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