H.R 38 and concealed carry eligibility

[SIGFAN86]

HR 38 summed up for people who went to the zoolander school for kids who can't read good:

1.You must have a carry permit/LTCF from your HOME state in order to qualify for HR 38
2.you must follow the concealed carry laws of the state you are currently in. I.e magazine limits, ammunition restrictions, prohibited locations, etc.

[bobblackrifle]

HR 38 summed up for people who went to the zoolander school for kids who can't read good:

1.You must have a carry permit/LTCF from your HOME state in order to qualify for HR 38
2.you must follow the concealed carry laws of the state you are currently in. I.e magazine limits, ammunition restrictions, prohibited locations, etc.

The NRA sent out an email last night explaining in-depth that any permit from any state is good in all states. According to the NRA, HR 38 is designed specifically to help people in states like New Jersey, New York, California, etc. to be able to carry everywhere, even where their home state does not issue to the average subject.

[Hodgie]

The NRA sent out an email last night explaining in-depth that any permit from any state is good in all states. According to the NRA, HR 38 is designed specifically to help people in states like New Jersey, New York, California, etc. to be able to carry everywhere, even where their home state does not issue to the average subject.

Everything I have read put out by the GOA since the day the bill was moved forward earlier this week says the same. The amendments that were added to stop non res permits were supposedly rejected.

[TangoBravo605]

Assuming the Bill passes both House and Senate and comes out of conference intact and sent to Trump who signs it - and I sure as hell won't hold my breath - perhaps OP will volunteer to be the first test case.
TB605

[Big Kahuna 19547]

Amended bill : https://judiciary.house.gov/wp-conte.../HR-38-ANS.pdf

It says that you must have a license issued by a state, and that the license you possess is recognized by the state that you live in. Since we have a Superior Court decision that says that Pennsylvania residents must have a Pennsylvania LTCF, you would need a PA LTCF to be legal in our state. New Jersey, Maryland, California and the rest of the liberal states will still be permitted to deny their residents a permit or license to carry a firearm. What the liberal bastions of stupidity will not be allowed to do, is stop the residents of the other states from bringing guns into their liberal enclaves.
The theory is that if we, the unwashed, uneducated and rude Pennsylvanians can carry into New Jersey and they can't stop us, then at some point the residents of New Jersey may actually vote out the assholes and pass their own laws for concealed carry and really issue licenses to their residents. I do not believe it will ever be law and allowed to happen in California. They will always deny their residents access to LTCF regardless of visitors being allowed to. New Jersey will also be a tough sell.

[KEVINOWN.22]

Amended bill : https://judiciary.house.gov/wp-conte.../HR-38-ANS.pdf

It says that you must have a license issued by a state, and that the license you possess is recognized by the state that you live in. Since we have a Superior Court decision that says that Pennsylvania residents must have a Pennsylvania LTCF, you would need a PA LTCF to be legal in our state. New Jersey, Maryland, California and the rest of the liberal states will still be permitted to deny their residents a permit or license to carry a firearm. What the liberal bastions of stupidity will not be allowed to do, is stop the residents of the other states from bringing guns into their liberal enclaves.
The theory is that if we, the unwashed, uneducated and rude Pennsylvanians can carry into New Jersey and they can't stop us, then at some point the residents of New Jersey may actually vote out the assholes and pass their own laws for concealed carry and really issue licenses to their residents. I do not believe it will ever be law and allowed to happen in California. They will always deny their residents access to LTCF regardless of visitors being allowed to. New Jersey will also be a tough sell.

It does say you need a license issued by a state. But nothing is said about that state having to recognize that license, just that the state "(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. If I'm reading this right It's possible to do this with a LTCF OR another state's Concealed carry permit.
It ALSO states I can carry as long as I'm carrying a valid license or permit which is issued pursuant
1 to the law of a State and which permits the person to
2 carry a concealed firearm OR is entitled to carry a con-
3 cealed firearm in the State in which the person resides, Meaning once again, I have an option to get a LTCF or, carry under another states permit.

As for the Superior court ruling : (c)(1) A person who carries or possesses a concealed
23 handgun in accordance with subsections (a) and (b) may
24 not be arrested or otherwise detained for violation of ANY
25 law or ANY rule or regulation of a State or any political
1 subdivision thereof related to the possession, transpor-
2 tation, or carrying of firearms unless there is probable
3 cause to believe that the person is doing so in a manner
4 not provided for by this section.

[tl_3237]

Although I reserve further judgement pending the publication of HR38 as amended, the available record indicate to me that: in order to be eligible for HR38 protection, you must be able to carry in your home state. For us "civilians" this would imply that you are carrying on a license recognized by your home state or resident of a constitutional carry state. For a Pennsylvanian, you would not be able to invoke HR38 unless you can carry concealed in Pa; this would include the restrictions under existing PA case law and in particular the McKown decision restricting Pa resident licensure to LTCFs only.

Consider:

H.R. 38 maintains the right of each State to determine permitting requirements, but allows citizens who meet the qualifications for concealed carry in their home States to carry in any State they may be traveling in as long as they follow the local concealed carry laws.

Opening Comments: Chairman Goodlatte

Concealed Carry Reciprocity Act of 2017

This bill amends the federal criminal code to allow a qualified individual to carry a concealed handgun into or possess a concealed handgun in another state that allows individuals to carry concealed firearms.

A qualified individual must: (1) be eligible to possess, transport, or receive a firearm under federal law; (2) carry a valid photo identification document; and (3) carry a valid concealed carry permit issued by, or be eligible to carry a concealed firearm in, his or her state of residence.

Additionally, the bill specifies that a qualified individual who lawfully carries or possesses a concealed handgun in another state: (1) is not subject to the federal prohibition on possessing a firearm in a school zone, and (2) may carry or possess the concealed handgun in federally owned lands that are open to the public.

Bill Summary prepared by the Congressional Research Service (CRS)

[Qtrborecrazy]

If HB38 does come about, I’ll take it as a giant leap forward and fixes can come later. Let’s get our leg in the door, because the libs will fight this tooth and nail.

[Hodgie]

If HB38 does come about, I’ll take it as a giant leap forward and fixes came come later. Let’s get our leg in the door.

The hearing today was a giant confusing cluster fuck chock filled with ignorance and stupidity. If I had to make an educated guess right now based on the responses and actions I saw today by both sides of the isle, I would have to say it's going no where regardless if the bill is on it's own or with the fix nics garbage.

[Krichardson]

Local news did a quick and short piece on it today featuring elected D.A. Shapiro and Top Cop Richard Ross griping about it and some yokel from New Jersey who voiced his displeasure and had the nerve to say that Congress is now a subsidiary of tge NRA.