A concurrent resolution expressing the sense of Congress that undue restrictions on the right of law-abiding gun owners to carry a firearm for self-defense outside of the home violate the Second Amendment to the Constitution of the United States.

III 116TH CONGRESS 2D SESSION S. CON. RES. 40 Expressing the sense of Congress that undue restrictions on the right of law-abiding gun owners to carry a firearm for self-defense outside of the home violate the Second Amendment to the Constitution of the United States. IN THE SENATE OF THE UNITED STATES JUNE 23, 2020 Mrs. LOEFFLER submitted the following concurrent resolution; which was referred to the Committee on the Judiciary CONCURRENT RESOLUTION Expressing the sense of Congress that undue restrictions on the right of law-abiding gun owners to carry a firearm for self-defense outside of the home violate the Second Amendment to the Constitution of the United States. Whereas the Second Amendment to the Constitution of the United States (referred to in this preamble as the ‘‘Sec- ond Amendment’’) states, ‘‘[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be in- fringed.’’; Whereas the right to ‘‘bear Arms’’, in plain language, means the right to carry arms; VerDate Sep 11 2014 23:52 Jun 23, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SC40.IS SC40 kjohnson on DSK79L0C42PROD with BILLS 2 •SCON 40 IS Whereas, based on this plain language, the Second Amend- ment clearly provides individual citizens with a right to carry arms for the purpose of self-defense; Whereas the Supreme Court of the United States has held that the Second Amendment is incorporated under the Fourteenth Amendment to the Constitution of the United States and thereby protects the right of an individual under the Second Amendment from infringement by State and local governments; Whereas several States have enacted laws that unduly inhibit and infringe upon the rights of a law-abiding individual to carry a firearm outside of the home, unless the indi- vidual can demonstrate a special need to carry the fire- arm; Whereas these State laws are inconsistent with the plain meaning of the right to bear arms and the rights granted to individuals by the Second Amendment; and Whereas established Federal processes and procedures regu- lating the right to purchase and possess a firearm are sufficient to provide for the interests of public safety: Now, therefore, be it Resolved by the Senate (the House of Representatives 1 concurring), That it is the sense of Congress that undue 2 restrictions on the right of law-abiding gun owners to 3 carry a firearm for self-defense outside of the home— 4 (1) violate both— 5 (A) the intent of the Founding Fathers, as 6 expressed by James Madison in The Federalist 7 No. 46; and 8 VerDate Sep 11 2014 23:52 Jun 23, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SC40.IS SC40 kjohnson on DSK79L0C42PROD with BILLS 3 •SCON 40 IS (B) the clear meaning of the Second 1 Amendment to the Constitution of the United 2 States ‘‘to keep and bear Arms’’; and 3 (2) are unlawful infringements of the rights 4 granted by the Second Amendment to the Constitu- 5 tion of the United States. 6 Æ VerDate Sep 11 2014 23:52 Jun 23, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\SC40.IS SC40 kjohnson on DSK79L0C42PROD with BILLS