S.845 - Respecting States Rights and Concealed Carry Reciprocity Act of 2009

This is a discussion on S.845 - Respecting States Rights and Concealed Carry Reciprocity Act of 2009 within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Anyone notice this one slip in recently... S 845 IS 111th CONGRESS 1st Session S. 845 To amend chapter 44 of title 18, United States ...

Results 1 to 12 of 12

Thread: S.845 - Respecting States Rights and Concealed Carry Reciprocity Act of 2009

  1. #1
    Member Array GizmoHD's Avatar
    Join Date
    Feb 2009
    Location
    Lexington, SC
    Posts
    78

    S.845 - Respecting States Rights and Concealed Carry Reciprocity Act of 2009

    Anyone notice this one slip in recently...


    S 845 IS

    111th CONGRESS

    1st Session

    S. 845

    To amend chapter 44 of title 18, United States Code, to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits, if the individual complies with the laws of the State.

    IN THE SENATE OF THE UNITED STATES

    April 21, 2009

    Mr. THUNE (for himself, Mr. BARRASSO, Mr. BEGICH, Mr. BENNETT, Mr. BROWNBACK, Mr. BURR, Mr. CHAMBLISS, Mr. COBURN, Mr. COCHRAN, Mr. CRAPO, Mr. DEMINT, Mr. ENSIGN, Mr. ENZI, Mr. GRAHAM, Mr. GRASSLEY, Mr. HATCH, Mr. INHOFE, Mr. ISAKSON, Mr. MARTINEZ, Mr. RISCH, Mr. ROBERTS, Mr. VITTER, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

    A BILL

    To amend chapter 44 of title 18, United States Code, to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits, if the individual complies with the laws of the State.

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

    SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Respecting States Rights and Concealed Carry Reciprocity Act of 2009’.

    SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.

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

    ‘Sec. 926D. Reciprocity for the carrying of certain concealed firearms

    ‘Notwithstanding any provision of the law of any State or political subdivision thereof:

    ‘(1) 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 pursuant to the law of any State and which permits the person to carry a concealed firearm, may carry a concealed firearm in accordance with the terms of the license or permit in any State that allows its residents to carry concealed firearms, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.

    ‘(2) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is otherwise than as described in paragraph (1) entitled to carry a concealed firearm in and pursuant to the law of the State in which the person resides, may carry a concealed firearm in accordance with the laws of the State in which the person resides in any State that allows its residents to carry concealed firearms, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.’.

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

    ‘926D. Reciprocity for the carrying of certain concealed firearms.’.

    SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.
    Last edited by GizmoHD; May 5th, 2009 at 12:10 AM. Reason: Change Title
    "Deeds Not Words" - Motto of the USS Gettysburg
    NRA Life Member
    http://www.alioofficium.com/ (Personal Responsibility)

  2. Remove Ads

  3. #2
    Member Array Rolling Oaks's Avatar
    Join Date
    Apr 2009
    Location
    USA
    Posts
    48
    Quote Originally Posted by GizmoHD View Post
    Anyone notice this one slip in recently...
    Yeah, unfortunately it'll never pass. The Demo's hold Congress. While I doubt we'll see any new gun control measures for the time being due to the intense political pressure on the Demo's, I seriously doubt that we'll see anything Pro-Rights make it through.

    And even if it does, it would be by a dangerously small majority... plus Obamarama will never sign it.
    Do whatever floats your boat, but don't dare to try and sink mine.

