Rep. Hudson Introduces National Concealed Carry Reciprocity Bill

By David Codrea

screenhunter_09-jan-04-18-14
This time, Republicans have no credible excuse for not passing national concealed carry reciprocity. If you agree, you must make your voice heard. [Photo: Richard Hudson/Facebook]
USA – -(Ammoland.com)- H.R.38, 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,” was introduced Tuesday by North Carolina Rep. Richard Hudson. The bill was referred to the House Judiciary Committee for further action.

“It will provide law-abiding citizens the right to conceal carry without worrying about conflicting state codes or onerous civil suits,” Hudson, a member of President-elect Donald Trump's Second Amendment Coaltion noted. “[It will ensure] our Second Amendment right doesn’t disappear when we cross state lines.”

Also known by its short title, the “Concealed Carry Reciprocity Act of 2017,’’ the text of the bill, available as a pdf file on Rep. Hudson’s official House website, will codify that a person “carrying 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 or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun … in any State that …. has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or … does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.

“A person who carries or possesses a concealed handgun … may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for by this section,” the bill elaborates. It also provides for “damages or other appropriate relief” for “[a] person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State. Left intact would be state-specific prohibitions and restrictions on private and state properties.

The National Rifle Assosciation was quick to weigh in with strong support.

“Congressman Hudson’s legislation provides a much needed solution to a real problem for law-abiding gun owners,” Insititute for Legislative Action executive director Chris Cox said.

“The Hudson bill would ensure that victims of crime like Pennsylvania concealed carry holder Shaneen Allen do not face decades of imprisonment, merely because they took an erroneous turn into another state,” Erich Pratt, executive director of Gun Owners of America stated in announcing GOA’s “strong support” for the legislation. “This legislation would simplify the puzzling variation of concealed carry across the states and make America safer by letting citizens defend themselves while they travel.”

This is not Hudson’s first attempt at passing such a bill. A similar effort from 2015 was introduced and died without being enacted. With Republicans enjoying majorities in the House and Senate, and with Donald Trump ready to assume the presidency, all strongly enabled by gun owner support, all excuses for not passing the bill this time will ring hollow. But your help is needed.

Understanding that some politicians will still need to be motivated, readers here can get involved by contacting their representatives – at least the ones worth contacting – and letting them know their support and co-sponsorship are expected.  This can be done either via their official web pages, or, as more constituents are using, via their social media feeds (such as the way I put my congressman on notice on Twitter). And for those living in districts or states where the representatives are enemies of the right to keep and bear arms, there’s nothing stopping you from contacting representatives in other states who are amenable to being persuaded (and a good indicator for that is their GOA grade).

Also see: AmmoLand Concealed Carry Reciprocity posts


UPDATE:

Rep. Richard Hudson (R., N.C.) clarified on Wednesday that his national concealed carry reciprocity bill would apply to permits issued by states to non-residents. [More]

David Codrea in his natural habitat.

About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun rights advocate who defiantly challenges the folly of citizen disarmament.

In addition to being a field editor/columnist at GUNS Magazine and associate editor for Oath Keepers, he blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.

  • 47 thoughts on “Rep. Hudson Introduces National Concealed Carry Reciprocity Bill

    1. How would this work traveling to a may issue State such as NJ where practically no one gets a carry permit . Would they still be required to allow an out of state ccw holder to Carry in NJ ?

      1. If I’m not mistaken every state would have to recognize a valid conceal Permit you would be good in all state that have conceal carry even if the state may be a may issue state.

        So if you live in New Jersey and you get a non-resident permit from say Florida or Arizona who issue permits to non residents you would be just fine they would have to recognize it. I believe that’s what a big part of the law was about . For instance if you have a CCW from 1 state and you move to another you would not need to apply for another CCW in your new state so long as your Current CCW permit was valid. You might wanna double check if it passes But that’s my understanding of the law.

        You might wanna hurry up and start to apply for a Florida or Arizona CCW before the Law passes and everybody else starts applying for it and there is a back log on their permits.
        If you Basically take an NRA shooting course or a hunting safety course and send a copy of a hunter safety card from your home state or NRA class Training Certificate that generally satisfies the training requirements for the permit in both States. The Good thing about Florida CCW it is good for 7 years.
        Here are the Links
        Florida CCW Permit
        http://www.freshfromflorida.com/Divisions-Offices/Licensing/Concealed-Weapon-License
        Arizona CCW Permit
        http://www.azdps.gov/services/concealed_weapons/permits/obtain/

        Good luck with everything.

