Concealed carry reciprocity: Prospects dim for top gun priority in 2018

[vinnyg101]

Concealed carry reciprocity: Prospects dim for top gun priority in 2018 | McClatchy Washington Bureau


mcclatchydc.com/news/politics-government/congress/article189850879.html

Gun rights activists spent record amounts last year to elect Republicans — but aren’t likely to get their biggest wish, nationwide concealed carry legislation, approved before the 2018 elections.

Activists are blaming the Republicans they help put in power — as well as Democrats — for the lack of action on the gun lobby’s number one legislative priority.

“The gun rights community does not appreciate the fact that reciprocity languished for so long, and then following two tragic shootings, it seems the first initial response from some in the GOP was, ‘We need additional gun control,’ aka the NICS fix,” said Erich Pratt, executive director of the gun rights group Gun Owners of America.

That measure – aimed at fixing the National Instant Criminal Background Check System – gets support from members of both parties, and comes as the broken system failed to stop the shooter from purchasing the gun used in the Texas church massacre last month.

The House passed the background fix, tied to concealed carry reciprocity, which gun rights advocates have been pushing for years, and finally became a possibility when Republicans won control of the White House, House and Senate last year.

The Senate wants to take up the fix separately from concealed carry, causing some in the gun rights community to say GOP leaders are prioritizing a gun control measure over gun rights. Others fear they’re giving away a potential incentive they could use to get Democrats on board for concealed carry measure next year.

Gun Owners of America fought hard against the inclusion of the fix in the House bill, saying it attempts to strengthen a flawed background check program it wants ended altogether. The group asked members to vote down the whole package, with concealed carry, because the fix was part of the House legislation.

The National Rifle Association endorsed the fix, saying it would actually help law-abiding people get through background checks more easily and with fewer false-positives.

The NRA spent more than $50 million on 2016 campaigns. The vast majority of the money went to Republicans, according to the nonpartisan Center for Responsive Politics.

The NRA was unusually active in the presidential race, more than quadrupling the amount it spent in 2012. The NRA spent $30.3 million to help elect President Donald Trump.

Since Trump took office, the NRA can count a handful of policy victories through executive orders, including the rollback of several Obama-era gun measures.

Spokeswoman Jennifer Baker told the Star-Telegram Wednesday that concealed carry remains the group’s top legislative priority. That measure would allow people with gun licenses to carry concealed weapons across state lines.

Sen. John Cornyn, R-Texas, who has championed concealed carry, says he hopes to move the background check fix and the concealed carry measures separately. He said looping the two together, as the House did recently, could risk delaying the background check fix.

“I support both of the bills, but I recognize that when you put them together, it makes it harder for us to do what we can do and can do now, and need to do now, which is pass (the background check bill),” Cornyn said.

The House approved both the fix and the concealed carry measure last month. The Gun Owners, annoyed that the bills were packaged together, urged members to vote down the whole package, with concealed carry, over the background fix’s inclusion.

In a letter to House Speaker Paul Ryan, R-Wis., a gun rights group ally, Rep. Ted Budd, R-N.C., said advocates should “oppose any attempt to bring FIX NICS to the floor of the House for a vote unless it includes language substantially similar or identical to” the House’s concealed carry language.

The problem for the gun rights groups is the Senate.

Republicans control 52 of the 100 seats, a number that will drop to 51 next year when newly-elected Democrat Doug Jones of Alabama is sworn in.

Sixty votes are needed to cut off debate, meaning Democrats have the power to stop a concealed carry reciprocity bill in the Senate.

Some gun rights proponents say attaching the NICS fix to concealed carry gives its best chance of garnering the Democratic support it needs.

But even with the fix attached, a number of Senate Democrats who supported concealed carry in 2013 say they wouldn’t vote for it again. They’ve seen mass shootings across the country since then, and want a more thoughtful approach.

