Concealed Carry Reciprocity Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 38 To amend title 18, United States Code, to provide a means by which non- residents of a State whose residents may carry concealed firearms may also do so in the State. IN THE HOUSE OF REPRESENTATIVES JANUARY 3, 2019 Mr. HUDSON (for himself, Mr. TIPTON, Mr. HIGGINS of Louisiana, Mr. ARRINGTON, Mr. MULLIN, Mr. CHABOT, Mr. HUNTER, Mr. YOHO, Mr. MARSHALL, Mr. MARINO, Mr. GOSAR, Mr. HARRIS, Ms. STEFANIK, Mr. PALAZZO, Mr. NEWHOUSE, Mr. DUFFY, Mr. HILL of Arkansas, Mr. LONG, Mr. AUSTIN SCOTT of Georgia, Mr. WALKER, Mr. SMUCKER, Mr. FERGUSON, Mr. WEBER of Texas, Mr. BYRNE, Mr. CONAWAY, Mr. HOLDING, Mr. RIGGLEMAN, Mr. JOYCE of Pennsylvania, Mr. KELLY of Pennsylvania, Mr. SPANO, Mr. GRAVES of Georgia, Mr. DUNN, Ms. CHE- NEY, Mr. MOOLENAAR, Mr. LATTA, Mr. WRIGHT, Mr. FLORES, Mr. CAR- TER of Texas, Mr. CUELLAR, Ms. GRANGER, Mr. PERRY, Mr. ROGERS of Alabama, Mr. GIANFORTE, Mr. WILLIAMS, Mr. BABIN, Mr. BURGESS, Mr. MARCHANT, Mr. OLSON, Mr. GIBBS, Mr. KING of Iowa, Mr. BUDD, Mr. YOUNG, Mr. MAST, Mr. REED, Mrs. LESKO, Mr. GRAVES of Lou- isiana, Mr. ROONEY of Florida, Mr. DUNCAN, Mr. BANKS, Mr. COMER, Mr. JORDAN, Mr. JOHNSON of Louisiana, Mr. LOUDERMILK, Mr. KELLY of Mississippi, Mr. MEADOWS, Mr. ROUZER, Mr. GAETZ, Mr. MCHENRY, Mr. KINZINGER, Mr. DAVID P. ROE of Tennessee, Mr. DAVIDSON of Ohio, Mr. BUCK, Mr. WALTZ, Mr. BISHOP of Georgia, Mr. CURTIS, Mr. BOST, Mr. NORMAN, Mr. GUTHRIE, Mr. SMITH of Nebraska, Mr. BERGMAN, Mr. COLLINS of New York, Mr. HICE of Georgia, Mr. CRAWFORD, Mr. JOHNSON of Ohio, Mr. WOMACK, Mr. BIGGS, Mr. ABRA- HAM, Mr. SMITH of Missouri, Mr. WEBSTER of Florida, Mrs. WALORSKI, and Mr. PALMER) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide a means VerDate Sep 11 2014 02:53 Jan 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42 with BILLS 2 •HR 38 IH 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 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 ‘‘Concealed Carry Reci- 4 procity Act of 2019’’. 5 SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN 6 CONCEALED FIREARMS. 7 (a) IN GENERAL.—Chapter 44 of title 18, United 8 States Code, is amended by inserting after section 926C 9 the following: 10 ‘‘§ 926D. Reciprocity for the carrying of certain con- 11 cealed firearms 12 ‘‘(a) Notwithstanding any provision of the law of any 13 State or political subdivision thereof (except as provided 14 in subsection (b)) and subject only to the requirements 15 of this section, a person who is not prohibited by Federal 16 law from possessing, transporting, shipping, or receiving 17 a firearm, who is carrying a valid identification document 18 containing a photograph of the person, and who is car- 19 rying a valid license or permit which is issued pursuant 20 to the law of a State and which permits the person to 21 carry a concealed firearm or is entitled to carry a con- 22 cealed firearm in the State in which the person resides, 23 may possess or carry a concealed handgun (other than a 24 VerDate Sep 11 2014 02:53 Jan 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42 with BILLS 3 •HR 38 IH machine gun or destructive device) that has been shipped 1 or transported in interstate or foreign commerce, in any 2 State that— 3 ‘‘(1) has a statute under which residents of the 4 State may apply for a license or permit to carry a 5 concealed firearm; or 6 ‘‘(2) does not prohibit the carrying of concealed 7 firearms by residents of the State for lawful pur- 8 poses. 9 ‘‘(b) This section shall not be construed to supersede 10 or limit the laws of any State that— 11 ‘‘(1) permit private persons or entities to pro- 12 hibit or restrict the possession of concealed firearms 13 on their property; or 14 ‘‘(2) prohibit or restrict the possession of fire- 15 arms on any State or local government property, in- 16 stallation, building, base, or park. 17 ‘‘(c)(1) A person who carries or possesses a concealed 18 handgun in accordance with subsections (a) and (b) may 19 not be arrested or otherwise detained for violation of any 20 law or any rule or regulation of a State or any political 21 subdivision thereof related to the possession, transpor- 22 tation, or carrying of firearms unless there is probable 23 cause to believe that the person is doing so in a manner 24 not provided for by this section. Presentation of facially 25 VerDate Sep 11 2014 21:45 Jan 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42 with BILLS 4 •HR 38 IH valid documents as specified in subsection (a) is prima 1 facie evidence that the individual has a license or permit 2 as required by this section. 