H.R.38: National Concealed Carry Reciprocity Act

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H.R.38: National Concealed Carry Reciprocity Act

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Post by Charles L. Cotton » Mon Jan 01, 2018 9:12 pm

I have attached a copy of the as-passed version of H.R.38, Concealed Carry Reciprocity of 2017 (aka "National Reciprocity Act"). As everyone knows, the NICS Improvement Act was attached to H.R.38. People who are concerned about the false information being spread by so-called "pro gun" groups, bloggers, YouTube channels and others who spread as much fake news as do CNN, MSNBC and others can allay their concerns by reading what the Bill really does, rather than relying upon the unreliable. A brief description of each subject matter covered in the Bill is set out below.

NATIONAL RECIPROCITY:
As you will read, the Act covers all concealed handguns, except machine guns and destructive devices, all magazines, all ammo and all resident and non-resident carry licenses/permits. This is huge folks, absolutely huge!!! It prevents even the arrest of a person who meets the elements of Act. It states that presentation of a license/ID creates prima facie evidence that the licensee is protected by the Act. It creates a civil cause of action against any person or agency that violates a licensee's rights under the Act and includes the ability to recover reasonable attorney fees in addition to actual damages. It authorizes anyone coming within the scope of the Act to carry concealed handguns on all federal property that is open to the public, as well as state property managed by the Army Corp. of Engineers (a list is provided). (This does not include every square foot of federal land and buildings.)

FIX NICS:
Federal agencies As I and others have noted repeatedly, the Fix NICS portion of the Bill does not add one single offense or adjudication to the list of offenses/adjudications that render a person ineligible to possess firearms. It creates incentives for federal agencies to comply with current federal law and report disqualifying offenses/adjudications to the feds. Agencies are required to report their level of compliance and those not meeting requirements are reported to Congress. Obviously, this will impact their funding. The heads of non-compliant federal agencies will not be able to receive bonuses or overtime pay.

States
States are encouraged to report all convictions/adjudications that must be reported under current federal law. Non-complaint states are reported to Congress, but there are no direct monetary sanctions. Federal communications assistance as well as federal grants may be available to states.

BUMP STOCKS
It requires the U.S. Attorney General to determine 1) the number of times a bump stock has been used in a crime; 2) the type guns the bump stocks were installed upon; and 3) whether the criminal use of a bump stock rifle comes under the enhanced sentencing requirements of 18 U.S.C. 924(c)(1)(C)(1) or (D)(1). Everyone knows what the result of inquiry No. 1 will be, so there is little danger that bump-stocks will remain a focal point for gun control in Congress. The BATFE may change its position, but Congress is not likely to get involved. Plus, short-barrel rifles and shotguns could be removed from the NFA anyway.

As you can see from the express language in H.R.38, none of the Chicken Little stories that were being circulated have any basis in fact.

Chas.
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H.R.38 National Reciprocity - 2017.pdf
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Re: H.R.38: National Concealed Carry Reciprocity Act

#2

Post by 1911 Raptor » Mon Jan 01, 2018 9:22 pm

Chas,
Thank you for posting this as I for one am hoping this passes! I should not have to fear being arrested as a law abiding citizen while visiting other states and trying to comply with there laws.


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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by magillapd » Mon Jan 01, 2018 9:29 pm

Thank you for posting this. I hope it passes.
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Re: H.R.38: National Concealed Carry Reciprocity Act

#4

Post by parabelum » Mon Jan 01, 2018 9:31 pm

Thanks for the update and your work on this Chas.

I frequent Vermont quite often, it has always been a pain crossing NY, NJ, MD etc. especially since we would like to stop and spend a night or two upstate without worrying about getting arrested or hassled.
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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by Rex B » Mon Jan 01, 2018 10:03 pm

What is the status - have both House and Senate passed it?
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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by ELB » Mon Jan 01, 2018 10:57 pm

Rex B wrote:What is the status - have both House and Senate passed it?
The House has passed it. The Senate has received it, given it its first reading, and referred it to the Judciary Committee.
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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by C-dub » Mon Jan 01, 2018 11:29 pm

Charles L. Cotton wrote:It authorizes anyone coming within the scope of the Act to carry concealed handguns on all federal property that is open to the public, as well as state property managed by the Army Corp. of Engineers (a list is provided).
Whoa! Does this include Post Offices? Federal property open to the public sounds like it would. I'm also excited about the ACOE stuff. :thumbs2:
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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by ELB » Mon Jan 01, 2018 11:53 pm

C-dub wrote:
Charles L. Cotton wrote:It authorizes anyone coming within the scope of the Act to carry concealed handguns on all federal property that is open to the public, as well as state property managed by the Army Corp. of Engineers (a list is provided).
Whoa! Does this include Post Offices? Federal property open to the public sounds like it would. I'm also excited about the ACOE stuff. :thumbs2:
I don't see anything in the act that would include post offices or any other federal building.

