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115th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {      115-433

======================================================================



 
                CONCEALED CARRY RECIPROCITY ACT OF 2017

                                _______
                                

December 4, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                         [To accompany H.R. 38]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 38) 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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     4
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................    21
New Budget Authority and Tax Expenditures........................    22
Congressional Budget Office Cost Estimate........................    22
Duplication of Federal Programs..................................    23
Disclosure of Directed Rule Makings..............................    23
Performance Goals and Objectives.................................    23
Advisory on Earmarks.............................................    23
Section-by-Section Analysis......................................    24
Changes in Existing Law Made by the Bill, as Reported............    24
Dissenting Views.................................................    44

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Concealed Carry Reciprocity Act of 
2017''.

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)) 
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.
  ``(c)(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.
          ``(C) 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.
          ``(F) Land administered and managed by the Forest Service.''.
  (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) 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.

SEC. 3. RULE OF CONSTRUCTION.

  Nothing in this Act prohibits a law enforcement officer with 
reasonable suspicion of a violation of any law from conducting a brief 
investigative stop in accordance with the Constitution of the United 
States.

SEC. 4. CERTAIN OFF-DUTY LAW ENFORCEMENT OFFICERS AND RETIRED LAW 
                    ENFORCEMENT OFFICERS ALLOWED TO CARRY A CONCEALED 
                    FIREARM, AND DISCHARGE A FIREARM, IN A SCHOOL ZONE.

  Section 922(q) of title 18, United States Code, is amended--
          (1) in paragraph (2)(B)--
                  (A) by striking ``or'' at the end of clause (vi); and
                  (B) by redesignating clause (vii) as clause (ix) and 
                inserting after clause (vi) the following:
          ``(vii) by an off-duty law enforcement officer who is a 
        qualified law enforcement officer (as defined in section 926B) 
        and is authorized under such section to carry a concealed 
        firearm, if the firearm is concealed;
          ``(viii) by a qualified retired law enforcement officer (as 
        defined in section 926C) who is authorized under such section 
        to carry a concealed firearm, if the firearm is concealed; 
        or''; and
          (2) in paragraph (3)(B)--
                  (A) by striking ``or'' at the end of clause (iii);
                  (B) by striking the period at the end of clause (iv) 
                and inserting a semicolon; and
                  (C) by adding at the end the following:
          ``(v) by an off-duty law enforcement officer who is a 
        qualified law enforcement officer (as defined in section 926B) 
        and is authorized under such section to carry a concealed 
        firearm; or
          ``(vi) by a qualified retired law enforcement officer (as 
        defined in section 926C) who is authorized under such section 
        to carry a concealed firearm.''.

SEC. 5. INTERSTATE CARRYING OF FIREARMS BY FEDERAL JUDGES.

  (a) In General.--Chapter 44 of title 18, United States Code, as 
amended by section 2(a) of this Act, is amended by inserting after 
section 926D the following:

``Sec. 926E. Interstate carrying of firearms by Federal judges

  ``Notwithstanding any provision of the law of any State or political 
subdivision thereof, a Federal judge may carry a concealed firearm in 
any State if such judge is not prohibited by Federal law from receiving 
a firearm.''.
  (b) Clerical Amendment.--The table of sections for such chapter, as 
amended by section 2(b) of this Act, is amended by inserting after the 
item relating to section 926D the following:

``926E. Interstate carrying of firearms by Federal judges.''.

                          Purpose and Summary

    H.R. 38 allows persons with valid state-issued concealed 
firearm permits/licenses--or those who live in states that 
allow non-prohibited persons to carry a concealed firearm 
without a permit/license--to carry a concealed firearm in any 
other state that also issues concealed firearm permits/
licenses, or in any other state that does not generally 
prohibit the carrying of concealed firearms.

                Background and Need for the Legislation

    All fifty states currently permit concealed carry in some 
manner. Thirty states have ``shall issue'' permit laws, which 
require states to issue a permit to people who meet the legal 
requirements for a concealed carry permit. Eight states have 
``may issue'' or discretionary permit laws that are 
administered in varying ways, but in every state, the 
government has full discretion on whether to grant a permit or 
not. Twelve states allow the carrying of a concealed weapon 
without any permit or license. Six years ago, there were only 
three such states. Many jurisdictions honor a permit or license 
issued by other jurisdictions. In these situations, recognition 
may be granted to all jurisdictions or a subset that meet a set 
of permit-issuing criteria, such as training comparable to the 
honoring jurisdiction or certain background checks. Several 
states have entered into formal agreements to mutually 
recognize permits. A few states do not recognize permits issued 
by any other jurisdiction but offer non-resident permits for 
out-of-state individuals who wish to carry while visiting such 
states. There are also states that neither recognize out-of-
state concealed carry permits nor issue permits to non-
residents, resulting in a complete ban on concealed carry by 
non-residents in such states.
    In a 2008 opinion striking down Washington D.C.'s district-
wide handgun ban, the U.S. Supreme Court recognized ``that the 
Second Amendment conferred an individual right to keep and bear 
arms'' that stems in large part from the right to protect 
oneself, as well as ``one's home and family,'' from harm.\1\ 
Specifically, the Heller decision found that the right to self-
defense, as opposed to the creation of a militia or other 
principles, ``was the central component of the right 
itself.''\2\ More recently, in McDonald v. City of Chicago,\3\ 
the Supreme Court clarified that the Second Amendment rights 
discussed in Heller also extend to the states.
---------------------------------------------------------------------------
    \1\See District of Columbia v. Heller, 554 U.S. 570 (2008).
    \2\Id. at 599.
    \3\561 U.S. 742 (2010).
---------------------------------------------------------------------------
    The use of firearms in self-defense is prevalent. According 
to the National Self Defense Survey conducted by criminologists 
from Florida State University, Americans use guns in self-
defense an estimated 2.2 to 2.5 million times a year, or every 
13 seconds.\4\ This same study found that, in general, simply 
brandishing a gun or firing a warning shot is sufficient to 
defend against an attacker in most cases of self-defense 
involving a firearm. Only 24 percent of people surveyed 
reported firing a gun in self-defense, and just eight percent 
reported wounding an assailant with a gun.\5\
---------------------------------------------------------------------------
    \4\See Gary Kleck & Marc Gertz, Armed Resistance to Crime: The 
Prevalence and Nature of Self Defense with a Gun, 86 J. Crim. L. & 
Criminology 150, 164 (1995).
    \5\Id. at 173.
---------------------------------------------------------------------------
    There is also no evidence that law-abiding permit holders 
are a threat to public safety. The state of Florida, which has 
issued over three million concealed carry permits since it 
adopted a right-to-carry law in 1987, has only permanently 
revoked 0.3 percent of the total issued permits and as of 2011 
(the last year statistics were kept), only 168 concealed carry 
permits were revoked due to the use of a firearm in a crime 
(just 0.008 percent).\6\
---------------------------------------------------------------------------
    \6\See Florida Department of Agriculture and Consumer Services, 
Division of Licensing, Concealed Weapon/Firearm Summary Report, http://
www.freshfromflorida.com/content/download/7499/118851/cw_monthly.pdf.
---------------------------------------------------------------------------
    Finally, under current federal law, certain active-duty and 
retired law enforcement officers are permitted to carry 
concealed firearms across state lines, even while off duty.\7\ 
In 2010, Congress passed and President Obama signed legislation 
to expand the categories of current and retired law enforcement 
officers who are entitled to carry concealed weapons across 
state lines.\8\ H.R. 38 would extend the same ability to carry 
concealed weapons across state lines to other law-abiding 
citizens.
---------------------------------------------------------------------------
    \7\See 18 U.S.C. Sec. Sec. 26B and 926C.
    \8\See P.L. 111-272.
---------------------------------------------------------------------------

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 38.

                        Committee Consideration

    On November 29, 2017, the Committee met in open session and 
ordered the bill, H.R. 38, favorably reported, with an 
amendment, by a roll call vote of 19 to 11, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call votes occurred during the Committee's 
consideration of H.R. 38.
    1. An amendment offered by Mr. Nadler to prohibit 
individuals convicted of any violent crime, including 
misdemeanors, from carrying a concealed firearm was defeated by 
a roll call vote of 12 to 15.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................      X
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................     12      15
------------------------------------------------------------------------


    2. An amendment offered by Mr. Deutch to allow a state to 
prohibit the carrying of a concealed firearm on private 
property was defeated by a roll call vote of 10 to 14.

                             ROLLCALL NO. 2
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
 Mr. Goodlatte (VA), Chairman..................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................     10      14
------------------------------------------------------------------------


    3. An amendment offered by Ms. Jackson Lee to prohibit 
individuals convicted of domestic violence or stalking from 
being covered by the bill was defeated by a roll call vote of 8 
to 16.

                             ROLLCALL NO. 3
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      8      16   .......
------------------------------------------------------------------------

    4. An amendment offered by Ms. Lofgren to require that 
permit holders acquire concealed carry permits in their home 
state was defeated by a roll call vote of 8 to 17.

                             ROLLCALL NO. 4
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      8      17
------------------------------------------------------------------------

    5. An amendment offered by Mr. Cohen to prohibit those 
under the age of 21 from carrying a concealed firearm was 
defeated by a roll call vote of 8 to 17.

                             ROLLCALL NO. 5
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................              X
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      8      17
------------------------------------------------------------------------


    6. An amendment offered by Mr. Issa to permit a federal 
judge to carry a concealed firearm passed by a roll call vote 
of 18 to 6.

                             ROLLCALL NO. 6
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................      X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................      X
Mr. Issa (CA)..................................      X
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................      X
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................      X
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................      X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................      X
Mr. Buck (CO)..................................      X
Mr. Ratcliffe (TX).............................      X
Ms. Roby (AL)..................................      X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................      X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................      X
Ms. Handel (GA)................................      X
 
Mr. Nadler (NY), Ranking Member................              X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................              X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................              X
Mr. Swalwell (CA)..............................              X
Mr. Lieu (CA)..................................              X
Mr. Raskin (MD)................................
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................              X
                                                ------------------------
    Total......................................     18       6   .......
------------------------------------------------------------------------


    7. An amendment offered by Mr. Cicilline to limit the 
number of rounds of ammunition in the firearm being carried 
pursuant to this bill was defeated by a roll call vote of 7 to 
17.

