National Reciprocity Bill in Senate: What are the Prospects?

By Dean Weingarten

 

Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)-On Saturday, 25 February, 2017, Senator John Cornyn (R) Texas announced that he will introduce the Constitutional Concealed Carry Reciprocity Act in the Senate this week.  From the dailycaller.com:

Texas Republican Sen. John Cornyn announced Saturday at the general meeting of the Texas State Rifle Association in Austin that he will introduce the Constitutional Concealed Carry Reciprocity Act in the upper chamber next week.

The bill is said to mirror H.R. 38, in the House of Representatives.

A similar national reciprocity bill was put forward by Senator Cornyn in 2013. It came within 3 votes of overcoming the Senate fillibuster.  57 senators voted for it, 43 against it.  After the 2016 election, that number should have switched to 58, assuming that all Republicans vote for the bill, and all Democrats who voter for it before will still vote for it.  The Democrats who voted for it in 2013 are:

Joe Donnelly of Indiana

Jon Tester of Montana

Tom Udall of New Mexico

Martin Heinrich of New Mexico

Mark Warner of Virginia

Joe Manchin of West Virginia

Those senators are all still in office.

33 senators voted against it, and are still in office. The turnover of 10 senators who voted against the bill from 2013 to2017,  only switches one vote with clarity.  Of the 33 who are still in office, five are up for election in 2018, in states that Trump won.  Those five senators are from states with large numbers of concealed carry permits. One, Missouri, is now a Constitutional carry state, which means that everyone who votes in Missouri, over the age of 20, is now a potential legal gun carrier.  The numbers of permit holders in those states has increased from those listed below:

Bill Nelson, Florida Over – 1,400,000 resident permits in Florida.  All are voters.

Claire McCaskill, Missouri – Over 171,000 permits, potentially all voters over 20.

Sherrod Brown, Ohio Over – 574,000 permits in Ohio. All are voters.

Bob Casey, Pennsylvania Over – 1,000,000 permits in the state. All are voters.

Tammy Baldwin, Wisconsin, over 240,000 permits in the state. All are voters.

It is reasonable to believe that in 2013, the Obama administration lobbied hard against the national reciprocity bill.  In 2017, it is reasonable to believe that the Trump administration will lobby hard in favor of it.  National reciprocity was one of the pillars of the Donald Trump campaign.

Will they be able to switch two votes to overcome the 60 vote filibuster barrier? It looks to be eminently plausible.

The only reason to vote against the bill is purely ideological. Why would Senator Bill Nelson of Florida want to prevent 1.4 million voters in his state from being able to carry in other states?  Permit holders from other states can already carry in Florida. The same is true in Ohio, Missouri, and Wisconsin. Pennsylvania honors permits from 25 other states.

Tammy Baldwin of Wisconsin is an extreme ideologue.  I do not expect her to switch.  I am not so certain about the other four.  Perhaps readers with more information can comment on Bill Nelson, Claire McCaskill, Sherrod Brown,and Bob Casey.

Only two senators have to flip to pass national reciprocity over the 60 vote filibuster barrier.

I predict that we will obtain national reciprocity under the Trump administration.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 30 thoughts on “National Reciprocity Bill in Senate: What are the Prospects?

    1. Good morning I live Paris, TN. I and my family are avid gun enthusiasts and all carry legally of course with permits. Living in TN everyone has fire arms pretty normal here. I hope someday that they see the light someday and grant us our God given right to bear arms for protection and to enjoy our hobby of fire arms. I travel north a lot to NY and feel cheated that the moment I pass certain state borders my rights are violated and I am unable to protect myself and others. I truly believe that if the reciprocity bill passes The Senate that this may help the crime rate drop. I guess we can only hope and pray that Chuck Shumer & Mr. Bloomberg are not the deciding factor. Yes we the people are.
      Best regards
      Mark
      Paris TN Land of The Free

    2. I live in Texas. On 01 Jan2016, Gov Greg Abbot signed into law the Open Carry. Giving us Texans the right to carry openly. You should see the looks of state troopers, deputies and the like when a citizen like myself is carrying (open) in a holster my favorite 1911 .38 Super with two extra mags. they look in disfelif like saying to themselves ” we can look, but we can’t touch” I had a comment by one of them that came to my table at Jack in the Box and said he liked my 1911.

