Federal

Constitutional Concealed Carry Reciprocity Act of 2023

Source: Congress.gov · 1,143 words in original text

What This Bill Does

This bill allows people to carry concealed handguns across state lines if they have a valid license or permit from their home state. The law overrides state and local rules that would otherwise prevent out-of-state residents from carrying concealed firearms. ##

Who It Affects

- Individuals who hold valid concealed carry licenses or permits from their home state - States that allow or permit concealed firearm carrying - State and local law enforcement agencies ##

Key Provisions

- A person with a valid state-issued concealed carry license or permit can carry a concealed handgun in other states, even if they do not live there (Sec. 2(a)(1)) - A person legally allowed to carry a concealed firearm in their home state can carry in other states, even without a formal license if their home state allows unlicensed carry (Sec. 2(a)(2)) - Anyone carrying a concealed handgun under this law must carry a government-issued photo ID and must follow that state's rules about where and how firearms can be carried (Sec. 2(b)) - In states that allow restrictions on gun carrying, out-of-state carriers get the same rights as state residents with unrestricted licenses (Sec. 2(c)) ##

What Changes

Federal law will require states to recognize concealed carry rights from other states instead of enforcing their own stricter rules. States cannot prohibit out-of-state residents with valid licenses from carrying concealed handguns within their borders. ##

Important Definitions

- Concealed handgun: a firearm carried hidden on a person (excluding machine guns or destructive devices) - Reciprocity: the practice of states recognizing each other's licenses and permits - Destructive device: Not defined in bill text ##

Effective Date

90 days after the bill becomes law.