                             ROLLCALL NO. 7
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      7      17
------------------------------------------------------------------------


    8. An amendment offered by Mr. King to clarify that Members 
of Congress were included among those permitted to carry a 
concealed firearm pursuant to this bill was defeated by a roll 
call vote of 10 to 11.

                             ROLLCALL NO. 8
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................      X
Mr. Issa (CA)..................................      X
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................      X
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................
Ms. Roby (AL)..................................
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................      X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................      X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................              X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................              X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................              X
Mr. Swalwell (CA)..............................              X
Mr. Lieu (CA)..................................              X
Mr. Raskin (MD)................................
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................              X
                                                ------------------------
    Total......................................     10      11
------------------------------------------------------------------------


    9. An amendment offered by Mr. Swalwell to allow states to 
limit the eligibility of persons to carry a concealed firearm 
in their states was defeated by a roll call vote of 7 to 12.

                             ROLLCALL NO. 9
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................
Mr. Buck (CO)..................................
Mr. Ratcliffe (TX).............................
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................              X
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      7      12
------------------------------------------------------------------------


    10. An amendment offered by Mr. Swalwell to prohibit a 
person from carrying a concealed firearm who has been convicted 
of a misdemeanor offense of assaulting or impersonating a 
police officer failed by a roll call vote of 8 to 15.

                             ROLLCALL NO. 10
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................
Mr. Biggs (AZ).................................              X
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      8      15
------------------------------------------------------------------------


    11. An amendment offered by Mr. Deutch to prohibit a person 
from carrying a concealed firearm who has been convicted of 
animal cruelty during the previous five years failed by a roll 
call vote of 8 to 12.

                             ROLLCALL NO. 11
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................
Mr. Biggs (AZ).................................              X
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      8      12
------------------------------------------------------------------------


    12. An amendment offered by Mr. Raskin to require states to 
establish a permit hotline in order for their permit holders to 
be able to carry across state lines failed by a roll call vote 
of 8 to 17.

                             ROLLCALL NO. 12
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................              X
Mr. Johnson (LA)...............................
Mr. Biggs (AZ).................................              X
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      8      17
------------------------------------------------------------------------


    13. An amendment offered by Ms. Jackson Lee to prohibit a 
person from carrying a concealed firearm who has been convicted 
of a hate crime failed by a roll call vote of 8 to 19.

                             ROLLCALL NO. 13
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................              X
Mr. Johnson (LA)...............................
Mr. Biggs (AZ).................................              X
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      8      19
------------------------------------------------------------------------


    14. An amendment offered by Mr. Schneider to prohibit a 
person from carrying a concealed firearm who has been convicted 
of a second misdemeanor offense of driving under the influence 
within the previous five years failed by a roll call vote of 9 
to 18.

                             ROLLCALL NO. 14
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................              X
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................              X
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      9      18
------------------------------------------------------------------------


    15. An amendment offered by Mr. Swalwell to require states 
to implement private sale background checks before their 
permits would be recognized failed by a roll call vote of 10 to 
18.

                             ROLLCALL NO. 15
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................              X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................              X
Mr. Johnson (LA)...............................
Mr. Biggs (AZ).................................              X
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Nadler (NY), Ranking Member................      X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................     10      18
------------------------------------------------------------------------


    16. Motion to report H.R. 38 favorably to the House. 
Approved 19 to 11.

                             ROLLCALL NO. 16
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................      X
Mr. Issa (CA)..................................      X
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................      X
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................      X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................      X
Mr. DeSantis (FL)..............................      X
Mr. Buck (CO)..................................      X
Mr. Ratcliffe (TX).............................      X
Ms. Roby (AL)..................................      X
Mr. Gaetz (FL).................................      X
Mr. Johnson (LA)...............................      X
Mr. Biggs (AZ).................................      X
Mr. Rutherford (FL)............................      X
Ms. Handel (GA)................................      X
 
Mr. Nadler (NY), Ranking Member................              X
Mr. Conyers, Jr. (MI)..........................
Ms. Lofgren (CA)...............................              X
Ms. Jackson Lee (TX)...........................              X
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................              X
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................              X
Mr. Swalwell (CA)..............................              X
Mr. Lieu (CA)..................................              X
Mr. Raskin (MD)................................              X
Ms. Jayapal (WA)...............................
Mr. Schneider (IL).............................              X
                                                ------------------------
    Total......................................     19      11
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to H.R. 38, the following estimate and comparison 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 4, 2017.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 38, the Concealed 
Carry Reciprocity Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

cc: Honorable Jerrold Nadler
   Ranking Member




            H.R. 38--Concealed Carry Reciprocity Act of 2017


As ordered reported by the House Committee on the Judiciary on November 
                                29, 2017




    H.R. 38 would allow persons who are licensed to carry 
concealed firearms in their state of residence to carry 
concealed handguns in other states if those states have a 
permitting process for individuals seeking to carry a concealed 
firearm. CBO estimates that implementing the bill would have no 
significant cost to the federal government.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 38 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 38 would impose an intergovernmental mandate as 
defined in the Unfunded Mandates Reform Act (UMRA) by 
preempting some state laws that limit the ability of 
nonresidents to carry concealed weapons. Laws allowing 
individuals to carry concealed weapons vary from state to state 
and range from allowing nonresidents to carry concealed weapons 
without a permit to requiring residents to complete training 
and meet other conditions before obtaining a permit, or even 
prohibiting nonresidents from carrying concealed weapons 
altogether. Some states recognize permits issued by other 
states and some do not. If enacted, the bill would require 
states that currently do not recognize other state permits for 
nonresidents to do so. The costs for states to comply with that 
mandate would include the cost to change protocols and train 
law enforcement officers.
    The bill also could result in the loss of revenue for some 
states. Currently, some states issue permits to nonresidents 
and charge fees ranging from $20 to $300 for those permits. If 
this bill is enacted and individuals have a permit to carry 
concealed weapons from their resident state, they would no 
longer need to purchase nonresident permits in other states 
they visit.
    CBO estimates the total costs for states to comply with the 
preemption, including the training costs for law enforcement 
and the lost revenue from the nonresident permit fees, would 
not exceed the threshold established in UMRA ($78 million in 
2017, adjusted annually for inflation).
    H.R. 38 contains no private-sector mandates as defined in 
UMRA.
    The CBO staff contacts for this estimate are Mark Grabowicz 
(for federal costs) and Rachel Austin (mandates). The estimate 
was approved by H. Samuel Papenfuss, Deputy Assistant Director 
for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 38 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee finds that H.R. 38 contains no directed rule 
making within the meaning of 5 U.S.C. Sec.  551.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the Committee states that H.R. 38 
would allow persons with valid state-issued concealed firearm 
permits/licenses--or those who live in states that allow non-
prohibited persons to carry a concealed firearm without a 
permit/license--to carry a concealed firearm in any other state 
that also issues concealed firearm permits/licenses, or in any 
other state that does not generally prohibit the carrying of 
concealed firearms.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 38 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Section 1. Short title. Section 1 sets forth the short 
title of the bill as the ``Concealed Carry Reciprocity Act of 
2017.''
    Sec. 2. Reciprocity for the carrying of certain concealed 
firearms. Section 2 amends the federal criminal code to allow a 
qualified individual to carry a concealed handgun into or 
possess a concealed handgun in another state that allows 
individuals to carry concealed firearms.
    A qualified individual must: (1) be eligible to possess, 
transport, or receive a firearm under federal law; (2) carry a 
valid photo identification document; and (3) carry a valid 
concealed carry permit issued by, or (in states that do not 
require permits) be eligible to carry a concealed firearm in, 
his or her state of residence.
    Additionally, the section specifies that a qualified 
individual who lawfully carries or possesses a concealed 
handgun in another state: (1) is not subject to the federal 
prohibition on possessing a firearm in a school zone 
(individuals are still subject to state laws prohibiting 
firearm possession on school grounds), and (2) may carry or 
possess the concealed handgun in federally owned lands that are 
open to the public.
    Sec. 3. Rule of Construction. Section 3 makes clear that 
nothing in the bill prohibits a law enforcement officer's 
existing authority to conduct a brief investigative stop in 
accordance with the United States Constitution.
    Sec. 4. Carrying of firearms by off-duty and retired law 
enforcement officers in school zones. Section 4 allows former 
and current law enforcement LEOSA-authorized individuals to 
carry in federally-recognized school zones if not prohibited by 
the state or local government.
    Sec. 5. Interstate carrying of firearms by federal judges. 
Section 5 permits a federal judge to carry a concealed firearm 
if the judge is not prohibited by law from doing so.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE




           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


                          CHAPTER 44--FIREARMS


Sec.
921. Definitions.
     * * * * * * *
926D. Reciprocity for the carrying of certain concealed firearms.
926E. Interstate carrying of firearms by Federal judges.