    3. I live in Pa. and have been a gun enthusiast for a half a century. I have a CCW permit and support the NRA and national reciprocity. I really am not sure how effective it will be when passed and I will tell you why. My permit states that I can carry in the state of Pa. anywhere but those areas that it is illegal to IE schools, government buildings etc. But guess what. If I carry in Philadelphia, which I believe is still in Pa. I will have my weapon taken and possibly be arrested for being a lawful citizen. You may not believe this but I have spoken to several ATF agents and have said that this is correct,. If stopped for any reason or a policeman sees a weapon on your person it will be confiscated and you will never see it again… A few of the ATF agents won’t even carry on their off duty hours in the city of brotherly love./I can find no reason for this and have been warned to leave my gun at home when going there As unbelievable as this is I for one am not taking any chances. U just refuse to take my family to or through Philly.

    4. Mark Gander Paris, TN Land of the free

      It wont be long looks like the bill will pass. Long overdue. A shame that someone can dictate how one protects himself. At least in TN our state gives us the right to bear arms. Most of us like myself carry our weapons at all times. I find it to be a privilege to carry one. I consider myself to be a extremely trained individual with all handguns and rifles alike. Our family has our own range at which we practice and run tactical drills in case and emergency may come about. I would come to the aid of law enforcement and any citizen if needed. YesI
      Iam gun enthusiast and darn proud of it along with living in the great state of TN. Yes I was born and lived in NY and resided for some time. The best decision I ever made was to leave that horrible communist state of NY. Happy Holidays

    5. The Anit-gun states brought this on themselves, and I agree there are hypocrites on both sides of the argument. The anti-gunner’s truly believe the only reason their unconstitutional laws don’t work is because of gun friendly states, next part gets good, so they take the position since those states are the problem the federal govt needs to step in. What about states rights? So not the tables are turned they’re crying states rights you can’t state rights. X amendment, The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Now the bill is crafted perfectly (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress.[1] It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause,[2] and the Indian Commerce Clause.

      Congress is well within the limits to exercise it’s art 1 sec 8 power. being that firearms do fall within the scope of the ICC.

      An example of federal intrusion if congress passed a law directing states to issue CCW’s, one of the key factors is the federal government would need to commandeer state actors against their will and impose criminal sections for violations vs. withholding funding to gain compliance. The anti gun stats could have prevented the need for this by 1. changing from a may issue to a shall issue, and set up a non-resident permit scheme. One by one their draconian laws will fall, main reason I would make 1 show in court how many ccw holders went out and committed murder, how many applied for ccw’s denied ended getting a gun and committing a murder, how many gang bangers have ccw’s

      We all know they truth the anti gunners will say anything because they believe citizen’s shouldn’t have guns.

    6. Just to dispel a common notion, NOT ALL of us residing in The People’s Republic of New York State, are “Anti-Gun”! I have been a firearm enthusiast, since my days in the Boy Scouts (where incidentally, I was taught the CORRECT & SAFE handling of firearms), and through my interest in anything “gun-related”, have over the years, met MANY gun enthusiasts here in NY State. I also happen to live in Westchester County, .. very near the “belly of the beast” (NY City), and can tell you first-hand, that I’m FAR FROM being alone here, in my love if guns. MANY, MANY, pro-gunners live among us, both here in the outlying suburbs, and in the confines of NYC, as well. Unfortunately, as a previous commenter stated, the deliberate proliferation of misinformation, by both local Liberal, Democrat, and RINO politicians AS WELL AS, dishonest local media outlets, contribute to the dumbing-down of the community at large, resulting in an OVERWHELMING anti-gun sentiment, here in the NYC Metro area. And, as also previously commented on, the shear numbers of misinformed voters here in the metro area, far outweigh those of the largely pro-gun areas of the state (ie: almost EVERYONE north of Westchester & Rockland Counties!). This combination, not only prevents the good people of New York State to fully exercise their 2nd Amendment Right, but also leads to the remainder of the country believing that ALL NY State & NY City residents, are of the same, anti-gun, beliefs. Trust me, my fellow patriots, .. NOTHING could be further from the truth! .. Unfortunately, you’ll never hear THIS from mainstream media outlets.