        1. He’s right, apply now because of the backlog. I submitted my application last March and finally got my license in September.

          The backlog and wait time will only get longer.

          1. As A Veteran I submitted My Flordia application On Dec 23. I checked my Tracking Number It Got Approved Jan 5.I guess I’m lucky they Rush Veterans Applications if you send your discharge paperwork in. They will approve a veterans application within 30 days.

      2. ALL the states allow concealed carry and issue licenses. {Vermont is the sole exception, they don’t issue a license] Some states honor all other licenses [KS, MO, etc] but do not issue a non-resident license. MO and KS do issue to based military]
        Some states, Kansas included used to require a KS CCHL for Kansas residents, an out of state license was not valid for a KS resident. That is moot now because no license is required for anyone who is not prohibited by other law. Open carry fro 18-21, 21 and over can open or concealed carry.
        Whether NJ or IL will honor a FL license held by a resident is a question with an unknown answer. It might be resolved when the law is written or by a court later.

        1. Oregon, California, New Jersey do not issue Mother May I Cards to non-residents excepting for Oregon which MAY issue (usually do in most counties) carry licenses to residents of contiguous states.

    2. The wording doesn’t cover Constitutional carry, i.e. for Arizona residents who choose NOT to apply for permission to exercise a Right. Until the reciprocity is COMPLETE reciprocity, I don ‘t support this.
      -MM

      1. And as long as you and others like you wait for that we’ll never get anywhere. That’s not going to happen, period. This is the best shot we’ve ever had and you’re stubbornly going to sit there and say “give me everything I want or I’ll just take nothing and the hell with the millions who will keep on suffering because of it”. Really smart move.

        1. @Vanns, I agree that we must push, now to get back to the Constitution. This is the best shot that we have ever had, in our life times. No Second Amendment, No Second Term.

      2. Increments.
        The enemy has been taking our freedom a slice at a time for generations.
        We can take it back the same way.

      3. I think it does. One thing they forgot to include was Post Office carry in public areas.
        From the PDF
        ‘‘(a) Notwithstanding any provision of the law of any
        9 State or political subdivision thereof (except as provided
        10 in subsection (b)) and subject only to the requirements
        11 of this section, a person who is not prohibited by Federal
        12 law from possessing, transporting, shipping, or receiving
        13 a firearm, who is carrying a valid identification document
        14 containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant
        16 to the law of a State and which permits the person to
        17 carry a concealed firearm or is entitled to carry a con18
        cealed firearm in the State in which the person resides,
        19 may possess or carry a concealed handgun (other than a
        20 machinegun or destructive device) that has been shipped
        21 or transported in interstate or foreign commerce, in any
        22 State that—
        23 ‘‘(1) has a statute under which residents of the
        24 State may apply for a license or permit to carry a
        25 concealed firearm; or
        ‘‘(f)(1) A person who possesses or carries a concealed
        7 handgun under subsection (a) shall not be subject to the
        8 prohibitions of section 922(q) with respect to that hand9
        gun.
        10 ‘‘(2) A person possessing or carrying a concealed
        11 handgun in a State under subsection (a) may do so in
        12 any of the following areas in the State that are open to
        13 the public:
        14 ‘‘(A) A unit of the National Park System.
        15 ‘‘(B) A unit of the National Wildlife Refuge
        16 System.
        17 ‘‘(C) Public land under the jurisdiction of the
        18 Bureau of Land Management.
        19 ‘‘(D) Land administered and managed by the
        20 Army Corps of Engineers.
        21 ‘‘(E) Land administered and managed by the
        22 Bureau of Reclamation.’’.

      4. Constitutional Carry would be a separate bill for Congress to consider. People in Arizona, Vermont and the many other states with permitless concealed carry can apply for any available non-resident CCW permit and get 50 state rights. 6 states offer CCW by mail to non-residents. If this becomes law, the states that do not require a permit could easily offer a shall issue permit that would have 50 state reciprocity.

