I previously blogged about this bill, and noted that I am not a fan.
Fox has a good description of the act:
Lawmakers are considering a House bill that would give Americans who hold permits to carry firearms in their home states the right to carry their weapons across state lines.
Although many states have entered into voluntary agreements, there is no nationwide framework for honoring permits and licenses uniformly. A bipartisan bill, co-authored by Reps. Cliff Stearns, R-Fla., and Heath Shuler, D-N.C., aims to change that.
Interestingly, Congress premises this act on their 14th Amendment powers, and the Privileges or Immunities Clause in particular!:
(3) The Congress has the power to pass legislation to protect against infringement of all rights protected under the Fourteenth Amendment to the Constitution of the United States.
(9) Among the purposes of this Act is the protection of the rights, privileges, and immunities guaranteed to a citizen of the United States by the Fourteenth Amendment to the Constitution of the United States.
Dave Kopel opines here:
Second, the Second Amendment right to keep and bear arms is also protected by section 1 of the 14th Amendment, and therefore Congress has the power under section 5 of the 14th Amendment to protect the right to bear arms from state infringements.
Second, the Second Amendment right to keep and bear arms is also protected by section 1 of the 14th Amendment, and therefore Congress has the power under section 5 of the 14th Amendment to protect the right to bear arms from state infringements.
But it also relies on the commerce power:
(8) The Congress finds that preventing the lawful carrying of firearms by individuals who are traveling outside their home State interferes with the constitutional right of interstate travel, and harms interstate commerce.
Here is the meat of the bill:
‘Sec. 926D. Reciprocity for the carrying of certain concealed firearms
‘(a) Notwithstanding any provision of the law of any State or political subdivision thereof, related to the carrying or transportation of firearms, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and 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, may carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State, other than the State of residence of the person, that–
‘(1) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or
‘(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.
‘(b) A person carrying a concealed handgun under this section shall be permitted to carry a handgun subject to the same conditions or limitations that apply to residents of the State who have permits issued by the State or are otherwise lawfully allowed to do so by the State.
Basically if you have a conceal carry permit in State A, any other state that offers conceal carry permits–no matter how restrictively–is required to permit you to carry in that state.
The hearing video is here. Joyce Malcom (my former professor) and Dave Kopel testified. The Commissioner of the Philadelphia PD testified:
Philadelphia Police Commissioner Charles Ramsey testified yesterday that Congress should not allow people to carry firearms nationwide “without consideration for the minimum standards” created by each state. He added: “What works where I currently serve as Commissioner in Philadelphia, and the Commonwealth of Pennsylvania, does not work for our neighbor across the river in New Jersey.Our laws for obtaining a permit are vastly different, based on well-debated decisions made at the state level. This bill would allow people to carry concealed and loaded guns in every state, without consideration for the minimum standards created by their governments.”
Something, something, geography clause, equality of rights, social cost.
The WSJ Law Blog has a good summary of hearings held yesterday about the bill.