H.R. 38: Constitutional Concealed Carry Reciprocity Act
This bill, known as the Constitutional Concealed Carry Reciprocity Act, proposes changes to federal law regarding the concealed carry of firearms across state lines. Here’s a breakdown of what the bill aims to do:
Key Provisions
- Legal Authority for Non-Residents: The bill allows individuals from one state to carry concealed firearms in another state, as long as both states allow for concealed carry. Specifically, a person can carry a concealed firearm in any state that has laws permitting its residents to apply for a concealed carry permit or that does not outright prohibit concealed carry by its residents.
- Identification Requirements: To carry a concealed firearm under this bill, individuals must possess a valid photo ID and a concealed carry permit issued by their home state. This ensures that those carrying concealed firearms have the necessary identification to prove their legal right to do so.
- Legal Protections: A person carrying a concealed firearm in accordance with this bill cannot be detained or arrested for violating state laws relating to firearms unless law enforcement has probable cause that the individual is not complying with the law. Valid documentation acts as evidence that the individual is authorized to carry a concealed firearm.
- Defense in Legal Proceedings: If accused of violating state firearm laws while carrying under this bill, the individual can use this law as a defense. The burden of proof is on the prosecution to show that the individual did not meet the terms of the bill.
- Statutory Actions: Individuals who believe they have been unjustly deprived of their rights under this bill can file lawsuits against those responsible, which may include state officials. Courts can award damages and attorney fees to successful plaintiffs.
- Exemptions from State Laws: The bill does not affect state laws that permit private property owners or entities to ban concealed firearms on their premises. It also allows states to maintain prohibitions regarding firearms on state-owned properties, such as government buildings.
- Areas Where Carry is Allowed: The bill specifies that individuals carrying concealed weapons may do so in various public areas, including national parks and wildlife refuges, public lands managed by federal agencies, and other open public spaces.
Effective Date
The proposed changes to the law would take effect 90 days after the bill is enacted, should it pass through the legislative process.
Severability Clause
The bill includes a severability clause, meaning that if any part of the law is found to be unconstitutional, the remaining provisions will still apply.
Relevant Companies
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This is an AI-generated summary of the bill text. There may be mistakes.
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Actions
4 actions
Date | Action |
---|---|
Mar. 25, 2025 | Committee Consideration and Mark-up Session Held |
Mar. 25, 2025 | Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 9. |
Jan. 03, 2025 | Introduced in House |
Jan. 03, 2025 | Referred to the House Committee on the Judiciary. |
Corporate Lobbying
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