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Thread: Cornyn Introduces Constitutional Concealed Carry Reciprocity Act

  1. #1
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    Cornyn Introduces Constitutional Concealed Carry Reciprocity Act

    Here's the text as it was read into the CR.
    Interestingly, as I read it....
    -- If I'm carrying an STI or other firearm made in Texas, I would not be covered by this act. (Government. LOL)
    -- Residents of "Constitutional Carry" States would not need a permit to carry in other States.


    S. 498
    https://www.congress.gov/congression...article/S985-1

    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Constitutional Concealed
    Carry Reciprocity Act of 2015''.

    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) In General.--Notwithstanding any provision of the law
    of any State or political subdivision thereof to the
    contrary--
    ``(1) an individual who is not prohibited by Federal law
    from possessing, transporting, shipping, or receiving a
    firearm, and who is carrying a government-issued photographic
    identification document and a valid license or permit which
    is issued pursuant to the law of a State and which permits
    the individual to carry a concealed firearm, may possess or
    carry a concealed handgun (other than a machinegun or
    destructive device) that has been shipped or transported in
    interstate or foreign commerce in any State other than the
    State of residence of the individual that--
    ``(A) has a statute that allows residents of the State to
    obtain licenses or permits to carry concealed firearms; or
    ``(B) does not prohibit the carrying of concealed firearms
    by residents of the State for lawful purposes; and
    ``(2) an individual who is not prohibited by Federal law
    from possessing, transporting, shipping, or receiving a
    firearm, and who is carrying a government-issued photographic
    identification document and is entitled and not prohibited
    from carrying a concealed firearm in the State in which the
    individual resides otherwise than as described in paragraph
    (1), may possess or carry a concealed handgun (other than a
    machinegun or destructive device) that has been shipped or
    transported in interstate or foreign commerce in any State
    other than the State of residence of the individual that--
    ``(A) has a statute that allows residents of the State to
    obtain licenses or permits to carry concealed firearms; or
    ``(B) does not prohibit the carrying of concealed firearms
    by residents of the State for lawful purposes.
    ``(b) Conditions and Limitations.--The possession or
    carrying of a concealed handgun in a State under this section
    shall be subject to the same conditions and limitations,
    except as to eligibility to possess or carry, imposed by or
    under Federal or State law or the law of a political
    subdivision of a State, that apply to the possession or
    carrying of a concealed handgun by residents of the State or
    political subdivision who are licensed by the State or
    political subdivision to do so, or not prohibited by the
    State from doing so.
    ``(c) Unrestricted License or Permit.--In a State that
    allows the issuing authority for licenses or permits to carry
    concealed firearms to impose restrictions on the carrying of
    firearms by individual holders of such licenses or permits,
    an individual carrying a concealed handgun under this section
    shall be permitted to carry a concealed handgun according to
    the same terms authorized by an unrestricted license of or
    permit issued to a resident of the State.
    ``(d) Rule of Construction.--Nothing in this section shall
    be construed to preempt any provision of State law with
    respect to the issuance of licenses or permits to carry
    concealed firearms.''.
    (b) Clerical Amendment.--The table of sections for chapter
    44 of title 18, United States Code, 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 Act, or any amendment made
    by this Act, or the application of such provision or
    amendment to any person or circumstance is held to be
    unconstitutional, this Act and amendments made by this Act
    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 Act shall
    take effect 90 days after the date of enactment of this Act.
    "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776

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    NRA-ILA has good article on it. Would be a great change from the reciprocity confusion that is out there.
    “The current patchwork of state and local laws is confusing for even the most conscientious and well-informed concealed carry permit holders. This confusion often leads to law-abiding gun owners running afoul of the law when they exercise their right to self-protection while traveling or temporarily living away from home,” said Chris W. Cox, executive director of the NRA-ILA. “Senator Cornyn’s legislation provides a much needed solution to a real problem for law-abiding gun owners.”

    https://www.nraila.org/articles/2015...l-in-us-senate

  3. #3
    I obviously haven't had enough coffee this AM to make heads or tail of all the run-on grammatically incorrect sentences. Seems like he wants universal reciprocity. AKA a Vermont resident could carry legally in TX so long as he obeys the laws of TX. Not sure why there is mention of a government issue license if that's the case. Still doesn't cover someone took through NJ or someone no go zone, but small steps I guess.