    3. This Bill has serious flaws and some of us have tried to address them with the powers that be (intentionally unnamed). Let’s start with: It does not apply or cover D.C. or any territory or possession. It does nothing for any citizen who resides in a State where it is virtually impossible to obtain a permit; NJ, NY, HI and others, who’s is one of the requirements. It offers no process for piercing the sovereign immunity, in the courtroom, of the prosecutor, arresting police officer or judge who says “well Mr. Jones, technically you are right, but here in New Joisey we don’t take kindly to out of staters waltzing in with guns so, too bad you spent three weeks in jail, lost your job, home and guns and spent tens of thousands for me to finally rule on this but I guess it just sucks to be you!”. “And oh, by the way, everyone in my court has immunity, see you later”.

      This Bill is badly flawed, the author AND, far more importantly, the grassroots group in North Carolina should have been all over this to try and get it straightened out. I’m amazed they weren’t.

      1. The bill covers any permit. If you live in NY or NJ etc. All you need is a non-res from another state. Re-read the bill.

    4. There is only one law, actually a decision by the federal courts, that will finally rein in these blue state laws, namely a clear and unambiguous decision by the federal courts that establishes that US citizens have an individual, Constitutional, federal, civil right to possess firearms, including the right to carry such arms, absent a criminal intent, and that individual states may not enact such regulations that make it so burdensome and onerous to exercise this right that the right is effectively nullified by the state. States that refuse to comply will lose all federal funding and individuals in state government who deny this right to US citizens will be prosecuted for civil rights violations. To get that ruling Congress needs to pass a law stating the above and then US DOJ must be ready to defend it in court. Anything less than this is a patchwork waste of time.

      1. One slight correction; “any State that challenges the above law will immediately trigger a loss of Frederal funding”. Without that the States will tie this up in law suits forever. Can that be inserted, yes it can.

    5. We don’t need this bill! What we need is a bill that states that no Federal government, no local or state government can place any restriction on our Second Amendment Rights to carry a gun. That would do away with all the permits and all this state by state bull!

    6. I live in Maryland. Had a permit only to have it taken
      away. They said I didn’t need it anymore. I sued the State, won my case, only to have
      It appealed to the 4th circuit where they put a stay
      on the case.

      I have cancer now. I have to travel to Baltimore &
      other places for treatments,without the physical capibility to run
      away or protect my wife or myself.

      The law is something we have needed for a long
      time, but it will not help me or others in the least in the Great
      State of Maryland

      1. This Bill will NOT help you. Under this Bill you must have a home State permit. If you are a resident of Maryland you must have a Maryland permit, THEN it would, theoretically, be good in all other States. That still would not stop bad actors from arresting you.

    7. I appreciate some of the concerns with how this bill reads.
      But isn’t it a step in the right direction? It can always be expanded later.
      Using gun grabber tactics. Instead of taking a huge bite, but nibble away at the issue.

      1. Once this is passed, as written, it will cause mass confusion and could cause countless numbers to be arrested. Not to mention that “fixing” it later will take years. Doing it right now literally takes the insertion of approximately three or four sentences and the deletion of two.

        1. It is a draft bill, there will be public hearings. I called Congressman Hudson’s DC office a few minutes ago and said I support the bill but want public areas of Post Offices included and the GFSZ law amended to allow actual discharge in lawful self-defense .

          The confusion is mostly in your mind.

          12 ‘‘(c)(1) A person who carries or possesses a concealed
          13 handgun in accordance with subsections (a) and (b) may
          14 not be arrested

      2. I also struggle with the all or nothing approach on 2A legislation. I get the constitutional perspective of no restrictions but Im not thinking its realistic in this day and age. I think we support the bill, make suggestions on wording changes as thats part of the process. Our rights were stripped in a step by step process, so I see getting them back as a series of steps.

        Ideally CC wouldnt require any permit like in AZ but even they register you for a CC with extra benefits over the standard CC requirements.

    8. Tell me how to get a permit in Maryland. I got the original
      because I was attacked. Only to have it taken away
      because they said I didn’t need it anymore.

      1. @Ray W. Which bureaucrat decided what you need? Time to leave Faryland because its government has a strangle hold on you and its bureaucracy is what the Germans call der uberclusterfuken. I am not sure about the spelling. I did not learn to spell in German.

      2. a non resident Mother May I Card from another state like Florida should get you clear to carry in every state but yuor own, and moist likely there too. Maryland would have to honour Florida’s ticket.

