National Reciprocity - It Begins

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  • Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    Just got off the phone with Representative Cliff Stearn's office (Florida's Sixth) about H.R. 822 :

    "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."


    This is the National Reciprocity Bill we have been waiting for. It is the House version of the Thune Amendment. This action is coordinated with Senator Thune.

    Text is not available, but here are some details:
    • Provides National Reciprocity for people that have permits from their home state
    • DOES NOT extend carry privileges to those who live in no-issue or may-issue states. We must still fight the good fight in the courts.
    • Requires that a state recognize a valid out-of-state permit at the equivalent level of their highest, or unrestricted, permit given to their own citizens.
    • While it preempts the obvious state laws, it in no way attempts to override local regulations regarding the manner, wear or carry of a weapon. So if it is illegal to bear arms in a restaurant with a bar in a North Carolina, you will not be exempt from these rules because you are from out of state. You need to know the rules where you carry.
    • There is a severability clause. If any portion is struck down, the remaining portions survive.
    • You will need to have a valid state ID with your permit when you carry.

    There are some minor differences between the Senate and House versions right now, mainly having to do with some definitions and terms. The key points are in agreement.

    Also, the question of what to do with Vermont: Vermont does not offer permits to their residents. They are Constitutional Carry. There is no answer yet. They are working it.

    In terms of timing and approach, there are several options on the table. They are working them all and are serious about getting this through the sausage factory in a format that the president will sign.

    My Thoughts:

    There are bound to be some disappointed people in Maryland, California and elsewhere over this simply because it does not extend permits our way. That would be a step too far for the legislation right now - remember that there is no recognized right to bear arms in public right now. That is what all these cases we discuss (Woollard, Palmer, Richards, etc.) are doing: establishing that jurisprudence. This law will eventually apply to us.

    In the meantime, it is important to recognize what this does in May-Issue states. Virginia permit holders will have unrestricted carry permits in Maryland. Read that again.

    This helps all of us. It proves that lawfully armed citizens are not going to destroy the state. It will increase pressure on our politicians when it is demonstrated that the "blood on the streets" predictions are hollow. The simple fact is that the people of Virginia will have greater access to their right in Maryland than its own residents. This will make a difference.

    H/T to John at OnlyGunsAndMoney for originally breaking the story last night.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,759
    Well said as always.

    It will be much harder for Maryland politicians to convince people that the CCW holders in other states are walking around like Yosemite Sam, and their cities have turned into a giant version of the OK corral because of concealed carry, when they begin to live around concealed carry. We must remember that not only do we have the benefit of education on the subject, many of us have traveled outside of Maryland.

    I would say with Vermont, the driver's license should be the permit.

    I'm sure it will piss off some people in Maryland, but remember, the court is going to look at this and say "Damn, not only are 41 states doing CCW, 5 of them doing no permits, but the US Congress is extending gun rights nationwide. Maryland, your restrictive may issue is NOT the norm and as such, the "Good and Substantial Reason" clause is null, void and unenforceable."
     

    Hopalong

    Man of Many Nicknames
    Jun 28, 2010
    2,921
    Howard County
    Nice. If it weren't for Wollard, I'd be tempted to move to Virginia and get a CCW just so I could carry in Maryland if this passes.
     

    krucam

    Ultimate Member
    This was/is to be attached to some "must pass" bill IIRC. Hmm, federal budget extension is set to expire 3/4 I believe...:innocent0

    If this goes through, I'll contribute to a dinner for a bunch of VA Carry folks on the MD side of the 301 Bridge...
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,522
    does any part of this bill create mandatory licensing requirements?(on my way to read it now, figured this is a quicker and lazier way in the meanwhile). Also, does this only apply to resident permits? AKA, my floriday non-res permit would NOT be valid to carry in md right?
     

    HardHatMan

    FBHO
    Jul 14, 2009
    5,473
    Virginia
    does any part of this bill create mandatory licensing requirements?(on my way to read it now, figured this is a quicker and lazier way in the meanwhile). Also, does this only apply to resident permits? AKA, my floriday non-res permit would NOT be valid to carry in md right?

    Correct. This covers permits issued only by ones home state. Its a step in the right direction though. Us Marylanders just have to work a little harder.
     

    frozencesium

    BBQ Czar
    MDS Supporter
    Feb 5, 2008
    3,432
    Tampa, FL
    does any part of this bill create mandatory licensing requirements?(on my way to read it now, figured this is a quicker and lazier way in the meanwhile). Also, does this only apply to resident permits? AKA, my floriday non-res permit would NOT be valid to carry in md right?

    Quoting Patrick:

    "Provides National Reciprocity for people that have permits from their home state"

    This would mean you have to have a permit issued by the state you are a legal resident of, so no, our non-res FL permits would not be valid in MD.

    Patience grasshopper, 2ish years (Wollard case) and we'll be shall-issue.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,759
    No non-resident permits unfortunately, unless the state chooses to honor them. It does not compel states to issue permits.

    This is going to get interesting because:

    In this corner:

    If it passes and is added to the bill, will the president risk shutting down the government? Will the anti-gun people somehow turn this against the Republicans?

    In the other corner:

    Will the people who aren't affected by it support it? Will the people not support it because it still uses permits?
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,522
    Quoting Patrick:

    "Provides National Reciprocity for people that have permits from their home state"

    This would mean you have to have a permit issued by the state you are a legal resident of, so no, our non-res FL permits would not be valid in MD.

    Patience grasshopper, 2ish years (Wollard case) and we'll be shall-issue.

    yeah, just clarifying that early for people reading this. Md requires too much patience. I don't know how a week waiting period can be called a "cooling off period". I'm always so much more stressed and pissed off at the end of the week of not getting to have the thing i bought than at the beginning when i was happy to pay for the new addition.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,759
    Not to justify the waiting period, but have you ever written a letter or something, then went to bed, then the next day woke up and said "Damn I was really an ass in this?"
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,522
    Not to justify the waiting period, but have you ever written a letter or something, then went to bed, then the next day woke up and said "Damn I was really an ass in this?"

    ehhh, why would i write another letter if i have 10 of the same letter sitting at home already?
     

    oldsarge

    Old & Crusty
    Jan 14, 2009
    1,342
    Calvert County
    [*]DOES NOT extend carry privileges to those who live in no-issue or may-issue states. We must still fight the good fight in the courts.

    .

    Does this mean that if you have a Maryland carry permit, it won't be valid in other states since MD is a may issue state? If not then will I be able to use my Md carry permit in all 50 states and DC?
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,759
    Does this mean that if you have a Maryland carry permit, it won't be valid in other states since MD is a may issue state? If not then will I be able to use my Md carry permit in all 50 states and DC?

    If you had a Maryland permit, it would be valid in any state. It just means the bill does not compell Maryland to issue permits.
     

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