II Calendar No. 10 118TH CONGRESS 1ST SESSION S. 214 To allow reciprocity for the carrying of certain concealed firearms. IN THE SENATE OF THE UNITED STATES FEBRUARY 1, 2023 Mr. CORNYN (for himself, Mr. MCCONNELL, Mr. HAGERTY, Mr. COTTON, Mr. TILLIS, Mrs. HYDE-SMITH, Mr. GRASSLEY, Mr. KENNEDY, Mr. MORAN, Mr. CRAMER, Mr. CASSIDY, Mr. CRUZ, Mr. CRAPO, Mr. SCOTT of Flor- ida, Mr. BOOZMAN, Mr. HAWLEY, Mr. HOEVEN, Mrs. BLACKBURN, Mr. MARSHALL, Mr. RUBIO, Mr. BARRASSO, Mr. THUNE, Mrs. FISCHER, Mr. TUBERVILLE, Mr. SCOTT of South Carolina, Mr. GRAHAM, Mr. MULLIN, Mr. BUDD, Mr. RICKETTS, MR. YOUNG, Ms. LUMMIS, Mr. SCHMITT, Mr. BRAUN, Mr. VANCE, Mr. WICKER, Mr. RISCH, Mr. JOHNSON, Mrs. BRITT, Mrs. CAPITO, Ms. ERNST, Mr. DAINES, Mr. LANKFORD, Mr. LEE, Mr. ROUNDS, and Mr. SULLIVAN) introduced the following bill; which was read the first time FEBRUARY 2, 2023 Read the second time and placed on the calendar 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 VerDate Sep 11 2014 21:46 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S214.PCS S214 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 214 PCS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Constitutional Con- 2 cealed Carry Reciprocity Act of 2023’’. 3 SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN 4 CONCEALED FIREARMS. 5 (a) IN GENERAL.—Chapter 44 of title 18, United 6 States Code, is amended by inserting after section 926C 7 the following: 8 ‘‘§ 926D. Reciprocity for the carrying of certain con- 9 cealed firearms 10 ‘‘(a) IN GENERAL.—Notwithstanding any provision 11 of the law of any State or political subdivision thereof to 12 the contrary— 13 ‘‘(1) an individual who is not prohibited by 14 Federal law from possessing, transporting, shipping, 15 or receiving a firearm, and who is carrying a govern- 16 ment-issued photographic identification document 17 and a valid license or permit which is issued pursu- 18 ant to the law of a State and which permits the indi- 19 vidual to carry a concealed firearm, may possess or 20 carry a concealed handgun (other than a machine- 21 gun or destructive device) that has been shipped or 22 transported in interstate or foreign commerce in any 23 State other than the State of residence of the indi- 24 vidual that— 25 VerDate Sep 11 2014 21:46 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S214.PCS S214 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 214 PCS ‘‘(A) has a statute that allows residents of 1 the State to obtain licenses or permits to carry 2 concealed firearms; or 3 ‘‘(B) does not prohibit the carrying of con- 4 cealed firearms by residents of the State for 5 lawful purposes; and 6 ‘‘(2) an individual who is not prohibited by 7 Federal law from possessing, transporting, shipping, 8 or receiving a firearm, and who is carrying a govern- 9 ment-issued photographic identification document 10 and is entitled and not prohibited from carrying a 11 concealed firearm in the State in which the indi- 12 vidual resides otherwise than as described in para- 13 graph (1), may possess or carry a concealed hand- 14 gun (other than a machinegun or destructive device) 15 that has been shipped or transported in interstate or 16 foreign commerce in any State other than the State 17 of residence of the individual that— 18 ‘‘(A) has a statute that allows residents of 19 the State to obtain licenses or permits to carry 20 concealed firearms; or 21 ‘‘(B) does not prohibit the carrying of con- 22 cealed firearms by residents of the State for 23 lawful purposes. 24 VerDate Sep 11 2014 21:46 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S214.PCS S214 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 214 PCS ‘‘(b) CONDITIONS AND LIMITATIONS.—The posses- 1 sion or carrying of a concealed handgun in a State under 2 this section shall be subject to the same conditions and 3 limitations, except as to eligibility to possess or carry, im- 4 posed by or under Federal or State law or the law of a 5 political subdivision of a State, that apply to the posses- 6 sion or carrying of a concealed handgun by residents of 7 the State or political subdivision who are licensed by the 8 State or political subdivision to do so, or not prohibited 9 by the State from doing so. 10 ‘‘(c) UNRESTRICTED LICENSE OR PERMIT.—In a 11 State that allows the issuing authority for licenses or per- 12 mits to carry concealed firearms to impose restrictions on 13 the carrying of firearms by individual holders of such li- 14 censes or permits, an individual carrying a concealed 15 handgun under this section shall be permitted to carry a 16 concealed handgun according to the same terms author- 17 ized by an unrestricted license of or permit issued to a 18 resident of the State. 19 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec- 20 tion shall be construed to preempt any provision of State 21 law with respect to the issuance of licenses or permits to 22 carry concealed firearms.’’. 23 (b) CLERICAL AMENDMENT.—The table of sections 24 for chapter 44 of title 18, United States Code, is amended 25 VerDate Sep 11 2014 21:46 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S214.PCS S214 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 214 PCS by inserting after the item relating to section 926C the 1 following: 2 ‘‘926D. Reciprocity for the carrying of certain concealed firearms.’’. (c) SEVERABILITY.—Notwithstanding any other pro- 3 vision of this Act, if any provision of this Act, or any 4 amendment made by this Act, or the application of such 5 provision or amendment to any person or circumstance is 6 held to be unconstitutional, this Act and amendments 7 made by this Act and the application of such provision 8 or amendment to other persons or circumstances shall not 9 be affected thereby. 10 (d) EFFECTIVE DATE.—The amendments made by 11 this Act shall take effect 90 days after the date of enact- 12 ment of this Act. 13 VerDate Sep 11 2014 21:46 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S214.PCS S214 pbinns on DSKJLVW7X2PROD with $$_JOB Calendar No. 10 118TH CONGRESS 1ST SESSION S. 214 A BILL To allow reciprocity for the carrying of certain concealed firearms. FEBRUARY 2, 2023 Read the second time and placed on the calendar VerDate Sep 11 2014 21:46 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S214.PCS S214 pbinns on DSKJLVW7X2PROD with $$_JOB

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.