Concealed Carry Reciprocity Act
Bill: H.R.38 | Sponsor: Rep. Hudson, Richard (R-NC)
Policy area: Crime and Law Enforcement

Summary:
Concealed Carry Reciprocity Act
This bill establishes a federal statutory framework to regulate the carry or possession of concealed firearms across state lines.
Specifically, an individual who is eligible to carry a concealed firearm in one state may carry or possess a concealed handgun (other than a machine gun or destructive device) in another state that allows its residents to carry concealed firearms.
It sets forth requirements for the lawful concealed carry across state lines. The bill preempts most state and local laws related to concealed carry and establishes a private right of action for a person adversely affected by interference with a concealed-carry right established by this 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''.

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 machine gun 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.
            ``(F) Land administered and managed by the Forest 
        Service.''.
    (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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