possible US Sentate vote on LTCH reciprocity

[SC_Shooter]

NRA-ILA :: URGENT - U.S. Senate To Consider Right-To-Carry Reciprocity Amendment Early Next Week

Please take a look at this legislation that is floating around the Senate. It seems that there may be a vote on it as soon as next week, so calls to our Senators (backed up with e-mails) are definitely in order IF the amendment makes it to the bill. I have an e-mail in to the sponsoring Senators requesting language of their amendment and will post it here if/when I get a response.

This is a link to the bill as it currently stands (defense issues) - S. 1390, the National Defense Authorization Act for Fiscal Year 2010

With any luck, the amendment will be attached and this will pass - helping pave the way for more states to be like Indiana in that they recognize ALL other permits. It would also help prevent an anti-gun AG that may come along in one of those states in the future from issuing an order to stop their state from recognizing other state's permits.

I think there will still be potential problems with reciprocity based on training requirements, etc. but this would at least eliminate states with no training from accepting permits from other states that do not require training, etc.

 

[Principal Skinr]

I'd like a national LTCH permit. I'd love to have it so that I could go into Illinois with my permit and handgun and thumb my nose at their state government.

Normally, I'm a states' rights guy, but the right to bear arms is explicit in the Constitution.

 

[Ramen]

I'd like a national LTCH permit. I'd love to have it so that I could go into Illinois with my permit and handgun and thumb my nose at their state government.

Normally, I'm a states' rights guy, but the right to bear arms is explicit in the Constitution.

A national LTCH is a great way to get all of our guns registered with our Federal (or is that National now? ) government. No thank you!

The right to bear arms is not explicit in the Constitution. The right is inherent, the Constitution states that it can not be infringed upon.

We shouldn't support this. This is just an excuse to infringe upon our inherent right to self defense and to bear arms.

I should not need permission from the state to defend myself. The Bill of Rights protects my inherent right to bear arms from infringement. Having to get a permit or a license to do that is an infringement. Not being able to cross a state line is an infringement.

More and more I get tired of the NRA's "lets make a deal" stance and I think I will lend my financial support to GOA.

I understand "one step at a time." But I worry that we will get to a point where we become complacent and accept these mild forms of gun control, only to let the anti-gunners regain power.

 

[tenring]

SEC. 1083. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS. (a) Findings.--Congress finds the following:
(1) The second amendment to the Constitution of the United States protects the right of an individual to keep and bear arms, including for purposes of individual self-defense.
(2) The right to bear arms includes the right to carry arms for self-defense and the defense of others.
(3) Congress has previously enacted legislation for national authorization of the carrying of concealed firearms by qualified active and retired law enforcement officers.
(4) Forty-eight States provide by statute for the issuance of permits to carry concealed firearms to individuals, or allow the carrying of concealed firearms for lawful purposes without need for a permit.
(5) The overwhelming majority of individuals who exercise the right to carry firearms in their own States and other States have proven to be law-abiding, and such carrying has been demonstrated to provide crime prevention or crime resistance benefits for the licensees and for others.
(6) Congress finds that the prevention of lawful carrying by individuals who are traveling outside their home State interferes with the constitutional right of interstate travel, and harms interstate commerce.
(7) Among the purposes of this Act is the protection of the rights, privileges, and immunities guaranteed to a citizen of the United States by the fourteenth amendment to the Constitution of the United States.
(8) Congress therefore should provide for the interstate carrying of firearms by such individuals in all States that do not prohibit the carrying of concealed firearms by their own residents.
(b) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:``§926D. Reciprocity for the carrying of certain concealed firearms
``(a) Notwithstanding any provision of the law of any State or political subdivision thereof--
``(1) a person 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 person to carry a concealed firearm, may carry a concealed firearm in any State other than the State of residence of the person 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;
``(2) a person 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 to carry a concealed firearm in the State in which the person resides otherwise than as described in paragraph (1), may carry a concealed firearm in any State other than the State of residence of the person 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) A person carrying a concealed firearm under this section shall--
``(1) in a State that does not prohibit the carrying of a concealed firearms by residents of the State for lawful purposes, be entitled to carry such firearm subject to the same laws and conditions that govern the specific places and manner in which a firearm may be carried by a resident of the State; or
``(2) in a State that allows residents of the State to obtain licenses or permits to carry concealed firearms, be entitled to carry such a firearm subject to the same laws and conditions that govern specific places and manner in which a firearm may be carried by a person issued a permit by the State in which the firearm is carried.
``(c) 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, a firearm shall be carried according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State.
``(d) Nothing in this section shall be construed to--
``(1) effect the permitting process for an individual in the State of residence of the individual; or
``(2) preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms.''.
(c) Clerical Amendment.--The table of sections for chapter 44 of title 18 is amended by inserting after the item relating to section 926C the following:

``926D. Reciprocity for the carrying of certain concealed firearms.''.

(d) 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.
(e) Effective Date.--The amendments made by this section shall take effect 90 days after the date of enactment of this Act.

 

[agentl074]

This is interesting....

— Courtesy of NRA/ILA

Under the Thune-Vitter amendment, an individual who has met the requirements for a carry permit, or who is otherwise allowed by his home state's state law to carry a firearm, would be authorized to carry a firearm for protection in any other state that issues such permits, subject to the laws of the state in which the firearm is carried.

Contrary to "states' rights" claims from opponents who usually favor sweeping federal gun control, the amendment is a legitimate exercise of Congress's constitutional power to protect the fundamental rights of citizens (including the right to keep and bear arms and the right of personal mobility). States would still have the authority to regulate the time, place and manner in which handguns are carried (nraila.org).

