2017 National Concealed Carry Reciprocity H.R. 38

Discussion in 'National Laws, Bills and Politics' started by tmoore912, Jan 3, 2017.

  1. tmoore912

    tmoore912 Just a Man

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    GOP Rep Introduces National Concealed Carry Reciprocity (H.R. 38) on Day One of New Congress

    https://t.co/Ewy0oldY70

    "Rep. Hudson’s bill, which is supported by major pro-Second Amendment groups, would allow people with a state-issued concealed carry license or permit to conceal a handgun in any other state that allows concealed carry, as long as the permit holder follows the laws of that state. It also allows residents of Constitutional carry states the ability to carry in other states that recognize their own resident’s right to concealed carry."

    ETA: Rep. Hudson Introduces National Concealed Carry Reciprocity Bill
    BY: Stephen Gutowski

    http://freebeacon.com/issues/rep-hudson-introduces-national-concealed-carry-reciprocity-bill/


     
    Last edited: Jan 5, 2017
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    How this bill would handle "constitutional carry" states--- ones that don't issue carry permits but just let anybody carry, no questions asked:

    QUOTE: "...the “identification document†in possession of a resident of a constitutional carry state would serve as a permit to carry without a license in other states."


    Now, I haven't read the bill, but I wonder:

    What's the constitutional authority for the feds to mandate this?

    Congress is clearly interfering with the traditional "police power" of states to pass laws concerning the health, welfare, and safety of their local citizens.

    I think this bill should only apply for a certain time period of a few weeks, maybe 60 days tops, and it should reference the interstate commerce clause.

    If you're traveling into or through another state for business or pleasure, vacation or shopping or attending a business conference-- whatever-- you're engaged in interstate commerce and thus the feds can demand that every state you enter give you reasonable accommodation as to recognizing permits and licenses you hold in your home state.
     

  3. AtlPhilip

    AtlPhilip Proud GCO member.

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    I think the interstate commerce clause has been bastardized quite enough already.
     
  4. Wegahe

    Wegahe NRA Instructor

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    I agree completely. So I think it's time to use it for he benefit of us citizens instead of to our detriment for a change.
     
  5. UtiPossidetis

    UtiPossidetis American

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    What is the legal basis for drivers license reciprocity?
     
  6. EJR914

    EJR914 Cheezburger Operator

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    https://www.libertarianism.org/publications/essays/constitution-no-authority

    Truth is no such bill should be needed, and any man not imprisoned should legally be able to carry any firearm into any State he pleases. With that said, I hope for the sake of us peasant slaves that it passes and we're allowed to carry everywhere.
     
  7. EJR914

    EJR914 Cheezburger Operator

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    That's some anarchy for you
     
  8. EJR914

    EJR914 Cheezburger Operator

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    That's an excellent question.
     
  9. Feral

    Feral Active Member

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    I'm glad it was introduced but I don't have high hopes. Every state with draconian laws will fight this tooth and nail.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Fourteenth Amendment privileges and immunities clause, although I doubt Congress is using it.
    READ: http://www.guncite.com/journals/senhal14.html
    Very good article full of stuff many of you do not know. The time spent reading this article will be more beneficial to those of you reading than similar time spend on GPDO.

    Yes, as it must do when any state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.

    This is Congress' duty.

    The power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes?
    What if my carrying a gun has no connection to anything commercial? What if I am hiking through with all my provisions on my back, and bearing a gun?

    Wickard v. Filburn is a monstrosity. I do not accept Roosevelt's new vision for America, in which he threatened the Surpreme Court to unleash his power from the constraints of the pesky constitution.

    The "Commerce Clause" is nothing more than the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes, just as it says. Please stop perverting it into being an excuse for exercising ever more unlimited power.

    As for your opinion on limiting the time, well, write your Congressman to limit this provision, which is already far more limited than I think it should be, but I ask you this - what if my hike takes me 61 days? Are you ok with men with tasers and batons and guns dragging me away to a concrete box and keeping me there against my will for a couple of years as punishment? If so, why? If not, why not?

    What, again, if my journey has nothing to do with commerce?

    Anyway, regulations regarding police power are basically the one thing that is NOT an exercise of the commerce clause power. See US. v. Lopez (1995). I think you are headed down an incorrect path.
     
    Last edited: Jan 4, 2017
  11. mrhutch

    mrhutch Member

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    The federal government already bans pot, and all the states that will kick and scream about reciprocity already passed bills legalizing it. If they don't pay attention to the feds about pot, what makes anyone think they'll pay attention about guns? They already ignore the 2nd amendment to begin with.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Somebody can read!
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    There is not one.
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Will New Jersey have that much sway in a Republican Congress that knows they will have a President now who probably will not exercise the veto over this bill?
     
  15. moe mensale

    moe mensale Well-Known Member

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    How about this?

    IF this is the actual basis for DL reciprocity, why shouldn't it be the basis for firearms/weapons license reciprocity?
     
  16. mrhutch

    mrhutch Member

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    The constitution should have already overridden any state regulation of firearms with the 2nd amendment. The bill of rights is not a starting point, but a be all end all cap on power. Every state that regulates firearms, including the feds, is already violating the constitution. States have no authority to regulate rights. The rights are there to tell them where their authority ends.
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    mrhutch, read the bill. It does not depend upon states "paying attention about guns." Read it and answer your own question.
     
  18. AtlPhilip

    AtlPhilip Proud GCO member.

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    One does not condemn behavior by repeating it.
     
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, answer a question (or three).

    Is a drivers license a public act?

    Is a drivers license a record (and if so, of what)?

    Is a drivers license a judicial proceeding?

    If the answer to all of those questions is no, then you have your answer. If the answer to any is maybe or yes, then you should examine it further, looking at the meaning of each word as it would have been understood in the 1790s.
     
  20. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    How many of you have read the bill?