  4. #4
    Member TGS's Avatar
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    You would be able to carry a handgun produced in your state. It would just have to be shipped in interstate commerce, first. So, buy it from an out of state gun shop and have it shipped to your local FFL. Boom...done.

    That wording is meant to disqualify the use of home made guns.

    Quote Originally Posted by TAZ View Post
    Still doesn't cover someone took through NJ or someone no go zone, but small steps I guess.
    Why wouldnt it? NJ has a may issue process for residents to obtain a CCW permit for lawful purposes. Unless I missed something else, that qualifies according to this bill.
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

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    Quote Originally Posted by TGS View Post
    NJ has a may issue process for residents to obtain a CCW permit for lawful purposes. Unless I missed something else, that qualifies according to this bill.
    That's the way I read it too...
    IIRC, all 50 States now have some sort of license, whether it be "Constitutional", may or shall issue.
    This Bill would allow an AZ resident to use their AZ drivers license (or AZ CHL) as proof of "permission" in NY.

    may possess or
    carry a concealed handgun (...snip....) in any State other than the
    State of residence of the individual that--
    ``(A) has a statute that allows residents of the State to
    obtain licenses or permits to carry concealed firearms; or
    ``(B) does not prohibit the carrying of concealed firearms
    by residents of the State for lawful purposes; and
    Residents of "May Issue" States are still screwed....
    in any State other than the
    State of residence of the individual that--
    "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776

  6. #6
    Site Supporter Tamara's Avatar
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    Quote Originally Posted by RoyGBiv View Post
    Interestingly, as I read it....
    -- If I'm carrying an STI or other firearm made in Texas, I would not be covered by this act. (Government. LOL)
    And do you know why that part is in there?

    Come on, we all call ourselves big fans of the Constitution, now. There's a reason.
    Books. Bikes. Boomsticks.

    I can explain it to you. I can’t understand it for you.

  7. #7
    Quote Originally Posted by Tamara View Post
    And do you know why that part is in there?

    Come on, we all call ourselves big fans of the Constitution, now. There's a reason.
    I would argue that the person's very presence in the other state is interstate commerce, thus requiring that the gun be purchased via interstate commerce is pretty pointless.

    And for this act to apply the person would be from another state, thus his gun crossed state lines at some point. Unless we are talking a world after the recent handgun transfer case is upheld nationally, and he just purchased that gun in Texas.

  8. #8
    Quote Originally Posted by PPGMD View Post
    I would argue that the person's very presence in the other state is interstate commerce, thus requiring that the gun be purchased via interstate commerce is pretty pointless.

    And for this act to apply the person would be from another state, thus his gun crossed state lines at some point. Unless we are talking a world after the recent handgun transfer case is upheld nationally, and he just purchased that gun in Texas.
    Before we get bogged down debating minutae, how would we ensure anti-gun districts actually abide by it?I can see New York approaching national reciprocity the same way they have the FOPA ;

    " No local permit? Ya under arrest. Tell yah ' Reciprosssiddy' story to thah Judge."
    The Minority Marksman.
    "When you meet a swordsman, draw your sword: Do not recite poetry to one who is not a poet."
    -a Ch'an Buddhist axiom.

  9. #9
    Member TGS's Avatar
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    Quote Originally Posted by GardoneVT View Post
    Before we get bogged down debating minutae, how would we ensure anti-gun districts actually abide by it?I can see New York approaching national reciprocity the same way they have the FOPA ;

    " No local permit? Ya under arrest. Tell yah ' Reciprosssiddy' story to thah Judge."
    Yup.

    Most of the local cops in my area probably wouldnt care. The NJSP could practically make "Befehl ist befehl" their motto, however. So I wouldnt want to be a test case with them.
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

  10. #10
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    Quote Originally Posted by Tamara View Post
    And do you know why that part is in there?

    Come on, we all call ourselves big fans of the Constitution, now. There's a reason.
    Yes. I wasn't griping about it... Just pointing it out from a "that's interesting" perspective.
    Also, it's a nice contrast to this.... http://www.newsmax.com/Newsfront/hol.../02/id/502586/
    "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776

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