Constitutional Concealed Carry Reciprocity

Summary#

This bill adds a new Section 926D to chapter 44 of Title 18, U.S. Code. It says that a person who is not barred by federal law from having a gun, who carries a photo ID and a valid state license or permit to carry a concealed firearm, may carry a concealed handgun (not a machine gun or destructive device) in any State that either (1) has a law letting its residents apply for a concealed-carry license or permit, or (2) does not prohibit residents from carrying concealed firearms for lawful purposes.

The bill preserves state and private limits that let private people or businesses ban concealed firearms on their property and lets States ban firearms on State or local government property. Showing a facially valid photo ID and permit is prima facie evidence that the person meets the rule. If a person uses this section as a defense in criminal court, the prosecution must prove beyond a reasonable doubt that the person did not meet the section's conditions. If the defense succeeds, the court must award the defendant reasonable attorney's fees.

The bill creates a private right of action for people deprived of rights under this section by state or local officials. A successful plaintiff can get damages and reasonable attorney's fees. The bill defines "identification document" and says the word "handgun" includes magazines and ammunition. It says people covered by this section are not subject to section 922(q). It also expressly allows covered persons to carry concealed handguns in public areas of certain federal lands and facilities open to the public (for example, units of the National Park System, National Wildlife Refuges, BLM lands, Army Corps lands, Bureau of Reclamation lands, and Forest Service lands). The change takes effect 90 days after the bill becomes law and contains a severability clause.

What it means for you#

  • If you are a nonresident who holds a valid concealed-carry license or permit and a photo ID, this bill would let you carry a concealed handgun in other States that meet the bill's conditions.
  • You must carry the permit and photo ID. If you present those documents, they are treated as prima facie proof that you are allowed to carry.
  • Private property owners and State or local governments can still ban or restrict concealed firearms on their property.
  • If charged under a State firearms rule, you can assert this federal section as a defense; the government must prove beyond a reasonable doubt that you did not meet the section's requirements. If you win, the court must award your attorney's fees.
  • The bill also allows covered persons to carry on certain federal public lands that are open to the public.

Expenses#

No publicly available information on estimated federal budgetary costs or savings is included in the bill text or metadata. The bill does require courts to award reasonable attorney's fees to: (1) defendants who successfully assert the section as a defense in criminal proceedings, and (2) plaintiffs who prevail in civil actions brought under the section. The bill also authorizes damages in civil actions for rights violations.

Proponents' View#

The bill's stated purpose in its text is to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State.

Opponents' View#

No publicly available information in the bill text or metadata describes opposing views or arguments.