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Get the latest facts on the new NY SAFE gun laws that effect you!

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H.R. 38


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56 replies to this topic

#1 slowryder

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Posted February 26 2017 - 07:37 PM

I
115th CONGRESS
1st Session
H. R. 38

IN THE HOUSE OF REPRESENTATIVES

January 3, 2017
Mr. Hudson (for himself, Mr. Smith of Missouri, Mr. Abraham, Mr. Cuellar, Mr. Gaetz, Mr. Holding, Mr. King of Iowa, Mr. LaMalfa, Mr. Palmer, Mrs. Wagner, Mr. Kinzinger, Mr. Thomas J. Rooney of Florida, Mr. Walker, Mr. Pittenger, Mr. Aderholt, Mr. Carter of Georgia, Mr. Graves of Georgia, Mr. Rogers of Alabama, Mr. Hensarling, Mr. Lamborn, Mr. Cramer, Mr. Cook, Mr. Westerman, Mr. Chabot, Mrs. Walorski, Mr. Mullin, Mr. Palazzo, Mr. Franks of Arizona, Mr. Jody B. Hice of Georgia, Mr. Meadows, Mr. Wenstrup, Mr. Williams, Mr. Smith of Texas, Mr. Huizenga, Mr. Amodei, Mr. Hunter, Mr. Farenthold, Mr. Jenkins of West Virginia, Mr. Emmer, Mr. Roe of Tennessee, Mr. Tipton, Mr. Johnson of Ohio, Mr. DesJarlais, Mrs. Hartzler, Mr. Duncan of South Carolina, Mr. Zeldin, Mr. Yoho, Mr. Sanford, Mr. Brat, Mr. Peterson, Mr. Duffy, Mr. Yoder, Mr. Buchanan, Mr. Cole, Mr. Newhouse, Mr. Turner, Mr. Brooks of Alabama, Mr. Katko, Mr. Ratcliffe, Mr. Hill, Mr. Olson, Mr. Harper, Mr. Buck, and Mr. Diaz-Balart) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State.

1.Short title
This Act may be cited as the Concealed Carry Reciprocity Act of 2017.

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:

926D.Reciprocity for the carrying of certain concealed firearms
(a)Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection ( b ) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying 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 or is entitled to carry a concealed firearm in the State in which the person resides, may possess or 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 that—
(1)has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or
(2)does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.
(b)This section shall not be construed to supersede or limit the laws of any State that—
(1)permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2)prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
©
(1)A person who carries or possesses a concealed handgun in accordance with subsections (a) and ( b ) may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for by this section. Presentation of facially valid documents as specified in subsection (a) is prima facie evidence that the individual has a license or permit as required by this section.
(2)When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsections (a) and ( b ).
(3)When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee.
(d)
(1)A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief.
(2)The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee.
(e)In subsection (a):
(1)The term identification document means a document made or issued by or under the authority of the United States Government, a State, or a political subdivision of a State which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.
(2)The term handgun includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine.
(f)
(1)A person who possesses or carries a concealed handgun under subsection (a) shall not be subject to the prohibitions of section 922(q) with respect to that handgun.
(2)A person possessing or carrying a concealed handgun in a State under subsection (a) may do so in any of the following areas in the State that are open to the public:
(A)A unit of the National Park System.
(B)A unit of the National Wildlife Refuge System.
©Public land under the jurisdiction of the Bureau of Land Management.
(D)Land administered and managed by the Army Corps of Engineers.
(E)Land administered and managed by the Bureau of Reclamation.
.

(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.

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#2 boosti

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Posted February 26 2017 - 07:55 PM

President Trump will sign this. It's a good time for people on this forum to apply for a pistol license.
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#3 2edgesword

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Posted February 26 2017 - 08:20 PM

Now is the time to get this through the House and Senate an onto the President's desk.


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#4 Trailblazer

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Posted February 26 2017 - 08:21 PM

Lets hope he does.



#5 boosti

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Posted February 26 2017 - 08:27 PM

Lets hope he does.

President Trump will sign it. It's a big F.U. to the liberals!
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#6 Skywalker

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Posted February 26 2017 - 08:34 PM

This is the moment.  

 

The average liberal doesn't know enough about firearms to fill a 22 brass.  

 

I'm sometimes accused of being too optimistic, but the logic of reciprocity is compelling.  



