Union Calendar No. 320
115th CONGRESS 1st Session |
[Report No. 115–433]
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.
January 3, 2017
Mr. Hudson (for himself, Mr. Smith of Missouri, Mr. Abraham, Mr. Cuellar, Mr. Gaetz, Mr. Holding, Mr. King of Iowa, Mr. LaMalfa, Mr. Palmer, Mrs. Wagner, Mr. Kinzinger, Mr. Thomas J. Rooney of Florida, Mr. Walker, Mr. Pittenger, Mr. Aderholt, Mr. Carter of Georgia, Mr. Graves of Georgia, Mr. Rogers of Alabama, Mr. Hensarling, Mr. Lamborn, Mr. Cramer, Mr. Cook, Mr. Westerman, Mr. Chabot, Mrs. Walorski, Mr. Mullin, Mr. Palazzo, Mr. Franks of Arizona, Mr. Jody B. Hice of Georgia, Mr. Meadows, Mr. Wenstrup, Mr. Williams, Mr. Smith of Texas, Mr. Huizenga, Mr. Amodei, Mr. Hunter, Mr. Farenthold, Mr. Jenkins of West Virginia, Mr. Emmer, Mr. Roe of Tennessee, Mr. Tipton, Mr. Johnson of Ohio, Mr. DesJarlais, Mrs. Hartzler, Mr. Duncan of South Carolina, Mr. Zeldin, Mr. Yoho, Mr. Sanford, Mr. Brat, Mr. Peterson, Mr. Duffy, Mr. Yoder, Mr. Buchanan, Mr. Cole, Mr. Newhouse, Mr. Turner, Mr. Brooks of Alabama, Mr. Katko, Mr. Ratcliffe, Mr. Hill, Mr. Olson, Mr. Harper, Mr. Buck, and Mr. Diaz-Balart) introduced the following bill; which was referred to the Committee on the Judiciary
December 4, 2017
Additional Sponsors: Mr. Bilirakis, Mr. Dunn, Mr. Bishop of Utah, Mr. Barr, Mr. Latta, Mr. Rouzer, Mrs. Love, Mr. Gosar, Mr. Shimkus, Mr. Grothman, Mr. Bucshon, Mr. Taylor, Mr. Kelly of Pennsylvania, Mrs. Comstock, Mr. Harris, Mr. Perry, Mr. Knight, Ms. Herrera Beutler, Mr. Bost, Mr. Gibbs, Ms. Cheney, Mr. Culberson, Mr. Simpson, Mr. Comer, Mr. Gohmert, Mr. Valadao, Mr. Sessions, Mr. Posey, Mr. Garrett, Mr. McHenry, Mr. Gowdy, Mr. Crawford, Mr. Kelly of Mississippi, Mr. Pearce, Mrs. Black, Mr. Ross, Mr. Rodney Davis of Illinois, Mr. Joyce of Ohio, Mrs. Brooks of Indiana, Mr. Rutherford, Mr. Francis Rooney of Florida, Mr. Budd, Mr. Young of Iowa, Mrs. Noem, Mr. Conaway, Mr. Wilson of South Carolina, Mr. Carter of Texas, Mr. Duncan of Tennessee, Mr. Rokita, Mr. Marshall, Mr. Banks of Indiana, Mr. Renacci, Mr. Hultgren, Mr. Young of Alaska, Mr. Burgess, Mr. Thompson of Pennsylvania, Mr. Mitchell, Mr. Johnson of Louisiana, Mr. Bishop of Michigan, Mr. Walberg, Mr. Collins of New York, Mr. Barletta, Mr. Denham, Mr. Wittman, Mr. Byrne, Mr. Allen, Mr. Stivers, Mr. Womack, Ms. McSally, Ms. Stefanik, Mr. Biggs, Mr. Shuster, Mr. DeSantis, Mr. LaHood, Mr. Luetkemeyer, Mr. Thornberry, Mr. Messer, Mr. Faso, Mr. Smucker, Mr. Kustoff of Tennessee, Ms. Tenney, Mr. Guthrie, Mr. Marchant, Mr. Rothfus, Mr. Sam Johnson of Texas, Mr. Rice of South Carolina, Mr. Hollingsworth, Mr. Jordan, Mr. Babin, Mr. Ferguson, Mr. Brady of Texas, Mr. McKinley, Mr. Higgins of Louisiana, Mr. Mooney of West Virginia, Mr. Marino, Mr. MacArthur, Mr. Fleischmann, Mr. Austin Scott of Georgia, Mr. Moolenaar, Mr. Reed, Mr. Smith of Nebraska, Mr. Murphy of Pennsylvania, Mr. McCaul, Mr. Flores, Mr. Bergman, Mr. Poe of Texas, Mr. Bishop of Georgia, Mr. Weber of Texas, Mr. Stewart, Mr. Lucas, Mr. Chaffetz, Mr. Bridenstine, Mr. Royce of California, Mr. Long, Mr. Loudermilk, Mrs. Blackburn, Mr. Dent, Mr. Blum, Mrs. Roby, Mr. Nunes, Mr. Barton, Mr. McClintock, Ms. Granger, Mr. Labrador, Mrs. Mimi Walters of California, Mr. Arrington, Mr. Poliquin, Mr. Estes of Kansas, Mr. Jones, Mr. Lewis of Minnesota, Mr. Graves of Missouri, Mr. Walden, Mr. Schweikert, Mr. Bacon, Mr. Collins of Georgia, Mr. Rogers of Kentucky, Mr. Coffman, Ms. Jenkins of Kansas, Mr. Gianforte, Mr. Norman, Mr. Trott, Mr. Calvert, Mr. Webster of Florida, Mr. Issa, Mrs. Handel, Mr. Goodlatte, Mr. Davidson, Mr. Gallagher, Mr. Rohrabacher, and Mr. Curtis
December 4, 2017
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 3, 2017]
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,
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:
“(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 machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that—
“(b) This section shall not be construed to supersede or limit the laws of any State that—
“(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.
“(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.
“(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.
“(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.
(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.
Nothing in this Act prohibits a law enforcement officer with reasonable suspicion of a violation of any law from conducting a brief investigative stop in accordance with the Constitution of the United States.
SEC. 4. Certain off-duty law enforcement officers and retired law enforcement officers allowed to carry a concealed firearm, and discharge a firearm, in a school zone.
Section 922(q) of title 18, United States Code, is amended—
(1) in paragraph (2)(B)—
(B) by redesignating clause (vii) as clause (ix) and inserting after clause (vi) the following:
SEC. 5. Interstate carrying of firearms by Federal judges.
(a) In general.—Chapter 44 of title 18, United States Code, as amended by section 2(a) of this Act, is amended by inserting after section 926D the following:
Union Calendar No. 320 | |||||
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[Report No. 115–433] | |||||
A 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. | |||||
December 4, 2017 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union and ordered to be printed |