Senate Right-To-Carry bill introduced

[peacefuljeffrey]

It's problematic.

To start with, we already know that a permit holder (for example) from Florida is subject to tighter rules when he goes to North Carolina, let's say. (Fill in states of your choice.) Sometimes a permit holder is subject to less restrictive carry laws when he visits another state.

Not only would we have to keep track of the carry laws that pertain to us in the states we visit (which is what we have to do now), but what would govern our conduct and our carry in states that do not have shall-issue-type carry laws?

If this is intended to allow us to carry in MA, CA, IL, NJ, NY, what would the stipulations be? If there is not even a single, unified set of stipulations between FL and TX, what on earth would the set of rules be for a national reciprocity that allowed a FL CCW holder to carry in IL?

[DefensiveCarry.com]

[saltysquid]

I'm kind of torn on a federal mandate, but then I think about drivers licenses. If I don't think the government should require indivudual states to recognize other state licenses then should I believe that some states should be able to not recognize other states drivers licenses? Driving on state highways is after all not a right. It seems to me either the government should be able to require states to allow ccw holders from other states or individual states should be able to dis allow license holders from other states. Be consistant at least.

I would like to start with outlawing oklahoma drivers in oklahoma, they come from the boonies over the line and make life miserable for us on the streets here.:)

[40FIVER]

This is Jon Tester, the new Montana Senator. He campaigned on a pro-gun platform, and he had an "A" rating from the NRA, but...... let's just say he talks the talk but he doesn't walk the walk.

In the 2005 Montana Legislature, as Senate President, he refused to allow a "Castle Doctrine" bill that had already been passed by the House go to the full Senate for a vote, consequently the bill died.

He's already cast one anti-gun vote in the U.S. Senate and he hasn't been in office a full month yet.

It sounds like you guys need to remind the guy about who took him to the dance.
Did you happen to notice he can't even spell his own name right. It's J O H N.

[Bob The Great]

It's problematic.

To start with, we already know that a permit holder (for example) from Florida is subject to tighter rules when he goes to North Carolina, let's say. (Fill in states of your choice.) Sometimes a permit holder is subject to less restrictive carry laws when he visits another state.

Not only would we have to keep track of the carry laws that pertain to us in the states we visit (which is what we have to do now), but what would govern our conduct and our carry in states that do not have shall-issue-type carry laws?

If this is intended to allow us to carry in MA, CA, IL, NJ, NY, what would the stipulations be? If there is not even a single, unified set of stipulations between FL and TX, what on earth would the set of rules be for a national reciprocity that allowed a FL CCW holder to carry in IL?

Every state (to my knowledge) has deadly force and self-defense laws. They vary by state, but they exist, so there's no place for a federal standard there. That leaves carry and posession laws.

If a state is may-issue, it will still have laws governing concealed carry conduct, no matter how rarely they issue licenses. So, an out-of-state license holder would still have to know and follow these laws, just like normal.

In the no-issue states (all two of them, iirc), there are two alternatives. Either there will be a federal list of off-limits areas (which I don't really like), or the state will just not honor any concealed carry licenses. This would technically be reciprocity, since the state does not even honor its own non-existant license. It would be analogous to a state not allowing anyone to drive, whether they were residents or not.

In any other case, things would be as they are now, and you would still have to know the laws of the state you happened to be in.

I think the goal here is not to have a unified national standard of CCW laws (aka, national licensing), but still have the states honor each other's licenses.

[one eyed fatman]

It's a good bet this bill could be no more than a hoax to make it look like somebody is pro gun. Just looking to please voters without a prayers chance in hell of it passing. Happens all the time.

[retsupt99]

...I am completely against a federal carry permit and the gov't messing with state's rights. However.... A regulatory bill about recognition of other states permits....

Stay armed...stay safe!

ret

[Captain Crunch]

It sounds like you guys need to remind the guy about who took him to the dance.
Did you happen to notice he can't even spell his own name right. It's J O H N.

No, actually it is spelled correctly. It's Jon, short for Jonathan.

[Captain Crunch]

Captain Crunch:

Thanks for the Tester update...I had been duped...grrrrr.

Randy,

Don't feel too bad, he duped 51% of the voters in Montana, too.