ETA: As far as I can tell this is the complete list of federal property that is covered by the Act:
“(2) A person possessing or carrying a concealed handgun in a State under subsection (a) may do so in any of the following areas in the State that are open to the public:
“(A) A unit of the National Park System.
“(B) A unit of the National Wildlife Refuge System.
“(C) Public land under the jurisdiction of the Bureau of Land Management.
“(D) Land administered and managed by the Army Corps of Engineers.
“(E) Land administered and managed by the Bureau of Reclamation.
“(F) Land administered and managed by the Forest Service.”.
I wonder why they use the term "unit" for NPS and NWRS, as opposed to "land" for all the others but I am betting "unit" does not include buildigns.

On the plus side, GFSZ act doesn't apply to anyone carrying under the Reciprocity Act. Assuming the Senate passes as is.
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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by Vol Texan » Tue Jan 02, 2018 1:23 am

As always, Charles, thanks for keeping us up to date on the important legislation, and for helping clear the air when questions arise.

I hope the Senate acts on this quickly - it would be a MAJOR win for the 2A.
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Re: H.R.38: National Concealed Carry Reciprocity Act

#10

Post by NNT » Tue Jan 02, 2018 2:09 am

As I read it you must be licenced or approved in your home state in order to carry into other states, so nonresident permits are not included?

"or is entitled to carry a concealed
firearm in the State in which the person reside"

Edit- rereading it, it just says issued by a state, not YOUR state. Looks like a California resident could get a Texas ltc and carry in CA?

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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by RoyGBiv » Tue Jan 02, 2018 7:18 am

The million dollar question is..... When will we see some progress in the Senate?

Unfortunately, it appears unlikely that this bill will have enough votes to get past the expected filibuster.

And there's been comments attributed to some R's (Cornyn) about addressing the bills separately in the Senate which would almost certainly leave us with a fixed-NICS, but no reciprocity. On the Senate side, some R's are referring to fix-NICS as the "concensus bill", which sounds like they're throwing in the towel on reciprocity.

What's the reality?
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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by Excaliber » Tue Jan 02, 2018 7:47 am

RoyGBiv wrote:The million dollar question is..... When will we see some progress in the Senate?

Unfortunately, it appears unlikely that this bill will have enough votes to get past the expected filibuster.

And there's been comments attributed to some R's (Cornyn) about addressing the bills separately in the Senate which would almost certainly leave us with a fixed-NICS, but no reciprocity. On the Senate side, some R's are referring to fix-NICS as the "concensus bill", which sounds like they're throwing in the towel on reciprocity.

What's the reality?
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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by anygunanywhere » Tue Jan 02, 2018 9:07 am

Excaliber wrote:
RoyGBiv wrote:The million dollar question is..... When will we see some progress in the Senate?

Unfortunately, it appears unlikely that this bill will have enough votes to get past the expected filibuster.

And there's been comments attributed to some R's (Cornyn) about addressing the bills separately in the Senate which would almost certainly leave us with a fixed-NICS, but no reciprocity. On the Senate side, some R's are referring to fix-NICS as the "concensus bill", which sounds like they're throwing in the towel on reciprocity.

What's the reality?
Mitch's senate is where good bills go to die.
The GOP will save us.
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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by RoyGBiv » Tue Jan 02, 2018 9:22 am

anygunanywhere wrote:The GOP will save us.
That still cracks me up... and brings a tear. :roll:
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Re: H.R.38: National Concealed Carry Reciprocity Act

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Post by Charles L. Cotton » Tue Jan 02, 2018 11:30 am

RoyGBiv wrote:The million dollar question is..... When will we see some progress in the Senate?

Unfortunately, it appears unlikely that this bill will have enough votes to get past the expected filibuster.

And there's been comments attributed to some R's (Cornyn) about addressing the bills separately in the Senate which would almost certainly leave us with a fixed-NICS, but no reciprocity. On the Senate side, some R's are referring to fix-NICS as the "consensus bill", which sounds like they're throwing in the towel on reciprocity.

What's the reality?
The NRA's position is that H.R.38, as passed by the House, must get a vote. We have made that clear and everyone, including our own Sen. Cornyn, knows it. Whether the Democrats will filibuster it and kill Fix NICS that both Republicans and Democrats want is an open question. If they believe that Fix NICS will be passed as a separate bill, then that will embolden them to filibuster. However, the House isn't likely to look too kindly on the Senate splitting its Bill.

It's most definitely an uphill battle, but it's a battle we must wage. It's time for everyone to call and write their Senators, including Cornyn, and emphatically but politely demand that the Senate not merely vote on H.R.38 as it stands now, but that it pass H.R.38. My personal view is that splitting Fix NICS from National Reciprocity is selling out law-abiding gun owners. This self-defense bill is so important to Americans that Republicans should not allow a filibuster to kill it. Let the filibuster shut down the Senate until Democrats finally run out of gas or violate Senate rules, then pass H.R.38. Not passing H.R.38 is as bad and as insulting as the Texas Legislature not removing all off-limits areas for LTC's, the most law-abiding of Texans. The right to preserve one's life should not be subject to geographic boundaries.

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