Wednesday, November 16, 2011

House passes national reciprocity

HR 822 passed the house and will be going on its way to the Senate.

From Thomas
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. 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 (except as provided in subsection (b)), a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a valid identification document containing a photograph of the person, 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 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, 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) The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so.

`(c) In subsection (a), 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.'.

(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.'.

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

SEC. 3. GAO AUDIT OF THE STATES' CONCEALED CARRY PERMIT OR LICENSING REQUIREMENTS FOR NON-RESIDENTS.

(a) The Comptroller General of the United States shall conduct an audit of--

(1) the laws and regulations of each State that authorize the issuance of a valid permit or license to permit a person, other than a resident of such State, to possess or carry a concealed firearm, including a description of the permitting or licensing requirements of each State that issues concealed carry permits or licenses to persons other than a resident of such State;

(2) the number of such valid permits or licenses issued or denied (and the basis for such denials) by each State to persons other than a resident of such State; and

(3) the effectiveness of such State laws and regulations in protecting the public safety.

(b) Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted under subsection (a).

There were several votes on this, including amendments. Nine amendments. All of them failed, as did the "motion to recommit"

The Final Bill passed 272-154 with 7 not voting. This was a mostly party line vote. 43 Democrats voted yes and 7 Republicans voted no. The Republican no votes were Justin Amash, Robert Dold, Michael Grimm, Peter King, Dan Lungren, Bob Turner, and Rob Woodall. Interesting, three of the no votes were from metro New York City.

Among the Michigan Delegation on the final Bill
Yes - Huizenga, Camp, Rogers, McCotter, Benishek, Upton, Walberg, Huizenga, Miller, Dingell
No - Amash, Peters, Levin, Clarke, Conyers,

Not good, Amash. Not good at all.

Roll Call has the amendments listed

Rob Woodall (R-Ga.), to protect the right of states that already have reciprocal agreements in place to continue enforcing those pre-existing agreements. Failed 140-280
. 14 Republicans supported, 63 dems opposed.
Michigan Delegation's yes votes voted no and vice versa.

Carolyn McCarthy (D-NY), to specify that the legislation can only go into effect in states that have passed legislation enacting the bill. Failed 147-274.
That effectively kills the bill. 4 Republicans voted yes. 43 Democrats voted no. Republicans voting yes were Amash, Dold, Woodall, and King.

There's a few others amendments in the same mold. The Roll Calls are all here.

2 comments:

Communications guru said...

So much for that teabagger BS about “state’s rights” and the 10th Amendment. The only good news is that this is DOA in the Senate.

Communications guru said...

I just wanted to make sure you didn't miss this great editorial:

http://www.livingstondaily.com/article/20111121/OPINION01/111210302/Gun-reciprocity-shoots-holes-states-rights