           *       *       *       *       *       *       *


Sec. 922. Unlawful acts

  (a) It shall be unlawful--
          (1) for any person--
                  (A) except a licensed importer, licensed 
                manufacturer, or licensed dealer, to engage in 
                the business of importing, manufacturing, or 
                dealing in firearms, or in the course of such 
                business to ship, transport, or receive any 
                firearm in interstate or foreign commerce; or
                  (B) except a licensed importer or licensed 
                manufacturer, to engage in the business of 
                importing or manufacturing ammunition, or in 
                the course of such business, to ship, 
                transport, or receive any ammunition in 
                interstate or foreign commerce;
          (2) for any importer, manufacturer, dealer, or 
        collector licensed under the provisions of this chapter 
        to ship or transport in interstate or foreign commerce 
        any firearm to any person other than a licensed 
        importer, licensed manufacturer, licensed dealer, or 
        licensed collector, except that--
                  (A) this paragraph and subsection (b)(3) 
                shall not be held to preclude a licensed 
                importer, licensed manufacturer, licensed 
                dealer, or licensed collector from returning a 
                firearm or replacement firearm of the same kind 
                and type to a person from whom it was received; 
                and this paragraph shall not be held to 
                preclude an individual from mailing a firearm 
                owned in compliance with Federal, State, and 
                local law to a licensed importer, licensed 
                manufacturer, licensed dealer, or licensed 
                collector;
                  (B) this paragraph shall not be held to 
                preclude a licensed importer, licensed 
                manufacturer, or licensed dealer from 
                depositing a firearm for conveyance in the 
                mails to any officer, employee, agent, or 
                watchman who, pursuant to the provisions of 
                section 1715 of this title, is eligible to 
                receive through the mails pistols, revolvers, 
                and other firearms capable of being concealed 
                on the person, for use in connection with his 
                official duty; and
                  (C) nothing in this paragraph shall be 
                construed as applying in any manner in the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, or any possession of the United 
                States differently than it would apply if the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, or the possession were in fact a 
                State of the United States;
          (3) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector to transport into or receive in the State 
        where he resides (or if the person is a corporation or 
        other business entity, the State where it maintains a 
        place of business) any fire arm purchased or otherwise 
        obtained by such person outside that State, except that 
        this paragraph (A) shall not preclude any person who 
        lawfully acquires a firearm by bequest or intestate 
        succession in a State other than his State of residence 
        from transporting the firearm into or receiving it in 
        that State, if it is lawful for such person to purchase 
        or possess such firearm in that State, (B) shall not 
        apply to the transportation or receipt of a firearm 
        obtained in conformity with subsection (b)(3) of this 
        section, and (C) shall not apply to the transportation 
        of any firearm acquired in any State prior to the 
        effective date of this chapter;
          (4) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector, to transport in interstate or foreign 
        commerce any destructive device, machinegun (as defined 
        in section 5845 of the Internal Revenue Code of 1986), 
        short-barreled shotgun, or short-barreled rifle, except 
        as specifically authorized by the Attorney General 
        consistent with public safety and necessity;
          (5) for any person (other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector) to transfer, sell, trade, give, transport, 
        or deliver any firearm to any person (other than a 
        licensed importer, licensed manufacturer, licensed 
        dealer, or licensed collector) who the transferor knows 
        or has reasonable cause to believe does not reside in 
        (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the 
        State in which the transferor resides; except that this 
        paragraph shall not apply to (A) the transfer, 
        transportation, or delivery of a firearm made to carry 
        out a bequest of a firearm to, or an acquisition by 
        intestate succession of a firearm by, a person who is 
        permitted to acquire or possess a firearm under the 
        laws of the State of his residence, and (B) the loan or 
        rental of a firearm to any person for temporary use for 
        lawful sporting purposes;
          (6) for any person in connection with the acquisition 
        or attempted acquisition of any firearm or ammunition 
        from a licensed importer, licensed manufacturer, 
        licensed dealer, or licensed collector, knowingly to 
        make any false or fictitious oral or written statement 
        or to furnish or exhibit any false, fictitious, or 
        misrepresented identification, intended or likely to 
        deceive such importer, manufacturer, dealer, or 
        collector with respect to any fact material to the 
        lawfulness of the sale or other disposition of such 
        firearm or ammunition under the provisions of this 
        chapter;
          (7) for any person to manufacture or import armor 
        piercing ammunition, unless--
                  (A) the manufacture of such ammunition is for 
                the use of the United States, any department or 
                agency of the United States, any State, or any 
                department, agency, or political subdivision of 
                a State;
                  (B) the manufacture of such ammunition is for 
                the purpose of exportation; or
                  (C) the manufacture or importation of such 
                ammunition is for the purpose of testing or 
                experimentation and has been authorized by the 
                Attorney General;
          (8) for any manufacturer or importer to sell or 
        deliver armor piercing ammunition, unless such sale or 
        delivery--
                  (A) is for the use of the United States, any 
                department or agency of the United States, any 
                State, or any department, agency, or political 
                subdivision of a State;
                  (B) is for the purpose of exportation; or
                  (C) is for the purpose of testing or 
                experimentation and has been authorized by the 
                Attorney General;
          (9) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector, who does not reside in any State to receive 
        any firearms unless such receipt is for lawful sporting 
        purposes.
  (b) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector to sell or 
deliver--
          (1) any firearm or ammunition to any individual who 
        the licensee knows or has reasonable cause to believe 
        is less than eighteen years of age, and, if the 
        firearm, or ammunition is other than a shotgun or 
        rifle, or ammunition for a shotgun or rifle, to any 
        individual who the licensee knows or has reasonable 
        cause to believe is less than twenty-one years of age;
          (2) any firearm to any person in any State where the 
        purchase or possession by such person of such firearm 
        would be in violation of any State law or any published 
        ordinance applicable at the place of sale, delivery or 
        other disposition, unless the licensee knows or has 
        reasonable cause to believe that the purchase or 
        possession would not be in violation of such State law 
        or such published ordinance;
          (3) any firearm to any person who the licensee knows 
        or has reasonable cause to believe does not reside in 
        (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the 
        State in which the licensee's place of business is 
        located, except that this paragraph (A) shall not apply 
        to the sale or delivery of any rifle or shotgun to a 
        resident of a State other than a State in which the 
        licensee's place of business is located if the 
        transferee meets in person with the transferor to 
        accomplish the transfer, and the sale, delivery, and 
        receipt fully comply with the legal conditions of sale 
        in both such States (and any licensed manufacturer, 
        importer or dealer shall be presumed, for purposes of 
        this subparagraph, in the absence of evidence to the 
        contrary, to have had actual knowledge of the State 
        laws and published ordinances of both States), and (B) 
        shall not apply to the loan or rental of a firearm to 
        any person for temporary use for lawful sporting 
        purposes;
          (4) to any person any destructive device, machinegun 
        (as defined in section 5845 of the Internal Revenue 
        Code of 1986), short-barreled shotgun, or short-
        barreled rifle, except as specifically authorized by 
        the Attorney General consistent with public safety and 
        necessity; and
          (5) any firearm or armor-piercing ammunition to any 
        person unless the licensee notes in his records, 
        required to be kept pursuant to section 923 of this 
        chapter, the name, age, and place of residence of such 
        person if the person is an individual, or the identity 
        and principal and local places of business of such 
        person if the person is a corporation or other business 
        entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not 
apply to transactions between licensed importers, licensed 
manufacturers, licensed dealers, and licensed collectors. 
Paragraph (4) of this subsection shall not apply to a sale or 
delivery to any research organization designated by the 
Attorney General.
  (c) In any case not otherwise prohibited by this chapter, a 
licensed importer, licensed manufacturer, or licensed dealer 
may sell a firearm to a person who does not appear in person at 
the licensee's business premises (other than another licensed 
importer, manufacturer, or dealer) only if--
          (1) the transferee submits to the transferor a sworn 
        statement in the following form:
                   ``Subject to penalties provided by law, I 
                swear that, in the case of any firearm other 
                than a shotgun or a rifle, I am twenty-one 
                years or more of age, or that, in the case of a 
                shotgun or a rifle, I am eighteen years or more 
                of age; that I am not prohibited by the 
                provisions of chapter 44 of title 18, United 
                States Code, from receiving a firearm in 
                interstate or foreign commerce; and that my 
                receipt of this firearm will not be in 
                violation of any statute of the State and 
                published ordinance applicable to the locality 
                in which I reside. Further, the true title, 
                name, and address of the principal law 
                enforcement officer of the locality to which 
                the firearm will be delivered are ___________ 
                Signature __________ Date __________.'' and 
                containing blank spaces for the attachment of a 
                true copy of any permit or other information 
                required pursuant to such statute or published 
                ordinance;
          (2) the transferor has, prior to the shipment or 
        delivery of the firearm, forwarded by registered or 
        certified mail (return receipt requested) a copy of the 
        sworn statement, together with a description of the 
        firearm, in a form prescribed by the Attorney General, 
        to the chief law enforcement officer of the 
        transferee's place of residence, and has received a 
        return receipt evidencing delivery of the statement or 
        has had the statement returned due to the refusal of 
        the named addressee to accept such letter in accordance 
        with United States Post Office Department regulations; 
        and
          (3) the transferor has delayed shipment or delivery 
        for a period of at least seven days following receipt 
        of the notification of the acceptance or refusal of 
        delivery of the statement.
A copy of the sworn statement and a copy of the notification to 
the local law enforcement officer, together with evidence of 
receipt or rejection of that notification shall be retained by 
the licensee as a part of the records required to be kept under 
section 923(g).
  (d) It shall be unlawful for any person to sell or otherwise 
dispose of any firearm or ammunition to any person knowing or 
having reasonable cause to believe that such person--
          (1) is under indictment for, or has been convicted in 
        any court of, a crime punishable by imprisonment for a 
        term exceeding one year;
          (2) is a fugitive from justice;
          (3) is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) has been adjudicated as a mental defective or has 
        been committed to any mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) is subject to a court order that restrains such 
        person from harassing, stalking, or threatening an 
        intimate partner of such person or child of such 
        intimate partner or person, or engaging in other 
        conduct that would place an intimate partner in 
        reasonable fear of bodily injury to the partner or 
        child, except that this paragraph shall only apply to a 
        court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had the opportunity to participate; 
                and
                  (B)(i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; or
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; or
          (9) has been convicted in any court of a misdemeanor 
        crime of domestic violence.
This subsection shall not apply with respect to the sale or 
disposition of a firearm or ammunition to a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector 
who pursuant to subsection (b) of section 925 of this chapter 
is not precluded from dealing in firearms or ammunition, or to 
