[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 822 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 822
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
February 18, 2011
Mr. Stearns (for himself and Mr. Shuler) 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 2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Second Amendment to the Constitution of the United
States protects the fundamental right of an individual to keep
and bear arms, including for purposes of individual self-
defense.
(2) The Supreme Court of the United States has recognized
this right in the case of District of Columbia v. Heller, and
in the case of McDonald v. City of Chicago, has recognized that
the right is protected against State infringement by the
Fourteenth Amendment to the Constitution of the United States.
(3) The Congress has the power to pass legislation to
protect against infringement of all rights protected under the
Fourteenth Amendment to the Constitution of the United States.
(4) The right to bear arms includes the right to carry arms
for self-defense and the defense of others.
(5) The Congress has enacted legislation of national scope
authorizing the carrying of concealed firearms by qualified
active and retired law enforcement officers.
(6) Forty-eight States provide by statute for the issuance
to individuals of permits to carry concealed firearms, or allow
the carrying of concealed firearms for lawful purposes without
the need for a permit.
(7) The overwhelming majority of individuals who exercise
the right to carry firearms in their own States and other
States have proven to be law-abiding, and such carrying has
been demonstrated to provide crime prevention or crime
resistance benefits for the licensees and for others.
(8) The Congress finds that preventing the lawful carrying
of firearms by individuals who are traveling outside their home
State interferes with the constitutional right of interstate
travel, and harms interstate commerce.
(9) Among the purposes of this Act is the protection of the
rights, privileges, and immunities guaranteed to a citizen of
the United States by the Fourteenth Amendment to the
Constitution of the United States.
(10) The Congress, therefore, should provide for national
recognition, in States that issue to their own citizens
licenses or permits to carry concealed handguns, of other State
permits or licenses to carry concealed handguns.
SEC. 3. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926C the following:
``Sec. 926D. Reciprocity for the carrying of certain concealed firearms
``(a) Notwithstanding any provision of the law of any State or
political subdivision thereof, related to the carrying or
transportation of firearms, a person who is not prohibited by Federal
law from possessing, transporting, shipping, or receiving a firearm,
and who is carrying a government-issued photographic identification
document and 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, may carry a concealed handgun (other than a machinegun or
destructive device) that has been shipped or transported in interstate
or foreign commerce, in any State, other than the State of residence of
the person, that--
``(1) has a statute that allows residents of the State to
obtain licenses or permits to carry concealed firearms; or
``(2) does not prohibit the carrying of concealed firearms
by residents of the State for lawful purposes.
``(b) A person carrying a concealed handgun under this section
shall be permitted to carry a handgun subject to the same conditions or
limitations that apply to residents of the State who have permits
issued by the State or are otherwise lawfully allowed to do so by the
State.
``(c) In a State that allows the issuing authority for licenses or
permits to carry concealed firearms to impose restrictions on the
carrying of firearms by individual holders of such licenses or permits,
a firearm shall be carried according to the same terms authorized by an
unrestricted license or permit issued to a resident of the State.
``(d) Nothing in this section shall be construed to preempt any
provision of State law with respect to the issuance of licenses or
permits to carry concealed firearms.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 926C the
following:
``926D. Reciprocity for the carrying of certain concealed firearms.''.
(c) Severability.--Notwithstanding any other provision of this Act,
if any provision of this section, or any amendment made by this
section, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, this section and
amendments made by this section and the application of such provision
or amendment to other persons or circumstances shall not be affected
thereby.
(d) Effective Date.--The amendments made by this section shall take
effect 90 days after the date of the enactment of this Act.
<all>