Concealed Carry Reciprocity (H.R. 38): Overriding State Public Safety Laws

February 13, 2017

Updated August 15, 2017

Bottom Line: Representative Richard Hudson’s (R-NC) concealed carry legislation (H.R. 38) would force each state to recognize the concealed carry standards from every other state, even those that have dramatically weaker standards – and those that don’t require any permit at all. Law enforcement overwhelmingly opposes this legislation, which would put police in danger of being sued for doing their jobs.

  • Reciprocity would force states to let violent offenders and people with no firearm safety training carry hidden, loaded handguns—even if those people could not otherwise legally purchase a gun in the state.
  • Rep. Hudson’s bill would even force states to allow concealed carry by many people with no permit whatsoever—allowing people who have never been screened by a background check to carry throughout the country.
  • Rep. Hudson’s bill would override state laws on guns in bars and daycares, and would even roll back the federal law that requires a concealed carry permit to carry in K-12 schools.

Reciprocity would be an extraordinary encroachment on states’ rights.

  • State concealed carry permitting systems vary dramatically. Each state sets its own requirements for carrying concealed, loaded guns in public. For example, some states require extensive firearms training, while others require no training. Some systems are so ineffectively run that they issue permits to people with felonies, while twelve states require no permit at all.
  • Three in four Americans live in a state that refuses to recognize all or some out-of-state carry permits. For nearly one in three Americans, their home state does not recognize any out-of-state permits.32.5% of Americans live in CA, CT, DC, HI, IL, MA, MD, NJ, NY, OR, or RI, states that do not recognize any out-of-state permits. 2015 Census estimates. In most other US states, only some out-of-state permits are recognized—typically those with equivalent or higher standards.75.3% of Americans live in either a state that does not recognize any out-of-state permits or else one of the following states that do not recognize all out-of-state permits: AZ, CO, DE, FL, GA, KS, LA, ME, MN, MT, NE, NV, NH, NM, ND, PA, SC, TX, VA, WA, WV, WI, WY. 2015 Census estimates.
  • H.R. 38 simply overrides these states’ laws. It would force each state to recognize standards from all other states—even if a person would otherwise not be allowed to possess a gun.
    • Indeed, a person denied a permit in his home state—e.g. after a criminal conviction—could simply get an out-of-state permit, allowing him to carry back at home.

H.R. 38 would have a profound impact on state public safety. Recent research shows that, when states weaken law enforcement authority to deny permits to people who pose a danger, violent crime rates rise by 13-15 percent over what would have been expected without the change. Using multiple methods, the researchers consistently found the same result: When more people are allowed to carry in public, violent crime goes up.John Donohue et al, Right-to-Carry Laws and Violent Crime: A Comprehensive Assessment Using Panel Data and a State-Level Synthetic Controls Analysis, NBER Working Paper No. 23510, June 2017, available at http://www.nber.org/papers/w23510

H.R. 38 would make states with the weakest standards into the law of the land, and let criminals and other people who pose a danger carry concealed guns across the country.Federal law prohibits several narrow categories of people from possessing a handgun; prohibited people may not carry handguns in any state. These categories include felony offenders (but not most misdemeanor offenders), certain abusers convicted of domestic violence or under restraining orders (generally including abusive spouses and generally excluding abusive boyfriends), and people under 18 (with certain exceptions). The state concealed carry standards discussed in this document generally surpass this federal floor.

