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« National Carry Part II | Main | H.R. 38 The Details, cont'd. »

National Carry Part III

The Details

H.R. 38 -- ACTUAL BREAKDOWN OF THE BILL
You got none of this from either side
I had no idea until I studied the bill.

EXACT TITLE:
H.R. 38 “Concealed Carry Reciprocity Act of 2017”
(Rep. Hudson, Richard R-NC 8th District)

Introduced Jan 3, 2017, assigned to committee Jan. 12, 2017, passed in the House Dec. 7, 2017, with changes, additions, and a second bill H.R. 4477, Fix NICS, attached.

The Gist: If you can legally have a firearm, and you’re carrying valid government-issued photo ID, and you have a valid concealed-carry license, or you are simply entitled to carry concealed in your state (“Constitutional Carry,” a term coined in Arizona in 2010, an interesting story), you can have or carry a concealed handgun in any state that either makes a carry license available to its residents, or doesn’t prohibit concealed carry for lawful purpose. That now includes all 50 states. The bill language uses multiple terms (e.g., possessing, transporting, shipping or receiving; license or permit, etc.) for precision, replaced here with single terms (e.g., “carrying”) to get points across clearly. The bill itself in current form is ten pages long: https://www.congress.gov/bill/115th-congress/house-bill/38/all-info

The statute doesn’t say it in so many words, but this is full recognition of Constitutional Carry -- no government interference with the right to bear arms -- for people from states that have reached permitless Freedom To Carry (FTC; see also, Diplomatic Carry, the next step up: http://www.gunlaws.com/DiplomaticCarry.htm). America has 11 FTC states so far, with 22 actively working on it: http://www.gunlaws.com/ConstitutionalCarryIndex.htm.

The new law does this by referring to a person who, “is entitled to carry a concealed firearm in the State in which the person resides.” That’s everyone in FTC states. But watch this word entitled with care, it is a cornerstone of liberty or a brick in the wall against it.

Dangerous so-called “gun-free zones” get federal approval.

The law specifically recognizes state laws that allow private persons to create so-called (undefined) “gun-free zones.” The same goes for state or local governments to create make-believe “gun-free zones,” typically by posting signs or designating punishment.

The direct result is that what you might think is Freedom to Carry under this National Reciprocity Act excludes “official” gun-free zones. Where you can carry might be pretty small. The federal government is authorizing, “We don’t want your kind here,” in a massive civil-rights denial plan, delegated to localities. The public, and the states, are being empowered to ban legal exercise of your civil and human rights. The media and ALL legislators failed to note this detail.

Warning!
The unenforceable Clinton-era school-zones gun ban is essentially repealed under HR 38. Also under this bill, every locality in America could enact its own gun-free school-zones patchwork, like a preemption-free trap for everyone, if the school is on government or private property. That's pretty much all property. Am I the only one who noticed this, or did the Bloombergites figure this out and sneak it in there? I can’t see anything that would prevent it. [cont'd.]

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About the Author

  • Freelance writer Alan Korwin is a founder and past president of the Arizona Book Publishing Association. With his wife Cheryl he operates Bloomfield Press, the largest producer and distributor of gun-law books in the country. Here writing as "The Uninvited Ombudsman," Alan covers the day's stories as they ought to read. Read more.

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