[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 38 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 38
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.
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IN THE HOUSE OF REPRESENTATIVES
January 3, 2017
Mr. Hudson (for himself, Mr. Smith of Missouri, Mr. Abraham, Mr.
Cuellar, Mr. Gaetz, Mr. Holding, Mr. King of Iowa, Mr. LaMalfa, Mr.
Palmer, Mrs. Wagner, Mr. Kinzinger, Mr. Thomas J. Rooney of Florida,
Mr. Walker, Mr. Pittenger, Mr. Aderholt, Mr. Carter of Georgia, Mr.
Graves of Georgia, Mr. Rogers of Alabama, Mr. Hensarling, Mr. Lamborn,
Mr. Cramer, Mr. Cook, Mr. Westerman, Mr. Chabot, Mrs. Walorski, Mr.
Mullin, Mr. Palazzo, Mr. Franks of Arizona, Mr. Jody B. Hice of
Georgia, Mr. Meadows, Mr. Wenstrup, Mr. Williams, Mr. Smith of Texas,
Mr. Huizenga, Mr. Amodei, Mr. Hunter, Mr. Farenthold, Mr. Jenkins of
West Virginia, Mr. Emmer, Mr. Roe of Tennessee, Mr. Tipton, Mr. Johnson
of Ohio, Mr. DesJarlais, Mrs. Hartzler, Mr. Duncan of South Carolina,
Mr. Zeldin, Mr. Yoho, Mr. Sanford, Mr. Brat, Mr. Peterson, Mr. Duffy,
Mr. Yoder, Mr. Buchanan, Mr. Cole, Mr. Newhouse, Mr. Turner, Mr. Brooks
of Alabama, Mr. Katko, Mr. Ratcliffe, Mr. Hill, Mr. Olson, Mr. Harper,
Mr. Buck, and Mr. Diaz-Balart) 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 means by which
nonresidents of a State whose residents may carry concealed firearms
may also do so 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 ``Concealed Carry Reciprocity Act of
2017''.
SEC. 2. 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 (except as provided in subsection (b))
and subject only to the requirements of this section, a person who is
not prohibited by Federal law from possessing, transporting, shipping,
or receiving a firearm, who is carrying a valid identification document
containing a photograph of the person, and who is 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 (other than a machinegun or
destructive device) that has been shipped or transported in interstate
or foreign commerce, in any State that--
``(1) has a statute under which residents of the State may
apply for a license or permit to carry a concealed firearm; or
``(2) does not prohibit the carrying of concealed firearms
by residents of the State for lawful purposes.
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation, building,
base, or park.
``(c)(1) A person who carries or possesses a concealed handgun in
accordance with subsections (a) and (b) 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. Presentation of facially valid documents
as specified in subsection (a) is prima facie evidence that the
individual has a license or permit as required by this section.
``(2) When a person asserts this section as a defense in a criminal
proceeding, the prosecution shall bear the burden of proving, beyond a
reasonable doubt, that the conduct of the person did not satisfy the
conditions set forth in subsections (a) and (b).
``(3) When a person successfully asserts this section as a defense
in a criminal proceeding, the court shall award the prevailing
defendant a reasonable attorney's fee.
``(d)(1) 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 or any political
subdivision thereof, may bring an action in any appropriate court
against any other person, including a State or political subdivision
thereof, who causes the person to be subject to the deprivation, for
damages or other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as the court
deems appropriate, including a reasonable attorney's fee.
``(e) In subsection (a):
``(1) The term `identification document' means a document
made or issued by or under the authority of the United States
Government, a State, or a political subdivision of a State
which, when completed with information concerning a particular
individual, is of a type intended or commonly accepted for the
purpose of identification of individuals.
``(2) The term `handgun' includes any magazine for use in a
handgun and any ammunition loaded into the handgun or its
magazine.
``(f)(1) A person who possesses or carries a concealed handgun
under subsection (a) shall not be subject to the prohibitions of
section 922(q) with respect to that handgun.
``(2) A person possessing or carrying a concealed handgun in a
State under subsection (a) may do so in any of the following areas in
the State that are open to the public:
``(A) A unit of the National Park System.
``(B) A unit of the National Wildlife Refuge System.
``(C) Public land under the jurisdiction of the Bureau of
Land Management.
``(D) Land administered and managed by the Army Corps of
Engineers.
``(E) Land administered and managed by the Bureau of
Reclamation.''.
(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.
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