HR38-119

What This Bill Does

This bill adds a new federal concealed-carry reciprocity provision to chapter 44 of title 18. A person who is not federally prohibited from possessing a firearm, carries photo identification, and either has a valid State concealed-carry license or is entitled to carry a concealed firearm in the person's State of residence may carry a concealed handgun in other States that issue concealed-carry permits or allow residents to carry concealed firearms for lawful purposes. Covered handguns must have moved in interstate or foreign commerce and cannot be machine guns or destructive devices.

The bill preserves laws allowing private property owners to restrict firearms on their property and laws restricting firearms on State or local government property, installations, buildings, or bases. It bars arrest or detention for State or local carry-law violations unless there is probable cause that the person is carrying in a manner outside the federal reciprocity rule. It also creates a cause of action for people deprived of rights under the section, including damages and attorney fees.

Who Benefits and How

Concealed carry permit holders traveling interstate benefit because their home-State permit or home-State carry eligibility would be recognized in qualifying States. Residents of permitless-carry States benefit because home-State carry entitlement can support reciprocity. Firearms retailers and ammunition manufacturers may benefit from increased demand among travelers who can carry across State lines. Gun-rights advocacy organizations benefit from a federal rule overriding stricter State reciprocity limits. Travelers concerned about self-defense benefit from reduced legal uncertainty while crossing State borders.

Who Bears the Burden and How

States with stricter concealed-carry laws lose some control over who may carry concealed handguns inside their borders. State and local law enforcement officers must assess federal reciprocity coverage before arresting or detaining a carrier. State attorneys general and local governments may face civil litigation, damages, and attorney-fee exposure for violating the federal right. Gun-safety advocacy organizations bear a policy burden because States with stricter licensing, training, or residency rules must accept covered out-of-state carriers.

Key Provisions

• Creates federal concealed-carry reciprocity for eligible permit holders and home-State lawful carriers.
• Excludes machine guns and destructive devices from covered concealed handguns.
• Preserves private-property restrictions and State or local government property restrictions.
• Prohibits arrest or detention without probable cause that the carrier falls outside the reciprocity rule.
• Provides civil remedies, damages, and attorney fees for rights violations.