House Passes Concealed Carry Reciprocity Bill

 

Last week, the House of Representatives passed the Concealed Carry Reciprocity Act of 2017. This bill is a solid step in strengthening the second amendment in America. In fact, many states have already initiated state-to-state reciprocity agreements on their own. This bill would simply serve to homogenize these agreements in order to further protect gun owners. Naturally, the media’s reporting (specifically CNN’s) has been less than honest on this issue. So, you can either read the bill yourself here or you can read this post.

Here is what the bill does and does not do:

  1. Allows those who have obtained a CCW (concealed carry of a weapon) permit from their home state to carry in other states which allow the concealed carry of firearms.
  2. Does not supersede state laws which prohibit the concealed carry of firearms (i.e., respect of federalism and states’ rights).
  3. Spells out legal protections for those arrested for violations of CCW laws and institutes a loser-pays system for legal proceedings regarding this law.
  4. Allows concealed carry in areas of the state that are open to the public (such as National Parks, land under the Bureau of Land Management, etc.)
  5. Expands CCW permissions for off-duty and retired police officers, including the ability to carry in school zones.
  6. Affirms the right of federal judges to carry.

The bill has passed the House and now sits in the Senate where it has been referred to the Judiciary Committee. Obviously, this bill is not popular with Senate Democrats. Fortunately, the House had the wisdom to attach the Fix NICS Act to the Concealed Carry Reciprocity Act of 2017.  The Fix NICS Act strengthens the National Criminal Instant Background Check system. While Republicans are not commonly favorable to the NICS fix, it was a necessary attachment to get Senate Democrats on board.

Here is what the NICS Fix does and does not do:

  1. It does not change existing law.
  2. It doesn’t bring anybody new into the system.
  3. Establishes metrics to determine compliance (e.g., how do we know if an agency is complying).
  4. It requires federal agencies to compile annual reports and certification of compliance with the existing background check system.
  5. It provides penalties for failure to comply with the existing NICS.
  6. Directs the Department of Justice to report on the use of bump stocks in crimes.

The National Rifle Association has announced its support of the attachment of the NICS fix as a way to win Democrat votes to get the Reciprocity bill over the magical 60-vote Senate threshold. Additionally, even the House Freedom Caucus supported the measure as a political strategy to get Reciprocity passed.

Republicans like the Reciprocity Act, but do not like the NICS fix. Democrats like the NICS fix, but do not like the Reciprocity Act. This is a perfect case of how Washington, DC should work: everybody gets something while accepting some things they don’t like. Some call it compromising your principles, but in reality, it is just called negotiating. It looks like the Republicans came out on top for once.

The Concealed Carry Reciprocity Act of 2017 bill awaits action in the Senate where several Democrats have indicated interest in the past thanks to the addition of the NICS fix. We will see if the Democrats choose governance over grandstanding. Call your Democratic Senator and urge them to compromise to support the important Concealed Carry Reciprocity Act of 2017.

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  1. Skyler Coolidge
    Skyler
    @Skyler

    Gun Owners of America has been very much opposed to this law as it is attached to Fix NICS. I’m not sure where you’re getting that they support this.

    Cncealed carry reciprocity is a nothing to me.  It is almost the very last thing I’m like looking to change. A better priority is to repeal NICS.

    • #1
  2. ctlaw Coolidge
    ctlaw
    @ctlaw

    Skyler (View Comment):
    Cncealed carry reciprocity is a nothing to me.

    Says someone who does not live in a place within a 90-minute drive of 4 states that will not let a nonresident posses a weapon or apply for a CCW permit under any standards.

    • #2
  3. Kyle Kirker Inactive
    Kyle Kirker
    @Kyle

    Skyler (View Comment):
    Gun Owners of America has been very much opposed to this law as it is attached to Fix NICS. I’m not sure where you’re getting that they support this.

    Cncealed carry reciprocity is a nothing to me. It is almost the very last thing I’m like looking to change. A better priority is to repeal NICS.

    You are correct. I read an opinion piece on the Gun Owners of America site and mistook it for their official position. I will correct my post.

    • #3
  4. Spin Inactive
    Spin
    @Spin

    ctlaw (View Comment):

    Skyler (View Comment):
    Cncealed carry reciprocity is a nothing to me.

    Says someone who does not live in a place within a 90-minute drive of 4 states that will not let a nonresident posses a weapon or apply for a CCW permit under any standards.

    But according to Kyle Kirker (which I’m sure is his porn name), this bill won’t fix that for you.  Right?

