national reprococity -H.R. 822

[jeanders11 0]

I know this topic comes up whenever the talk is of national reprococity. With the change of majority in the House there very well be a chance the bill H.R. 822 could pass.

 

How would New Jersey residents who possess non-resident CCW from Florida or Virginia be affected if New Jersey is forced to honor other states CCW.

 

If a resident of Florida with a carry permit and a New Jersey resident with a non-resident Florida carry permit were both carrying in New Jersey - would one person be arrested and the other not?

[Malsua 1,422]

From the earlier readings, a NJ resident with a FL CCW would not be able to carry in NJ but a resident from any other state holding a FL CCW would be. So yes, they'd arrest the resident and not the non-resident.

[Jon 264]

From the earlier readings, a NJ resident with a FL CCW would not be able to carry in NJ but a resident from any other state holding a FL CCW would be. So yes, they'd arrest the resident and not the non-resident.

 

This is how I understand it, as well.

 

We should all try to convince our representatives to vote "yes", as much of a long shot as it may be. With out-of-state residents carrying in NJ it will really open up the possibility of CCW being obtained through Legislative measures in this state.

[Malsua 1,422]

This is how I understand it, as well.

 

We should all try to convince our representatives to vote "yes", as much of a long shot as it may be. With out-of-state residents carrying in NJ it will really open up the possibility of CCW being obtained through Legislative measures in this state.

 

Except that it opens the door for federal regulation on carry. Next thing you know, we're begging the Feds for a carry permit and then, some anti-gun org sues the feds and instantly invalidates CCW across the country. The feds might also build a database of who's carrying what, effectively registering all our handguns. The feds are not to be trusted.

[Downr@nge 22]

We need constitutional carry.

[EX Carnival man 223]

By the time this has a chance of getting passed I hope to be a resident of Florida and a part time visitor of this well I can't write it, (state of NJ)

[jeanders11 0]

So....as I understand it.. after H.R. 822 passes. I have my doctorate, my NJ FID card, NRA pistol certification, NRA pistol instructor certification, my non-resident florida CCW, my non-resident virginia CCW, and can legally carry concealed in 40 states ..... and if were to attend a NRA organized meeting in New Jersey where 200 out-of-state residents attend and are legally carrying in NJ because of their home state CCW permits I would be singularly arrested and put in jail for 5-7 years just because of where my house is built? That is F***ed up Daisy!!

[EX Carnival man 223]

So....as I understand it.. after H.R. 822 passes. I have my doctorate, my NJ FID card, NRA pistol certification, NRA pistol instructor certification, my non-resident florida CCW, my non-resident virginia CCW, and can legally carry concealed in 40 states ..... and if were to attend a NRA organized meeting in New Jersey where 200 out-of-state residents attend and are legally carrying in NJ because of their home state CCW permits I would be singularly arrested and put in jail for 5-7 years just because of where my house is built? That is F***ed up Daisy!!

Thats NJ

[BigHayden 77]

Except that it opens the door for federal regulation on carry. Next thing you know, we're begging the Feds for a carry permit and then, some anti-gun org sues the feds and instantly invalidates CCW across the country. The feds might also build a database of who's carrying what, effectively registering all our handguns. The feds are not to be trusted.

 

Funny, we don't have the same concerns about federal regulation on driving. The bill in question just says that all states have to recognize each others' permits like they do drivers licenses and marriage licenses. Full faith and credit. The bill does not add any type of federal authority over anything; it just requires the states to recognize licenses from other states.

 

I'm as skeptical of goverment intentions as anyone, but this one really is a good bill (even if it doesn't really help us) if you read it.

[Malsua 1,422]

Funny, we don't have the same concerns about federal regulation on driving.

 

 

Because there isn't a large collective group of people actively seeking to deny driver licenses to the public.

[BigHayden 77]

Because there isn't a large collective group of people actively seeking to deny driver licenses to the public.

 

There isn't a large collective group of people actively seeking to deny carry licenses to the public either. There is a small group of big government liberals who can be classified that way, along with the sheep who follow them believing that rainbow farting unicorns (we really need that as a smiley...) will make everyone peaceful if we could only stop those gun nuts from having easy access to guns.

 

If the anti side was made up of such a huge portion of the public, why does the NRA have 4,000,000 members and the Brady Campaign have ~50,000? Hell, there are actually more gun owners in NJ than members of the Brady Campaign nationwide.

 

That's not to discount the threat to our rights by those who are positions of power, that have oodles of money to throw at it, or both (Bloomberg), but even Lautenmummy has recently said that full on gun control measures are politically impossible. That says a lot right there.

[joejaxx 38]

Except that it opens the door for federal regulation on carry. Next thing you know, we're begging the Feds for a carry permit and then, some anti-gun org sues the feds and instantly invalidates CCW across the country. The feds might also build a database of who's carrying what, effectively registering all our handguns. The feds are not to be trusted.

 

This bill is no different than the Firearm Owner Protection Act. The FOPA only PROTECTS, reiterates and reminds through law that citizens have a rigiht to traveling interstate with firearms (ie putting something in law that should have been a DUH-COMMON-SENSE thought for everyone). This bill just says that anyone with a resident carry license has a protected right to conceal carry in any another state while following the laws of course (AGAIN putting something in law that should have been a DUH-COMMON-SENSE thought for everyone). I would be EXTREMELY concerned if they were trying to pass a national carry license. That would open up the door for what you are talking about. Here are some portions of the actual bill for those who have not seen it yet. Enjoy. For once the federal government (congress) is doing something that is actually its main job: Protection of the basic rights of citizens of the United States against those who violate them instead of the opposite. I am a bit disappointed that this does not cover all types of carry but I can see why they would just mention concealed carry (first steps + there are some states where you can only conceal carry etc etc etc). To bad America has seen fit to accept permitting and licenses which give permission for exercising of rights.

