Concealed Carry Reciprocity Act

I 118TH 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 9, 2023 Mr. HUDSON (for himself, Mr. GOSAR, Mr. BURCHETT, Mr. MOONEY, Mr. ISSA, Mr. FERGUSON, Mr. MCCLINTOCK, Mr. BOST, Mr. PERRY, Mr. SMITH of Missouri, Mr. JOHNSON of Ohio, Mr. WITTMAN, Mr. CRAWFORD, Mr. BURGESS, Mr. RESCHENTHALER, Mrs. WAGNER, Mr. LATTA, Ms. VAN DUYNE, Mr. ARMSTRONG, Mr. CRENSHAW, Mr. POSEY, Ms. STEFANIK, Mr. HILL, Mr. SIMPSON, Mr. ELLZEY, Mr. DAVIDSON, Mr. GAETZ, Mr. MAST, Mr. BUCK, Mr. ARRINGTON, Mr. DUNN of Flor- ida, Mr. BERGMAN, Mr. CARL, Mr. WILSON of South Carolina, Mr. AUS- TIN SCOTT of Georgia, Mr. CLOUD, Ms. MACE, Mrs. CAMMACK, Mr. BABIN, Mr. MURPHY, Mr. AMODEI, Mr. CARTER of Georgia, Mr. GUEST, Mr. WALTZ, Mr. LAMBORN, Mr. PALMER, Mr. GROTHMAN, Mrs. HARSHBARGER, Mr. LAHOOD, Mr. CLINE, Mr. STEIL, Ms. LETLOW, Mr. FINSTAD, Mr. STAUBER, Mr. KELLY of Pennsylvania, Mr. BISHOP of North Carolina, Mr. BAIRD, Mrs. MILLER-MEEKS, Mr. GIMENEZ, Mr. MOORE of Utah, Mr. JACKSON of Texas, Mr. JOHNSON of South Dakota, Mr. FALLON, Mr. NEWHOUSE, Mrs. MILLER of West Virginia, Mr. BALDERSON, Ms. FOXX, Mr. SMUCKER, Mr. SESSIONS, Mr. BUCHANAN, Mr. ADERHOLT, Mr. THOMPSON of Pennsylvania, Mr. NORMAN, Mr. BILIRAKIS, Mr. PFLUGER, Mr. LATURNER, Mr. MCHENRY, Mr. BUCSHON, Mr. OWENS, Mr. MOOLENAAR, Mr. CLYDE, Mr. JOYCE of Ohio, Mr. BIGGS, Mr. GRAVES of Missouri, Mr. COLE, Mr. ESTES, Mr. GUTHRIE, Mr. HERN, Mr. WALBERG, Mr. MOORE of Alabama, Mr. JOYCE of Pennsylvania, Mr. TIMMONS, Mrs. LESKO, Mr. DUNCAN, Mr. TONY GONZALES of Texas, Mr. VAN DREW, Mr. SELF, Mr. VALADAO, Mr. GOOD of Virginia, Mr. STEUBE, Mr. WOMACK, Mr. HARRIS, Mr. ROSENDALE, Mr. HIGGINS of Louisiana, Mr. RUTHERFORD, Mr. LUETKEMEYER, Mr. HUIZENGA, Mr. FITZGERALD, Mr. COMER, Mrs. HINSON, Mr. GOLDEN of Maine, Mr. LUCAS, Mr. CURTIS, Mr. ROSE, Mr. WENSTRUP, Mr. STRONG, Mr. MORAN, Mr. OBERNOLTE, and Mr. FLOOD) introduced the following bill; which was referred to the Com- mittee on the Judiciary VerDate Sep 11 2014 03:50 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 38 IH A BILL To amend title 18, United States Code, to provide a means 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’’. 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 VerDate Sep 11 2014 03:50 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 38 IH carry a concealed firearm or is entitled to carry a con- 1 cealed firearm in the State in which the person resides, 2 may possess or carry a concealed handgun (other than a 3 machine gun or destructive device) that has been shipped 4 or transported in interstate or foreign commerce, in any 5 State that— 6 ‘‘(1) has a statute under which residents of the 7 State may apply for a license or permit to carry a 8 concealed firearm; or 9 ‘‘(2) does not prohibit the carrying of concealed 10 firearms by residents of the State for lawful pur- 11 poses. 12 ‘‘(b) This section shall not be construed to supersede 13 or limit the laws of any State that— 14 ‘‘(1) permit private persons or entities to pro- 15 hibit or restrict the possession of concealed firearms 16 on their property; or 17 ‘‘(2) prohibit or restrict the possession of fire- 18 arms on any State or local government property, in- 19 stallation, building, base, or park. 20 ‘‘(c)(1) A person who carries or possesses a concealed 21 handgun in accordance with subsections (a) and (b) may 22 not be arrested or otherwise detained for violation of any 23 law or any rule or regulation of a State or any political 24 subdivision thereof related to the possession, transpor- 25 VerDate Sep 11 2014 03:50 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 38 IH tation, or carrying of firearms unless there is probable 1 cause to believe that the person is doing so in a manner 2 not provided for by this section. Presentation of facially 3 valid documents as specified in subsection (a) is prima 4 facie evidence that the individual has a license or permit 5 as required by this section. 