#7 Punisher1336

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Posted February 26 2017 - 08:51 PM

...sitting here on capital hill...
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#8 Phoenix69

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Posted February 26 2017 - 10:43 PM

I believe you need 60 votes in the Senate for this to pass. Even if all 52 Republicans sign on you will still need 8 Democrat votes.

#9 sigmann45

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Posted February 26 2017 - 11:52 PM

:popcorn


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#10 citypaul1

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Posted February 27 2017 - 08:11 AM

It does not take 60 votes to pass an ordinary bill in the Senate; it takes a majority of the senators voting. If everyone is present, it takes 51 votes, or 50 votes if the vice president votes to break the tie.
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#11 bill3rail

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Posted February 27 2017 - 09:01 AM

:popcorn

What he said!  Let's wait and see.

 

Bill



#12 Steyr AUG man

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Posted February 27 2017 - 11:43 AM

How will this help residents of New York State? The addition of one comma would help those of us licensed out of state. Without that comma, they can still screw us.

#13 joey52685

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Posted February 27 2017 - 02:44 PM

How will this help residents of New York State? The addition of one comma would help those of us licensed out of state. Without that comma, they can still screw us.

 

I really hope this opens up our options.  I don't see our restrictions being removed otherwise. 



#14 boosti

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Posted February 27 2017 - 03:38 PM

I really hope this opens up our options.  I don't see our restrictions being removed otherwise.

The non resident pistol license will help people living in restricted states like ours.
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#15 CJ

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Posted February 27 2017 - 04:43 PM

Is a Non-Resident license gonna work as a loophole? Pursuant to the law of a State (what State? Any State?) Then goes on to say "State in which person resides"

 

this is quoted from the bill.....

 

Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (B)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying 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 or is entitled to carry a concealed firearm in the State in which the person resides, may possess or 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 that



#16 Trailblazer

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Posted February 27 2017 - 05:20 PM

That's my new hobby now....getting out of state pistol licenses......


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#17 boosti

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Posted February 27 2017 - 05:27 PM

Is a Non-Resident license gonna work as a loophole? Pursuant to the law of a State (what State? Any State?) Then goes on to say "State in which person resides"
 
this is quoted from the bill.....
 
Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (B)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying 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 or is entitled to carry a concealed firearm in the State in which the person resides, may possess or 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 that

This video will help answer this.https://youtu.be/psQGJyOeT5I

#18 CJ

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Posted February 27 2017 - 06:02 PM

This video will help answer this.https://youtu.be/psQGJyOeT5I

 

That doesn't really answer much....... just some guy hoping that non resident permits will be good. Skip to 2:13 in the video and he says "it is my understanding....."

 

HR 38 states.............. "who is carrying 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 or is entitled to carry a concealed firearm in the State in which the person resides"

 

This is not a situation in which you want to get jammed up in...."Officer....a guy on youtube said I was good"



#19 boosti

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Posted February 27 2017 - 06:07 PM

That doesn't really answer much....... just some guy hoping that non resident permits will be good. Skip to 2:13 in the video and he says "it is my understanding....."
 
HR 38 states.............. "who is carrying 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 or is entitled to carry a concealed firearm in the State in which the person resides"
 
This is not a situation in which you want to get jammed up in...."Officer....a guy on youtube said I was good"

Let's hope we see this pass and makes it to President Trump to sign. Any cop can arrest you. Doesn't matter if you tell the cop you seen it on YouTube. You will need to research it over. If you visit another state you may need to notify an officer you are carrying a pistol by law.

#20 Steyr AUG man

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Posted February 27 2017 - 06:19 PM

Original Text:

 

“Concealed Carry Reciprocity Act of 2017”

 

 

If they put the word "either" and a comma in the following paragraph at the places i indicated, it wold allow our non-resident licenses from outside of NYS to be good in NYS. Absent the word "either", the comma should still suffice if folks know how to read english. The word "either" just makes it more clear. The ambiguity comes from non-lawyers writing bills. The SAFE act was the most convoluted piece of screwed up text i have ever read. i dont think lawyers wrote it.

 

(a) Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection ( b ) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is either carrying 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, or is entitled to carry a concealed firearm in the State in which the person resides, may possess or 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 that—...blah blah blah...

 

 

This way, there would be two ways to qualify for protection under the law. Either:

A). you have any CCW permit, non-resident or otherwise, from any state in the country, or

B). you are entitled to carry a firearm in your resident state under constitutional carry






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