[Congressional Record Volume 142, Number 105 (Wednesday, July 17, 1996)]
[Extensions of Remarks]
[Page E1310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       IMPROVEMENTS TO H.R. 2634

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                           HON. CLIFF STEARNS

                               of florida

                    in the house of representatives

                        Wednesday, July 17, 1996

  Mr. STEARNS. Mr. Speaker, on November 14, 1995, I introduced H.R. 
2634, a bill to allow persons to carry concealed firearms in every 
State if they have been issued a license to do so by any State. It was 
referred to the House Committee on the Judiciary and subsequently 
referred to Subcommittee on Crime.
  H.R. 2634 provided that a person with a permit to carry a concealed 
firearm in one State may carry a concealed firearm in any State ``in 
accordance with the terms of the license.'' This meant that a person 
with a license from State A could carry in State B according to the 
rules of State A. Therefore, individuals' rights and privileges would 
differ in the same State depending on their State of origin. For 
example, a person licensed in State A traveling to State B would be 
able to exercise different privileges in State B than an individual 
licensed in State C who was traveling to State B, as well. This 
language would require law enforcement officers to know the right-to-
carry laws of all 50 States because individuals licensed in different 
States would be allowed to carry in their State under varying laws.
  To address the above mentioned problems, I have introduced the new 
Stearns right-to-carry bill, which is designed to facilitate its 
implementation by allowing (a) that the law of each State governs 
conduct within the State where the State has a right-to-carry statute; 
and (b) that Federal law provide a bright-line standard of conduct 
applicable to States that do not have a right-to-carry statute.
  Under the new Stearns bill, if State A has a right-to-carry statute, 
an individual's conduct who was licensed in State B would be governed 
by the right-to-carry laws of State A while he was traveling with State 
A. Therefore, if State A imparts more privileges upon individual 
licensed to carry than State B, then the individual licensed in State B 
would be governed by the right to carry laws of State A while he was in 
State A.
  The individual licensed in State B would also be in compliance with 
the law if he carried in State C with no right-to-carry statute 
pursuant to the Federal bright-line standard. The Federal bright-line 
standard governing those States with no right-to-carry statute would 
solve the problem of States with no carry licenses and thus no 
standards. This Federal bright-line standard governs conduct only, 
meaning it governs where one may not carry a concealed firearm 
notwithstanding the fact that they have a license to carry. It is 
intended to make clear that an individual may not carry a concealed 
firearm in certain highly sensitive locations such as court rooms, 
police stations, schools, and other locations.
  The Federal bright-line standard is not a licensing mechanism. 
Licenses to carry would still need to be lawfully obtained from a State 
which has a licensing mechanism.
  Precedent already exists for Federal standards which preempt State 
law in this area. Title 15 United States Code, section 902 provides 
that members of armored car crews with licenses to carry issued by a 
State ``shall be entitled to lawfully carry any weapons to which such 
license relates in any State while such crew member is acting in the 
service of such company.''
  A Federal standard governs the conduct of nonresidents in those 
States that do not have a right-to-carry statute. However, States that 
do have their own right-to-carry statutes can be assured that their 
State laws will be respected by nonresidents who are within their 
borders. This legislation greatly benefits and protects this Nation's 
every increasingly mobile society. I believe citizens have the right to 
protect themselves and their families anywhere in America. It does not 
make sense for Americans to forfeit their safety because they happen to 
be on vacation or on a business trip.
  However, if the law of a given State explicitly allows licensee's to 
carry in some places not authorized in the Federal standard, it 
certainly makes no sense for the nonresident to be in violation while 
the resident would not be held in violation. The new Stearns bill would 
authorize the carrying of a concealed firearm by a licensee if the 
licensees conduct meets the conditions of the State law through which 
the nonresident is traveling or if their conduct meets the Federal 
bright-line rule.
  I also added language to address the concerns of the law enforcement 
community. The new bill exempts qualified current and former law 
enforcement officers from State laws prohibiting the carrying of 
concealed handguns.
  I urge all of the cosponsors of my first bill, H.R. 2634 to cosponsor 
this newly drafted and much improved concealed weapons reciprocity 
bill.

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