Simone Lawson
The Constitutional Concealed Carry Reciprocity Act, or H.R.38, is a bill that has been introduced in the US House of Representatives several times since 2017. The bill would establish a federal framework to regulate the possession and carry of concealed firearms across state lines, allowing individuals with valid concealed carry permits in their home state to carry them in other states. While the bill has passed the House multiple times, it has never been signed into law due to opposition in the Senate, where it requires 60 votes to pass.
| Characteristics | Values |
|---|---|
| Name of the Act | Constitutional Concealed Carry Reciprocity Act |
| Bill Number | H.R.38 |
| Year | 2023 |
| Introduced by | U.S. Representatives Tracey Mann and Richard Hudson |
| Supported by | Over 120 colleagues, Gun Owners of America, the U.S. Concealed Carry Association, the National Rifle Association, the National Shooting Sports Foundation |
| Purpose | To establish a federal statutory framework to regulate the carry or possession of concealed firearms across state lines |
| Status | Passed in the House, but not taken up in the Senate |
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What You'll Learn
The bill's reintroduction in the House of Representatives
The Constitutional Concealed Carry Reciprocity Act was reintroduced in the House of Representatives in January 2025 by Congresswoman Carol Miller (R-WV) and Congressman Richard Hudson (R-NC), along with over 120 of their colleagues. This marked the bill's latest introduction since it was first proposed in 2017.
The bill, also known as H.R.38, aims to establish a federal statutory framework to regulate the carry or possession of concealed firearms across state lines. Specifically, it would allow individuals with state-issued concealed carry licenses or permits to carry a concealed handgun in any other state, including the 29 permitless carry states. This would provide nationwide reciprocity for concealed carry license holders and residents of constitutional carry states, upholding their Second Amendment rights.
Supporters of the bill argue that it would protect the rights of law-abiding citizens to conceal carry and travel freely between states without worrying about conflicting state codes or civil suits. Congressman Hudson stated, "Our Second Amendment right does not disappear when we cross invisible state lines, and this commonsense legislation guarantees that." The bill has garnered support from major pro-Second Amendment organizations, including the NRA Institute for Legislative Action (NRA-ILA) and Gun Owners of America (GOA).
However, gun control groups have opposed the legislation. Every Town for Gun Safety argued that reciprocity would "gut" state standards and force each state to recognize the concealed carry standards from other states, even those with weaker requirements or no permit requirement at all. They contend that it undermines state-level efforts to regulate concealed carry permits and could potentially endanger public safety.
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The bill's failure to pass the Senate
The Constitutional Concealed Carry Reciprocity Act bill was reintroduced in the House of Representatives in January 2025. The bill, also known as H.R.38, was led by U.S. Representatives Tracey Mann and Richard Hudson, with over 120 of their colleagues joining in support. The bill aimed to establish a federal statutory framework to regulate the carrying or possession of concealed firearms across state lines. Specifically, it would allow individuals with a valid concealed carry permit in one state to carry or possess a concealed handgun in another state that permits its residents to do the same.
Despite the bill's passage in the House, it faced significant opposition and ultimately failed to pass in the Senate. This outcome was not unexpected, as the bill had been introduced multiple times since 2017 without becoming law. The bill's supporters, including gun rights groups and major pro-Second Amendment organizations, celebrated the bill's reintroduction and advocated for its passage. They argued that it would protect the Second Amendment rights of law-abiding citizens and ensure that their right to self-defense did not end at state lines.
However, the bill also faced strong criticism from gun control groups and Democrats. Opponents argued that the bill would infringe on states' rights and negatively impact public safety. They highlighted that it would allow individuals to circumvent background checks by obtaining guns or permits from states with more permissive standards. This, they claimed, would be particularly dangerous for victims of domestic abuse. Additionally, critics argued that the bill would gut" state standards by forcing states to recognize concealed carry permits from other states with weaker requirements.
The bill's failure to pass in the Senate can be attributed to several factors, including the need for 60 votes in the Senate, which was unlikely to be achieved due to the divided nature of the Senate and the strong opposition from gun control advocates and Democrats. Additionally, the bill faced criticism from some quarters of the Republican Party, with President Donald Trump initially supporting the bill but later expressing a preference for the Fix NICS Act, which included stronger background checks.
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The bill's supporters
The supporters of the Constitutional Concealed Carry Reciprocity Act, or H.R.38, argue that the bill is necessary to uphold and defend the Second Amendment rights of law-abiding Americans. Led by U.S. Representatives Tracey Mann (KS-01) and Richard Hudson (NC-09), the bill's supporters contend that the right to carry a concealed firearm does not disappear when crossing state lines.