    9. Tell me how to get a permit in Maryland. I got the original
      because I was attacked. Only to have it taken away
      because they said I didn’t need it anymore.

    10. I live in commiefornia and have been waiting to apply for a CC permit. I heard once they turn you down it’s almost impossible to get one. Someone outside of this west communist state needs to put them in their place. Threaten them with taking money away might work. The only thing they like more than controlling the population is wasting their money! I can’t believe they keep winning elections! Who is voting for them? No one I know…..

    11. You have the capability to make this law available
      to all Americans. You have the Presidency and
      Congress that will work with you. Use it

      1. Ray, what threat to your life allowed you to aquire a permit before & who decided & why did they decide that the threat was no longer viable? To me, the fact that because of health reasons (as you stated) doesn’t permit you to leave this state, in itself would give you reason to fear for your life & a need for a CCP. If you can’t travel, how can you physically defend yourself?
        May may need to talk to a 2A KNOWLEDGEABLE lawyer! To put it b luntly…this is BS for you.

    12. If a concealed carry reciprocity act passes as a Federal law, do you trust the federal lawmakers not to change or add anti gun conditions in future years. I do not trust the federal representative and senate bodies not to place more restrictions if the law passes. I don’t know a good alternative but supporting a reciprocity law might lead to a disaster for 2nd supporters.

      1. DO YOU think that without this or a similar [better] reciprocity law the government couldn’t pass a really evil law to confiscate all the guns except $20,000 single shot trap gun with 34 inch barrels?

        This law would be a good step toward carry for everybody who is an honest citizen. Even if it turns out that residents of CA, NJ, CT, MD, MA who can’t get a state carry license can’t carry in their state of residence, those of us who live in a free state ad need to travel to IL or NJ to see childhood friends or family can carry. And that will raise the pressure on NJ residents to change their law to true “shall issue” and eventually to constitutional carry.

        Has to begin somewhere. This is a good bill to start with.

    13. I understand those folks who are concerned about Federal over reach. Ditto those who would rather see national Constitutional carry implemented. However, I’d ask the question: If this law passes, would we be further along towards regaining firearms rights, or not?

      Right now there is a hodge podge patchwork of carrying across state lines. I live in WI on the border with MN. MN is very restrictive on whose CC license they recognize. I travel to Kansas and Missouri several times a year, as well as out to Virginia.

      In virtually all these cases, I have to either lock my firearm in the trunk when I cross state lines, or leave it at home, esp if I’m traveling through the NE.

      I understand that there are flaws in the law…no law is perfect. I also understand it may not go far enough for some. But, it seems to me that you eat the elephant one bite at a time, not all at once.

      Be safe, and happy, safe gunning in 2017, all!

      1. This issue was settled over 200 yrs ago with the 2nd amendment . How did that work ? People elect the same politicians who deny your rights you already have . I read New Jersey a lot As example . Rightly so . Ian from nj and left to va over a year ago . Gun rights being a big part of that decision but not alone the deciding factor . When ever a gun issue comes up you may get 50 people to go to the state house . NJ must have 100’s of thousand of gun owners yet you get 50 people fighting for their rights . That is the problem we already have the right but bow to those that say we do not ! Get off your butt and vote these liberals out . Things will change instantly .

        1. The issue wasn’t settled until 2008 and 2010, with HELLER and McDonald The Second Amendment isn’t a law, it is a constitutional framework. Until recently the states were free to do their own, often twisted was with the law.
          State Supreme Courts often bow to local politics and ignore the Constitution. It takes laws to enforce the Constitution.

      1. ‘‘(2) The term ‘handgun’ includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine.”

        ANY , includes and would seem to supersede a state law against HP, 50 caliber, or 17 round magazines.

    14. This bill clearly will not help millions of people that live in may-issue/never-issue counties.
      It’s a pathetic response from all 2nd amendment organizations.
      The bill at least should state residents that reside in may-issue/no-issue counties that hold an out of state concealed carry permit, will be granted conceal carry rights within the county they live in or something to that extent.

    15. Read the Bill. If you live in a May-Issue State and have a
      Non
      Resident handgun permit, this bill will not help you. The bill
      needs to be changed. Millions will not be able to carry.

    Leave a Reply

    Your email address will not be published. Required fields are marked *