[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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