[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 38 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 320
115th CONGRESS
  1st Session
                                 H. R. 38

                          [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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            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]


_______________________________________________________________________

                                 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.


 


    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 ``Concealed Carry Reciprocity Act of 
2017''.

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) 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--
            ``(1) has a statute under which residents of the State may 
        apply for a license or permit to carry a concealed firearm; or
            ``(2) does not prohibit the carrying of concealed firearms 
        by residents of the State for lawful purposes.
    ``(b) This section shall not be construed to supersede or limit the 
laws of any State that--
            ``(1) permit private persons or entities to prohibit or 
        restrict the possession of concealed firearms on their 
        property; or
            ``(2) prohibit or restrict the possession of firearms on 
        any State or local government property, installation, building, 
        base, or park.
    ``(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.
    ``(2) 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).
    ``(3) 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.
    ``(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.
    ``(2) The court shall award a plaintiff prevailing in an action 
brought under paragraph (1) damages and such other relief as the court 
deems appropriate, including a reasonable attorney's fee.
    ``(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.
            ``(2) The term `handgun' includes any magazine for use in a 
        handgun and any ammunition loaded into the handgun or its 
        magazine.
    ``(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.
    ``(2) A person possessing or carrying a concealed handgun in a 
State under subsection (a) may do so in any of the following areas in 
the State that are open to the public:
            ``(A) A unit of the National Park System.
            ``(B) A unit of the National Wildlife Refuge System.
            ``(C) Public land under the jurisdiction of the Bureau of 
        Land Management.
            ``(D) Land administered and managed by the Army Corps of 
        Engineers.
            ``(E) Land administered and managed by the Bureau of 
        Reclamation.
            ``(F) Land administered and managed by the Forest 
        Service.''.
    (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.

SEC. 3. RULE OF CONSTRUCTION.

    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)--
                    (A) by striking ``or'' at the end of clause (vi); 
                and
                    (B) by redesignating clause (vii) as clause (ix) 
                and inserting after clause (vi) the following:
            ``(vii) by an off-duty law enforcement officer who is a 
        qualified law enforcement officer (as defined in section 926B) 
        and is authorized under such section to carry a concealed 
        firearm, if the firearm is concealed;
            ``(viii) by a qualified retired law enforcement officer (as 
        defined in section 926C) who is authorized under such section 
        to carry a concealed firearm, if the firearm is concealed; 
        or''; and
            (2) in paragraph (3)(B)--
                    (A) by striking ``or'' at the end of clause (iii);
                    (B) by striking the period at the end of clause 
                (iv) and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(v) by an off-duty law enforcement officer who is a 
        qualified law enforcement officer (as defined in section 926B) 
        and is authorized under such section to carry a concealed 
        firearm; or
            ``(vi) by a qualified retired law enforcement officer (as 
        defined in section 926C) who is authorized under such section 
        to carry a concealed firearm.''.

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:
``Sec. 926E. Interstate carrying of firearms by Federal judges
    ``Notwithstanding any provision of the law of any State or 
political subdivision thereof, a Federal judge may carry a concealed 
firearm in any State if such judge is not prohibited by Federal law 
from receiving a firearm.''.
    (b) Clerical Amendment.--The table of sections for such chapter, as 
amended by section 2(b) of this Act, is amended by inserting after the 
item relating to section 926D the following:

``926E. Interstate carrying of firearms by Federal judges.''.
                                                 Union Calendar No. 320

115th CONGRESS

  1st Session

                                H. R. 38

                          [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