National Concealed Carry reciprocity legislation introduced

On January 3–the first day of the 115th Congress–Representative Richard Hudson (R-NC-8) introduced national concealed carry reciprocity legislation.
Hudson’s office published this summary of the legislation:
MORE

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The gentleman that sent this link in (who shall remain anonymous for obvious reasons) asks this question of you:

This being the place where the meeting of the minds occurs, I thought it would be the best place for such a discussion.

Unfortunately, I’m stuck in Maryland, which is a may-issue state with a licensing scheme run by the state police. Since self defense does not qualify as a good and substantial reason to be issued a carry permit, I cannot get one here.

So here’s my question. Under the proposed law, would Maryland be forced to recognize my Florida non-resident carry license? I could not find anything in the bill summary or on the representative’s Q&A page.

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13 Responses to National Concealed Carry reciprocity legislation introduced

  1. Unclezip says:

    They may pass a reciprocity bill, but that will not stop the police state from harassing the shit out of you after they run your tags and find you may be armed.

  2. Chris says:

    As I understand it, the “Rights and Privileges” clause as repeatedly interpreted by the Supreme Court would render this unconstitutional.

    • Jack Crabb says:

      The Supreme Court can kiss my ass. The limited, specific and enumerated duties of the supreme court do not include the ability to determine whether any given thing is constitutional or unconstitutional. That was supposed to be done by “[w]e the people”. That’s why it was written in the common language of the day.

      Besides, what part of “shall not be infringed” do those clowns have a problem understanding?

  3. John says:

    Also in Maryland and interested.

  4. WiscoDave says:

    I would say “yes” based on the statement of “a state issued permit.”
    MD would be forced to recognize the state issued permit of a FL resident. The liberal reptilian mind would most likely challenge that a non-resident permit is not valid but I believe they would lose.
    Disclaimer: I am not a lawyer and have not played one on tv. YMMV.

    • Rich says:

      I don’t disagree with what you’ve said, but I don’t think that helps the person who asked the question.

      He’s in Maryland (presumably a resident of Maryland), and he holds a Florida non-resident CC permit. The language cited in the article requires it to be a permit issued to a resident of a state.

      I wish they would do something more broad (mainly because I’m in NY and it’s much easier for me to get a Utah, for instance, CC license than a NY pistol permit), but it seems unlikely.

  5. libertybill says:

    I can’t answer the answer specifically, however I am a LEO, so theoretically I already have the ability to carry in any state. That having been said, I can tell you that New York does not honor that law, and the Feds are not interested in enforcing it, so I could and probably would get arrested in New York by carrying without a license. Even if I have it in a checked bag at the air port and declare it.

  6. Muzzle Blast says:

    The politico sez:

    “I believe the plain language of the constitution is real simple … no infringement on our right to keep and bear arms … an inalienable right … live in one of those states … carry in any state …”

    What about those pot states there chum? Everybody is still wrapped around the axle with guns and marijuana, even Colorado is playing hide the salami where the sun don’t shine with state vs. fed definitions of “illegal” and #4473, etc. This isn’t going to work until our prohibitions are done away with along with permits for the exercise of inalienable rights.

  7. PoppaGary says:

    See this is one of those area that I have a hard time understanding although I realize it is mostly due to the varied interpretations of the 2nd amend. Just as my marriage or driver’s license is recognized by other states, via the Full Faith and Credit Clause of the Constitution (ARTICLE IV, SECTION 1), then so should my carry license. (Disregarding for the moment that we should not even need that item.) In fact I think we should not need national concealed carry reciprocity legislation,other than to say follow the Constitution and treat a CCP\L as any other license.

  8. anonymous says:

    This sounds like a great place for an Executive Order Mr. Soon-To-Be-President Trump. Lets make America Great Again, starting with common sense laws that everyone can understand.

  9. M says:

    I just wrote to Richard Hudson, sponsor of the bill, as follows:

    I have reviewed the text of the National Concealed Carry Reciprocity Legislation and it arguably allows, for example, a resident of Maryland (which is a “may issue” state) who has a non-resident concealed carry from Florida (or Nevada) to have reciprocity in Maryland.
    Is this true? If so, I would like to fully support this legislation.

    In addition, I offer the following analysis:

    It is helpful to breakdown the words of the legislation. The text of the proposed legislation states:

    1. Notwithstanding any provision of the law of any State…

    2. a person..who is carrying [a valid ID with a picture] AND who is carrying a valid license or permit to carry …

    3. or is entitled to carry a concealed permit in the State in which the person residence,

    4. may possess a concealed handgun…

    5. in any State that…

    6. has a statute under which residents of the State MAY apply for a license…

    7. OR

    8. a State that does not prohibit the carrying of a concealed firearm.

    I would argue that the legislation says:
    1. It doesn’t matter what state you live in.
    2. any person with a driver’s license and a CCW (or a CCW that has a picture on it such as Nevada (note: California does not, in my experience, have pictures on the CCWs))
    3. or lives in a state that doesn’t require a CCW
    4. Can carry
    5. In any state
    6. Which let’s its citizens get a CCW.
    7. OR
    8. Any state that doesn’t require a CCW.

    A couple of thoughts: Note in the text where the words “residence” are inserted. They are not included in the each clause. For example, look at para. 2. Also note that para. 6 states “MAY” apply.

    In other words, Maryland would be required to recognize the inter-state permit. Once this bill goes to the floor, the legislative history may become relevant in its interpretation (particularly if Scalia was still alive).

    As to the comments about what happens when a state actor seizes your gun (hassles you), I would recommend suing under 42 USC 1983. (Google it.)

  10. D C Williams says:

    Uhhh…..why are you still living in the Peoples Republic of Maryland?

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