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Concealed Carry Reciprocity introduced in the House
Posted: Tue Feb 22, 2011 6:36 pm
by Ashlar
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HR 822: Concealed Carry Reciprocity Bill Introduced (Updated)
Rep. Cliff Stearns (R-FL) introduced HR 822 on Friday. It is:
To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.
...
UPDATE: Thanks to Paul Flusche of Congressman Cliff Stearn's office we have the text of the bill. After a quick reading of the bill, I'd see this is a pretty good bill. If a state issues a concealed carry permit, then your CCW is good there subject to the rules for an unrestricted CCW. For example, if your home state allows you to carry in a place that serves alcohol but you are in North Carolina which doesn't, you have to abide by the NC CHP regulations.
Looks interesting.
Re: Concealed Carry Reciprocity introduced in the House
Posted: Tue Feb 22, 2011 6:39 pm
by Beiruty
Does it mean you would be able to carry in NY state with your CHL even if there is no Recipro with TX?
Re: Concealed Carry Reciprocity introduced in the House
Posted: Tue Feb 22, 2011 6:44 pm
by C-dub
It sure sounds like it. Wouldn't that be a kicker. They barely issues unrestricted licenses in their own state, so if a bunch of Texans went there on vacation we might outnumber them.
Re: Concealed Carry Reciprocity introduced in the House
Posted: Tue Feb 22, 2011 7:03 pm
by RoyGBiv
This would be exciting except that in the unlikely event it passes the Senate, BHO will never sign it.
The way I read it is that if you have a CHL in your home state, then every other state that allows concealed carry must honor your permit (assuming it meets some minimum standard?).....
The biggest impact would be in forcing "May Issue" states like NY and CA to honor permits from out of state. WI, IL and DC would become the only places off limits, since they do not have any civilian concealed carry at all... However, since WI allows OC without a permit, maybe there's hope for WI...
SEC. 3. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:
‘‘§ 926D. Reciprocity for the carrying of certain concealed firearms‘‘
(a) Notwithstanding any provision of the law of any State or political subdivision thereof, related to the carrying or transportation of firearms, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm, may carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State, other than the State of residence of the person, that—
‘‘(1) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or
‘‘(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.
It's rare that these days that I'm tempted to favor a new abuse of the commerce clause...
Re: Concealed Carry Reciprocity introduced in the House
Posted: Tue Feb 22, 2011 9:27 pm
by Liberty
don't count Obama completely out.
He is responsible for causing the biggest push in history for causing Americans to buy and store more guns and ammo than any other befor him. His has been a wonderful salesman for the gun industry. He also has signed all progun legislation that has crossed his desk. ( 2 Bills that I can think of)
Most of us are savvy enough not to take any politician at his word, and judge a president by his actions.
I enough force is applied even pigs can fly. Perhaps Obama is looking for an NRA 'A' rating.
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see pig in a trebechett
Re: Concealed Carry Reciprocity introduced in the House
Posted: Tue Feb 22, 2011 10:31 pm
by RoyGBiv
That is not a Trebuchet...
This:
Poor piggy...
Re: Concealed Carry Reciprocity introduced in the House
Posted: Tue Feb 22, 2011 10:46 pm
by Beiruty
last year same measure failed on a vote, no?
Re: Concealed Carry Reciprocity introduced in the House
Posted: Tue Feb 22, 2011 11:06 pm
by Ashlar
Well, the Thune measure was introduced in 2009, and failed by one or two votes-- though there was a rumor that some of the support was predicated on the fact that there weren't enough votes- ie, some wanted to appear to be pro-second amendment, and a vote that they knew wouldn't pass was an easy way to score a +1 on an NRA score card.
Re: Concealed Carry Reciprocity introduced in the House
Posted: Wed Feb 23, 2011 7:39 am
by b322da
RoyGBiv wrote:SNIP It's rare that these days that I'm tempted to favor a new abuse of the commerce clause...
Just be sure your handgun was not manufactured in Texas if you bought it there as the first purchaser.
Congress is not noted for limiting the application of a law to items which have
actually been in interstate commerce.
Elmo
Re: Concealed Carry Reciprocity introduced in the House
Posted: Thu Feb 24, 2011 4:38 pm
by steveincowtown
I think the reality is that a Nationwide Concealed Carry Bill, while it may look good on paper, is a pretty bad idea. Though it may never happen, what we need is more case law that establishes the 2nd amendment is meant to protect an individual’s right to bear arms. By setting the precedent that the Federal Government has the ability to make a law that “allows” us to conceal carry, I think we may be saying that the Federal Government also has the right to disallow concealed carry in the future…no matter what state you live in.
Re: Concealed Carry Reciprocity introduced in the House
Posted: Thu Feb 24, 2011 7:00 pm
by Dave2
steveincowtown wrote:I think the reality is that a Nationwide Concealed Carry Bill, while it may look good on paper, is a pretty bad idea. Though it may never happen, what we need is more case law that establishes the 2nd amendment is meant to protect an individual’s right to bear arms. By setting the precedent that the Federal Government has the ability to make a law that “allows” us to conceal carry, I think we may be saying that the Federal Government also has the right to disallow concealed carry in the future…no matter what state you live in.
From what I understand, the law doesn't have anything to do with who can carry -- it merely puts CHLs on par with driver's & marriage licenses and requires states to honor them even if they were issued in a different state. If that's all there is to it, I think I'm in favor of it. I think. Maybe. It depends on how the details are handled.
CA will have three pregnant cows if they're forced to honor licenses that are issued without the proper re-ellection campaign contributions being made, but they already have to honor my driver's license. Why should my CHL be different? (Seriously, I'm asking)
Re: Concealed Carry Reciprocity introduced in the House
Posted: Thu Feb 24, 2011 10:33 pm
by srothstein
I am opposed to this bill for the same reason I opposed LEOSA. It is an abuse of the commerce clause.
But, since LEOSA has proven that this clause is acceptable, I see no alternative but to support it and try my best to help get it passed. And I strongly suggest that all CHL's in the country call in the debt owed by police officers for their help getting LEOSA passed.
I did want to point out that this puts CHL's just a little higher than driver's licenses. Consider it like a small step up from that. If you have a DL, you are bound by its restrictions, but you are also bound by the restrictions the state you are driving in might place on it. The CHL gives you the equivalent of an unrestricted license.
This is like a person with a provisional DL from PA (a 15 year old) where he might be allowed to drive until midnight coming to Texas where it would be restricted to 7 pm. He could drive until midnight because of the way the bill is worded.
It also means that a state like NY that has several different classes of CHL (from what I hear) would have to treat your Texas CHL as the same as their unrestricted or top license. That could really help us.
Re: Concealed Carry Reciprocity introduced in the House
Posted: Fri Feb 25, 2011 12:10 am
by cbr600
deleted
Re: Concealed Carry Reciprocity introduced in the House
Posted: Fri Feb 25, 2011 5:48 am
by Elza
srothstein wrote: And I strongly suggest that all CHL's in the country call in the debt owed by police officers for their help getting LEOSA passed.
Good luck with that!
<crickets>
Re: Concealed Carry Reciprocity introduced in the House
Posted: Fri Feb 25, 2011 8:25 am
by RoyGBiv
Elza wrote:<crickets>
