By Dave Workman
Editor-in-Chief
A lengthy Dec. 2 article in The Trace—the Michael Bloomberg-backed pro-gun control news organ—regarding concealed carry reciprocity acknowledges something which anti-gunners have misrepresented for several years: “When it comes to carrying a gun, the laws of the state you’re carrying in apply.”
Never has any reciprocity measure required a host state to allow a licensed visitor from another state carry under the laws of their home state. This scenario has been intimated in the past, and it is simply not the case.
As noted by The Trace report, “Say a permit holder from Louisiana is visiting Michigan, which prohibits carrying guns in bars, churches, schools, day cares, and sports arenas or stadiums. Even though Louisiana doesn’t have all the same place-based restrictions, the Louisiana visitor would still need to follow Michigan’s rules while carrying in Michigan.”
But then the report drifts into the realm of “misleading” by creating the argument that a host state’s stricter gun laws might be thwarted by more lax laws in another state. At issue is how the visiting licensed concealed carry citizen acquired his/her handgun, but it is a demonstrably irrelevant concern.
The Trace report states, “But when it comes to acquiring a gun, the laws of the gun owner’s home state generally apply. That’s where the ‘race to the bottom’ concern comes in: A person from a state without universal background check requirements, like Louisiana, could purchase a gun in a private sale without a background check and still legally carry that gun in a stricter state like Michigan, where the same purchase would have required a background check had it been done there.”
CPRC RELEASES ANNUAL CONCEALED CARRY REPORT
The scenario is deceptive for on very good reason. No state issues a carry permit/license to anyone who does not go through a background check. The check is part of the permitting process, so whether a legally-armed citizen bought a sidearm from a commercial gun store, or from his/her neighbor, they are still subject to a background check in order to qualify for the license which allows them to carry in another state where their license is honored.
The Trace article notes, “That’s why nearly all states that have permitless carry still provide a process to obtain a carry permit, and why many gun owners in permitless states still apply for them: to ensure they can legally carry when traveling or commuting to another state with reciprocity.”
Elsewhere, the article also states, “Permitless carry both simplifies and complicates reciprocity. In the 29 states that have passed permitless carry, both residents and nonresidents can carry a concealed firearm without a permit. That means that if you are visiting one of those states, you don’t need a permit to carry as long as you aren’t prohibited from possessing guns under that state’s or federal laws.”
Of course, criminals ignore carry laws, including licensing requirements, regardless which state they’re in, or travel to.
The Trace refers to H.R. 38, known as the Constitutional Concealed Carry Reciprocity Act. The article asserts, “If passed, it would bar states from fully enforcing their laws on gun carrying. The consequences would be sweeping.”
However, that does not appear to be what H.R. 38 says. This is what the bill does say, right up front:
“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 machine gun 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, or base.” (Emphasis added.)