a person who has been granted relief from disabilities pursuant 
to subsection (c) of section 925 of this chapter.
  (e) It shall be unlawful for any person knowingly to deliver 
or cause to be delivered to any common or contract carrier for 
transportation or shipment in interstate or foreign commerce, 
to persons other than licensed importers, licensed 
manufacturers, licensed dealers, or licensed collectors, any 
package or other container in which there is any firearm or 
ammunition without written notice to the carrier that such 
firearm or ammunition is being transported or shipped; except 
that any passenger who owns or legally possesses a firearm or 
ammunition being transported aboard any common or contract 
carrier for movement with the passenger in interstate or 
foreign commerce may deliver said firearm or ammunition into 
the custody of the pilot, captain, conductor or operator of 
such common or contract carrier for the duration of the trip 
without violating any of the provisions of this chapter. No 
common or contract carrier shall require or cause any label, 
tag, or other written notice to be placed on the outside of any 
package, luggage, or other container that such package, 
luggage, or other container contains a firearm.
  (f)(1) It shall be unlawful for any common or contract 
carrier to transport or deliver in interstate or foreign 
commerce any firearm or ammunition with knowledge or reasonable 
cause to believe that the shipment transportation, or receipt 
thereof would be in violation of the provisions of this 
chapter.
  (2) It shall be unlawful for any common or contract carrier 
to deliver in interstate or foreign commerce any firearm 
without obtaining written acknowledgement of receipt from the 
recipient of the package or other container in which there is a 
firearm.
  (g) It shall be unlawful for any person--
          (1) who has been convicted in any court of, a crime 
        punishable by imprisonment for a term exceeding one 
        year;
          (2) who is a fugitive from justice;
          (3) who is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) who has been adjudicated as a mental defective or 
        who has been committed to a mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) who is subject to a court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had an opportunity to participate;
                  (B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of 
                such person or child of such intimate partner 
                or person, or engaging in other conduct that 
                would place an intimate partner in reasonable 
                fear of bodily injury to the partner or child; 
                and
                  (C)(i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; or
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; or
          (9) who has been convicted in any court of a 
        misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or 
possess in or affecting commerce, any firearm or ammunition; or 
to receive any firearm or ammunition which has been shipped or 
transported in interstate or foreign commerce.
  (h) It shall be unlawful for any individual, who to that 
individual's knowledge and while being employed for any person 
described in any paragraph of subsection (g) of this section, 
in the course of such employment--
          (1) to receive, possess, or transport any firearm or 
        ammunition in or affecting interstate or foreign 
        commerce; or
          (2) to receive any firearm or ammunition which has 
        been shipped or transported in interstate or foreign 
        commerce.
  (i) It shall be unlawful for any person to transport or ship 
in interstate or foreign commerce, any stolen firearms or 
stolen ammunition, knowing or having reasonable cause to 
believe that the firearm or ammunition was stolen.
  (j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm 
or stolen ammunition, or pledge or accept as security for a 
loan any stolen firearm or stolen ammunition, which is moving 
as, which is a part of, which constitutes, or which has been 
shipped or transported in, interstate or foreign commerce, 
either before or after it was stolen, knowing or having 
reasonable cause to believe that the firearm or ammunition was 
stolen.
  (k) It shall be unlawful for any person knowingly to 
transport, ship, or receive, in interstate or foreign commerce, 
any firearm which has had the importer's or manufacturer's 
serial number removed, obliterated, or altered or to possess or 
receive any firearm which has had the importer's or 
manufacturer's serial number removed, obliterated, or altered 
and has, at any time, been shipped or transported in interstate 
or foreign commerce.
  (l) Except as provided in section 925(d) of this chapter, it 
shall be unlawful for any person knowingly to import or bring 
into the United States or any possession thereof any firearm or 
ammunition; and it shall be unlawful for any person knowingly 
to receive any firearm or ammunition which has been imported or 
brought into the United States or any possession thereof in 
violation of the provisions of this chapter.
  (m) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector knowingly 
to make any false entry in, to fail to make appropriate entry 
in, or to fail to properly maintain, any record which he is 
required to keep pursuant to section 923 of this chapter or 
regulations promulgated thereunder.
  (n) It shall be unlawful for any person who is under 
indictment for a crime punishable by imprisonment for a term 
exceeding one year to ship or transport in interstate or 
foreign commerce any firearm or ammunition or receive any 
firearm or ammunition which has been shipped or transported in 
interstate or foreign commerce.
  (o)(1) Except as provided in paragraph (2), it shall be 
unlawful for any person to transfer or possess a machinegun.
  (2) This subsection does not apply with respect to--
          (A) a transfer to or by, or possession by or under 
        the authority of, the United States or any department 
        or agency thereof or a State, or a department, agency, 
        or political subdivision thereof; or
          (B) any lawful transfer or lawful possession of a 
        machinegun that was lawfully possessed before the date 
        this subsection takes effect.
  (p)(1) It shall be unlawful for any person to manufacture, 
import, sell, ship, deliver, possess, transfer, or receive any 
firearm--
          (A) that, after removal of grips, stocks, and 
        magazines, is not as detectable as the Security 
        Exemplar, by walk-through metal detectors calibrated 
        and operated to detect the Security Exemplar; or
          (B) any major component of which, when subjected to 
        inspection by the types of x-ray machines commonly used 
        at airports, does not generate an image that accurately 
        depicts the shape of the component. Barium sulfate or 
        other compounds may be used in the fabrication of the 
        component.
  (2) For purposes of this subsection--
          (A) the term ``firearm'' does not include the frame 
        or receiver of any such weapon;
          (B) the term ``major component'' means, with respect 
        to a firearm, the barrel, the slide or cylinder, or the 
        frame or receiver of the firearm; and
          (C) the term ``Security Exemplar'' means an object, 
        to be fabricated at the direction of the Attorney 
        General, that is--
                  (i) constructed of, during the 12-month 
                period beginning on the date of the enactment 
                of this subsection, 3.7 ounces of material type 
                17-4 PH stainless steel in a shape resembling a 
                handgun; and
                  (ii) suitable for testing and calibrating 
                metal detectors: Provided, however, That at the 
                close of such 12-month period, and
        at appropriate times thereafter the Attorney General 
        shall promulgate regulations to permit the manufacture, 
        importation, sale, shipment, delivery, possession, 
        transfer, or receipt of firearms previously prohibited 
        under this subparagraph that are as detectable as a 
        ``Security Exemplar'' which contains 3.7 ounces of 
        material type 17-4 PH stainless steel, in a shape 
        resembling a handgun, or such lesser amount as is 
        detectable in view of advances in state-of-the-art 
        developments in weapons detection technology.
  (3) Under such rules and regulations as the Attorney General 
shall prescribe, this subsection shall not apply to the 
manufacture, possession, transfer, receipt, shipment, or 
delivery of a firearm by a licensed manufacturer or any person 
acting pursuant to a contract with a licensed manufacturer, for 
the purpose of examining and testing such firearm to determine 
whether paragraph (1) applies to such firearm. The Attorney 
General shall ensure that rules and regulations adopted 
pursuant to this paragraph do not impair the manufacture of 
prototype firearms or the development of new technology.
  (4) The Attorney General shall permit the conditional 
importation of a firearm by a licensed importer or licensed 
manufacturer, for examination and testing to determine whether 
or not the unconditional importation of such firearm would 
violate this subsection.
  (5) This subsection shall not apply to any firearm which--
          (A) has been certified by the Secretary of Defense or 
        the Director of Central Intelligence, after 
        consultation with the Attorney General and the 
        Administrator of the Federal Aviation Administration, 
        as necessary for military or intelligence applications; 
        and
          (B) is manufactured for and sold exclusively to 
        military or intelligence agencies of the United States.
  (6) This subsection shall not apply with respect to any 
firearm manufactured in, imported into, or possessed in the 
United States before the date of the enactment of the 
Undetectable Firearms Act of 1988.
  (q)(1) The Congress finds and declares that--
          (A) crime, particularly crime involving drugs and 
        guns, is a pervasive, nationwide problem;
          (B) crime at the local level is exacerbated by the 
        interstate movement of drugs, guns, and criminal gangs;
          (C) firearms and ammunition move easily in interstate 
        commerce and have been found in increasing numbers in 
        and around schools, as documented in numerous hearings 
        in both the Committee on the Judiciary the House of 
        Representatives and the Committee on the Judiciary of 
        the Senate;
          (D) in fact, even before the sale of a firearm, the 
        gun, its component parts, ammunition, and the raw 
        materials from which they are made have considerably 
        moved in interstate commerce;
          (E) while criminals freely move from State to State, 
        ordinary citizens and foreign visitors may fear to 
        travel to or through certain parts of the country due 
        to concern about violent crime and gun violence, and 
        parents may decline to send their children to school 
        for the same reason;
          (F) the occurrence of violent crime in school zones 
        has resulted in a decline in the quality of education 
        in our country;
          (G) this decline in the quality of education has an 
        adverse impact on interstate commerce and the foreign 
        commerce of the United States;
          (H) States, localities, and school systems find it 
        almost impossible to handle gun-related crime by 
        themselves--even States, localities, and school systems 
        that have made strong efforts to prevent, detect, and 
        punish gun-related crime find their efforts unavailing 
        due in part to the failure or inability of other States 
        or localities to take strong measures; and
          (I) the Congress has the power, under the interstate 
        commerce clause and other provisions of the 
        Constitution, to enact measures to ensure the integrity 
        and safety of the Nation's schools by enactment of this 
        subsection.
  (2)(A) It shall be unlawful for any individual knowingly to 
possess a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the individual 
knows, or has reasonable cause to believe, is a school zone.
  (B) Subparagraph (A) does not apply to the possession of a 
firearm--
          (i) on private property not part of school grounds;
          (ii) if the individual possessing the firearm is 
        licensed to do so by the State in which the school zone 
        is located or a political subdivision of the State, and 
        the law of the State or political subdivision requires 
        that, before an individual obtains such a license, the 
        law enforcement authorities of the State or political 
        subdivision verify that the individual is qualified 
        under law to receive the license;
          (iii) that is--
                  (I) not loaded; and
                  (II) in a locked container, or a locked 
                firearms rack that is on a motor vehicle;
          (iv) by an individual for use in a program approved 
        by a school in the school zone;
          (v) by an individual in accordance with a contract 
        entered into between a school in the school zone and 
        the individual or an employer of the individual;
          (vi) by a law enforcement officer acting in his or 
        her official capacity; [or]
          (vii) by an off-duty law enforcement officer who is a 
        qualified law enforcement officer (as defined in 
        section 926B) and is authorized under such section to 
        carry a concealed firearm, if the firearm is concealed;
          (viii) by a qualified retired law enforcement officer 
        (as defined in section 926C) who is authorized under 
        such section to carry a concealed firearm, if the 
        firearm is concealed; or
          [(vii)] (ix) that is unloaded and is possessed by an 
        individual while traversing school premises for the 
        purpose of gaining access to public or private lands 
        open to hunting, if the entry on school premises is 
        authorized by school authorities.
  (3)(A) Except as provided in subparagraph (B), it shall be 
unlawful for any person, knowingly or with reckless disregard 
for the safety of another, to discharge or attempt to discharge 
a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the person knows 
is a school zone.
  (B) Subparagraph (A) does not apply to the discharge of a 
firearm--
          (i) on private property not part of school grounds;
          (ii) as part of a program approved by a school in the 
        school zone, by an individual who is participating in 
        the program;
          (iii) by an individual in accordance with a contract 
        entered into between a school in a school zone and the 