    7. To my friends in the Communist states of NJ,NY, HI, etc (With my sympathies!)

      Look, there is only so much the federal government can do to override the stupidity of your communist utopias! Reciprocity protects the rights of those from states that have actually read the constitution from illegal arrest in the fetid cesspools that almost universally have ridiculous gun laws! Don’t like it? vote them out! Call for recalls, protest their town halls whatever! That seems to be the tack of the liberal left right now and do you know why? Because they’re losing and they know it! States DO have the right to internal governance but YOU elect your government! If you don’t like your current state laws, then vote them out! Organize! Push back! To quote Steve Bannon: “They will not give you your country back willingly! It is a fight every day!”

      1. Most of the counties of New York votes for gun rights but the problem is NYC. They over whelm the votes by 11 to 1 democrats. Lord knows I try but the liberal media here in NY let these senators lie about anything and not fact check them when it comes to guns. They bring up illegal gun violence into the mix when we are talking about law abiding citizens. Most of NYC is clueless about firearms and are told if you have a gun then you must be a bad person.

      2. I am a resident of NJ and I WISH the draconian gun laws of my state be overridden by a Federal law that allows me to carry. There is no legal path to concealed carry in the people’s republic of NJ. that MUST change, or overridden by a federal law.

    8. It still may not till “18” as the left keep shooting themselves in their own feet and more of them get replaced. And we can’t forget the RINOs that hate Trump, we can not count on all the votes from the right as they will vote against Trump on anything!

    9. MIke, if they do charge you to make a point ou can sue for infringement of you constitutional rights in Fed court.

      Bingo………….. there’s you’re $3M house boat and Ferrari

      with the financial shape Ca is in they won’t try it too many times

    10. Even if this passes, how many will be arrested and charged in CA, NY, NJ, MA, or CT anyway, just to make a point? Isn’t it interesting how those who are for and against State’s Rights will flip-flop and pick and choose which side of a given issue they are on, based on convenience? Abortion, gun rights, 1st Amendment, immigration, marijuana, voter ID, right to work, gay marriage, what a bunch of hypocrites on both sides. The courts and the citizens are willing twist the 10th Amendment and Article 4 Section 1 to suit their particular agenda’s, with no consistency whatsoever.

    11. I posted a link to the bill here however I think it needs to be approved before the official posting.
      Hopefully it will make it through soon.

      As mentioned in my original post, the Senator Cornyn ‘‘Constitutional Concealed Carry Reciprocity Act of 2017’’ bill currently does not mirror Senator Hundson’s H.R 38.

      The general consensus below was captured from the “truth about guns” site.

      (1) Constitutional Carry residents need a license. There’s no safe harbor for Constitutional Carry in the Senate bill. If you’re a resident of a Constitutional Carry state, and you want to carry in a different state, you do have to get a license. Now, it doesn’t require those residents to obtain a license from their home state –residents of the original Constitutional Carry state, Vermont, will be okay if they get a license from Utah or other non-resident friendly locale under the Senate version.

      (2) This isn’t the bill California and New Jersey gun owners were hoping for. Rep. Hudson’s bill was very carefully worded in residency-neutral language to allow the possibility that ordinary citizens behind the lead curtain in places like California, New Jersey or Hawaii that only issue carry licenses to the connected and wealthy.

      Contact your local representatives to request the changes to match H.R 38.