  • No Training: Thirty-one states and Washington DC require gun safety training to carry concealed guns in public,AK, AZ, AR, CA, CO, CT, DE, DC, FL, HI, IL, IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NJ, NM, NC, ND, OH, OK, OR, RI, SC, TN, TX, UT, VA, WV, WI, and WY and 21 of those states and DC require live-fire training experience.AK, AR, CT, DE, DC, FL, IL, KS, KY, LA, MD, MI, MO, MN, NE, NV, NJ, NM, NC, OH, OK, RI, SC, TN, TX, and WV Under H.R. 38, all states would be forced to allow concealed carry without any training whatsoever.
  • Certain Domestic Abusers: Thirty-four states and DC prohibit abusive boyfriends (in addition to husbands) convicted of abuse and/or subject to domestic violence restraining orders from carrying concealed guns in public.CA, CT, DE, FL, DC, HI, IL, IN, IA, KY, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NM, NY, NC, OH, OK, OR, TN, TX, UT, VA, VT, WA, WI, and WV. Vermont does not issue a concealed carry permit, but does bar certain abusive boyfriends from having or carrying firearms. Under H.R. 38, these abusers could carry hidden weapons across the country.
  • People Who Pose a Danger: Twenty-five states and DC allow law enforcement to prohibit people who pose a danger to the public from carrying concealed guns in public.AL. AK, CA, CO, CT, DC, DE, GA, HI, IL, IN, IA, KS, LA, ME, MD, MA, MN, MO, MT, NH, NJ, NY, ND, OK, OR, PA, RI, SD, UT, VA, and WY Local authorities may know a person has a red flag in their history&,dash;for example, domestic disturbances, assault arrests, or dangerous mental health issues. In several states, the law also requires an applicant to demonstrate “good cause” (or make a similar showing) in order to get a permit. H.R. 38 would gut those laws.
  • Violent Criminals: Twenty-seven states and DC prohibit people convicted of misdemeanor crimes of violence from carrying concealed guns in public.AK, CA, CT, DE, DC, FL, HI, IL, IA, KY, LA, MD, MA, MI, MN, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, TX, UT, VA, WV. These states block people convicted of a) misdemeanor "crimes of violence," as classified by the state; or of b) certain serious violent misdemeanors such as assault and battery, threatening, or crimes committed with a weapon. Some disqualifiers lapse after several years. Alaska disqualifies people with multiple offenses. New Jersey disqualifies offenders convicted of offenses punishable by more than 6 months. While New Jersey crimes in this category are generally punishable by at least 18 months, misdemeanor crimes from other states are disqualifying in New Jersey. H.R. 38 would allow people with these violent criminal convictions to carry across the country, even if they are barred from possessing guns at all in a given state.
  • Convicted Stalkers: Twenty-eight states and DC will not allow convicted stalkers to carry concealed guns.Some state stalking crimes are felonies, and convictions are therefore prohibiting under federal law. The following is a full list of states where all stalkers are disqualified from getting a permit: AZ, CA, CO, DE, DC, HI, IL, IN, IA, LA, MD, MA, MI, MN, NV, NJ, NY, NC, OH, OK, OR, PA, RI, SC, TN, TX, VT, VA, WI. Vermont does not issue a concealed carry permit, but does bar convicted stalkers from having or carrying firearms. Reciprocity would override those states’ laws and force them to allow people with stalking convictions to carry hidden, loaded guns.
  • Teenagers: Thirty-four states and DC will only allow people 21 and older to carry.AK, AZ, AR, CO, CT, DC, FL, GA, HI, IL, IA, KY, KS, LA, MA, MI, MN, MS, NE, NV, NJ, NM, NY, NC, OH, OK, OR, PA, RI, SC, TN, TX,, VA, WA, WI, and WY Eighteen- to 20-year-olds commit gun homicides at a rate nearly four times higher than adults 21 and older.FBI Supplementary Homicide Report, 2010-2014, and US Census Population Data, 2010-2014. Persons aged 18-20 made up 4.24% of of the US population and were the primary offender in 17.16% of all gun homicides for which the age of the offender was known. Adults aged 21 and over made up 72.25% of the population and were the primary offender in 76.24% of all gun homicides for which the age of the offender was known. H.R. 38 would force these states to allow 18-to 20-year-olds to carry.
  • Felons and Other Prohibited People: Even states that require permits to carry vary widely in the quality and effectiveness of their permitting. Some states have such poorly administered systems that they have mistakenly granted permits to (or failed to revoke them from) people legally prohibited from having guns under federal law.Everytown for Gun Safety, “Federally Mandated Concealed Carry Reciprocity: How Congress Could Undercut State Laws on Guns in Public”, January 2015, available at: http://every.tw/1jGKyXL. Under H.R. 38, all states would have to recognize permits that are inadvertently issued to felons or other dangerous people.

