National Right-to-Carry Reciprocity Act of 2009

[aikoaiko]

I like this bill, but I wonder what its chances are.

H.R. 197

2009-2010 National Right-to-Carry Reciprocity Act of 2009

Summary:
1/6/2009--Introduced.
National Right-to-Carry Reciprocity Act of 2009 - Amends the federal criminal code to establish a national standard for the carrying of concealed firearms (other than a machinegun or destructive device) by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one state and who is not prohibited from carrying a firearm under federal law to carry a concealed firearm in another state in accordance with the restrictions of that state or as specified under this Act.

Full Text:
HR 197 IH

111th CONGRESS

1st Session

H. R. 197

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.

IN THE HOUSE OF REPRESENTATIVES

January 6, 2009

Mr. STEARNS (for himself and Mr. BOUCHER) introduced the following bill; which was referred to the Committee on the Judiciary


--------------------------------------------------------------------------------

A BILL

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Right-to-Carry Reciprocity Act of 2009’.

SEC. 2. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS BY NONRESIDENTS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:

‘Sec. 926D. National standard for the carrying of certain concealed firearms by nonresidents

‘(a) Notwithstanding any provision of the law of any State or political subdivision thereof, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and is carrying a valid license or permit which is issued by a State and which permits the person to carry a concealed firearm (other than a machinegun or destructive device) may carry in another State a concealed firearm (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

‘(b)(1) If such other State issues licenses or permits to carry concealed firearms, the person may carry a concealed firearm in the State under the same restrictions which apply to the carrying of a concealed firearm by a person to whom the State has issued such a license or permit.

‘(2) If such other State does not issue licenses or permits to carry concealed firearms, the person may not, in the State, carry a concealed firearm in a police station, in a public detention facility, in a courthouse, in a public polling place, at a meeting of a State, county, or municipal governing body, in a school, at a professional or school athletic event not related to firearms, in a portion of an establishment licensed by the State to dispense alcoholic beverages for consumption on the premises, or inside the sterile or passenger area of an airport, except to the extent expressly permitted by State law.’.

(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926C the following:

‘926D. National standard for the carrying of certain concealed firearms by nonresidents.’.

[Deep13]

1. Cool. nt

[Historic NY]

2. they need to fix the nationwide law enforcement carry...its messed up too.

[aikoaiko]

3. how so? I'm not familiar.

[Historic NY]

5. the retired officer section.........H.R. 218..

H.R. 218, the federal Law Enforcement Safety Act of 2004 many agencies do not want to be burdened with certifying their retired officers. Imagine how much time at the range it will take from active duty personnel. I have a full carry in 2 states unrestricted but when I retied my agency wouldn't do certifications. There is a needed clarification in the law on "qualified".

[aikoaiko]

7. thank you. It does sound like a mess.

My state, GA, has a decent amount of reciprocity with surrounding states except South Carolina. My city actually borders SC and I hate think what would happen if I got caught across the border.

A law like the one proposed in HR 197 would protect me as I ran errands in SC.

[jeepnstein]

9. Locally...

Our Sheriff handles retired officers who wish to maintain a commission and qualify, even extending that professional courtesy to retirees from other agencies. The heck of it is he does not authorize off-duty carry, preferring to have us get a regular concealed carry permit like every other citizen. My understanding is that HR 218 takes the burden of liability off of the department but he won't budge, preferring not to be the test case at the taxpayer's expense.

[Hoopla Phil]

4. This is great BUT

I really do not believe that President Obama will sign it if it got to his desk.

[Iktomiwicasa]

6. Of course he won't

Because that would allow someone with CCW from Cheyenne to carry in Chicago. We can't have THAT now, can we?

[Not Me]

8. Perfect time to add an amendment to the bill

Requiring reciprocity for marriages.

[aikoaiko]

10. Clever.

No arguments from me on reciprocity for all marriages.

[tburnsten]

11. That is an awesome bill

Hopefully though it will be an alternative to each individual state's carry permit system, so that it does not forcefully federalize something that is basically a state's responsibility. Having both federal and state permit systems would be good in case one of the two systems has some kinks in it that need to be worked out. For instance, NY and California having totally divergent requirements based simply on what county you live in, or if the Federal system excluded people who had ever had any kind of drug charge. I have a fairly minor marijuana conviction on my record, which did not stop the great state of Maine from issuing me a permit. Fantastic, since I've never been in any sort of hot water for any violent or other destructive behavior, or for burglaries or anything like that. You know the DEA would try to push a Federal license to exclude people who had any sort of history, to further their culture war.

[virginia mountainman]

12. Mr Boucher is my congressman!!

And yes, he is a "D".......With a very high NRA rating!

[Statistical]

16. Liar. NRA is a shill for Republican Party ONLY (or so I heard on DU)...

Just kidding.

Actually many Congressmen from VA have a "D" next to their name and have a high rating with NRA.

Our Governor.... not so much.

[old mark]

13. About time. nt

[beevul]

14. Say...Don't they do that with drivers licenses already?

What are they doing? Trying to treat guns like cars?

:rofl:

[Xela]

15. Wouldn't something like this open the flood gates...

...for more anti gun federal legislation?

I mean, wouldn't it establish precedent for the feds to mess with what's permissible or not?

My gut tells me we could be better off without more fed gun laws?

Xela

[Zero T]

17. It seems to me that his could lead to...

a national carry permit, which would be undesirable. The downside is that the federal gov't could just do away with concealed carry with one pen stroke. Do they really need to control everything? At this rate, we will just do away with states altogether at some point.

[spin]

18. Some states are getting serious about limiting Federal power...

New Hampshire's Concurrent Resolution 6 lays out the movement's intentions pretty bluntly..."any Act by the Congress of the United States, Executive order of the President ... which assumes a power not delegated to the government of United States of America by the Constitution ...shall constitute a nullification of the Constitution for the United States of America by the government."

New Hampshire's resolution goes on to state several cases - including further infringement on the right to bear arms - which would cause the state to invoke the measures mentioned above.
http://www.sovereignsociety.com/2009Archives1stHalf/021309StatesRightsRideAgain/tabid/5310/Default.aspx

HELENA — Montana lawmakers fired another shot in battles for states' rights as they supported letting some Montana gun owners and dealers skip reporting their transactions to the federal government.

]Under House Bill 246, firearms made in Montana and used in Montana would be exempt from federal regulation. The same would be true for firearm accessories and ammunition made and sold in the state.

"What we need here is for Montana to be able to handle Montana's business and affairs,'' Republican Rep. Joel Boniek told fellow lawmakers Saturday. The wilderness guide from Livingston defeated Republican incumbent Bruce Malcolm in last spring's election.

Boniek's measure aims to circumvent federal authority over interstate commerce, which is the legal basis for most gun regulation in the United States. The bill potentially could release Montanans from both federal gun registration requirements and dealership licensing rules. Since the state has no background-check laws on its own books, the legislation also could free gun purchasers from that requirement.
http://www.greatfallstribune.com/article/20090214/NEWS01/90214004

It might be wise for the Democrats in Washington to beware of passing draconian gun laws. There does seem to be a rising tide of resentment in parts of the country.