This is a legal execution of the 2nd Amendment. The only thing better than this is a full recognition of the right to carry for U.S. Citizens without a permit.

 

[Brown]

I travel extensively in the NE quarter of the US and a national right to carry law would suit me well. it is a real pain to go from state to state carrying in some states and unloading/disarming in others.

 

[mrjarrell]

I travel extensively in the NE quarter of the US and a national right to carry law would suit me well. it is a real pain to go from state to state carrying in some states and unloading/disarming in others.

That wouldn't change, as I read it. In places like Illinois and NY you'd still be forbidden to carry.

 

[SC_Shooter]

That wouldn't change, as I read it. In places like Illinois and NY you'd still be forbidden to carry.

That's how I'm reading it too - unfortunately. Maybe there will be something else if I get a response from either of the co-authors.

 

[Rookie]

Doesn't New York issue permits to rich people? If so, they would have to recognize other permits, wouldn't they?

 

[Joe Williams]

This is interesting....

— Courtesy of NRA/ILA



This is a legal execution of the 2nd Amendment. The only thing better than this is a full recognition of the right to carry for U.S. Citizens without a permit.

Read the law carefully, and you'll see that you get your wish for residents of states that do not require permits. If you state allows CCW without a permit, you are legal nationwide... without a permit. Just another small step toward reasserting the Constitution as the law of our land.

 

[danmrt868]

That wouldn't change, as I read it. In places like Illinois and NY you'd still be forbidden to carry.

True but I bet it wouldn't take long for that to change.

 

[Glockster]

Emails sent to Bayh and Lugar.

This amendment appears to apply to concealed carry only (not OC), right?

 

[mrjarrell]

True but I bet it wouldn't take long for that to change.

Based on what? There are no movements in their legislatures to make CC or OC legal. You honestly think Daly and Bloomberg are going to change their stances?

 

[Farmritch]

Does this mean my Drivers license has reciprocity?
Iv'e never seen that questioned
An Interesting note from South Carolina law if I drive there and my plates are expired they can not issue a citation for expired plates ( or tags as they call them there ) as the South Carolina Courts have declared that they have no right to enforse another states laws. Sorry to take this turn in the road, but I thought it was related in a twisted kinda way

 

[hotfarmboy1]

It would be nice to drive to other states that currently don't honor my permit and be able to carry. Esp ones like Ill and Ohio since I have family that lives there. And my sister is out in Seattle, WA. so it would be nice to be able to carry whenever I can get out there to see her as well.

 

[Capn Blanc]

I'd like a national LTCH permit. I'd love to have it so that I could go into Illinois with my permit and handgun and thumb my nose at their state government.

Normally, I'm a states' rights guy, but the right to bear arms is explicit in the Constitution.

Nope! That's too much power for the Feds.Do you want that bunch of foreigners currently squatting in the White House deciding on who gets a permit ?

 

[agentl074]

I was skeptical too until I read the article. Nothing changes with the permits.... the only thing that changes is that other states have to accept all permits.

 

[cce1302]

I hope it passes. Yeah, it's a lot like a driver's license. The Feds don't tell the states how old people have to be to get a driver's license, or what sort of training they have to attend, or how much money they have to pay, or how their vehicle must be registered or inspected. All that they require is that the states recognize licenses from all the other states.

 

[finity]

It would be nice to drive to other states that currently don't honor my permit and be able to carry. Esp ones like Ill and Ohio since I have family that lives there. And my sister is out in Seattle, WA. so it would be nice to be able to carry whenever I can get out there to see her as well.

You still wouldn't be able to carry in Illinois. They don't issue permits or otherwise allow CC. The requirements of the law would be that the state has to issue CC permits for this to be valid there. Wisconsin would be a no-go, also.

Ohio would be good though.

 

[melensdad]

Here are some updates on the progress of this bill.

Yes, when you get to the bottom of this post you will be angry. The Brady Bunch is calling us all 'dangerous' people because we choose to be responsible for our own safety and the safety of our families.

From the NRA:

The U.S. Senate is now considering the National Defense Authorization Act (S. 1390). As a part of the consideration of that legislation, Senators John Thune (R-SD) and David Vitter (R-LA) will offer an amendment on Monday to provide for interstate recognition of Right-to-Carry permits. There is a very high likelihood of a Senate floor vote on this important and timely pro-gun reform on Monday or Tuesday.

While the right to possess firearms for self-defense within the home has long been respected under the law, for most of our nation’s history, state and local governments have prohibited ordinary citizens from possessing firearms for self-defense in many settings outside the home. Recently, however, most state legislatures have taken steps to reduce those restrictions. In the last twenty years, the number of states that respect the right to carry has risen from 10 to 40 — an all-time high.​

From GeorgiaCarry.Org:

Gun Owners of America is reporting that federal Senate bill S. 845, which would establish concealed carry reciprocity between the states, could get a vote as early as TODAY! Accordingly, your urgent action is needed right now.

The vote could attach S. 845 as an amendment to a Department of Defense authorization bill, H.R. 2647. S. 845 It is based on the “full faith and credit” clause in the Constitution and would allow you to carry in any state that allows citizens to carry concealed as long as your home state would let you carry concealed! This would permit you, as a resident of Georgia, to carry concealed in every state but Illinois and Wisconsin (neither have any legal way for citizens to carry concealed handguns).​

The actual text:

A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is carrying a valid license or permit which is issued pursuant to the law of any State and which permits the person to carry a concealed firearm, may carry a concealed firearm in accordance with the terms of the license or permit in any State that allows its residents to carry concealed firearms, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.​

BTW, The Brady Campaign is sending emails telling people that this is a “dangerous bill” that would permit “dangerous people” to carry firearms “in your state.”