John Feinblatt, president of the gun control group Everytown for Gun Safety, called concealed carry reciprocity “the gun lobby's most dangerous idea,” adding that stopping its passage was the group’s “top priority.”

The NRA declined to comment on the whether concealed carry should be attacked to the background check fix in the Senate.

The NRA wants a vote on concealed carry reciprocity during this Congress.

If it fails, Baker said, it could become a campaign issue in 2018.

“There are a number of Democrats who are up for reelection from pro-Second Amendment states who would be hard-pressed to defy the wishes of their constituents in an election year,” said Baker, who pointed to Sens. Joe Manchin, D- W.Va., and Jon Tester, D-Mont, as examples

[c45man]

It is unlikely that our side would get the 60 senate votes needed to have this bill come to fruition.

As a collective number of firearm owners in this country, we do not seem to strike the fear of political retribution for congress members that we once instilled.

[Williamsmith]

I don’t look for any action on reciprocity for quite some time. If it does become law, I would expect quite strict requirements to be attached to a “federal permit”. It also aggravates the states rights issue that would cause legal battles delaying the implementation significantly. Republicans supporting it might be asked what their notion of Federalism is? The 2nd amendment foundation is a weak arguement, as is the commerce clause. The faith and credit clause is the only viable arguement federally, Is it possible? Yes. Is it wise? Not sure what we have now is any worse than what would evolve federally.

[sbmania]

It seems like Cornyn has it backwards. What we need to do now is pass reciprocity. No pro-2nd person is a big fan of the background bill change, which just seems more likely to inhibit legal purchasers rather than help them. I won't forgive Republicans for this one. I vote strictly libertarian now. If we turn into Australia, tough! We get what we deserve! No more lies from Republicans in order to get our vote, followed by excuses and stalling when its time to deliver.

[Sgt.K]

I don’t look for any action on reciprocity for quite some time. If it does become law, I would expect quite strict requirements to be attached to a “federal permit”. It also aggravates the states rights issue that would cause legal battles delaying the implementation significantly. Republicans supporting it might be asked what their notion of Federalism is? The 2nd amendment foundation is a weak arguement, as is the commerce clause. The faith and credit clause is the only viable arguement federally, Is it possible? Yes. Is it wise? Not sure what we have now is any worse than what would evolve federally.

Point of note:

National Reciprocity =/= federal permit.

National Reciprocity = all-state recognition of my state permit.

Which I shouldn't need under 2A but... baby steps...

[PocketProtector]

Never had a chance to begin with

[R L Suehr]

Point of note:

National Reciprocity =/= federal permit.

National Reciprocity = all-state recognition of my state permit.

Which I shouldn't need under 2A but... baby steps...

^^^this^^^

The bill was written so it couldn't be used that way. If they wanted something along the lines of a national CCW, they would have to start with another bill.

Never had a chance to begin with

Unfortunately also ^^^this^^^

[Williamsmith]

I understand your point re: “national permit” .

I don’t see he 2nd amendment arguement to be useful as it pertains to concealed carry. Based on the Heller decision and comments by the Supreme Court.

[R L Suehr]

I understand your point re: “national permit” .

I don’t see he 2nd amendment arguement to be useful as it pertains to concealed carry. Based on the Heller decision and comments by the Supreme Court.

Read the McDonald decision then. It pertains more.
McDonald stated the 2nd as Incorporated under the 14th protects the right of the individual to "keep and bear" arms for self defense could not be limited by local government. The bear part hasn't been pushed to the limit as every state currently has a CCW system, even if it is extremely limited (ie NJ).

[Williamsmith]

Read the McDonald decision then. It pertains more.
McDonald stated the 2nd as Incorporated under the 14th protects the right of the individual to "keep and bear" arms for self defense could not be limited by local government. The bear part hasn't been pushed to the limit as every state currently has a CCW system, even if it is extremely limited (ie NJ).

How does that compare to Heller which states in part...

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues

Read more at: http://www.nationalreview.com/articl...m-states-solve