I 

116TH 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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

Mr. HUDSON (for himself, Mr. TIPTON, Mr. HIGGINS of Louisiana, Mr. 

ARRINGTON, Mr. MULLIN, Mr. CHABOT, Mr. HUNTER, Mr. YOHO, Mr. 

MARSHALL, Mr. MARINO, Mr. GOSAR, Mr. HARRIS, Ms. STEFANIK, Mr. 

PALAZZO, Mr. NEWHOUSE, Mr. DUFFY, Mr. HILL of Arkansas, Mr. 

LONG, Mr. AUSTIN SCOTT of Georgia, Mr. WALKER, Mr. SMUCKER, Mr. 

FERGUSON, Mr. WEBER of Texas, Mr. BYRNE, Mr. CONAWAY, Mr. 

HOLDING, Mr. RIGGLEMAN, Mr. JOYCE of Pennsylvania, Mr. KELLY of 

Pennsylvania, Mr. SPANO, Mr. GRAVES of Georgia, Mr. DUNN, Ms. CHENEY, Mr. MOOLENAAR, Mr. LATTA, Mr. WRIGHT, Mr. FLORES, Mr. CARTER of Texas, Mr. CUELLAR, Ms. GRANGER, Mr. PERRY, Mr. ROGERS

of Alabama, Mr. GIANFORTE, Mr. WILLIAMS, Mr. BABIN, Mr. BURGESS, 

Mr. MARCHANT, Mr. OLSON, Mr. GIBBS, Mr. KING of Iowa, Mr. BUDD, 

Mr. YOUNG, Mr. MAST, Mr. REED, Mrs. LESKO, Mr. GRAVES of Louisiana, Mr. ROONEY of Florida, Mr. DUNCAN, Mr. BANKS, Mr. COMER, 

Mr. JORDAN, Mr. JOHNSON of Louisiana, Mr. LOUDERMILK, Mr. KELLY

of Mississippi, Mr. MEADOWS, Mr. ROUZER, Mr. GAETZ, Mr. MCHENRY, 

Mr. KINZINGER, Mr. DAVID P. ROE of Tennessee, Mr. DAVIDSON of 

Ohio, Mr. BUCK, Mr. WALTZ, Mr. BISHOP of Georgia, Mr. CURTIS, Mr. 

BOST, Mr. NORMAN, Mr. GUTHRIE, Mr. SMITH of Nebraska, Mr. 

BERGMAN, Mr. COLLINS of New York, Mr. HICE of Georgia, Mr. 

CRAWFORD, Mr. JOHNSON of Ohio, Mr. WOMACK, Mr. BIGGS, Mr. ABRAHAM, Mr. SMITH of Missouri, Mr. WEBSTER of Florida, Mrs. WALORSKI, 

and Mr. PALMER) 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 


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by which nonresidents of a State whose residents may 

carry concealed firearms may also do so in the State. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Concealed Carry Reci5 procity Act of 2019’’. 

6 SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN 

7 CONCEALED FIREARMS. 

8 (a) IN GENERAL.—Chapter 44 of title 18, United 

9 States Code, is amended by inserting after section 926C 

10 the following: 

11 ‘‘§ 926D. Reciprocity for the carrying of certain con12 cealed firearms 

13 ‘‘(a) Notwithstanding any provision of the law of any 

14 State or political subdivision thereof (except as provided 

15 in subsection (b)) and subject only to the requirements 

16 of this section, a person who is not prohibited by Federal 

17 law from possessing, transporting, shipping, or receiving 

18 a firearm, who is carrying a valid identification document 

19 containing a photograph of the person, and who is car20 rying a valid license or permit which is issued pursuant 

21 to the law of a State and which permits the person to 

22 carry a concealed firearm or is entitled to carry a con23 cealed firearm in the State in which the person resides, 

24 may possess or carry a concealed handgun (other than a 


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1 machine gun or destructive device) that has been shipped 

2 or transported in interstate or foreign commerce, in any 

3 State that— 

4 ‘‘(1) has a statute under which residents of the 

5 State may apply for a license or permit to carry a 

6 concealed firearm; or 

7 ‘‘(2) does not prohibit the carrying of concealed 

8 firearms by residents of the State for lawful pur9 poses. 