[Devone6]

Won't happen, but sounds ok.

+1 SixBravo and retsup99

[Steve48]

A snowball in hell comes into mind also to see this bill passed. Steve48

[jednp]

here's the kicker though. If they recognized ccw permits nationwide, but still allowed states to dictate where guns could be carried, then I'm sure laws would change. lets say a state such as Nebraska, we do not have preemption. So there are at least 13 cities that currently ban concealed carry. Some cities allow it but prohibit you from carrying in parks or bike paths. Some cities prohibit transporting firearms from 10pm to 7am.

So now everyone is forced to recognize all permits from all states. I really like that idea. but I fear what will happen in states without preemption. More cities will try to ban it. Cities that allow CCW might come up with laws restricting even more places. It certainly won't be recognized like drivers licenses. Sure, you can carry in this state but be sure to lock your gun up going through this town, that town, in this park, on that bike path.

It's a good idea on paper, but when it comes down to it the cities and states will probably restrict where you can carry even more heavily than they already have.

[Tom G]

Now that I've read every bodies input Im not so sure about federal control of ccw. It would be easy for who ever is in office to modify the law as to make it useless. It would make it easy to do a gun grab. Remember the UNs porposal to ban guns to all civilians. this federal permit sort of SMELLS the same way. If the federal permit was handled like a drivers license that would make more sense. Im not refering to the proposed new federal license

[DakotaXD]

I doubt that this will make it through the Senate, and House, but I do believe that Senator Thune did it for the right reason's. He is a Concealed Pistol Permit holder, here in South Dakota.

That was made public by the largest newspaper in South Dakota (Argus Leader) AKA Argus Liar. That liberal rag sent a team into the Attorney Generals Office to get the names of all of the permit holders, before a new law went into effect, that closed that info to the public.

They posted that database on line, and it is still being posted daily. They did not care about the objections, or the spirit of the new law that closed that info to any further prying eyes. They also posted names of all the politicians, and other people of note, in the state in a separate list.

This is not a Federal permit, it just makes it so other states recognize it, the same way my South Dakota Drivers License is valid, when I cross state lines.

[paramedic70002]

Here is the text of the bill. Honestly, I don't see a whole lot of heartburn here:

To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State. (Introduced in Senate)

S 388 IS


110th CONGRESS

1st Session

S. 388
To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.


IN THE SENATE OF THE UNITED STATES

January 25, 2007
Mr. THUNE (for himself, Mr. NELSON of Nebraska, Mr. SUNUNU, Mr. INHOFE, Mr. COBURN, Mr. BURR, Mr. MARTINEZ, Mr. CRAPO, Mr. BAUCUS, Mr. CORNYN, Mrs. DOLE, Mr. CRAIG, and Mr. LOTT) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


--------------------------------------------------------------------------------


A BILL
To amend title 18, United States Code, to provide a national standard in accordance with which nonresidents of a State may carry concealed firearms in the State.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS BY NONRESIDENTS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:

`Sec. 926D. National standard for the carrying of certain concealed firearms by nonresidents

`(a) In General- Notwithstanding any provision of the law of any State or political subdivision thereof, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and is carrying a valid license or permit which is issued by a State and which permits the person to carry a concealed firearm (other than a machinegun or destructive device) may carry in any State a concealed firearm (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) Limitations-

`(1) IN GENERAL- If a State other than the State that issued the license or permit described in subsection (a) issues licenses or permits to carry concealed firearms, a person may carry a concealed firearm in that State under the same restrictions which apply to the carrying of a concealed firearm by a person to whom that State has issued such a license or permit.

`(2) OTHER LIMITATIONS- If a State other than the State that issued the license or permit described in subsection (a) does not issue licenses or permits to carry concealed firearms, a person may not, in that State, carry a concealed firearm in a police station, in a public detention facility, in a courthouse, in a public polling place, at a meeting of a State, county, or municipal governing body, in a school, at a professional or school athletic event not related to firearms, in a portion of an establishment licensed by that State to dispense alcoholic beverages for consumption on the premises, or inside the sterile or passenger area of an airport, except to the extent expressly permitted by the law of that State.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following:

`926D. National standard for the carrying of certain concealed firearms by nonresidents.'.