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Concealed Carry Saraie, Jeremy

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

and how did this occur?

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

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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.”

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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

once again attempt to enact concealed carry reciprocity into law.

The Concealed Carry Reciprocity Act was passed through the House of Representatives

in December 2017. It was sponsored by Representative Richard Hudson, a Republican and

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

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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

wanted in the first place.

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

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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

could then again attempt to pass the Act.

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,

various states have willingly picked up their slack.

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

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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

allowed states to determine their own legislative solutions.

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.”

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Works Cited

“Concealed Carry.” Giffords Law Center to Prevent Gun Violence, lawcenter.giffords.org/gun-

laws/policy-areas/guns-in-public/concealed-carry/.

Connolly, Griffin. “House Concealed-Carry Reciprocity Measure Still Roadblock to Gun

Legislation.” Roll Call, 27 Feb. 2018, www.rollcall.com/news/politics/house-concealed-

carry-reciprocity-measure-still-roadblock-gun-legislation.

Drusch, Andrea. “Gun Safety Win on the Horizon for GOP-Controlled Senate.” Mcclatchydc, 8

Mar. 2018, www.mcclatchydc.com/news/politics-

government/congress/article204115434.html.

Gallup, Inc. “Guns.” Gallup.com, news.gallup.com/poll/1645/guns.aspx.

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/.

“H.R.2634.” Congress.gov, www.congress.gov/bill/104th-congress/house-bill/2634/.

“H.R.38 - Concealed Carry Reciprocity Act of 2017.” Congress.gov,

www.congress.gov/bill/115th-congress/house-bill/38/actions.

Jacobson, Louis. “Counting up How Much the NRA Spends on Campaigns, Lobbying.”

PolitiFact, 11 Oct. 2017, www.politifact.com/truth-o-meter/article/2017/oct/11/counting-

up-how-much-nra-spends/.

Lopez, German. “I've Covered Gun Violence for Years. The Solutions Aren't a Big Mystery.”

Vox, Vox, 21 Feb. 2018, www.vox.com/policy-and-politics/2018/2/21/17028930/gun-

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.

“Reciprocity.” Tennessee Firearms Association, 4 Mar. 2015,

tennesseefirearms.com/resources/reciprocity/.

“Representative Cliff Stearns.” Congress.gov, www.congress.gov/member/cliff-

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,

21 Feb. 2018, www.democrats.senate.gov/newsroom/press-releases/schumer-statement-

on-gun-safety-proposals-and-legislation-.

“Second Amendment.” Congressman Richard Hudson : Second Amendment,

hudson.house.gov/second-amendment/.

Spitzer, Robert J. “Even in the Wild West, There Were Rules about Carrying Concealed

Weapons.” Los Angeles Times, Los Angeles Times, 19 June 2016,

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.

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