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House Judiciary Advances Concealed Carry Reciprocity

Darwin Nercesian - comments 25 comments

The House Judiciary Committee held a markup session on Tuesday, March 25, voting on several bills, including the “Constitutional Concealed Carry Reciprocity Act.” Now that this key legislative process is complete, the issue of reciprocity is cleared for consideration by the United States House of Representatives.

H.R. 38, the “Constitutional Concealed Carry Reciprocity Act,” sponsored by North Carolina Republican Richard Hudson, aims to address inconsistencies among state laws that place travelers at legal risk for actions that may be perfectly lawful in their home state. This should never have been an issue in a country known as the United States, with the operative word there being “united.” 

Anti-Second Amendment activists will attend to a fiercely ignorant argument that states are granted the right to make their own laws. However, this does not mean they can create those laws solely to circumvent Constitutional law. I have long been an advocate for testing all gun laws against free speech, creating mirroring restrictions and obstacles in conservative states, and watching the meltdown as leftists cry foul on the First Amendment. You can’t have it both ways, you infantile thumb suckers. If it isn’t a violation of the Second, then it can’t be a violation of the First. 

The fact remains that Constitutional rights are enumerated with respect to the entire country. I would go so far as to say any state wilfully opposing them or denying Americans those liberties stands in open rebellion against the United States, much more so than a bunch of rowdy January 6 protestors trying to take selfies after being ushered into the Capitol building by Capitol Police. I would also feel comfortable saying that a federal government that does not step in to oppose state Constitutional violations is not representative of that state’s citizens. And you know what they say about taxation without representation, right?

Thankfully, for now, H.R. 38 moves forward, having been passed by the committee on a party-line vote of 18-9. The measure seeks to create a federal framework protecting an individual’s right to carry in any state that allows concealed carry, just as if that person were in their home state. The bill contains a preemption clause, overriding any contradictory state or local restrictions and providing legal protection through a private right of action for anyone whose rights are interfered with while shielding them from arrest without probable cause.

H.R. 38 is now on its way to full U.S. House consideration and, if passed, would face heavy debate in the Senate. I encourage everyone to call and email their representatives throughout the process, letting them know that this is a Constitutional right and that how they vote will be a clear barometer of their reverence for American values and liberty. 

25 thoughts on “House Judiciary Advances Concealed Carry Reciprocity”

  1. Anti-Second Amendment activists will attend to a fiercely ignorant argument that states are granted the right to make their own laws.

    Oh really? Instead of testing gun laws against free speech, test it against abortion which they tell me is a constitutional right. (You just have to use a special decoder to see the invisible ink in the Constitution.) They despise states’ rights when it comes to abortion. If it was a true constitutional right, they would never allow states to interfere with it.

    Trump: “We’re going to allow states to decide their own abortion laws.”

    Dems: “Nooo!!! (we hate democracy)”

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    • RE: “I encourage everyone to call and email their representatives throughout the process, letting them know that this is a Constitutional right and that how they vote will be a clear barometer of their reverence for American values and liberty.”

      AND by the same token I encourage everyone to remind their representives that Gun Control in any shape, matter or form is an agenda History Confirms is Rooted in Racism and Genocide. To cater to such a demonic agenda is a slap in the face for American Values and Liberty.

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  2. Driving a car is not a right protected by the US Constitution. It seems to me every state should require drivers have a valid Driver’s License issued by that state. So, if you want to drive around the country, you should have to qualify for and obtain 51 Driver’s licenses (remember DC) and another one for Puerto Rico.

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    • Gadsden,

      But you are a former cop, right? Would the New York state troopers handcuff you and throw you in the back seat if during a traffic stop, they found you armed?

      I have to drive through NY several times a year.

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      • Some would even with LEOSA being a thing now. But even back before then a substantially lower chance of issues compared to non leo.

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      • LifeSavor, would a NY state trooper handcuff me and throw me in the backseat? Damn skippy. Or, at least they used to would have. Since HB 218 became the law of the land all active/honorably retired LE can carry in all fifty states. (There are stipulations and restrictions.) However, that was not the case the times I visited NY. I carried multiple handguns and would have been subject to a minimum mandatory two years. Same as anyone else.

