Professional Documents
Culture Documents
Gun ownership in the United States remains a controversial issue. Frequent, widely-
reported mass shootings have exacerbated an ideological rift in the country, with liberals
demanding reform to limit the prevalence of guns, and conservatives fighting back to maintain
their Second Amendment rights. Amid this debate stands H.R. 38, also known as the Concealed
Carry Reciprocity Act. This is a bill in the 115th Congress that would relax concealed carry laws
nationwide. Second Amendment advocates have championed this piece of legislation, advocating
for its passage against opposition from left-leaning, pro-restriction groups. While the fate of the
act remains to be decided, H.R. 38 undoubtedly represents a major partisan divide in the United
States today.
Concealed carry has existed for decades, stipulating that individuals should be legally
allowed to hold guns on their person, so long as such weapons are not visible. Originally, laws
against concealed carry were strict. Many of them were passed in the early 19th century,
responding to rising crime and violence in newly admitted Southern and Western states. The
laws were not forgiving. Nineteen states had banned concealed carry outright, with another
twenty-nine adopting “may-issue” laws, statutes that allowed states to issue permits, but only
after significant vetting of prospective carriers. Such legislation remained in place for several
decades, until concealed carry laws saw drastic scaling back throughout the 2000’s. By 2016,
there were no states outlawing concealed carry, with only eight “may-issue’ states remaining.1
Today, twelve states allow residents to carry guns without requiring any permit whatsoever.2 In a
such short period of time, gun-related legislation has become significantly more relaxed. Why
1
Spitzer, Robert J. “Even in the Wild West, There Were Rules about Carrying Concealed Weapons.”
2
“Concealed Carry.” Giffords Law Center to Prevent Gun Violence
1
The weakening of gun regulations has much to do with the rise of pro-gun interest groups
in the past 20 years. One organization in particular, the National Rifle Association, laid much of
the framework that would incite such change. Noticing declining rates of membership in the
1990’s, the NRA needed a new strategy to attract new members. They took advantage of specific
instances of violence – such as the 1992 Rodney King riots in Los Angeles – claiming that
violent crime was sweeping the country and people needed to arm themselves.3 It did not matter
that crime rates were actually decreasing throughout the country.4 People subscribed to the
message, believing that carrying a gun was not only necessary, but their right. As the NRA grew
more outspoken, their beliefs would spread amongst academics, media outlets, and the American
people.
The shift in public opinion regarding gun laws was rapid and widespread. The number of
Americans who believed in passing stricter laws concerning gun sales decreased from 78% of the
population in 1991 to 47% in 2015.5 Policymakers now faced a country that had suddenly
softened its tone on gun policy. At the same time, they saw heightened spending from various
organizations, with the NRA’s outside spending and independent campaign expenditures rising
from about $2 million in 2000 to almost $55 million in 2016.6 Legislators, worried about losing
their seats, decided to respond to public pressure, relaxing harsh gun laws. States eliminated their
concealed carry restrictions, and Congressmen pushed for concealed carry reciprocity, a policy
that would allow licensed individuals to carry their guns in any state so long as they were
permitted to do so in their home state. Over time, legislation supporting this policy has grown
more popular in the Congress. Hoping to appeal to their constituents, legislators have now
3
Osnos, Evan. “How Fear Helps the Gun Business.”
4
Gramlich, John. “5 Facts about Crime in the U.S.”
5
Gallup, Inc. “Guns.”
6
Jacobson, Louis. “Counting up How Much the NRA Spends on Campaigns, Lobbying.”
2
embraced concealed carry up to the point where H.R. 38 now stands some chance of becoming
law.