        individual or an employer of the individual; [or]
          (iv) by a law enforcement officer acting in his or 
        her official capacity[.];
          (v) by an off-duty law enforcement officer who is a 
        qualified law enforcement officer (as defined in 
        section 926B) and is authorized under such section to 
        carry a concealed firearm; or
          (vi) by a qualified retired law enforcement officer 
        (as defined in section 926C) who is authorized under 
        such section to carry a concealed firearm.
  (4) Nothing in this subsection shall be construed as 
preempting or preventing a State or local government from 
enacting a statute establishing gun free school zones as 
provided in this subsection.
  (r) It shall be unlawful for any person to assemble from 
imported parts any semiautomatic rifle or any shotgun which is 
identical to any rifle or shotgun prohibited from importation 
under section 925(d)(3) of this chapter as not being 
particularly suitable for or readily adaptable to sporting 
purposes except that this subsection shall not apply to--
          (1) the assembly of any such rifle or shotgun for 
        sale or distribution by a licensed manufacturer to the 
        United States or any department or agency thereof or to 
        any State or any department, agency, or political 
        subdivision thereof; or
          (2) the assembly of any such rifle or shotgun for the 
        purposes of testing or experimentation authorized by 
        the Attorney General.
  (s)(1) Beginning on the date that is 90 days after the date 
of enactment of this subsection and ending on the day before 
the date that is 60 months after such date of enactment, it 
shall be unlawful for any licensed importer, licensed 
manufacturer, or licensed dealer to sell, deliver, or transfer 
a handgun (other than the return of a handgun to the person 
from whom it was received) to an individual who is not licensed 
under section 923, unless--
          (A) after the most recent proposal of such transfer 
        by the transferee--
                  (i) the transferor has--
                          (I) received from the transferee a 
                        statement of the transferee containing 
                        the information described in paragraph 
                        (3);
                          (II) verified the identity of the 
                        transferee by examining the 
                        identification document presented;
                          (III) within 1 day after the 
                        transferee furnishes the statement, 
                        provided notice of the contents of the 
                        statement to the chief law enforcement 
                        officer of the place of residence of 
                        the transferee; and
                          (IV) within 1 day after the 
                        transferee furnishes the statement, 
                        transmitted a copy of the statement to 
                        the chief law enforcement officer of 
                        the place of residence of the 
                        transferee; and
                  (ii)(I) 5 business days (meaning days on 
                which State offices are open) have elapsed from 
                the date the transferor furnished notice of the 
                contents of the statement to the chief law 
                enforcement officer, during which period the 
                transferor has not received information from 
                the chief law enforcement officer that receipt 
                or possession of the handgun by the transferee 
                would be in violation of Federal, State, or 
                local law; or
                  (II) the transferor has received notice from 
                the chief law enforcement officer that the 
                officer has no information indicating that 
                receipt or possession of the handgun by the 
                transferee would violate Federal, State, or 
                local law;
          (B) the transferee has presented to the transferor a 
        written statement, issued by the chief law enforcement 
        officer of the place of residence of the transferee 
        during the 10-day period ending on the date of the most 
        recent proposal of such transfer by the transferee, 
        stating that the transferee requires access to a 
        handgun because of a threat to the life of the 
        transferee or of any member of the household of the 
        transferee;
          (C)(i) the transferee has presented to the transferor 
        a permit that--
                  (I) allows the transferee to possess or 
                acquire a handgun; and
                  (II) was issued not more than 5 years earlier 
                by the State in which the transfer is to take 
                place; and
          (ii) the law of the State provides that such a permit 
        is to be issued only after an authorized government 
        official has verified that the information available to 
        such official does not indicate that possession of a 
        handgun by the transferee would be in violation of the 
        law;
          (D) the law of the State requires that, before any 
        licensed importer, licensed manufacturer, or licensed 
        dealer completes the transfer of a handgun to an 
        individual who is not licensed under section 923, an 
        authorized government official verify that the 
        information available to such official does not 
        indicate that possession of a handgun by the transferee 
        would be in violation of law;
          (E) the Attorney General has approved the transfer 
        under section 5812 of the Internal Revenue Code of 
        1986; or
          (F) on application of the transferor, the Attorney 
        General has certified that compliance with subparagraph 
        (A)(i)(III) is impracticable because--
                  (i) the ratio of the number of law 
                enforcement officers of the State in which the 
                transfer is to occur to the number of square 
                miles of land area of the State does not exceed 
                0.0025;
                  (ii) the business premises of the transferor 
                at which the transfer is to occur are extremely 
                remote in relation to the chief law enforcement 
                officer; and
                  (iii) there is an absence of 
                telecommunications facilities in the 
                geographical area in which the business 
                premises are located.
  (2) A chief law enforcement officer to whom a transferor has 
provided notice pursuant to paragraph (1)(A)(i)(III) shall make 
a reasonable effort to ascertain within 5 business days whether 
receipt or possession would be in violation of the law, 
including research in whatever State and local recordkeeping 
systems are available and in a national system designated by 
the Attorney General.
  (3) The statement referred to in paragraph (1)(A)(i)(I) shall 
contain only--
          (A) the name, address, and date of birth appearing on 
        a valid identification document (as defined in section 
        1028(d)(1)) of the transferee containing a photograph 
        of the transferee and a description of the 
        identification used;
          (B) a statement that the transferee--
                  (i) is not under indictment for, and has not 
                been convicted in any court of, a crime 
                punishable by imprisonment for a term exceeding 
                1 year, and has not been convicted in any court 
                of a misdemeanor crime of domestic violence;
                  (ii) is not a fugitive from justice;
                  (iii) is not an unlawful user of or addicted 
                to any controlled substance (as defined in 
                section 102 of the Controlled Substances Act);
                  (iv) has not been adjudicated as a mental 
                defective or been committed to a mental 
                institution;
                  (v) is not an alien who--
                          (I) is illegally or unlawfully in the 
                        United States; or
                          (II) subject to subsection (y)(2), 
                        has been admitted to the United States 
                        under a nonimmigrant visa (as that term 
                        is defined in section 101(a)(26) of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1101(a)(26)));
                  (vi) has not been discharged from the Armed 
                Forces under dishonorable conditions; and
                  (vii) is not a person who, having been a 
                citizen of the United States, has renounced 
                such citizenship;
          (C) the date the statement is made; and
          (D) notice that the transferee intends to obtain a 
        handgun from the transferor.
  (4) Any transferor of a handgun who, after such transfer, 
receives a report from a chief law enforcement officer 
containing information that receipt or possession of the 
handgun by the transferee violates Federal, State, or local law 
shall, within 1 business day after receipt of such request, 
communicate any information related to the transfer that the 
transferor has about the transfer and the transferee to--
          (A) the chief law enforcement officer of the place of 
        business of the transferor; and
          (B) the chief law enforcement officer of the place of 
        residence of the transferee.
  (5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection 
shall not disclose such information except to the transferee, 
to law enforcement authorities, or pursuant to the direction of 
a court of law.
  (6)(A) Any transferor who sells, delivers, or otherwise 
transfers a handgun to a transferee shall retain the copy of 
the statement of the transferee with respect to the handgun 
transaction, and shall retain evidence that the transferor has 
complied with subclauses (III) and (IV) of paragraph (1)(A)(i) 
with respect to the statement.
  (B) Unless the chief law enforcement officer to whom a 
statement is transmitted under paragraph (1)(A)(i)(IV) 
determines that a transaction would violate Federal, State, or 
local law--
          (i) the officer shall, within 20 business days after 
        the date the transferee made the statement on the basis 
        of which the notice was provided, destroy the 
        statement, any record containing information derived 
        from the statement, and any record created as a result 
        of the notice required by paragraph (1)(A)(i)(III);
          (ii) the information contained in the statement shall 
        not be conveyed to any person except a person who has a 
        need to know in order to carry out this subsection; and
          (iii) the information contained in the statement 
        shall not be used for any purpose other than to carry 
        out this subsection.
  (C) If a chief law enforcement officer determines that an 
individual is ineligible to receive a handgun and the 
individual requests the officer to provide the reason for such 
determination, the officer shall provide such reasons to the 
individual in writing within 20 business days after receipt of 
the request.
  (7) A chief law enforcement officer or other person 
responsible for providing criminal history background 
information pursuant to this subsection shall not be liable in 
an action at law for damages--
          (A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the 
        handgun is unlawful under this section; or
          (B) for preventing such a sale or transfer to a 
        person who may lawfully receive or possess a handgun.
  (8) For purposes of this subsection, the term ``chief law 
enforcement officer'' means the chief of police, the sheriff, 
or an equivalent officer or the designee of any such 
individual.
  (9) The Attorney General shall take necessary actions to 
ensure that the provisions of this subsection are published and 
disseminated to licensed dealers, law enforcement officials, 
and the public.
  (t)(1) Beginning on the date that is 30 days after the 
Attorney General notifies licensees under section 103(d) of the 
Brady Handgun Violence Prevention Act that the national instant 
criminal background check system is established, a licensed 
importer, licensed manufacturer, or licensed dealer shall not 
transfer a firearm to any other person who is not licensed 
under this chapter, unless--
          (A) before the completion of the transfer, the 
        licensee contacts the national instant criminal 
        background check system established under section 103 
        of that Act;
          (B)(i) the system provides the licensee with a unique 
        identification number; or
          (ii) 3 business days (meaning a day on which State 
        offices are open) have elapsed since the licensee 
        contacted the system, and the system has not notified 
        the licensee that the receipt of a firearm by such 
        other person would violate subsection (g) or (n) of 
        this section; and
          (C) the transferor has verified the identity of the 
        transferee by examining a valid identification document 
        (as defined in section 1028(d) of this title) of the 
        transferee containing a photograph of the transferee.
  (2) If receipt of a firearm would not violate subsection (g) 
or (n) or State law, the system shall--
          (A) assign a unique identification number to the 
        transfer;
          (B) provide the licensee with the number; and
          (C) destroy all records of the system with respect to 
        the call (other than the identifying number and the 
        date the number was assigned) and all records of the 
        system relating to the person or the transfer.
  (3) Paragraph (1) shall not apply to a firearm transfer 
between a licensee and another person if--
          (A)(i) such other person has presented to the 
        licensee a permit that--
                  (I) allows such other person to possess or 
                acquire a firearm; and
                  (II) was issued not more than 5 years earlier 
                by the State in which the transfer is to take 
                place; and
          (ii) the law of the State provides that such a permit 
        is to be issued only after an authorized government 
        official has verified that the information available to 
        such official does not indicate that possession of a 
        firearm by such other person would be in violation of 
        law;
          (B) the Attorney General has approved the transfer 
        under section 5812 of the Internal Revenue Code of 
        1986; or
          (C) on application of the transferor, the Attorney 
        General has certified that compliance with paragraph 
