National Right-to-Carry Bill Under Attack

September 26, 2011

(GunAuction.com) -- The NRA-ILA reported last week that the U.S. House Judiciary Committee's Subcommittee on Crime, Terrorism and Homeland Security recently held a hearing on H.R. 822, the "National Right-to-Carry Reciprocity Act of 2011."

This critically important bill, introduced earlier this year by Congressmen Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.) and cosponsored by more than 240 of their colleagues, would enable millions of permit holders to exercise their right to self-defense while traveling outside their home states, according to NRA-ILA.

There is currently only one remaining state (Illinois) that has no clear legal way for individuals to carry concealed firearms for self-defense. Forty states have permit systems that make it possible for any law-abiding person to obtain a permit, while most of the others have discretionary permit systems. (Vermont has never required a permit.)

H.R. 822 would mark a major step forward for gun owners' rights by significantly expanding where those permits are recognized. Dozens of states have passed Right-to-Carry laws over the past 25 years because the right to self-defense does not end when one leaves home. However, interstate recognition of those permits is not uniform and creates great confusion and potential problems for travelers. While many states have broad reciprocity, others have very restrictive reciprocity laws. Still others deny recognition completely.

H.R. 822 would solve this problem by requiring that lawfully issued carry permits be recognized, while protecting the ability of the various states to determine the areas where carrying is prohibited within their boundaries.

Unfortunately, but predictably, H.R. 822 continues to be attacked in some quarters, namely the anti-gun media, like the New York Times and the Washington Post; anti-gun organizations, like the Brady Campaign, and New York City Mayor Bloomberg's Mayors Against Illegal Guns; and, regrettably, even some so-called pro-gun organizations.

Opponents of the legislation claim that it tramples on each "states' rights." But states don't have rights, only powers. And while many anti-gun lawmakers who've long pushed national gun bans, national bans on private gun sales, national waiting periods and other federal restrictions have suddenly become born-again advocates of "states' rights" to oppose this bill, several provisions of the Constitution give Congress the authority to enact interstate carry. Congress also has the power to protect the rights of citizens, nationwide, under the 14th Amendment (please see related article from last week's Grassroots Alert).

Next, despite what a handful of "pro-gun" activists say, the bill would not create a federal licensing system, nor would it establish a minimum federal standard for the carry permit, NRA-ILA says. Rather, it would require the states to recognize each others' carry permits, just as they recognize driver's licenses and carry permits held by armored car guards.