On Wednesday, Nov. 16, the ongoing effort to fully vindicate the fundamental, individual right to carry a concealed handgun for self-defense took a major step forward with House passage of H.R. 822, the “National Right-to-Carry Reciprocity Act of 2011.” The bill, sponsored by Reps. Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.), which has 245 cosponsors, was approved by an overwhelming bipartisan vote of 272-154.
Several amendments were offered to undermine the bill’s protections. Every one of these amendments was soundly defeated by an overwhelming bipartisan vote, and included:
- Rep. Sheila Jackson Lee’s (D-Texas) amendment to establish a national database of permit holders (defeated 284-139);
- Rep. Jackson Lee’s amendment to require permit holders to notify law enforcement officials in other states of their intention to carry a firearm in those states (defeated 299-123);
- Rep. Steve Cohen’s (D-Tenn.) amendment to exclude permit holders under 21 years of age (defeated 276-150);
- Rep. Alcee Hastings’ (D-Fla.) amendment, intended to exclude permit holders whose states do not require permit applicants to apply in person (defeated 277-148);
- Rep. Carolyn McCarthy’s (D-N.Y.) amendment to apply the bill only to states in which the state legislature votes to accept it (defeated 274-147);
- Rep. Rob Woodall’s (R-Ga.) amendment to allow states to create their own agreements which would exempt them from the bill (defeated 283-140);
- Rep. Hank Johnson’s (D-Ga.) amendment to apply the bill only to permit holders who were required to participate in a live-fire exercise to be eligible for their permits (defeated 281-144); and,
- Rep. David Cicilline’s (D-R.I.) amendment to create a patchwork of recognition (and resistance) by applying the bill only between states where the attorneys general, state police chiefs, and secretaries of state have affirmed that their states’ carry laws are similar (defeated 277-146).
Rep. Lamar Smith (R-Texas), who as chairman of the House Judiciary Committee provided crucial support to H.R. 822’s progress over the last several months, opened debate on the bill by describing in plain terms what it does. “This legislation requires states that currently allow people to carry concealed firearms to recognize other states’ valid concealed carry permits, much like states recognize driver’s licenses issued by other states,” Rep. Smith said. Anticipating the claim that H.R. 822 would override state carry laws—a claim that would be made over and over by House members opposed to the bill—Smith added, “The bill recognizes the right of states to determine eligibility requirements for their own residents [and] laws and regulations regarding how, when, and where a concealed firearm can be carried that apply to a resident will apply equally to a nonresident.” Rep. Smith concluded his opening remarks by expressing the central motive behind the bill, saying that the “fundamental right to bear arms . . . should not be constrained by state boundary lines.”
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