        (1)(A) is impracticable because--
                  (i) the ratio of the number of law 
                enforcement officers of the State in which the 
                transfer is to occur to the number of square 
                miles of land area of the State does not exceed 
                0.0025;
                  (ii) the business premises of the licensee at 
                which the transfer is to occur are extremely 
                remote in relation to the chief law enforcement 
                officer (as defined in subsection (s)(8)); and
                  (iii) there is an absence of 
                telecommunications facilities in the 
                geographical area in which the business 
                premises are located.
  (4) If the national instant criminal background check system 
notifies the licensee that the information available to the 
system does not demonstrate that the receipt of a firearm by 
such other person would violate subsection (g) or (n) or State 
law, and the licensee transfers a firearm to such other person, 
the licensee shall include in the record of the transfer the 
unique identification number provided by the system with 
respect to the transfer.
  (5) If the licensee knowingly transfers a firearm to such 
other person and knowingly fails to comply with paragraph (1) 
of this subsection with respect to the transfer and, at the 
time such other person most recently proposed the transfer, the 
national instant criminal background check system was operating 
and information was available to the system demonstrating that 
receipt of a firearm by such other person would violate 
subsection (g) or (n) of this section or State law, the 
Attorney General may, after notice and opportunity for a 
hearing, suspend for not more than 6 months or revoke any 
license issued to the licensee under section 923, and may 
impose on the licensee a civil fine of not more than $5,000.
  (6) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal 
background check system shall be liable in an action at law for 
damages--
          (A) for failure to prevent the sale or transfer of a 
        firearm to a person whose receipt or possession of the 
        firearm is unlawful under this section; or
          (B) for preventing such a sale or transfer to a 
        person who may lawfully receive or possess a firearm.
  (u) It shall be unlawful for a person to steal or unlawfully 
take or carry away from the person or the premises of a person 
who is licensed to engage in the business of importing, 
manufacturing, or dealing in firearms, any firearm in the 
licensee's business inventory that has been shipped or 
transported in interstate or foreign commerce.
  (x)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile--
          (A) a handgun; or
          (B) ammunition that is suitable for use only in a 
        handgun.
  (2) It shall be unlawful for any person who is a juvenile to 
knowingly possess--
          (A) a handgun; or
          (B) ammunition that is suitable for use only in a 
        handgun.
  (3) This subsection does not apply to--
          (A) a temporary transfer of a handgun or ammunition 
        to a juvenile or to the possession or use of a handgun 
        or ammunition by a juvenile if the handgun and 
        ammunition are possessed and used by the juvenile--
                  (i) in the course of employment, in the 
                course of ranching or farming related to 
                activities at the residence of the juvenile (or 
                on property used for ranching or farming at 
                which the juvenile, with the permission of the 
                property owner or lessee, is performing 
                activities related to the operation of the farm 
                or ranch), target practice, hunting, or a 
                course of instruction in the safe and lawful 
                use of a handgun;
                  (ii) with the prior written consent of the 
                juvenile's parent or guardian who is not 
                prohibited by Federal, State, or local law from 
                possessing a firearm, except--
                          (I) during transportation by the 
                        juvenile of an unloaded handgun in a 
                        locked container directly from the 
                        place of transfer to a place at which 
                        an activity described in clause (i) is 
                        to take place and transportation by the 
                        juvenile of that handgun, unloaded and 
                        in a locked container, directly from 
                        the place at which such an activity 
                        took place to the transferor; or
                          (II) with respect to ranching or 
                        farming activities as described in 
                        clause (i), a juvenile may possess and 
                        use a handgun or ammunition with the 
                        prior written approval of the 
                        juvenile's parent or legal guardian and 
                        at the direction of an adult who is not 
                        prohibited by Federal, State or local 
                        law from possessing a firearm;
                  (iii) the juvenile has the prior written 
                consent in the juvenile's possession at all 
                times when a handgun is in the possession of 
                the juvenile; and
                  (iv) in accordance with State and local law;
          (B) a juvenile who is a member of the Armed Forces of 
        the United States or the National Guard who possesses 
        or is armed with a handgun in the line of duty;
          (C) a transfer by inheritance of title (but not 
        possession) of a handgun or ammunition to a juvenile; 
        or
          (D) the possession of a handgun or ammunition by a 
        juvenile taken in defense of the juvenile or other 
        persons against an intruder into the residence of the 
        juvenile or a residence in which the juvenile is an 
        invited guest.
  (4) A handgun or ammunition, the possession of which is 
transferred to a juvenile in circumstances in which the 
transferor is not in violation of this subsection shall not be 
subject to permanent confiscation by the Government if its 
possession by the juvenile subsequently becomes unlawful 
because of the conduct of the juvenile, but shall be returned 
to the lawful owner when such handgun or ammunition is no 
longer required by the Government for the purposes of 
investigation or prosecution.
  (5) For purposes of this subsection, the term ``juvenile'' 
means a person who is less than 18 years of age.
  (6)(A) In a prosecution of a violation of this subsection, 
the court shall require the presence of a juvenile defendant's 
parent or legal guardian at all proceedings.
  (B) The court may use the contempt power to enforce 
subparagraph (A).
  (C) The court may excuse attendance of a parent or legal 
guardian of a juvenile defendant at a proceeding in a 
prosecution of a violation of this subsection for good cause 
shown.
  (y) Provisions Relating to Aliens Admitted Under Nonimmigrant 
Visas.--
          (1) Definitions.--In this subsection--
                  (A) the term ``alien'' has the same meaning 
                as in section 101(a)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(3)); and
                  (B) the term ``nonimmigrant visa'' has the 
                same meaning as in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)).
          (2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), 
        and (s)(3)(B)(v)(II) do not apply to any alien who has 
        been lawfully admitted to the United States under a 
        nonimmigrant visa, if that alien is--
          (A) admitted to the United States for lawful hunting 
        or sporting purposes or is in possession of a hunting 
        license or permit lawfully issued in the United States;
          (B) an official representative of a foreign 
        government who is--
                  (i) accredited to the United States 
                Government or the Government's mission to an 
                international organization having its 
                headquarters in the United States; or
                  (ii) en route to or from another country to 
                which that alien is accredited;
          (C) an official of a foreign government or a 
        distinguished foreign visitor who has been so 
        designated by the Department of State; or
          (D) a foreign law enforcement officer of a friendly 
        foreign government entering the United States on 
        official law enforcement business.
          (3) Waiver.--
                  (A) Conditions for waiver.--Any individual 
                who has been admitted to the United States 
                under a nonimmigrant visa may receive a waiver 
                from the requirements of subsection (g)(5), 
                if--
                          (i) the individual submits to the 
                        Attorney General a petition that meets 
                        the requirements of subparagraph (C); 
                        and
                          (ii) the Attorney General approves 
                        the petition.
                  (B) Petition.--Each petition under 
                subparagraph (B) shall--
                          (i) demonstrate that the petitioner 
                        has resided in the United States for a 
                        continuous period of not less than 180 
                        days before the date on which the 
                        petition is submitted under this 
                        paragraph; and
                          (ii) include a written statement from 
                        the embassy or consulate of the 
                        petitioner, authorizing the petitioner 
                        to acquire a firearm or ammunition and 
                        certifying that the alien would not, 
                        absent the application of subsection 
                        (g)(5)(B), otherwise be prohibited from 
                        such acquisition under subsection (g).
                  (C) Approval of petition.--The Attorney 
                General shall approve a petition submitted in 
                accordance with this paragraph, if the Attorney 
                General determines that waiving the 
                requirements of subsection (g)(5)(B) with 
                respect to the petitioner--
                  (i) would be in the interests of justice; and
                  (ii) would not jeopardize the public safety.
  (z) Secure Gun Storage or Safety Device.--
          (1) In general.--Except as provided under paragraph 
        (2), it shall be unlawful for any licensed importer, 
        licensed manufacturer, or licensed dealer to sell, 
        deliver, or transfer any handgun to any person other 
        than any person licensed under this chapter, unless the 
        transferee is provided with a secure gun storage or 
        safety device (as defined in section 921(a)(34)) for 
        that handgun.
          (2) Exceptions.--Paragraph (1) shall not apply to--
                  (A)(i) the manufacture for, transfer to, or 
                possession by, the United States, a department 
                or agency of the United States, a State, or a 
                department, agency, or political subdivision of 
                a State, of a handgun; or
                  (ii) the transfer to, or possession by, a law 
                enforcement officer employed by an entity 
                referred to in clause (i) of a handgun for law 
                enforcement purposes (whether on or off duty); 
                or
                  (B) the transfer to, or possession by, a rail 
                police officer directly employed by or 
                contracted by a rail carrier and certified or 
                commissioned as a police officer under the laws 
                of a State of a handgun for purposes of law 
                enforcement (whether on or off duty);
                  (C) the transfer to any person of a handgun 
                listed as a curio or relic by the Secretary 
                pursuant to section 921(a)(13); or
                  (D) the transfer to any person of a handgun 
                for which a secure gun storage or safety device 
                is temporarily unavailable for the reasons 
                described in the exceptions stated in section 
                923(e), if the licensed manufacturer, licensed 
                importer, or licensed dealer delivers to the 
                transferee within 10 calendar days from the 
                date of the delivery of the handgun to the 
                transferee a secure gun storage or safety 
                device for the handgun.
          (3) Liability for use.--
                  (A) In general.--Notwithstanding any other 
                provision of law, a person who has lawful 
                possession and control of a handgun, and who 
                uses a secure gun storage or safety device with 
                the handgun, shall be entitled to immunity from 
                a qualified civil liability action.
                  (B) Prospective actions.--A qualified civil 
                liability action may not be brought in any 
                Federal or State court.
                  (C) Defined term.--As used in this paragraph, 
                the term ``qualified civil liability action''--
                          (i) means a civil action brought by 
                        any person against a person described 
                        in subparagraph (A) for damages 
                        resulting from the criminal or unlawful 
                        misuse of the handgun by a third party, 
                        if--
                                  (I) the handgun was accessed 
                                by another person who did not 
                                have the permission or 
                                authorization of the person 
                                having lawful possession and 
                                control of the handgun to have 
                                access to it; and
                                  (II) at the time access was 
                                gained by the person not so 
                                authorized, the handgun had 
                                been made inoperable by use of 
                                a secure gun storage or safety 
                                device; and
                          (ii) shall not include an action 
                        brought against the person having 
                        lawful possession and control of the 
                        handgun for negligent entrustment or 
                        negligence per se.

