A Science-Based Analysis of H.R.381 §926D and S.B. 446 (115th Congress, 1st Session): Title I — Constitutional Concealed Carry Reciprocity Act of 2017

December 20, 2017

To amend Title 18, US Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms2 may also do so in any State

Key Provision of §926D that would be added if this legislation were enacted:

Persons who possess a valid permit to carry a concealed handgun in the State in which they reside, with proper identification and the permit on their person, may possess or carry a concealed handgun (other than a machinegun or destructive device){includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine} that has been shipped or transported in interstate or foreign commerce, in any state, including State and National Parks, that has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm or does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.

Facts and Analyses

1. H. R. 38 & S.B. 446 (§926D) would allow individuals with concealed weapon permits in their home state to carry a concealed handgun in every state and the District of Columbia, regardless of the state laws in the state in which they are visiting.  Every State and the District of Columbia have provisions to carry concealed handguns; however, states differ in the procedures and requirements to issue such permits.  This bill would override each state’s right to fully regulate concealed weapons by applying one’s home state regulations to apply elsewhere and clearly increase the number of persons permitted to carry a handgun in states with more restrictive regulations.  There are three types of state laws/regulations regarding concealed handguns:  as of 20153

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1 H.R. 38, which has passed in the House, includes provisions beyond those in §926D, provisions that are not addressed in this analysis.  S.B. 446 exclusively adds §926D to the statute.

2 This means that persons with permits to carry a concealed handgun in their home state can carry concealed handguns in states in which they may not have fulfilled the requirements to secure such a permit. 

3 Siegel, M., Ziming, X., Ross, C.S., Galea, S., Kalesan, B., Fleegler, E., & Goss, K. A. (2017). Easiness of legal access to concealed firearm permits and homicide rates in the United States. American Journal of Public Health, 107(12), 1923-1929.

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For more information, contact:

Dr. Michael B. Greene, Chair, Violence Prevention Working Group, National Prevention Science Coalition to Improve Lives; mbgchef@gmail.com

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Questions/comments, contact: Jbair@c-trans.org