Explanation of HR 38 - Concealed Carry Reciprocity Act of 2017

HR 38 - Concealed Carry Reciprocity Act of 2017

This bill aims to amend title 18, United States Code, to allow nonresidents of a state to carry concealed firearms in that state if the residents of that state are permitted to do so. The bill also establishes a process by which these nonresidents can carry concealed firearms in the state, subject to certain requirements.

Short Title - Concealed Carry Reciprocity Act of 2017

Title I - Concealed Carry Reciprocity Act of 2017

Section 101 - Reciprocity for the Carrying of Certain Concealed Firearms

This section amends Chapter 44 of title 18, United States Code, by adding section 926D, which allows a person who is not prohibited by Federal law from possessing a firearm to carry a concealed handgun in any state as long as they have a valid identification document with a photograph, a valid license or permit to carry a concealed firearm issued by a state, and are carrying the handgun legally.

However, subsection (b) of this section clarifies that the section does not supersede or limit the laws of any state that permit private persons or entities to restrict the possession of concealed firearms on their property or prohibit or restrict the possession of firearms on government property. If a person carries a concealed handgun in accordance with this section and subsection (b), they cannot be arrested or detained unless they are believed to be doing so in a manner not provided for by this section.

Furthermore, when a person asserts this section as a defense in a criminal proceeding, the prosecution has the burden of proving that the person did not satisfy the conditions set forth in this section. If a person successfully asserts this section as a defense in a criminal proceeding, the court must award the defendant a reasonable attorney's fee.

Subsection (d) of this section allows a person who is deprived of any rights secured by this section, under the law of a state or political subdivision, to bring an action in court for damages or other appropriate relief. The court must also award attorney's fees to the prevailing plaintiff.

Finally, subsection (f) specifies where a person can carry a concealed handgun under this section, including units of the National Park System, National Wildlife Refuge System, public land under the Bureau of Land Management, land administered and managed by the Army Corps of Engineers, land administered and managed by the Bureau of Reclamation, and land administered and managed by the Forest Service.

Section 102 - Rule of Construction

This section clarifies that nothing in this title prohibits a law enforcement officer with reasonable suspicion of a violation of any law from conducting a brief investigative stop in accordance with the Constitution of the United States.

Section 103 - Certain Off-Duty Law Enforcement Officers and Retired Law Enforcement Officers Allowed to Carry a Concealed Firearm, and Discharge a Firearm, in a School Zone

This section amends section 922(q) of title 18, United States Code, to allow off-duty law enforcement officers who are qualified to carry concealed firearms and retired law enforcement officers who are authorized to carry concealed firearms to carry and discharge a firearm in a school zone.

Section 104 - Interstate Carrying of Firearms by Federal Judges

This section allows federal judges to carry concealed firearms in any state if they are not prohibited by Federal law from receiving a firearm.

Title II - Fix NICS Act

Section 201 - Short Title - Fix NICS Act of 2017

This section provides the short title for Title II of the bill - Fix NICS Act of 2017.

Section 202 - Accountability for Federal Departments and Agencies

This section amends section 103 of the Brady Handgun Violence Prevention Act to require each federal department or agency head to submit a semiannual certification to the Attorney General indicating whether the department or agency is in compliance with the record submission requirements of the National Instant Criminal Background Check System (NICS). It also requires the Attorney General to publish a report on the compliance status of each department or agency and imposes penalties on political appointees for noncompliance.

Section 203 - NICS Act Record Improvement Program

This section amends the NICS Improvement Amendments Act of 2007 to provide additional requirements and funding for the NICS Act Record Improvement Program, including the establishment of a Domestic Abuse and Violence Prevention Initiative and technical assistance for states.

Section 204 - National Criminal History Improvement Program

This section amends the Crime Identification Technology Act of 1998 and the Brady Handgun Violence Prevention Act to provide additional funding and requirements for the National Criminal History Improvement Program, including the establishment and achievement of compliance with an implementation plan.

Section 205 - Improving Information Sharing with the States

This section adds a new section, 107, to the NICS Improvement Amendments Act of 2007, which requires the Attorney General to establish an implementation plan for each state or Indian tribal government to ensure maximum coordination and automation of reporting or making available records to the NICS and the verification of their accuracy. The plan must include annual benchmarks, and the Attorney General must assess compliance and publish reports on noncompliance. The section also provides incentives for compliance and requires biennial assessments of the NICS system.

Section 206 - Attorney General Report on Use of Bump Stocks in Crime

This section requires the Attorney General to prepare and submit a report to Congress on the use of bump stocks in crime within 180 days of the enactment of this Act. The report must specify the number of instances in which a bump stock has been used in a crime, the types of firearms used with bump stocks, and the Attorney General's opinion on the applicability of certain provisions of the law to such instances.

Section 207 - Authorizations of Appropriations

This section authorizes appropriations of $100,000,000 for each fiscal year from 2018 to 2022 for the NICS Act Record Improvement Program and the National Criminal History Improvement Program. It also amends the Omnibus Crime Control and Safe Streets Act of 1968 to adjust the authorizations of appropriations for research, evaluation, or statistical purposes.

Rep. David Kustoff

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