           *       *       *       *       *       *       *


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)) 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.
  (c)(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.
          (C) 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.
          (F) Land administered and managed by the Forest 
        Service.

Sec. 926E. Interstate carrying of firearms by Federal judges

  Notwithstanding any provision of the law of any State or 
political subdivision thereof, a Federal judge may carry a 
concealed firearm in any State if such judge is not prohibited 
by Federal law from receiving a firearm.

           *       *       *       *       *       *       *


                            Dissenting Views


                              INTRODUCTION

    H.R. 38, the ``Concealed Carry Reciprocity Act of 2017,'' 
is a dangerous bill that would undermine the core public safety 
determinations each state makes, based on the unique 
circumstances in each state and the desires of its citizens, 
concerning the concealed carrying of guns in public. The bill 
would force each state that allows the concealed carrying of 
firearms under any conditions to accept concealed handgun carry 
permits from every other state, even if the permit holder would 
not be allowed to carry or even possess a handgun in the state 
where he or she is traveling. Not surprisingly, this measure is 
strongly opposed by various law enforcement organizations, 17 
state attorneys general, and the U.S. Conference of Mayors, 
among others.\1\ Because H.R. 38 would endanger the citizens of 
the states whose laws would be overruled, and for the reasons 
stated below, we urge our colleagues to oppose this seriously 
flawed legislation and we respectfully dissent.
---------------------------------------------------------------------------
    \1\See, e.g., Press Release, National Law Enforcement Partnership 
to Prevent Gun Violence, Statement on the Concealed Carry Reciprocity 
Act of 2017--S. 446 & H.R. 38 (Jul. 7, 2017), https://
www.lepartnership.org/wp-content/uploads/2017/07/LEP_Letter-2017-1_CCW-
HouseSenate.pdf; Letter from Eric Schneiderman, N.Y. State Attorney 
General, et al., to Mitch McConnell, Senate Majority Leader, et al. 
(Oct. 22, 2017); U.S. Conference of Mayors 85th Annual Meeting 
Resolution (June 23-26, 2017), available at http://legacy.usmayors.org/
resolutions/85th_Conference/
proposedcommittee.asp?committee=Criminal%20and%20Social%20Justice.
---------------------------------------------------------------------------

                       DESCRIPTION AND BACKGROUND

    The central purpose of H.R. 38 is to authorize anyone who 
is allowed by one state to carry a concealed handgun to carry a 
concealed handgun in any other state that allows individuals to 
carry concealed firearms, even if the other states have higher 
standards, based on public safety considerations, for granting 
concealed carry privileges. Concealed carry permits are issued 
at the state level with each state determining who is allowed 
to carry concealed firearms based on the state's core public 
safety laws. Although all 50 states allow concealed carry of 
firearms in some form, the standards vary greatly.\2\ In many 
states, the standards are much more relaxed while other states 
require higher standards before a concealed carry permit will 
be issued.
---------------------------------------------------------------------------
    \2\Everytown for Gun Safety, State-by-State Danger of Overriding 
Concealed Carry Laws, available at https://everytownresearch.org/state-
by-state-danger-of-overriding-concealed-carry-laws/.
---------------------------------------------------------------------------
    Under current law, each state determines if it will 
recognize concealed carry permits issued by other states. There 
are 11 states that do not recognize concealed carry permits 
issued by other states.\3\ Most other states only recognize 
some concealed carry permits issued by other states, usually 
those with equivalent standards.\4\ H.R. 38 would disregard 
these critical, locally-based determinations.
---------------------------------------------------------------------------
    \3\Everytown for Gun Safety, Concealed Carry Reciprocity (H.R. 38): 
Overriding State Public Laws, available at http://
everytownresearch.org/concealed-carry-reciprocity-h-r-38-overriding-
state-public-safety-laws/.
    \4\Id.
---------------------------------------------------------------------------