    12. You can read the bill here.
      http://freebeacon.com/wp-content/uploads/2017/03/ALB17194.pdf

      S.466 bill currently does not mirror h.r 38.

      The general consensus is the follow grabbed from “truth about guns” site.

      (1) Constitutional Carry residents need a license. There’s no safe harbor for Constitutional Carry in the Senate bill. If you’re a resident of a Constitutional Carry state, and you want to carry in a different state, you do have to get a license. Now, it doesn’t require those residents to obtain a license from their home state –residents of the original Constitutional Carry state, Vermont, will be okay if they get a license from Utah or other non-resident friendly locale under the Senate version.

      (2) This isn’t the bill california and New Jersey gun owners were hoping for. Rep. Hudson’s bill was very carefully worded in residency-neutral language to allow the possibility that ordinary citizens behind the lead curtain in places like california, New Jersey or Hawaii that only issue carry licenses to the connected and wealthy.

      Contact your representatives to request the changes to match.

      1. Fb,

        So what you are saying in your post, is that all visitors to New Jersey with a CCW from another state will have the legal right to carry in New Jersey, but the law abiding citizens of the state who have a Florida or Utah CCW, CAN NOT carry in NJ..?

        We’re not sure President Trump, who has stated, “that our 2nd amendment rights to defend ourselves should not stop at the end of our driveways” would actually sign such a stupid bill into law…

      2. Fortunately, you’re wrong. This bill recognizes the right to carry weapons without a permit if an individual resides in CCS. This document establishes that a person must either 1) have a CCW or 2) be entitled and not prohibited from CC in the State in which the individual resides otherwise than as described in paragraph (1). So if your home state does not prohibit unlicensed CC, you can carry without a permit in any other state. However, photographic ID is required anyway.

    13. Hi,
      Question if passed(about time) how will this affect permit holders from other states who live in in New Jersey?
      You should not even need a permit for a right granted by our constitution.

      1. Agreed that the 2A should be all the permission we need but…

        The Constitution does not grant us the right. God grants it. The Constitution affirms that God-given right.

      2. Joe,

        We too live in the totally corrupted liberal state of New Jersey and your question is valid. WHEN not ‘if’ this reciprocity law is passed, can you imagine a situation where every visitor to the state of New Jersey can legally carrier, BUT NOT THE RESIDENTS.

        We would hope KNOW that the Trump administration will go after states like NJ, NY, CA and CT… and withhold federal grant monies or some other form of penalty, as they will with do against the sanctuary cities, should they ignor the law…

      3. The bills language seem to indicate that NJ, CA, HI, and other “no issue, no reciprocity state residents” can get a Florida license and carry at home and all other states.
        I hope they include public areas in Post Offices, school zones need to honor reciprocity, too.

    14. I don`t care anymore, what restrictive or permissive laws are passed regarding gun control. I carry concealed anyway. My purpose is for self and family protection. No mealy mouthed politician can tell me I don`t have that right. The rest of you do as you deem right. I`ll keep my gun and carry it too.

      1. Good Luck with that! I used to feel that way too, but if you have to use it and don’t have that little card?- you are screwed, and probably for the rest of your LIFE!

        1. Im with David. If you need it and you dont have it you are screwed. Stay out of trouble and law enforcement will leave you alone.

          1. There was a case recently of someone in my State that used a gun for self defense (no one was injured or killed) and he was not old enough to even own a handgun. They could not prove that he DIDN’T use it in self defense so they decided to let him off of the gun charge etc. I think he was eventually charged with another misdemeanor or something unrelated. He claimed that people were threatening him so he chose to carry a gun for protection.

            I’m sure this won’t work in all cases though. Good luck to all and I pray that you never need to use your firearm in self defense.

        2. If you find yourself in a situation where you wouldn’t think that going to jail was a reasonable trade-off to allowing the perp to continue his actions, you shouldn’t be shooting in the first place.

      2. I’m with David. I have always carried, regardless of the state laws. Just having it, and allowing miscreants to know it has kept me from being a statistic many times. Having the ability is what is important.

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