision thereof to 9 the contrary— 10 ‘‘(1) an individual who is not prohibited by 11 Federal law from possessing, transporting, shipping, 12 or receiving a firearm, and who is carrying a govern- 13 ment-issued photographic identification document 14 and a valid license or permit which is issued pursu- 15 ant to the law of a State and which permits the indi- 16 vidual to carry a concealed firearm, may possess or 17 carry a concealed handgun (other than a machine- 18 gun or destructive device) that has been shipped or 19 transported in interstate or foreign commerce in any 20 State other than the State of residence of the indi- 21 vidual that— 22 ‘‘(A) has a statute that allows residents of 23 the State to obtain licenses or permits to carry 24 concealed firearms; or 25 VerDate Sep 11 2014 01:40 May 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1522.IS S1522 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1522 IS ‘‘(B) does not prohibit the carrying of con- 1 cealed firearms by residents of the State for 2 lawful purposes; and 3 ‘‘(2) an individual who is not prohibited by 4 Federal law from possessing, transporting, shipping, 5 or receiving a firearm, and who is carrying a govern- 6 ment-issued photographic identification document 7 and is entitled and not prohibited from carrying a 8 concealed firearm in the State in which the indi- 9 vidual resides otherwise than as described in para- 10 graph (1), may possess or carry a concealed hand- 11 gun (other than a machinegun or destructive device) 12 that has been shipped or transported in interstate or 13 foreign commerce in any State other than the State 14 of residence of the individual that— 15 ‘‘(A) has a statute that allows residents of 16 the State to obtain licenses or permits to carry 17 concealed firearms; or 18 ‘‘(B) does not prohibit the carrying of con- 19 cealed firearms by residents of the State for 20 lawful purposes. 21 ‘‘(b) CONDITIONS AND LIMITATIONS.—The posses- 22 sion or carrying of a concealed handgun in a State under 23 this section shall be subject to the same conditions and 24 limitations, except as to eligibility to possess or carry, im- 25 VerDate Sep 11 2014 01:40 May 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1522.IS S1522 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1522 IS posed by or under Federal or State law or the law of a 1 political subdivision of a State, that apply to the posses- 2 sion or carrying of a concealed handgun by residents of 3 the State or political subdivision who are licensed by the 4 State or political subdivision to do so, or not prohibited 5 by the State from doing so. 6 ‘‘(c) UNRESTRICTED LICENSE OR PERMIT.—In a 7 State that allows the issuing authority for licenses or per- 8 mits to carry concealed firearms to impose restrictions on 9 the carrying of firearms by individual holders of such li- 10 censes or permits, an individual carrying a concealed 11 handgun under this section shall be permitted to carry a 12 concealed handgun according to the same terms author- 13 ized by an unrestricted license of or permit issued to a 14 resident of the State. 15 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec- 16 tion shall be construed to preempt any provision of State 17 law with respect to the issuance of licenses or permits to 18 carry concealed firearms.’’. 19 (b) CLERICAL AMENDMENT.—The table of sections 20 for chapter 44 of title 18, United States Code, is amended 21 by inserting after the item relating to section 926C the 22 following: 23 ‘‘926D. Reciprocity for the carrying of certain concealed firearms.’’. (c) SEVERABILITY.—Notwithstanding any other pro- 24 vision of this Act, if any provision of this Act, or any 25 VerDate Sep 11 2014 01:40 May 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1522.IS S1522 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1522 IS amendment made by this Act, or the application of such 1 provision or amendment to any person or circumstance is 2 held to be unconstitutional, this Act and amendments 3 made by this Act and the application of such provision 4 or amendment to other persons or circumstances shall not 5 be affected thereby. 6 (d) EFFECTIVE DATE.—The amendments made by 7 this Act shall take effect 90 days after the date of enact- 8 ment of this Act. 9 Æ VerDate Sep 11 2014 01:40 May 25, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1522.IS S1522 kjohnson on DSK79L0C42PROD with BILLS