                         CONCERNS WITH H.R. 38

    H.R. 38 eviscerates the authority of states to set their 
own eligibility standards for who may carry a concealed, loaded 
gun in public. State officials, law enforcement, and 
legislators are in the best position to decide crime-fighting 
policies for their respective jurisdictions. For example, the 
needs of rural areas may not fit the needs of big cities and 
vice-versa.
    States often set standards for carrying handguns on city 
streets that include criteria that exceed the requirement that 
an applicant pass a federal background check. For instance, 
many states, including those with strong gun rights traditions, 
have enacted laws that prohibit concealed handgun carrying by 
certain categories of individuals, including varying laws 
concerning who may possess firearms under any circumstances. 
These include teenagers, alcohol abusers, and individuals who 
pose a danger to others, or those who have not completed basic 
safety training. For example, 27 states and the District of 
Columbia prohibit people convicted of misdemeanor crimes of 
violence from carrying concealed guns in public and 35 states 
and the District of Columbia exceed federal protections by 
prohibiting abusive dating partners from carrying concealed 
guns in public. Even the many states that require safety 
training or live-fire training to obtain concealed carry 
permits would have these laws dangerously ignored should H.R. 
38 become law.\5\
---------------------------------------------------------------------------
    \5\Id.
---------------------------------------------------------------------------
    Various analyses of state concealed carry laws indicate 
that ``weak permitting systems allow dangerous people to carry 
guns,''\6\ but under H.R. 38 the state with the weakest 
standards for issuing concealed carry permits would override 
any state with more restrictive standards. As a result, the 
bill would allow individuals to carry in those states that 
would not have issued concealed carry permits to individuals 
unable to meet the more restrictive standards. The national 
standard for carrying concealed firearms would, in effect, be 
set by those states with the most relaxed standards for issuing 
permits.\7\ Even individuals authorized to carry concealed guns 
in those states that do not require concealed carry permits 
would be allowed to engage in concealed carry in states with 
higher standards.
---------------------------------------------------------------------------
    \6\Giffords Law Center to Prevent Gun Violence, Concealed Weapons 
Permitting, available at http://smartgunlaws.org/gun-laws/policy-areas/
firearms-in-public-places/concealed-weapons-permitting/
    \7\Center for American Progress, Fact Sheet, Federally Mandated 
Concealed Carry Legislation (Jan. 2017).
---------------------------------------------------------------------------
    H.R. 38 would make presentation of facially valid documents 
prima facie evidence that the individual has a required 
concealed carry license or permit. Currently, each state 
determines if it will recognize concealed carry permits issued 
by other states. A nationwide system by which concealed carry 
permits can be verified does not exist and, in some states, 
concealed carry permits cannot be verified within the state, as 
there is no statewide system of all concealed carry permits.\8\ 
This bill would grant people who have obtained a permit from 
any state the authority to carry concealed handguns across the 
country with no verification as long as individuals can present 
a facially valid document purporting to be a concealed carry 
permit.
---------------------------------------------------------------------------
    \8\Everytown for Gun Safety, State-by-State Danger of Overriding 
Concealed Carry Laws.
---------------------------------------------------------------------------
    With these public safety dangers posed by the bill, 
Committee Democrats offered numerous amendments to uphold the 
concealed carry restrictions of each state. These include the 
following:
    Violent Misdemeanor Offenses. Congressman Jerrold Nadler 
(D-NY) offered an amendment to prohibit offenders who have been 
convicted of a violent misdemeanor in the past three years from 
carrying a concealed gun in a state where that conviction would 
otherwise disqualify them from carrying in public. The 
amendment was defeated by a vote of 12-15.
    Domestic Violence Offenses. Congresswoman Sheila Jackson 
Lee (D-TX) offered an amendment to block domestic abusers and 
stalkers from taking advantage of imposed reciprocity. The 
amendment would have prevented the bill from overriding the 
laws of states that prevent the carrying of concealed guns by 
certain domestic abusers and stalkers, particularly dating 
partners. The amendment was defeated by a vote of 8-16.
    Anti-Forum Shopping. Congresswoman Zoe Lofgren (D-CA) 
offered an amendment to require that an individual be a 
resident of the state from which their concealed carry permit 
is issued in order for the individual to take advantage of the 
bill's reciprocity. The amendment was defeated by a vote of 8-
17.
    Protecting State Public Safety Standards. Congressman Jamie 
Raskin (D-MD) offered an amendment to allow states to retain 
their own public safety standards, while recognizing concealed 
carry permits from out-of-state residents only if their permits 
are from states with similar standards, including any gun 
safety training and live-fire training, for granting the 
permits. The amendment failed, despite Democratic support, by a 
voice vote.
    State Laws Safeguarding Private Property. Congressman Ted 
Deutch (D-FL) offered an amendment to ensure that state 
prohibitions or restrictions on the possession of firearms on 
private property would not be superseded. The amendment was 
defeated by a vote of 10-14.
    State Laws with Age Restrictions. Congressman Steve Cohen 
(D-TN) offered an amendment to prevent the bill's forced 
reciprocity from overriding state laws prohibiting individuals 
younger than 21 years of age from carrying concealed guns. The 
amendment was defeated by a vote of 8-17.
    High Capacity Ammunition Magazines. Congressman David 
Cicilline (D-RI) offered an amendment to prohibit the bill from 
allowing the carrying of high capacity magazines for use with 
handguns across state lines. The amendment was defeated by a 
vote of 7-17.
    State Laws Concerning Handgun Possession. Congressman Eric 
Swalwell (D-CA) offered an amendment to prevent the bill from 
overriding state laws restricting possession of handguns. The 
amendment failed by a vote of 7-12.
    Assaulting or Impersonating a Police Officer. Congressman 
Swalwell offered an amendment to prevent the bill from 
overriding state laws prohibiting persons convicted of 
misdemeanor offenses of assaulting or impersonating a police 
officer from carrying concealed guns. The amendment failed by a 
vote of 8-15.
    Restrictions on Concealed Carry on Certain Beaches. 
Congressman Deutch offered an amendment to prohibit the bill 
from allowing the concealed carrying of guns on land 
administered and managed by the Army Corps of Engineers. The 
amendment failed, despite Democratic support, by a voice vote.
    Animal Cruelty. Congressman Deutch offered an amendment to 
prohibit individuals from taking advantage of the reciprocity 
provided by the bill if they have been convicted of cruelty to 
animals within the past five years. The amendment failed by a 
vote of 8-12.
    Requiring Periodic Background Checks and Verification 
Mechanism. Congressman Raskin offered an amendment to require 
concealed carry reciprocity under the bill to apply only to 
those states that: (1) can verify the existence of a license or 
permit on a 24-hour per day basis; (2) conduct a biannual 
background check to verify that concealed carry license holders 
are legally eligible to possess firearms; and (3) can revoke 
the license if the holder is not eligible to hold the license. 
This amendment failed by a vote of 8-17.
    Respecting the Laws of the District of Columbia. 
Congressman Raskin offered an amendment to prevent the bill 
from forcing concealed carry reciprocity onto the District of 
Columbia. The amendment failed, despite Democratic support, by 
voice vote.
    Hate Crimes Offenses. Congresswoman Jackson Lee offered an 
amendment to prevent the carrying of concealed guns under the 
bill by anyone convicted of federal or state hate crimes. The 
amendment failed by a vote of 8-19.
    Driving Under the Influence Offenses. Congressman Brad 
Schneider (D-IL) offered an amendment to prevent the bill from 
overriding state laws to prohibit concealed carry by an 
individual who has been twice convicted of operating a motor 
vehicle under the influence of alcohol or a controlled 
substance. The amendment failed by a vote of 9-18.
    Background Check Requirements. Congressman Swalwell offered 
an amendment to prohibit concealed carry reciprocity for an 
individual unless the person's home state and the state into 
which they are transporting the handgun require background 
checks for prospective purchasers. The amendment failed by a 
vote of 10-18.
    Committee Democrats offered these amendments to defend the 
ability of states to protect their citizens from gun violence. 
The bill ignores fundamental federalism principles and 
disregards state laws setting minimum public safety standards 
for carrying concealed guns, which courts have recognized as 
within the lawful, constitutional power of the states to enact. 
The Supreme Court has stated that even prohibitions on 
concealed carrying are permissible.In District of Columbia v. 
Heller,\9\ a case in which the Supreme Court held that the 
District's handgun ban was unconstitutional, Justice Antonin 
Scalia, writing for the majority, specified that the Court's 
holding did not ``cast doubt'' on other gun laws and noted that 
``[w]e identify these presumptively lawful regulatory measures 
only as examples; our list does not purport to be 
exhaustive.''\10\ In discussing long-understood limitations on 
the right to keep and bear arms, Justice Scalia noted that 
``the majority of the 19th-century courts to consider the 
question held that prohibitions on carrying concealed weapons 
were lawful under the Second Amendment or state 
analogues.''\11\ The Court thus reaffirmed its ruling in 
Robertson v. Baldwin issued 120 years ago that ``the right of 
the people to keep and bear arms (article 2) is not infringed 
by laws prohibiting the carrying of concealed weapons.''\12\ 
State laws governing such conduct, directly bearing on 
questions of public safety, should therefore not be nullified 
by Congress.
---------------------------------------------------------------------------
    \9\554 U.S. 570 (2008).
    \10\Id. at 627 n. 26.
    \11\Id. at 626.
    \12\165 U.S. 275, 281-82 (1897).
---------------------------------------------------------------------------
    In addition, implementation of this bill would endanger law 
enforcement officers as they work to keep us safe. Policing our 
streets and conducting traffic stops are already perilous 
enough without increasing the number of guns officers 
encounter. The bill would make it nearly impossible for law 
enforcement officers, fearing legal liability under the bill, 
to determine whether someone carrying a gun is doing so 
illegally. Officers would have to distinguish between real and 
fake carry permits issued not only by their own state, but by 
every state. All of this is complicated by the fact that there 
is no national database of permit holders.

                               CONCLUSION

    The answer to our national problem of gun violence is not 
that we need more people carrying concealed firearms on our 
streets. More than 33,000 Americans lose their life to gun 
violence each year, while in some other countries this figure 
barely exceeds 100.\13\ For example, in 2011 the United Kingdom 
had 146 deaths due to gun violence; Denmark, 71; Portugal, 142; 
and Japan, just 30.\14\ A study in the American Journal of 
Medicine found that, compared to 22 other high-income 
countries, the gun-related murder rate in the United States is 
25 times higher.\15\ We must change our approach to this issue 
and adopt meaningful legislation that strengthens our gun laws 
instead of weakening them. And, we must not undermine the 
efforts of states to defend their citizens against these harms.
---------------------------------------------------------------------------
    \13\Mona Chalabi, How Bad is U.S. Gun Violence? These Charts Show 
the Scale of the Problem, Guardian (Oct. 5, 2017), https://
www.theguardian.com/us-news/2017/oct/05/us-gun-violence-charts-data.
    \14\The University of Sydney's Sydney School of Public Health, Gun 
Facts, Figures and the Law, http://www.gunpolicy.org/.
    \15\Daniel White, America's Gun Homicide Rate Is 25 Times Higher 
Than Other Rich Countries, Time (Feb. 3, 2016), http://time.com/
4206484/america-violent-death-rate-higher/.
---------------------------------------------------------------------------
    States are in the best position to determine which measures 
best protect their citizens, based on the circumstances and 
judgments peculiar to each state, and the Second Amendment does 
not confer a right to carry concealed firearms in violation of 
state law standards enacted in order to enhance public safety. 
As the National Law Enforcement Coalition to Prevent Gun 
Violence, in a statement opposing H.R. 38, observed ``We reject 
the idea that one state's approach to carrying a concealed 
firearm will work across the country. States and localities 
should maintain their rights to legislate concealed carry laws 
that best meet the needs of their citizens.''\16\ We agree.
---------------------------------------------------------------------------
    \16\See Press Release, National Law Enforcement Partnership to 
Prevent Gun Violence, Statement on the Concealed Carry Reciprocity Act 
of 2017--S. 446 & H.R. 38 (Jul. 7, 2017).
---------------------------------------------------------------------------
    For the forgoing reasons, we respectfully dissent.

                                   Mr. Nadler.
                                   Ms. Lofgren.
                                   Ms. Jackson Lee.
                                   Mr. Steve Cohen.
                                   Mr. Johnson, Jr.
                                   Mr. Deutch.
                                   Mr. Gutierrez.
                                   Mr. Bass.
                                   Mr. Richmond.
                                   Mr. Jeffries.
                                   Mr. Cicilline.
                                   Mr. Swalwell.
                                   Mr. Lieu.
                                   Mr. Raskin.
                                   Ms. Jayapal.

                                  [all]