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    • Mr Flag, Oh Mr Flag……I certainly agree with your right. However, states such as: California, Washington, New York, Illinois not to mention New Jersey and Maryland may not treat you with the respect you deserve as a good citizen and ex police officer. Depending on where you are in my state(Louisiana) the powers that be may not treat you as a good citizen. Corruption knows no boundaries. I have met LEOs who say POTG are merely a criminal waiting to happen. I have been in Baton Rouge during legislative sessions and witnessed the same attitude spoken by state legislators.

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  3. I will be absolutely stunned if the full House passes this bill. Even if that happens it is a moot point since the U.S. Senate will never pass it. (There is no way on God’s green Earth that 60 U.S. Senators will agree to bring that bill to the U.S. Senate floor for a vote–satisfying the U.S. Senate’s prerequisite Cloture Rule–at which point it would only need a simply majority of 51 votes to pass.)

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    • They could take a page from Mr. Harry Reid and go “nuclear” on the topic.

      But that’s an exercise of actual power, something R’s and Cons are deathly allergic to.

      Which is why I wonder how well Mr. Trump will do actually shrinking .gov against a hostile judiciary. Help from the Legislative branch would help mightily, but the Legislative branch doesn’t much like Trump and the GOP has been a eunuch for a long time.

      Mix that with the people who still think Reagan was a Conservative and I’m not seeing much hope unless Trump just decides to completely ignore lower courts.

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    • Precisely. There are not 60 votes in the Senate to overcome a Democratic Party filibuster. Democrats hold 45 seats, and two independents caucus with them. Republicans hold 53 seats. This means that seven democrats (or five plus the two independents) must go against Schumer and the party line to allow the bill an up or down vote on the Senate floor. Just as it was in Trump’s first term (when McConnell held it in committee to avoid the embarrasment of a defeat) , it is inconceivable that this will occur.

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      • It’s pretty simple to pass this actually, if you have the stones. The GOP simply doesn’t have the stones to follow Harry Reid’s example.

        Which is why the party was basically irrelevant until Trump came along and will soon go the way of the Whigs if Trump is prevented from doing what he was elected to do because the Congressional Republicans fail to back him.

        All you have to do is let the cloture vote fail and then say

        “I raise a point of order that the vote on cloture under Rule XXII for [item that just failed a cloture vote] is by majority vote.”

        If you win that point of order vote by a simple majority you can now pass the bill through the Senate by simple majority.

        bUT dAtZ nOt HoW dA SeNaTE iZ sUpPoZEd tO wErK!

        First, that’s EXACTLY how the Senate works and, second, the Senate Rules are not law and never have been. Everyone under 45 hates you at this point, so it’s do or die time for the entire party.

        The GOP needs to tap some of that old school Radical Republican energy of the middle 1800’s and actually fight or just roll over and die the geriatric death so many of its members are rapidly approaching.

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  4. Guys, let me clear up a couple of things. I bought my first center fire handgun in 1977. A S&W model 19, blue, 4″. I was 18. No 4473. I often carried it concealed. Florida had no CCW at that time. I continued that practice until 1991, when I got into LE, with no CCW. No matter where I was. If they can’t take a joke, they know what they can do with themselves.

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    • They can’t take a joke and being an x cop you should know that.
      2 years mandatory incarceration, whewie, what state is that. Used to be here in this state before constitutional carry it was a misdemeanor with $110 fine.

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  5. According to the Second Amendment we the people can carry a gun any damned place we so choose to.
    And here we are again depending on lawyers, judges, senators, congressmen and governors to allow US citizens their constitutional rights.
    I suppose truth be told our government no longer works for us but rather it’s the other way around.
    If air could be taxed.

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  6. National Reciprocity is what is need by the people, for the people. It is exactly that reason why the Senators of OrTardia will oppose it. They are Democrats who only want more government regulation, and they could care less about the people.

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    • National Constitutional Carry is what is needed. The recipatory only works if you have a government permission slip to carry a gun.
      Laws do not stop criminals why are law abiding people being restricted in the defense of themselves and others?

      Reply

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