Bills similar to H.R. 38 have existed through numerous Congresses. During the 1990’s
and 2000’s, several bills that would implement concealed carry reciprocity were introduced in
the House and Senate. These were not very prospective; Congressman Cliff Stearns suggested a
concealed carry reciprocity bill in 1995 (which was H.R. 2634 in the 104th Congress) that had
nearly the same text as this modern act, yet could only garner thirteen cosponsors and face
nothing more than introduction in the House.7 Over time, however, bills advocating concealed
carry reciprocity become more popular. Stearns would introduce two more bills during the
2000’s that netted over 200 cosponsors each, with one managing to pass the House, but not the
Senate.8 Congressional sentiment for the policy was growing, but it did not achieve enough
momentum during the Bush nor Obama years to see passage, despite rolling back of state
restrictions on concealed carry. The 115th Congress, however, now feels that it has a chance to
implement the policy. Although Republicans do not have a 60-member supermajority in the
Senate, Republican control of both the House and the presidency has emboldened legislators to
The Concealed Carry Reciprocity Act was passed through the House of Representatives
strong gun rights advocate.9 The bill had 213 cosponsors, of which 210 were also Republicans.
Ultimately, 231 Congressmen voted for the bill and 198 voted against. Voting mostly stuck to
party lines, yet votes within the Republican Party were enough to pass the bill.10 The 115th
7
“H.R.2634.” Congress.gov
8
“Representative Cliff Stearns.” Congress.gov
9
“Second Amendment.” Congressman Richard Hudson
10
“H.R.38 - Concealed Carry Reciprocity Act of 2017.” Congress.gov
3
Congress’s version of the bill also has a unique feature, as Title II of the legislation adds in an
entirely separate bill, the Fix NICS Act. Senator John Cornyn is the sponsor this bill, which
would make background checks for guns stricter throughout the country. In light of recent mass
shootings, the Fix NICS Act gained bipartisan support in the Senate. Speaker Ryan, however, has
claimed that the House will only support the bill if concealed carry reciprocity is tied to it.11
Ryan believes that attaching the Fix NICS Act to the Concealed Carry Reciprocity Act will
finally enable the reciprocity bill to be signed into law. Because Republicans do not have a
supermajority in the Senate, the only way they can pass such a bill is with Democratic votes.
Ryan hopes that in combining both Acts, Senate Democrats would vote for a concealed carry law
they would not have otherwise, in order to attain the stronger background check laws they
Congressman Ryan’s strategy, however, has diminished the viability of concealed carry
reciprocity. Senate Minority Leader Chuck Schumer has not only come out against the House
Republicans’ plan, but the Fix NICS Act as well, claiming that the legislation “barely scratches
the surface of our gun problem,” and does not enact strict enough reform.12 House Republicans
added Title II thinking that it would make voting for concealed carry reciprocity more appealing
for Democrats. What they did not realize, however, was that the addendum would not be
satisfactory enough. Republican leadership, surprisingly, has also disavowed the House bill, with
John Cornyn claiming he will only vote for the Fix NICS Act if it is decoupled from the
Concealed Carry Reciprocity Act. Why is this the case? Cornyn does not believe that the Fix
NICS Act would pass if the two bills were conjoined. “We should start with what’s achievable,”
said Cornyn, showing his inclination to compromise over background check legislation rather
11
Connolly, Griffin. “House Concealed-Carry Reciprocity Measure Still Roadblock to Gun Legislation.”
12
“Schumer Statement on Gun Safety Proposals and Legislation.” Senate Democratic Leadership
4
than enact decisive concealed carry law, despite his preference for the latter.13 Considering
mounting national pressure after the recent Parkland shooting, Cornyn believes that passing
some form of background check laws would take electoral pressure off the party, giving them a
better opportunity in the future to pass concealed carry reciprocity without the threat of media
scrutiny. The bill’s chances are unlikely today, but if public opinion again warms up to
concealed carry, even after all the negative attention guns have recently received, Republicans
Although such disputes have put the viability of concealed carry reciprocity into
question, many would argue that the idea still remains sound. For one, the Full Faith and Credit
Clause of the Constitution claims that states must respect the “public acts, records, and judicial
proceedings of every other state.”14 In practice, this clause requires states to recognize adoption
forms, orders of protection, and other documents issued by outside states. Why then, say
advocates, can certain states choose not to recognize individuals’ legally acquired, state-issued
concealed carry licenses? If there already exists legal basis within the Constitution for
reciprocity, then federal policy should be enacted that prevents states with restrictive laws from
willfully rejecting certain licenses. To compensate for federal inaction, some states have already
enacted their own concealed carry reciprocity laws. Tennessee, for instance, will recognize carry
permits issued by any state.15 While the legal argument has not brought the Congress to action,
In response, gun control advocates would point to federalism in the United States.
