Respecting States' Rights and Concealed Carry Reciprocity Act of 2012 - Amends the federal criminal code to authorize a person who is not prohibited from possessing, transporting, shipping, or receiving a firearm under federal law, who is entitled and not prohibited from carrying a concealed firearm in his or her state of residence or who is carrying a valid state license or permit to carry a concealed weapon, and who is carrying a government-issued photographic identification document, to carry a concealed handgun (which has been shipped or transported in interstate or foreign commerce, other than a machinegun or destructive device) in any state in accordance with the restrictions of that state.
Provides that in a state that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual license or permit holders, an individual carrying a concealed handgun under this Act shall be permitted to carry it according to the same terms authorized by an unrestricted license or permit issued by such state.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2213 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 2213
To allow reciprocity for the carrying of certain concealed firearms.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 20, 2012
Mr. Thune (for himself, Mr. Vitter, Mr. Barrasso, Mr. Boozman, Mr.
Burr, Mr. Chambliss, Mr. Coburn, Mr. Cornyn, Mr. Crapo, Mr. DeMint, Mr.
Enzi, Mr. Grassley, Mr. Inhofe, Mr. Isakson, Mr. Johnson of Wisconsin,
Mr. McConnell, Mr. Paul, Mr. Portman, Mr. Risch, Mr. Rubio, Mr.
Sessions, Mr. Toomey, Mr. Wicker, Mr. Cochran, Mr. Hatch, Mr. Lugar,
Mr. Graham, Ms. Ayotte, and Mr. Lee) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To allow reciprocity for the carrying of certain concealed firearms.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Respecting States' Rights and
Concealed Carry Reciprocity Act of 2012''.
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) In General.--Notwithstanding any provision of the law of any
State or political subdivision thereof to the contrary--
``(1) an individual who is not prohibited by Federal law
from possessing, transporting, shipping, or receiving a
firearm, and who is carrying a government-issued photographic
identification document and a valid license or permit which is
issued pursuant to the law of a State and which permits the
individual to carry a concealed firearm, 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 other than the State of residence
of the individual that--
``(A) has a statue that allows residents of the
State to obtain licenses or permits to carry concealed
firearms; or
``(B) does not prohibit the carrying of concealed
firearms by residents of the State for lawful purposes;
and
``(2) an individual who is not prohibited by Federal law
from possessing, transporting, shipping, or receiving a
firearm, and who is carrying a government-issued photographic
identification document and is entitled and not prohibited from
carrying a concealed firearm in the State in which the
individual resides otherwise than as described in paragraph
(1), 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
other than the State of residence of the individual that--
``(A) has a statute that allows residents of the
State to obtain licenses or permits to carry concealed
firearms; or
``(B) does not prohibit the carrying of concealed
firearms by residents of the State for lawful purposes.
``(b) Conditions and Limitations.--The possession or carrying of a
concealed handgun in a State under this section shall be subject to the
same conditions and limitations, except as to eligibility to possess or
carry, imposed by or under Federal or State law or the law of a
political subdivision of a State, that apply to the possession or
carrying of a concealed handgun by residents of the State or political
subdivision who are licensed by the State or political subdivision to
do so, or not prohibited by the State from doing so.
``(c) Unrestricted License or Permit.--In a State that allows the
issuing authority for licenses or permits to carry concealed firearms
to impose restrictions on the carrying of firearms by individual
holders of such licenses or permits, an individual carrying a concealed
handgun under this section shall be permitted to carry a concealed
handgun according to the same terms authorized by an unrestricted
license of or permit issued to a resident of the State.
``(d) Rule of Construction.--Nothing in this section shall be
construed to preempt any provision of State law with respect to the
issuance of licenses or permits to carry concealed firearms.''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, 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 enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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