6 ‘‘(2) When a person asserts this section as a defense 7 in a criminal proceeding, the prosecution shall bear the 8 burden of proving, beyond a reasonable doubt, that the 9 conduct of the person did not satisfy the conditions set 10 forth in subsections (a) and (b). 11 ‘‘(3) When a person successfully asserts this section 12 as a defense in a criminal proceeding, the court shall 13 award the prevailing defendant a reasonable attorney’s 14 fee. 15 ‘‘(d)(1) A person who is deprived of any right, privi- 16 lege, or immunity secured by this section, under color of 17 any statute, ordinance, regulation, custom, or usage of any 18 State or any political subdivision thereof, may bring an 19 action in any appropriate court against any other person, 20 including a State or political subdivision thereof, who 21 causes the person to be subject to the deprivation, for 22 damages or other appropriate relief. 23 ‘‘(2) The court shall award a plaintiff prevailing in 24 an action brought under paragraph (1) damages and such 25 VerDate Sep 11 2014 03:50 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 38 IH other relief as the court deems appropriate, including a 1 reasonable attorney’s fee. 2 ‘‘(e) In subsection (a): 3 ‘‘(1) The term ‘identification document’ means 4 a document made or issued by or under the author- 5 ity of the United States Government, a State, or a 6 political subdivision of a State which, when com- 7 pleted with information concerning a particular indi- 8 vidual, is of a type intended or commonly accepted 9 for the purpose of identification of individuals. 10 ‘‘(2) The term ‘handgun’ includes any magazine 11 for use in a handgun and any ammunition loaded 12 into the handgun or its magazine. 13 ‘‘(f)(1) A person who possesses or carries a concealed 14 handgun under subsection (a) shall not be subject to the 15 prohibitions of section 922(q) with respect to that hand- 16 gun. 17 ‘‘(2) A person possessing or carrying a concealed 18 handgun in a State under subsection (a) may do so in 19 any of the following areas in the State that are open to 20 the public: 21 ‘‘(A) A unit of the National Park System. 22 ‘‘(B) A unit of the National Wildlife Refuge 23 System. 24 VerDate Sep 11 2014 03:50 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 38 IH ‘‘(C) Public land under the jurisdiction of the 1 Bureau of Land Management. 2 ‘‘(D) Land administered and managed by the 3 Army Corps of Engineers. 4 ‘‘(E) Land administered and managed by the 5 Bureau of Reclamation. 6 ‘‘(F) Land administered and managed by the 7 Forest Service.’’. 8 (b) CLERICAL AMENDMENT.—The table of sections 9 for such chapter is amended by inserting after the item 10 relating to section 926C the following: 11 ‘‘926D. Reciprocity for the carrying of certain concealed firearms.’’. (c) SEVERABILITY.—Notwithstanding any other pro- 12 vision of this Act, if any provision of this section, or any 13 amendment made by this section, or the application of 14 such provision or amendment to any person or circum- 15 stance is held to be unconstitutional, this section and 16 amendments made by this section and the application of 17 such provision or amendment to other persons or cir- 18 cumstances shall not be affected thereby. 19 (d) EFFECTIVE DATE.—The amendments made by 20 this section shall take effect 90 days after the date of the 21 enactment of this Act. 22 Æ VerDate Sep 11 2014 03:50 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H38.IH H38 kjohnson on DSK79L0C42PROD with BILLS