[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 822 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 822

 To amend title 18, United States Code, to provide a national standard 
 in accordance with which nonresidents of a State may carry concealed 
                         firearms in the State.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 2011

Mr. Stearns (for himself and Mr. Shuler) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide a national standard 
 in accordance with which nonresidents of a State may carry concealed 
                         firearms in the State.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Right-to-Carry Reciprocity 
Act of 2011''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Second Amendment to the Constitution of the United 
        States protects the fundamental right of an individual to keep 
        and bear arms, including for purposes of individual self-
        defense.
            (2) The Supreme Court of the United States has recognized 
        this right in the case of District of Columbia v. Heller, and 
        in the case of McDonald v. City of Chicago, has recognized that 
        the right is protected against State infringement by the 
        Fourteenth Amendment to the Constitution of the United States.
            (3) The Congress has the power to pass legislation to 
        protect against infringement of all rights protected under the 
        Fourteenth Amendment to the Constitution of the United States.
            (4) The right to bear arms includes the right to carry arms 
        for self-defense and the defense of others.
            (5) The Congress has enacted legislation of national scope 
        authorizing the carrying of concealed firearms by qualified 
        active and retired law enforcement officers.
            (6) Forty-eight States provide by statute for the issuance 
        to individuals of permits to carry concealed firearms, or allow 
        the carrying of concealed firearms for lawful purposes without 
        the need for a permit.
            (7) 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.
            (8) The Congress finds that preventing the lawful carrying 
        of firearms by individuals who are traveling outside their home 
        State interferes with the constitutional right of interstate 
        travel, and harms interstate commerce.
            (9) 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.
            (10) The Congress, therefore, should provide for national 
        recognition, in States that issue to their own citizens 
        licenses or permits to carry concealed handguns, of other State 
        permits or licenses to carry concealed handguns.

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:
``Sec. 926D. Reciprocity for the carrying of certain concealed firearms
    ``(a) Notwithstanding any provision of the law of any State or 
political subdivision thereof, related to the carrying or 
transportation of firearms, 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 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 person, that--
            ``(1) has a statute that allows residents of the State to 
        obtain licenses or permits to carry concealed firearms; or
            ``(2) does not prohibit the carrying of concealed firearms 
        by residents of the State for lawful purposes.
    ``(b) A person carrying a concealed handgun under this section 
shall be permitted to carry a handgun subject to the same conditions or 
limitations that apply to residents of the State who have permits 
issued by the State or are otherwise lawfully allowed to do so by the 
State.
    ``(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 or permit issued to a resident of the State.
    ``(d) 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 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.
    (d) Effective Date.--The amendments made by this section shall take 
effect 90 days after the date of the enactment of this Act.
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