3 ‘‘(2) When a person asserts this section as a defense 4 in a criminal proceeding, the prosecution shall bear the 5 burden of proving, beyond a reasonable doubt, that the 6 conduct of the person did not satisfy the conditions set 7 forth in subsections (a) and (b). 8 ‘‘(3) When a person successfully asserts this section 9 as a defense in a criminal proceeding, the court shall 10 award the prevailing defendant a reasonable attorney’s 11 fee. 12 ‘‘(d)(1) A person who is deprived of any right, privi- 13 lege, or immunity secured by this section, under color of 14 any statute, ordinance, regulation, custom, or usage of any 15 State or any political subdivision thereof, may bring an 16 action in any appropriate court against any other person, 17 including a State or political subdivision thereof, who 18 causes the person to be subject to the deprivation, for 19 damages or other appropriate relief. 20 ‘‘(2) The court shall award a plaintiff prevailing in 21 an action brought under paragraph (1) damages and such 22 other relief as the court deems appropriate, including a 23 reasonable attorney’s fee. 24 ‘‘(e) In subsection (a): 25 VerDate Sep 11 2014 02:53 Jan 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42 with BILLS 5 •HR 38 IH ‘‘(1) The term ‘identification document’ means 1 a document made or issued by or under the author- 2 ity of the United States Government, a State, or a 3 political subdivision of a State which, when com- 4 pleted with information concerning a particular indi- 5 vidual, is of a type intended or commonly accepted 6 for the purpose of identification of individuals. 7 ‘‘(2) The term ‘handgun’ includes any magazine 8 for use in a handgun and any ammunition loaded 9 into the handgun or its magazine. 10 ‘‘(f)(1) A person who possesses or carries a concealed 11 handgun under subsection (a) shall not be subject to the 12 prohibitions of section 922(q) with respect to that hand- 13 gun. 14 ‘‘(2) A person possessing or carrying a concealed 15 handgun in a State under subsection (a) may do so in 16 any of the following areas in the State that are open to 17 the public: 18 ‘‘(A) A unit of the National Park System. 19 ‘‘(B) A unit of the National Wildlife Refuge 20 System. 21 ‘‘(C) Public land under the jurisdiction of the 22 Bureau of Land Management. 23 ‘‘(D) Land administered and managed by the 24 Army Corps of Engineers. 25 VerDate Sep 11 2014 02:53 Jan 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42 with BILLS 6 •HR 38 IH ‘‘(E) Land administered and managed by the 1 Bureau of Reclamation. 2 ‘‘(F) Land administered and managed by the 3 Forest Service.’’. 4 (b) CLERICAL AMENDMENT.—The table of sections 5 for such chapter is amended by inserting after the item 6 relating to section 926C the following: 7 ‘‘926D. Reciprocity for the carrying of certain concealed firearms.’’. (c) SEVERABILITY.—Notwithstanding any other pro- 8 vision of this Act, if any provision of this section, or any 9 amendment made by this section, or the application of 10 such provision or amendment to any person or circum- 11 stance is held to be unconstitutional, this section and 12 amendments made by this section and the application of 13 such provision or amendment to other persons or cir- 14 cumstances shall not be affected thereby. 15 (d) EFFECTIVE DATE.—The amendments made by 16 this section shall take effect 90 days after the date of the 17 enactment of this Act. 18 Æ VerDate Sep 11 2014 02:53 Jan 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42 with BILLS