Concealed Carry Reciprocity Act, Written by Idiots?

The Concealed Carry Reciprocity Act (HR 38) is a terribly written law; like kindergartner with a crayon bad.

One can only reasonably assume that whoever drafted it was trying to end-run highly restrictive and no-issue states by sneaking in language that quite arguably could be understood to allow residents of a state like California to carry in California on a non-resident CCW. In one fell, Congressional stroke, the anti-2A state concealed carry bans fall down. While a Supreme Court in on the plan might wink, nod, and go along with the plain interpretation of the law, the Court we do have would probably interpret legislative intent to treat CCWs like driver licenses, if they upheld it at all.

There is language that is supposed to prevent non-residents from being harassed by local police, but instead of being reasonable, it could be construed to prohibit all but a few selective regulations. These objections are discussed in this post.

HR 38 is the wrong approach. Congress can do two things: 1, regulate how states treat the citizens of other states, and 2, enforce laws to prevent civil rights violations. The Constitution requires that every state treat residents and non-residents alike (insofar as its actually possible). Self-defense and the right to keep and bear arms is a civil right.

Congress cannot invalidate state laws by saying that under Federal law, it's okay, according to the Commerce Clause of the Constitution, which HR 38 is claiming is its ability to make this law.

The Commerce Clause is to regulate interstate commerce, basically to keep states from doing stupid things like banning out-of-state truckers so in-state trucking companies can have a monopoly. States would go to war with each other if California required a Texas truck driver to drop his trailer in Truckee or Primm so some guy from Bakersfield could haul it.

Take driver license reciprocity as an example. Imagine some states issue licenses, some don't, and some only issue them to billionaires' chauffeurs and only a handful of states consider your out-of-state license as valid—sorta like CCWs are.

You can take a road trip across the county, but only if you detour around New York, New Jersey, Illinois, and visit the Pacific Ocean in Oregon instead of California. Kinda hurts tourism if you do that, right? Especially if Montana won't recognize your Florida license because they don't have some sort of test question about driving in the snow.

Instead of Congress saying "Every state will recognize as valid any non-resident's driver license," Congress says "You can drive in any state as long as you have a driver license from any state." In the latter approach, it's still illegal to drive in The Pedestrian State, but Congress is saying you can.

What happens is that The Pedestrian State doesn't care, you get arrested, your car towed, and you have to fight the case all the way to the Supreme Court. Just like Mom saying "no," Dad saying "yes," and you getting spanked by Mom anyway because Grandma and Grandpa won't hear your appeal.

Sure, the Senate could pass the law, Trump could sign it, and it could work out, with or without a lot of lawsuits. In that case, it would be Congress simply saying "We have the power to do this and so we're going to do it." Power is a dangerous way to accomplish things and unconstitutional. It's a bully's tactic.

Now I don't have a problem with Congress telling the anti-gun states to pound sand, but they need to do it in a constitutional manner. Congress has the ability to correct civil rights violations like denial of the right to bear arms and it’s time that they treat the RKBA as a civil right.

Congress should use its power under the 14^th Amendment to stop states from infringing on the 2^nd Amendment. Section 5 of the 14th Amendment gives Congress the ability to pass legislation to enforce the provisions of the amendment, namely from Section 1: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Congress needs to recognize that self-defense is essential to protect “life, liberty, and property” and that denying non-residents from carrying legally, as well as practically no-issue policies disarming citizens in the state, that states like CA, HI, NJ, and NY need to be treated like ex-slave states in the late 1860s. Such an approach has a much better chance of withstanding judicial scrutiny.

So whoever wrote the text of the CCRA, you suck and you are stupid. A new bill needs written, which I will include, fresh from my brain, that makes the following changes: 

• Forces states to recognize non-resident CCWs like out-of-state drive licenses;
• Does not preempt local laws;
• Adds “our state, our rules” concealed carry language;
• Removes all carry prohibitions from federal recreation areas (like the Red Rock loaded gun ban); and
• Exempts open carry, where legal, from the Gun Free School Zones Act. 

The language I wrote refers to the 2^nd and 14^th Amendment which gives Congress all the authority it needs. For nervous Congress critters, I put in “handgun” instead of “firearm,” which conjures in the minds of morons someone hiding an AK under his trench coat. Likewise, I’ve struck out concealed where it can be dropped to refer to open or concealed carry, as it should be your choice how to carry.

Anyhow, here’s to the off-chance someone with pull in The Gun Lobby™ or Congress sees this.

SECTION 1. SHORT TITLE.

This Act may be cited as the “Improved Concealed Carry Reciprocity Act of 2017”.

SECTION 1. AUTHORITY

Whereas the Second Amendment to the Constitution guarantees the right to keep and bear arms and the Fourteenth Amendment to the Constitution provides that:

"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Many States deny the ability of non-residents to legally carry a handgun; and

Congress, having the power to make all laws which shall be necessary and proper for carrying into execution the powers vested by this Constitution, provides a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State.

SEC. 3. 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:

§ 926D. Reciprocity for the carrying of certain concealed firearms

(a)        Every State, that has a statute under which residents of the State may apply for a license or permit to carry a concealed handgun, shall not infringe upon the right to keep and bear arms by residents of other States by:

(1)   Considering as valid any license or permit issued by a State that permits by a person to carry a concealed handgun; or,
(2)   Not prohibiting any resident of a State having no statute under which residents may apply for a license or permit to carry a concealed handgun from carrying a concealed handgun.

(b)       Nothing in this section shall be construed to permit a resident of a State to carry a handgun in the State in which he or she resides upon a license or permit issued by another State nor without a license or permit if such is required by the State in which he or she resides.

(c)        This section shall not be construed to supersede or limit the laws of any State regulate the place, time, or manner in which concealed handguns may be carried except every State, with respect to carrying of a concealed handgun, shall not abridge the privileges or immunities of citizens of other States and shall not deny to any person, who is not a resident of that State, within its jurisdiction the equal protection of any that regulates the carrying of a concealed handgun.

(1)   When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsections (a) and (b).
(2)   When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee.
(3)   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.
(4)   The court shall award a plaintiff prevailing in an action brought under paragraph (3) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee.

(d)       Nothing in this section shall affect the provisions of Section 926A of title 18, United States Code, The Handguns Owners’ Protection Act.

(e)        A person carrying a handgun under the provisions of this section or openly in conformance with all State statutes or regulations shall be deemed to be in compliance with the exemption granted by Section 922(q)(B)(ii) of title 18, United States Code.

(f)        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.
(1)   A person who carries or possesses a concealed handgun in accordance with this section shall:
A.    Carry a valid identification document containing a photograph of the person and issued by, or stating, the person’s State of residence; and,
B.     If a resident of a State that has a statute under which residents of the State may apply for a license or permit to carry a concealed handgun, carry a valid license or permit to carry a concealed handgun.
(2)   Presentation of a facially valid identification document containing a photograph and address of a person who is a resident of a State having no statute under which residents may apply for a license or permit to carry a concealed handgun is prima facie evidence that the individual shall be granted the privilege and immunity of subsection (a)(2) of this section.

(g)        A person possessing or carrying a loaded or unloaded handgun in a State may do so, if the possession of the handgun is in compliance with the law of the State, in any of the following areas in the State that are open to the public:

(1)   A unit of the National Park System.
(2)   A unit of the National Wildlife Refuge System.
(3)   Public land under the jurisdiction of the Bureau of Land Management.
(4)   Land administered and managed by the Army Corps of Engineers.
(5)   Land administered and managed by the Bureau of Reclamation.
(6)   Land administered and managed by the Forest Service.