[House Report 112-283]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-283

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 PROVIDING FOR CONSIDERATION OF THE BILL (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

                                _______
                                

 November 14, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Nugent, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 463]

    The Committee on Rules, having had under consideration 
House Resolution 463, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 822, the 
National Right-to-Carry Reciprocity Act of 2011. The resolution 
provides one hour of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on the Judiciary. The resolution waives all points of 
order against consideration of the bill. The resolution 
provides that the amendment in the nature of a substitute 
recommended by the Committee on the Judiciary now printed in 
the bill shall be considered as original text for the purpose 
of amendment and shall be considered as read. The resolution 
waives all points of order against the committee amendment in 
the nature of a substitute. The resolution makes in order only 
those amendments printed in this report. Each such amendment 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question. The 
resolution waives all points of order against the amendments 
printed in this report. Finally, the resolution provides one 
motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 822, the Committee is not aware of any 
points of order. The waiver of all points of order is 
prophylactic in nature.
    The waiver of all points of order against the committee 
amendment in the nature of a substitute includes a waiver of 
clause 7 of rule XVI, prohibiting the consideration of non-
germane amendments, because the Committee on the Judiciary 
adopted an amendment not germane to the introduced bill during 
the Judiciary Committee mark-up on October 25, 2011.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 149

    Motion by Mr. McGovern to report an open rule. Defeated: 3-
8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Mr. McGovern......................          Yea
Ms. Foxx........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Polis.........................          Yea
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 150

    Motion by Mr. Hastings of Florida to make in order and 
provide the necessary waivers for amendment #12, offered by 
Rep. Nadler (NY), which would prohibit a person known or 
suspected to be a terrorist from possessing or carrying a 
concealed firearm under the bill; and amendment #8, offered by 
Rep. Bishop (NY), which would direct the GAO to study the 
number of jobs created by enacting the bill. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Mr. McGovern......................          Yea
Ms. Foxx........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Polis.........................          Yea
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Woodall (GA): Would protect the rights of states that 
already have reciprocal agreements in place for the concealed 
carry of firearms to continue enforcing those preexisting 
agreements. (10 minutes)
    2. McCarthy, Carolyn (NY): Would specify that the 
legislation can only go into effect in states that have passed 
legislation enacting the bill. (10 minutes)
    3. Hastings, Alcee (FL): Would exempt states from issuing a 
carry permit on the basis of state reciprocity which do not 
require individuals to apply for and complete a carry permit 
application at their local law enforcement station. (10 
minutes)
    4. Jackson Lee (TX): Would require a state to create a 
comprehensive database that would contain all permits and 
licenses issued by the State for carrying a concealed weapon 
and would make this comprehensive database available to law 
enforcement officers from all states 24 hours a day. (10 
minutes)
    5. Conyers (MI): Would preserve state laws with respect to 
eligibility for concealed-carry. (10 minutes)
    6. Johnson, Hank (GA): Would require the possession or 
carrying of a concealed handgun in a state to be subject to 
that state's law regarding concealed carry in regards to 
firearm safety training that includes live-fire exercise. (10 
minutes)
    7. Cohen (TN): Would exempt from the bill any State law 
requiring a person to be at least 21 years of age to possess or 
carry a concealed handgun. (10 minutes)
    8. Jackson Lee (TX): Would require a person provide at 
least 24 hours notice to a law enforcement officer of the State 
of the intention to possess or carry a concealed handgun in the 
State (10 minutes)
    9. Cicilline (RI): Would limit the bill from taking effect 
in a state until the State Attorney General, head of the State 
police, and the Secretary of State have jointly certified that 
the other state's carry laws are substantially similar to its 
own licensing or permitting requirements. (10 minutes)
    10. Reichert (WA): Would require a GAO study on the ability 
of state and local law enforcement authorities to verify the 
validity of out-of-state concealed firearms permits. (10 
minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Woodall of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 5, line 25, strike ``that--'' and insert ``that does not 
have in effect an agreement with the State that issued the 
license or permit providing for reciprocal treatment of such 
licenses or permits issued by the 2 States, and that--''.
                              ----------                              