    • #4
  5. Spin Inactive
    Spin
    @Spin

    For my part, I’m generally happy with this.  Recently I planned a driving trip that would cross multiple states.  I had to figure a route that would allow me to carry the whole way.  That meant avoiding one or two states, at the cost of making the trip longer.  Which meant more gas.  Which lead to me to wonder “Why do the left hate the environment?”  Anyway…yeah, I’m generally in favor of this.

    • #5
  6. ctlaw Coolidge
    ctlaw
    @ctlaw

    Spin (View Comment):

    ctlaw (View Comment):

    Skyler (View Comment):
    Cncealed carry reciprocity is a nothing to me.

    Says someone who does not live in a place within a 90-minute drive of 4 states that will not let a nonresident posses a weapon or apply for a CCW permit under any standards.

    But according to Kyle Kirker (which I’m sure is his porn name), this bill won’t fix that for you. Right?

    AFAIK, to the extent that those states already grant their own residents CCW permits, they will have to recognize mine.

    • #6
  7. Spin Inactive
    Spin
    @Spin

    ctlaw (View Comment):

    Spin (View Comment):

    ctlaw (View Comment):

    Skyler (View Comment):
    Cncealed carry reciprocity is a nothing to me.

    Says someone who does not live in a place within a 90-minute drive of 4 states that will not let a nonresident posses a weapon or apply for a CCW permit under any standards.

    But according to Kyle Kirker (which I’m sure is his porn name), this bill won’t fix that for you. Right?

    AFAIK, to the extent that those states already grant their own residents CCW permits, they will have to recognize mine.

    Oh ok , you said “non-resident”, sorry.  I misread.

    • #7
  8. Skyler Coolidge
    Skyler
    @Skyler

    ctlaw (View Comment):

    Skyler (View Comment):
    Cncealed carry reciprocity is a nothing to me.

    Says someone who does not live in a place within a 90-minute drive of 4 states that will not let a nonresident posses a weapon or apply for a CCW permit under any standards.

    I understand, and until the Fix NICS was attached to this bill, I supported it.  I realize that it could and probably would end up with the federal government dictating to the states how to enact carry laws, but the trend has been positive for gun owners and I would support it with the hope that the negative impact could be mitigated by assertive gun owners keeping pressure on politicians.

    But with Fix NICS, I can’t look the other way and pretend that it’s a good thing.  This bill needs to fail and we need to wait and regroup for something better, like repealing the NFA and the GCA.

    • #8
  9. Terry Mott Member
    Terry Mott
    @TerryMott

    Kyle Kirker:Republicans like the Reciprocity Act, but do not like the NICS fix. Democrats like the NICS fix, but do not like the Reciprocity Act. This is a perfect case of how Washington, DC should work: everybody gets something while accepting some things they don’t like. Some call it compromising your principles, but in reality, it is just called negotiating. It looks like the Republicans came out on top for once.

    How did the Republicans come out on top?  Looks like a wash to me.  And based on historical precedent, I’m fairly certain that when all is said and done, statists will get more than us classical liberals, irrespective of party labels.

    • #9
  10. Bartholomew Xerxes Ogilvie, Jr. Coolidge
    Bartholomew Xerxes Ogilvie, Jr.
    @BartholomewXerxesOgilvieJr

    In my opinion this doesn’t fix the real problem, which is that (even with a permit) carry laws tend to be terribly complex. I have a permit in North Carolina, but I’m still not clear on all of the places I’m allowed to carry and not carry. There are exceptions, and exceptions to exceptions, and in some cases the law isn’t even clear. I don’t want to be the test case.

    This is even worse if you’re going to be traveling across state lines; then you need to know not only the gun laws of your own state, but those of every state you might pass through. We’ve seen multiple news stories about people being prosecuted because of innocent misunderstandings about the gun laws in a state they happened to cross into.

    The complexity is such that many people (myself included) will choose to just leave the gun at home when they travel, because it’s just too hard to be sure you’ll comply with the laws in all of the jurisdictions you might pass through. I’m sure this Second Amendment chilling effect is perfectly fine with the anti-gun crowd (and indeed, I wouldn’t be surprised if it’s at least partly intentional).

    This bill doesn’t fix that, because it doesn’t change local laws. I’m not sure I would want a federal intervention to do so, but on the other hand, the Second Amendment is a federal thing. We need to find some way to simplify and harmonize the laws.