  4. #3
    Member Array Monkeytown's Avatar
    Join Date
    Apr 2009
    Location
    Alabama
    Posts
    217
    Although I like the idea of legislation like this, it is a clear overstepping of the enumerated powers of Congress and is treading on the rights of the States. It's disappointing b/c I thought Tom Coburn and Jim Demint knew better.
    "Any society that would give up a little liberty to gain a little security will deserve neither and lose both." Benjamin Franklin

    Steps in the stripping of State's Rights/Sovereignty
    1. War of Northern Agression 2. Coersion to ratify the 14th Amendment 3. Ratified 17th Amendment

  5. #4
    VIP Member Array AllAmerican's Avatar
    Join Date
    Nov 2008
    Location
    Chesterfield, Kakalaki del Sur
    Posts
    2,403
    Jim DeMint does know better. Surely you realize that these folks probably signed on knowing this bill was going nowhere. Well, except that RINO Graham.

    Yes, that happens, quite often.
    My Music: www.reverbnation.com/dickiefredericks
    New tunes added.
    "The Double Tap Center Mass Boogie. Learn it, know it, love it, shoot it. Good guys should live, bad guys not so much. " - Ted Nugent 09

  6. #5
    Member Array Monkeytown's Avatar
    Join Date
    Apr 2009
    Location
    Alabama
    Posts
    217
    Between Mark Sanford and Jim Demint SC has it going on. Just lose that loser Graham! haha

    We have 1 great Senator (Sessions) and one ok Senator (Shelby) here in AL. Our recently elected Rep. Bright (former Montgomery Mayor) is a bluedog dem. He has been doing good so far but worried about how long he can fight the tide.
    "Any society that would give up a little liberty to gain a little security will deserve neither and lose both." Benjamin Franklin

    Steps in the stripping of State's Rights/Sovereignty
    1. War of Northern Agression 2. Coersion to ratify the 14th Amendment 3. Ratified 17th Amendment

  7. #6
    Distinguished Member Array TerriLi's Avatar
    Join Date
    Mar 2009
    Location
    Georgia
    Posts
    1,231
    I actually like it alot. Also this I have to disagree as an over stepping. A similar bill has already passed that allows LEOs and retired LEOs to conceal carry in all states.
    I know not what this "overkill" means.

    Honing the knives, Cleaning the longguns, Stocking up ammo.

  8. #7
    Distinguished Member Array kazzaerexys's Avatar
    Join Date
    Nov 2007
    Location
    Maryland
    Posts
    1,838
    It's not over-stepping. This is exactly the sort of thing that is supported by the Privileges and Immunities clause, that is, the Feds setting the standards by which States must recognize each other's acts. In fact, this one is a little milder than previous National Reciprocity iterations, in that it allows non-issue states to continue not to allow concealed carry.

    It'll still never pass, unfortunately.
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.

  9. #8
    BAC
    BAC is offline
    VIP Member Array BAC's Avatar
    Join Date
    May 2007
    Location
    Tampa, FL
    Posts
    2,292
    Quote Originally Posted by Monkeytown View Post
    Although I like the idea of legislation like this, it is a clear overstepping of the enumerated powers of Congress and is treading on the rights of the States. It's disappointing b/c I thought Tom Coburn and Jim Demint knew better.


    A reading of the "privileges and immunities" clause that permits this is one that permits a citizen in one state committing what would be a crime in his state, but enjoying the protection of another state where such action is not a crime. No, thank you.


    -B
    RIP, Jeff Dorr: 1964 - July 17, 2009. You will be missed.


    Defensive Carry Search Tips


    Step 1 - Choose a subforum on right side under "Search in Forum(s)"
    Step 2 - Type general topic of interest in "Search by Keyword" textbox.
    Step 3 - Read results and refine/repeat as necessary.

  10. #9
    VIP Member Array nedrgr21's Avatar
    Join Date
    Jun 2008
    Location
    Midwest
    Posts
    3,586
    I'm thinking that if a DA wanted to be a jerk:
    State A has more restrictions/hoops to receiving a permit than State B. State B permit holder carries in State A. Permit holder may technically be breaking law of State A.