2. An Amendment To Be Offered by Representative McCarthy of New York or 
                 Her Designee, Debatable for 10 Minutes

  Page 5, line 25, strike ``that--'' and insert ``that has in 
effect a law providing that the provisions of this section 
shall apply with respect to the State, and--''
                              ----------                              


3. An Amendment To Be Offered by Representative Hastings of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 6, line 1, insert ``(A)'' after ``(1)''.
  Page 6, line 4, strike ``(2)'' and insert ``(B)''.
  Page 6, line 5, strike the period and insert ``; and''.
  Page 6, after line 5, insert the following:
          ``(2) provides for the issuance of such a license or 
        permit, and requires the applicant for such a license 
        or permit to complete and submit the application to the 
        State in person.''.
                              ----------                              


4. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 6, line 1, insert ``(A)'' after ``(1)''.
  Page 6, line 4, strike ``(2)'' and insert ``(B)''.
  Page 6, line 5, strike the period and insert ``; and''.
          ``(2) maintains a complete database of all permits 
        and licenses issued by the State for the carrying of a 
        concealed handgun, and makes that database available to 
        law enforcement officers from all States 24 hours a 
        day.''.

  Page 6, after line 5, insert the following:
                              ----------                              


    5. An Amendment To Be Offered by Representative Conyers, Jr. of 
           Michigan or His Designee, Debatable for 10 Minutes

  Page 6, beginning on line 8, strike ``, except as to 
eligibility to possess or carry,''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 6, line 14, after the period insert the following: 
``Notwithstanding the preceding sentence, the possession or 
carrying of a concealed handgun in a State shall be subject to 
any law of the State that limits the eligibility to possess or 
carry a concealed handgun to persons who have received firearm 
safety training that includes a live-fire exercise.''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Cohen of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Page 6, line 14, after the period insert the following: 
``Notwithstanding the preceding sentence, the possession or 
carrying of a concealed handgun in a State under this section 
shall be subject to any State law limiting the eligibility to 
possess or carry a concealed handgun to individuals who have 
attained 21 years of age.''.
                              ----------                              


8. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 6, line 21, strike the close quotation marks and the 
following period.
  Page 6, after line 21, insert the following:
  ``(d) A person may not, under this section, carry or possess 
a concealed handgun in a State, unless the person provided at 
least 24 hours notice to the designated law enforcement agency 
of the State of the intention of the person to carry or possess 
a concealed handgun in the State.''.
                              ----------                              


  9. An Amendment To Be Offered by Representative Cicilline of Rhode 
            Island or His Designee, Debatable for 10 Minutes

  Page 6, line 21, strike the close quotation marks and the 
following period.
  Page 6, after line 21, insert the following:
  ``(d) Subsection (a) shall not apply with respect to the 
possession or carrying of a concealed handgun in a State on the 
basis of a license or permit issued in another State, unless 
the Attorney General of the State, the head of the State 
police, and the Secretary of State of the State have jointly 
issued a certification that the laws of both States which 
provide for the issuance of such a license or permit are 
substantially similar.''.
                              ----------                              


10. An Amendment To Be Offered by Representative Reichert of Washington 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. __. GAO STUDY OF THE ABILITY OF STATE AND LOCAL LAW ENFORCEMENT TO 
                    VERIFY THE VALIDITY OF OUT-OF-STATE CONCEALED 
                    FIREARMS PERMITS.

  (a) In General.--The Comptroller General of the United States 
shall conduct a study of the ability of State and local law 
enforcement authorities to verify the validity of licenses or 
permits, issued by other States, to carry a concealed firearm.
  (b) Report to the Congress.--Within 1 year after the date of 
the enactment of this Act, the Comptroller General shall submit 
to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the 
Senate a written report which contains the results of the study 
required by subsection (a).

                                  
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