    • #10
  11. ctlaw Coolidge
    ctlaw
    @ctlaw

    Bartholomew Xerxes Ogilvie, Jr. (View Comment):
    In my opinion this doesn’t fix the real problem, which is that (even with a permit) carry laws tend to be terribly complex. I have a permit in North Carolina, but I’m still not clear on all of the places I’m allowed to carry and not carry. There are exceptions, and exceptions to exceptions, and in some cases the law isn’t even clear. I don’t want to be the test case.

    This is even worse if you’re going to be traveling across state lines; then you need to know not only the gun laws of your own state, but those of every state you might pass through. We’ve seen multiple news stories about people being prosecuted because of innocent misunderstandings about the gun laws in a state they happened to cross into.

    The complexity is such that many people (myself included) will choose to just leave the gun at home when they travel, because it’s just too hard to be sure you’ll comply with the laws in all of the jurisdictions you might pass through. I’m sure this Second Amendment chilling effect is perfectly fine with the anti-gun crowd (and indeed, I wouldn’t be surprised if it’s at least partly intentional).

    This bill doesn’t fix that, because it doesn’t change local laws. I’m not sure I would want a federal intervention to do so, but on the other hand, the Second Amendment is a federal thing. We need to find some way to simplify and harmonize the laws.

    it’s hopefully a start. For example, even if I do not want to carry in MA, hopefully this will let me possess. It should end some of the harrassment of people driving through places like NJ

    • #11
  12. The Reticulator Member
    The Reticulator
    @TheReticulator

    Skyler (View Comment):
    I realize that it could and probably would end up with the federal government dictating to the states how to enact carry laws,

    Yeah, I’m not sure I like this, and am not sure it’s needed to protect our 2nd amendment rights.

    As always, I favor a crazy patchwork of state and local regulation. Within the protections of 2A, of course.

    • #12
  13. Nick H Coolidge
    Nick H
    @NickH

    Skyler (View Comment):
    But with Fix NICS, I can’t look the other way and pretend that it’s a good thing.

    I don’t know the details on Fix NICS, but as it’s described above it doesn’t seem all that consequential. More bureaucrats filing reports and checking compliance. Is there something more that makes it so objectionable? (This legislation specifically. I understand the objections to NICS itself.)

    • #13
  14. Spin Inactive
    Spin
    @Spin

    Skyler (View Comment):
    But with Fix NICS, I can’t look the other way and pretend that it’s a good thing. This bill needs to fail and we need to wait and regroup for something better, like repealing the NFA and the GCA.

    Please articulate your opposition to the so called “Fix NICS”, please.

    • #14
  15. The Reticulator Member
    The Reticulator
    @TheReticulator

    Bartholomew Xerxes Ogilvie, Jr. (View Comment):
    In my opinion this doesn’t fix the real problem, which is that (even with a permit) carry laws tend to be terribly complex. I have a permit in North Carolina, but I’m still not clear on all of the places I’m allowed to carry and not carry. There are exceptions, and exceptions to exceptions, and in some cases the law isn’t even clear. I don’t want to be the test case.

    This is even worse if you’re going to be traveling across state lines; then you need to know not only the gun laws of your own state, but those of every state you might pass through. We’ve seen multiple news stories about people being prosecuted because of innocent misunderstandings about the gun laws in a state they happened to cross into.

    The complexity is such that many people (myself included) will choose to just leave the gun at home when they travel, because it’s just too hard to be sure you’ll comply with the laws in all of the jurisdictions you might pass through. I’m sure this Second Amendment chilling effect is perfectly fine with the anti-gun crowd (and indeed, I wouldn’t be surprised if it’s at least partly intentional).

    This bill doesn’t fix that, because it doesn’t change local laws. I’m not sure I would want a federal intervention to do so, but on the other hand, the Second Amendment is a federal thing. We need to find some way to simplify and harmonize the laws.

    Some changes might be in order, but please do also consider all the positive advantages of making it necessary for people to be conscious of what local jurisdiction(s) they are currently setting foot in. If we want state and local governments to matter, it is necessary for there to be consequences to crossing the boundaries between various jurisdictions.

    • #15
  16. Skyler Coolidge
    Skyler
    @Skyler

    Spin (View Comment):

    Skyler (View Comment):
    But with Fix NICS, I can’t look the other way and pretend that it’s a good thing. This bill needs to fail and we need to wait and regroup for something better, like repealing the NFA and the GCA.

    Please articulate your opposition to the so called “Fix NICS”, please.

