[Congressional Record Volume 168, Number 106 (Wednesday, June 22, 2022)]
[Senate]
[Page S3081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5104. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 5099 proposed by Mr. Schumer (for Mr. Murphy (for himself,
Mr. Cornyn, Ms. Sinema, and Mr. Tillis)) to the bill S. 2938, to
designate the United States Courthouse and Federal Building located at
111 North Adams Street in Tallahassee, Florida, as the ``Joseph Woodrow
Hatchett United States Courthouse and Federal Building'', and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. 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 machine gun 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.
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