  11. #10
    Member Array FHBrumb's Avatar
    Join Date
    Jan 2008
    Location
    USA, where else?
    Posts
    495
    Some states are tougher to get a driver's license in, but all states recognise the driving priviledge of a licence holder.
    Washington Post 06/28/2010 re: Supreme Court Decision
    "The court's decision means that the enigmatically worded Second Amendment... identifies an individual right to gun ownership, like the freedom of speech, that cannot be unduly restricted by Congress, state laws or city ordinances. "

  12. #11
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,658

    Hardly

    Quote Originally Posted by BAC View Post


    A reading of the "privileges and immunities" clause that permits this is one that permits a citizen in one state committing what would be a crime in his state, but enjoying the protection of another state where such action is not a crime. No, thank you.
    -B
    Hardly, though I don't actually quite see what you might really be meaning.

    In any case, a society that can find a way to make driver's licenses recognized nationwide and to also have fairly uniform traffic codes, and a society that can recognize marriages and divorces no only done in other states but in other countries, can surely find a way to make the CHL nationally recognized.

    I'm constantly puzzled by the "states rights" arguments which are couched in terms that promote the anti- position.

    The reason the legislation under discussion will go nowhere is that it is not "serious" legislation. The sponsors did not obtain a single sponsor from the other side of the aisle, and I am going to guess, didn't really even bother to try to do so. There probably aren't more than 20 firm opponents to such a bill within The Senate.

    This present effort is just posturing to the base, and not serious legislative effort.

  13. #12
    Member Array FHBrumb's Avatar
    Join Date
    Jan 2008
    Location
    USA, where else?
    Posts
    495
    I agree that the rights of the States are not being stepped on.

    The criteria for selecting the recipient of a permit may be different, but the law is not being broken, as long as the criteria is met and the permit is awarded legally.

    The States would need to work out a more closely matched set of criteria. The law requiring the permit, would not be effected. I'd also think that a permit would need to be awarded only in the home State. Otherwise, the State with the least restrictive criteria will get all of the permits and subsiquent revenue.

    The age of consent to marry is not the same in all states, but once married in one state, the couple is legally married everywhere in the US. The red tape to marry is not the same in all States. Same dealio... How many folks run off to Vegas to get married, because there is no red tape and no delay? Their marraige is legal in all 50 States.

    I also agree that this will sit in a Pigeon Hole for all of ETERNITY. This is a handful of Public Officials showing their constituents that they back Gun Rights. That's all.
    Washington Post 06/28/2010 re: Supreme Court Decision
    "The court's decision means that the enigmatically worded Second Amendment... identifies an individual right to gun ownership, like the freedom of speech, that cannot be unduly restricted by Congress, state laws or city ordinances. "

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Do you think states should honor other states' concealed carry permits?
    By DaveH in forum Concealed Carry Issues & Discussions
    Replies: 83
    Last Post: July 29th, 2009, 04:29 PM
  2. Rights and Concealed Carry Reciprocity Act, S. 3207
    By mrreynolds in forum The Second Amendment & Gun Legislation Discussion
    Replies: 18
    Last Post: December 8th, 2008, 10:03 PM
  3. Limited concealed carry law/rights?
    By drstalker in forum Concealed Carry Issues & Discussions
    Replies: 18
    Last Post: May 2nd, 2008, 12:55 AM
  4. National Reciprocity for Concealed Carry
    By ArmedAviator in forum Concealed Carry Issues & Discussions
    Replies: 2
    Last Post: April 16th, 2008, 11:25 AM
  5. Concealed Carry while travelling through different states
    By MichaelJ07 in forum Concealed Carry Issues & Discussions
    Replies: 22
    Last Post: December 22nd, 2007, 11:29 AM

Search tags for this page

concealed carry ut title 18 amendment

,

reciprocity for all state concealed carry licences

,

respecting states rights and concealed carry reciprocity act, s.845

,

s.845.is

,

states respecting conceiled carry from another state

,

states respecting gun permits

,

states rights concealed carry

,

united states reciprocity act

,

washington state concealed carry respecting states

Click on a term to search for related topics.