    Busy but here’s a link to the GOA version of why it’s bad.  According to them, unpaid traffic tickets will result in not being able to purchase a gun, and there is still no clear appeal process for being on the list erroneously.

    • #16
  17. ctlaw Coolidge
    ctlaw
    @ctlaw

    Skyler (View Comment):

    Spin (View Comment):

    Skyler (View Comment):
    But with Fix NICS, I can’t look the other way and pretend that it’s a good thing. This bill needs to fail and we need to wait and regroup for something better, like repealing the NFA and the GCA.

    Please articulate your opposition to the so called “Fix NICS”, please.

    Busy but here’s a link to the GOA version of why it’s bad. According to them, unpaid traffic tickets will result in not being able to purchase a gun, and there is still no clear appeal process for being on the list erroneously.

    Isn’t that a defect of the existing system?

    • #17
  18. Spin Inactive
    Spin
    @Spin

    Skyler (View Comment):

    Spin (View Comment):

    Skyler (View Comment):
    But with Fix NICS, I can’t look the other way and pretend that it’s a good thing. This bill needs to fail and we need to wait and regroup for something better, like repealing the NFA and the GCA.

    Please articulate your opposition to the so called “Fix NICS”, please.

    Busy but here’s a link to the GOA version of why it’s bad. According to them, unpaid traffic tickets will result in not being able to purchase a gun, and there is still no clear appeal process for being on the list erroneously.

    Why does it read like a newsmax article?  “…and the regulations implementing them are so sucky…”

    • #18
  19. Kyle Kirker Inactive
    Kyle Kirker
    @Kyle

    @Skyler:  That Gun Owners of America article provides no supporting evidence for their claims and claims that “traffic ticket confiscations” are already happening. If they are already happening, then there’s nothing to worry about with this bill (as @ctlaw pointed out, it’s a defect of the current system, not a result of Fix NICS). Additionally, just passing reciprocity or just repealing NICS (as you suggested) isn’t a possibility without a Senate super-majority, so let’s deal in reality rather than wishful thinking. This is not a perfect bill, but it is a good one, which is why even the majority of the House Freedom Caucus voted for it.

    @ Nick H: I read the bill again just to be sure that I got it right. As you said, Fix NICS is not all that consequential. Nobody new is brought under scrutiny. It is just a fortification of the current system.

    @Terry Mott: GOP came out on top because I believe reciprocity is more consequential than Fix NICS.

    @spin: Kyle Kirker is both my real name and my porn name, by Kyle Kevin Kirker is my Democrat name (if I ever need to switch parties).

     

     

    • #19
  20. Skyler Coolidge
    Skyler
    @Skyler

    Kyle Kirker (View Comment):
    @Skyler: That Gun Owners of America article provides no supporting evidence for their claims and claims that “traffic ticket confiscations” are already happening. If they are already happening, then there’s nothing to worry about with this bill (as @ctlaw pointed out, it’s a defect of the current system, not a result of Fix NICS). Additionally, just passing reciprocity or just repealing NICS (as you suggested) isn’t a possibility without a Senate super-majority, so let’s deal in reality rather than wishful thinking. This is not a perfect bill, but it is a good one, which is why even the majority of the House Freedom Caucus voted for it.

    Schumer and Feinstein like it.  It can’t be good.  I’ll wait.

    • #20
  21. Kyle Kirker Inactive
    Kyle Kirker
    @Kyle

    @skyler: Wait for what? Super-majorities in both the House and the Senate? That seems unrealistic. Working with Democrats is the reality of governing.

    • #21
  22. Skyler Coolidge
    Skyler
    @Skyler

    Kyle Kirker (View Comment):
    @skyler: Wait for what? Super-majorities in both the House and the Senate? That seems unrealistic. Working with Democrats is the reality of governing.

    You know, the GCA and the NFA are still the law.  They could have been repealed this year.  They weren’t.  The courts seem to be doing a better job than the legislature.  Might as well back the working method.

    I have no patience for compromise.  The problem with reciprocity could be fixed at the local level.  Those locals need to fix their problems.  Even if there is reciprocity, you still need to follow their stupid laws in those bad states.  A piece of paper saying you can carry is only as good as the itchy trigger finger on the cop that pulls you over.

     

    • #22
  23. TheSockMonkey Inactive
    TheSockMonkey
    @TheSockMonkey

    Kyle Kirker (View Comment):
    Kyle Kevin Kirker is my Democrat name (if I ever need to switch parties).

    I see what you did there.

    • #23
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