Consider federal policy towards marijuana usage. While national law restricts recreational use of
13
Drusch, Andrea. “Gun Safety Win on the Horizon for GOP-Controlled Senate.”
14
Staff, LII. “Article IV.” LII / Legal Information Institute
15
“Reciprocity.” Tennessee Firearms Association
5
marijuana, the federal government has given states the freedom to decide their own policies
regarding the drug, knowing that its harms to public health are overstated. Each state, therefore,
can pass a policy that works best for its residents. Why should this idea not apply with concealed
carry? Legislators in strict gun control states like California, for example, are very concerned
about the dangers of concealed carry in the United States. 29.7 homicides by firearm occur per
every one million Americans – the highest such rate amongst all advanced nations.16 States such
as California should be able to pass laws that mitigate such issues they consider harmful. Why
should other states, holding specific political stances, be able to interfere? Disagreement remains
staunch on both sides of the aisle, but the lack of decisive concealed carry law has as at least
As Congressmen continue holding off on passing serious gun control legislation, and
tragic gun violence events continue to occur throughout the United States, the debate
surrounding issues like concealed carry will remain vigorous. Many questions still surround the
issue of guns in America. Should background checks become more difficult? Should we remove
concealed carry laws? Is the actual issue the prevalence of guns in the country or the culture we
have created surrounding them? There are no widely agreed-upon answers to these questions,
and in no other institution but the U.S. Congress is this ideological tug-of-war exemplified better.
16
Lopez, German. “I've Covered Gun Violence for Years. The Solutions Aren't a Big Mystery.”
6
Works Cited
laws/policy-areas/guns-in-public/concealed-carry/.
carry-reciprocity-measure-still-roadblock-gun-legislation.
Drusch, Andrea. “Gun Safety Win on the Horizon for GOP-Controlled Senate.” Mcclatchydc, 8
government/congress/article204115434.html.
Gramlich, John. “5 Facts about Crime in the U.S.” Pew Research Center, 30 Jan. 2018,
www.pewresearch.org/fact-tank/2018/01/30/5-facts-about-crime-in-the-u-s/.
www.congress.gov/bill/115th-congress/house-bill/38/actions.
Jacobson, Louis. “Counting up How Much the NRA Spends on Campaigns, Lobbying.”
up-how-much-nra-spends/.
Lopez, German. “I've Covered Gun Violence for Years. The Solutions Aren't a Big Mystery.”
violence-us-statistics-charts.
7
Osnos, Evan. “How Fear Helps the Gun Business.” The New Yorker, The New Yorker, 6 July
2017, www.newyorker.com/magazine/2016/06/27/after-orlando-examining-the-gun-
business.
tennesseefirearms.com/resources/reciprocity/.
stearns/S000822?q=%7B%22search%22%3A%5B%22concealed+carry+reciprocity%22
%5D%7D+.
“Schumer Statement on Gun Safety Proposals and Legislation.” Senate Democratic Leadership,
on-gun-safety-proposals-and-legislation-.
hudson.house.gov/second-amendment/.
Spitzer, Robert J. “Even in the Wild West, There Were Rules about Carrying Concealed
www.latimes.com/opinion/op-ed/la-oe-spitzer-peruta-concealed-carry-20160619-snap-
story.html.
Staff, LII. “Article IV.” LII / Legal Information Institute, 10 Oct. 2017,
www.law.cornell.edu/constitution/articleiv.