10 ‘‘(b) This section shall not be construed to supersede 

11 or limit the laws of any State that— 

12 ‘‘(1) permit private persons or entities to pro13 hibit or restrict the possession of concealed firearms 

14 on their property; or 

15 ‘‘(2) prohibit or restrict the possession of fire16 arms on any State or local government property, in17 stallation, building, base, or park. 

18 ‘‘(c)(1) A person who carries or possesses a concealed 

19 handgun in accordance with subsections (a) and (b) may 

20 not be arrested or otherwise detained for violation of any 

21 law or any rule or regulation of a State or any political 

22 subdivision thereof related to the possession, transpor23 tation, or carrying of firearms unless there is probable 

24 cause to believe that the person is doing so in a manner 

25 not provided for by this section. Presentation of facially 


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1 valid documents as specified in subsection (a) is prima 

2 facie evidence that the individual has a license or permit 

3 as required by this section. 

4 ‘‘(2) When a person asserts this section as a defense 

5 in a criminal proceeding, the prosecution shall bear the 

6 burden of proving, beyond a reasonable doubt, that the 

7 conduct of the person did not satisfy the conditions set 

8 forth in subsections (a) and (b). 

9 ‘‘(3) When a person successfully asserts this section 

10 as a defense in a criminal proceeding, the court shall 

11 award the prevailing defendant a reasonable attorney’s 

12 fee. 

13 ‘‘(d)(1) A person who is deprived of any right, privi14 lege, or immunity secured by this section, under color of 

15 any statute, ordinance, regulation, custom, or usage of any 

16 State or any political subdivision thereof, may bring an 

17 action in any appropriate court against any other person, 

18 including a State or political subdivision thereof, who 

19 causes the person to be subject to the deprivation, for 

20 damages or other appropriate relief. 

21 ‘‘(2) The court shall award a plaintiff prevailing in 

22 an action brought under paragraph (1) damages and such 

23 other relief as the court deems appropriate, including a 

24 reasonable attorney’s fee. 

25 ‘‘(e) In subsection (a): 


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1 ‘‘(1) The term ‘identification document’ means 

2 a document made or issued by or under the author3 ity of the United States Government, a State, or a 

4 political subdivision of a State which, when com5 pleted with information concerning a particular indi6 vidual, is of a type intended or commonly accepted 

7 for the purpose of identification of individuals. 

8 ‘‘(2) The term ‘handgun’ includes any magazine 

9 for use in a handgun and any ammunition loaded 

10 into the handgun or its magazine. 

11 ‘‘(f)(1) A person who possesses or carries a concealed 

12 handgun under subsection (a) shall not be subject to the 

13 prohibitions of section 922(q) with respect to that hand14 gun. 

15 ‘‘(2) A person possessing or carrying a concealed 

16 handgun in a State under subsection (a) may do so in 

17 any of the following areas in the State that are open to 

18 the public: 

19 ‘‘(A) A unit of the National Park System. 

20 ‘‘(B) A unit of the National Wildlife Refuge 

21 System. 

22 ‘‘(C) Public land under the jurisdiction of the 

23 Bureau of Land Management. 

24 ‘‘(D) Land administered and managed by the 

25 Army Corps of Engineers. 


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1 ‘‘(E) Land administered and managed by the 

2 Bureau of Reclamation. 

3 ‘‘(F) Land administered and managed by the 

4 Forest Service.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 for such chapter is amended by inserting after the item 

7 relating to section 926C the following: 

‘‘926D. Reciprocity for the carrying of certain concealed firearms.’’. 

8 (c) SEVERABILITY.—Notwithstanding any other pro9 vision of this Act, if any provision of this section, or any 

10 amendment made by this section, or the application of 

11 such provision or amendment to any person or circum12 stance is held to be unconstitutional, this section and 

13 amendments made by this section and the application of 

14 such provision or amendment to other persons or cir15 cumstances shall not be affected thereby. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect 90 days after the date of the 

18 enactment of this Act. 

Æ 


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