 

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. SHORT TITLE.

 

This Act may be cited as the ‘National Right-to-Carry Reciprocity Act of 2011’.

 

SEC. 2. FINDINGS.

 

The Congress finds the following:

 

(1) The Second Amendment to the Constitution of the United States protects the fundamental right of an individual to keep and bear arms, including for purposes of individual self-defense.

 

(2) The Supreme Court of the United States has recognized this right in the case of District of Columbia v. Heller, and in the case of McDonald v. City of Chicago, has recognized that the right is protected against State infringement by the Fourteenth Amendment to the Constitution of the United States.

 

(3) The Congress has the power to pass legislation to protect against infringement of all rights protected under the Fourteenth Amendment to the Constitution of the United States.

 

(4) The right to bear arms includes the right to carry arms for self-defense and the defense of others.

 

(5) The Congress has enacted legislation of national scope authorizing the carrying of concealed firearms by qualified active and retired law enforcement officers.

 

(6) Forty-eight States provide by statute for the issuance to individuals of permits to carry concealed firearms, or allow the carrying of concealed firearms for lawful purposes without the need for a permit.

 

(7) The overwhelming majority of individuals who exercise the right to carry firearms in their own States and other States have proven to be law-abiding, and such carrying has been demonstrated to provide crime prevention or crime resistance benefits for the licensees and for others.

 

(8) The Congress finds that preventing the lawful carrying of firearms by individuals who are traveling outside their home State interferes with the constitutional right of interstate travel, and harms interstate commerce.

 

(9) Among the purposes of this Act is the protection of the rights, privileges, and immunities guaranteed to a citizen of the United States by the Fourteenth Amendment to the Constitution of the United States.

 

(10) The Congress, therefore, should provide for national recognition, in States that issue to their own citizens licenses or permits to carry concealed handguns, of other State permits or licenses to carry concealed handguns.

 

SEC. 3. 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

 

‘(a) Notwithstanding any provision of the law of any State or political subdivision thereof, related to the carrying or transportation of firearms, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm, may carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State, other than the State of residence of the person, that--

 

‘(1) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or

 

‘(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.

 

‘(b) A person carrying a concealed handgun under this section shall be permitted to carry a handgun subject to the same conditions or limitations that apply to residents of the State who have permits issued by the State or are otherwise lawfully allowed to do so by the State.

 

‘© In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, a firearm shall be carried according to the same terms authorized by an unrestricted license or permit issued to a resident of the State.

 

‘(d) Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms.’.

 

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

 

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

 

© Severability- Notwithstanding any other provision of this Act, if any provision of this section, or any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this section and amendments made by this section and the application of such provision or amendment to other persons or circumstances shall not be affected thereby.

 

(d) Effective Date- The amendments made by this section shall take effect 90 days after the date of the enactment of this Act.

[Malsua 1,422]

Sounds good. I say let it pass...once it's in, it's harder to stop these things anyway.

[71ragtopgoat 23]

Let it fail. I dont want the feds involved in any way telling us who can or can not CCW.

It's a slippery slope.Next thing you know it opens the door for congress to deny our 2A rights all together. Were hurting thats for sure but most of the USA seems to be just fine I say keep it that way by keeping congress out altogether.

[Ray Ray 3,566]

We need constitutional carry.

 

Yup, that's what we need.

[tommy3rd 132]

constitutional, legislated, whatever they wanna call it, i don't care. i just want to carry legally wherever i go without needing a badge.

[BigHayden 77]

Let it fail. I dont want the feds involved in any way telling us who can or can not CCW.

It's a slippery slope.Next thing you know it opens the door for congress to deny our 2A rights all together. Were hurting thats for sure but most of the USA seems to be just fine I say keep it that way by keeping congress out altogether.

 

Seriously? Instead of the feds stepping in and saying "every state needs to recognize every other state's CCW licenses" you'd rather have, what, what we have now? Where states get into pissing contests over whose training is better, and "we won't honor your permit because you only require 22 hours of training while we require a far superior 22.5 hours". If NJ does go shall-issue and we don't have national reciprocity, we won't have reciprocal agreements with any other states because it's up to the states' AGs to enter them, and our permit won't be good anywhere but here. Our current AG doesn't think you can carry at all, do you honestly believe that she (or any like her) would actively seek out agreements with other states? National reciprocity fixes that, short of national constitutional carry (which should be our ultimate goal, btw).

[NorthernYankee 94]

Seriously? Instead of the feds stepping in and saying "every state needs to recognize every other state's CCW licenses" you'd rather have, what, what we have now? Where states get into pissing contests over whose training is better, and "we won't honor your permit because you only require 22 hours of training while we require a far superior 22.5 hours". If NJ does go shall-issue and we don't have national reciprocity, we won't have reciprocal agreements with any other states because it's up to the states' AGs to enter them, and our permit won't be good anywhere but here. Our current AG doesn't think you can carry at all, do you honestly believe that she (or any like her) would actively seek out agreements with other states? National reciprocity fixes that, short of national constitutional carry (which should be our ultimate goal, btw).

 

+1

[mrjam2jab 9]

This is the part that answers the OP question:

 

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

 

‘(a) Notwithstanding any provision of the law of any State or political subdivision thereof, related to the carrying or transportation of firearms, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm, may carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State, other than the State of residence of the person, that--