Rep. Hudson’s legislation would even allow people from several states with no permit whatsoever to carry firearms across the country.

  • Twelve states have no permitting or background check requirement, including eight that have effectively dismantled their permit systems since 2015. Unlike earlier versions of this legislation, H.R. 38 would force all states to allow residents from those “permitless” states to carry with no permit whatsoever.
  • Repealing the permit requirement is profoundly dangerous for public safety. Indeed, in the first six months after Missouri repealed its permit requirement, aggravated assaults with a firearm increased over 22 percent in St. Louis, while no other violent crime increased and assaults not involving a firearm decreased during the same period.St. Louis Metropolitan Police Department. Report: CRM0013-BY: Part 1 Crime Comparison Based on UCR Reporting Neighborhood Report. p. 91, Run Date: July 7, 2017. Retrieved from http://slmpd.org/crime_stats.shtml.

H.R. 38 would override state laws on guns in bars and other places where alcohol is served, along with daycares and other places where children play—and would roll back federal law protecting K-12 schools.

  • Under Rep. Hudson’s bill, states would be required to allow the carry of concealed, loaded handguns in any places that are not public property.
  • H.R. 38 would roll back the Gun-Free School Zones Act, which would no longer bar carry in K- 12 schools for residents of permitless carry states, allowing some people with no permit whatsoever to carry in kindergartens.

This legislation would present serious risks to law enforcement and would even put officers in danger of being sued for trying to confirm that an out-of-state permit is valid.

  • Unlike with driver’s licenses, police often have no way to verify the validity of an out-of-state permit—meaning they would be unable to confirm if a person presenting a carry permit is a law-abiding gun owner. And because Hudson’s bill even allows concealed carry by people from states with no permit whatsoever, out-of-state visitors would be armed without being screened by a background check—and law enforcement would have no permit to evaluate.
    • Unlike earlier versions of this legislation, the bill would put police in danger of being sued if they attempt to verify a permit.

Law enforcement organizations have denounced concealed carry reciprocity—including the Fraternal Order of Police, the International Association of Chiefs of Police, the Police Foundation, and the Major Cities Chiefs Association, which includes the Chiefs of Police and Sheriffs of the sixty-six largest law enforcement organizations in the country.National Law Enforcement Partnership to Prevent Gun Violence, April 15, 2013, available at: http://bit.ly/14AQyJE.

The bill would also override state law barring high-capacity handgun magazines and regulating carry on public lands.

  • H.R. 38 would override all state laws barring possession of high-capacity handgun magazines for all permit holders and residents of permitless carry states, allowing the possession of magazines that have been banned for decades in several states.
  • The bill would force states to allow carry on nearly all federal lands open to the public.Including lands in the National Park System and the National Wildlife Refuge System, lands under the jurisdiction of the Bureau of Land Management, and lands administered and managed by either the Army Corps of Engineers or the Bureau of Reclamation Much of this land is subject to state regulation, which would be effectively gutted by H.R. 38.

The gun lobby has been trying to pass reciprocity legislation for over two decades.

  • Gun lobby-backed Congress members have introduced more than two dozen bills H.R. 2634 (1995); H.R. 3838 (1996); H.R. 2722 (1997); H.R. 407 (1997); H.R. 950 (2001); S.514 (2001); H.R. 990 (2003); H.R. 1243 (2005); H.R. 226 (2007); S.388 (2007); H.R. 861 (2007); H.R. 5782 (2008); S.3207 (2008); H.R. 197 (2009); S.371 (2009); S.Amdt.579 to S.160 (2009); H.R. 1620 (2009); S.Amdt.1618 to S.1390 (2009), H.R. 822 (2011); S.2188 (2012); S.2213 (2013); H.R. 578 (2013); H.R. 2959 (2013); H.R. 986 (2015); S.498 (2015); H.R. 402 (2015) to override state laws on who is too dangerous to carry concealed weapons on their streets. Mayors Against Illegal Guns, now part of Everytown, has led the fight to defeat these bills—including when 58 senators voted for it in 2009S.Amdt.1618 to S.1390 (2009). http://bit.ly/2fGBD7G and when it passed the House in 2011.H.R. 822 (2011)