The bill establishes a federal statutory framework to regulate the carry or possession of concealed firearms across state lines. Specifically, an individual who is eligible to carry a concealed firearm in one state may do so in another state that allows its residents to carry concealed firearms, as long as the firearm in question is not a machine gun or destructive device. This ensures that legal gun owners can defend themselves regardless of their geographical location.
Supporters of the bill argue that it will protect the rights of law-abiding citizens to conceal carry and travel freely between states without worrying about conflicting state codes or civil suits. According to data from the Crime Prevention Research Center, nearly 22 million Americans hold concealed carry permits. The bill's supporters believe that it will provide clarity and consistency in gun laws across the country, making it easier for gun owners to comply with the law.
In addition, the bill's supporters may argue that it is a matter of public safety. By allowing individuals to carry concealed firearms across state lines, the bill enables people to protect themselves and their loved ones in potentially dangerous situations. This could be especially relevant for individuals who travel frequently or those who live in areas with high crime rates.
Furthermore, the bill's supporters may also emphasize the importance of state sovereignty and individual freedom. By preempting most state and local laws related to concealed carry, the bill gives individuals the choice to carry a concealed firearm, regardless of the varying gun laws in different states. This aligns with the principles of federalism and individual liberty, ensuring that law-abiding citizens can exercise their Second Amendment rights without undue restrictions.
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The bill's critics
The critics of the Constitutional Concealed Carry Reciprocity Act include Democrats and gun control advocates. The bill has been criticised on the grounds that it would infringe on states' rights and negatively impact public safety. It would establish a federal framework to regulate the possession and carry of concealed firearms across state lines, allowing individuals with a concealed carry permit in one state to carry a concealed handgun in another state that permits its residents to do the same.
Gun control advocate Sara Gorman has expressed concern that the bill would endanger victims of domestic abuse by enabling people to circumvent background checks for guns or permits by obtaining them in states with more lenient laws. The bill would also establish a private right of action for individuals negatively affected by interference with the concealed carry right it establishes, which could enable individuals to challenge state and local laws related to concealed carry.
The bill's introduction follows efforts by federal bureaucrats and Washington Democrats to undermine the Second Amendment rights of Americans, according to Representatives Mann and Hudson, who led the bill's introduction. President Trump initially supported the bill but later expressed preference for the Fix NICS Act, which includes stronger background checks.
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The bill's potential impact on gun rights
The Constitutional Concealed Carry Reciprocity Act, if passed, would have a significant impact on gun rights in the United States. The bill seeks to establish a federal framework to regulate the possession and carrying of concealed firearms across state lines. This would effectively grant nationwide reciprocity to individuals with valid concealed carry permits, allowing them to carry their firearms in other states that permit their residents to do the same.
Proponents of the bill argue that it would protect the Second Amendment rights of law-abiding citizens by ensuring that their right to carry firearms does not disappear when they cross state lines. It would remove the confusion and concerns arising from conflicting state codes, providing a more seamless experience for those who wish to carry their firearms while travelling. This aspect is particularly highlighted by supporters, who believe that the current variation in state laws restricts the freedom to carry firearms and creates a complicated legal environment for gun owners.
The bill has been celebrated by gun rights groups, who view it as a significant victory for the gun rights movement. They argue that it upholds the Second Amendment by allowing individuals with permits to exercise their rights across the country, including in states with stricter gun control laws. This would include the 29 permitless carry states, where residents would be able to carry firearms without a permit across the nation.
However, opponents of the bill, including gun control groups and Democrats, argue that it would "gut" state standards and infringe upon states' rights. They contend that reciprocity would force states with stricter standards to recognise permits from states with weaker or non-existent requirements, potentially compromising public safety. For instance, some states mandate training for obtaining a concealed carry permit, while others do not, and the training programs themselves vary in their requirements and methods. Opponents also raise concerns about the potential danger this could pose to victims of domestic abuse, as individuals could circumvent background checks by obtaining firearms in more permissive states.
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Frequently asked questions
The Constitutional Concealed Carry Reciprocity Act is a bill that establishes a federal statutory framework to regulate the carrying or possession of concealed firearms across state lines.
The purpose of the bill is to provide nationwide reciprocity for concealed carry license holders and residents of constitutional carry states, upholding their Second Amendment rights.
The bill has been introduced in the House of Representatives multiple times since 2017 but has never been signed into law. While it has passed the House on some occasions, it has not been taken up in the Senate due to the unlikelihood of getting the required 60 votes.
The bill is supported by major pro-Second Amendment organizations, including the NRA, Gun Owners of America, the U.S. Concealed Carry Association, and the National Shooting Sports Foundation. President Trump has also committed to signing the bill into law.
Gun control groups, such as Every Town for Gun Safety, oppose the bill, arguing that it would "'gut' state standards" and adversely affect public safety, particularly for victims of domestic abuse.
