H.r. 822

[njsportsman]

Sorry if this is a repeat but, I search for H.R. 822 in the search and got nothing. Can't imagine nothing on this subject but here it goes. So basically what does H.R.822 do for a guy like me? I live in New Jersey and have a Florida CCW will this law allow me to carry in NJ? I don't have much faith in our Senate to pass it but curious just the same. Thanks

[CharonPDX]

Yes, there are multiple threads about it already.

In short, according to my (not-a-lawyer) reading of the bill, as passed by the House (it still needs to go through the Senate, then conference committee - and it could change by then,) the summary is as follows:

Every state that issues concealed carry permits must honor every other state's concealed carry permit as if it was their own. Whatever is legal in a given state to its own concealed permit holders is legal to holders of concealed permits from other states. The one exception is in your own state of residence. Sorry.

So, in short, it would all of a sudden become easy for non-Hawaiians to carry concealed in Hawaii. But Hawaiians would still have a near-impossible time (same with NYC, San Francisco, etc.)

It does not change the ability of a state to regulate its own residents - only that it must treat concealed-licensed residents of OTHER states the same as it treats its own concealed-licensed residents. The fact that residents of other states can get a concealed-carry license much more easily than its own residents doesn't come in to play.

One potential side-effect: Some states that are technically "may issue" but logistically "non-issue" (such as Hawaii,) could very well decide to stop issuing concealed carry permits altogether, a la Illinois. Then NOBODY could carry concealed there (again, a la Illinois.) Although since those states are already effectively "non-concealed carry" already, it wouldn't be much of a change.

[longslide10]

You must not have searched too hard. There are hundreds of links but this one should tell ya

Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress)

[Caribou]

Actually I believe tat the only State you would not be allowed to carry in would be IL. Still, it has not passed the Senate so write your Senators.

[CharonPDX]

njsportsman specifically asks about his legality to carry in NJ, *NOT* having an NJ license, but having an out-of-state license. Under HR 822 (again, by my not-a-lawyer reading,) he still would not be allowed to carry in NJ. He would be allowed to carry in every state other than IL (which bans concealed carry for ANYONE) or NJ (his home state - which HR 822 says states may still ban their own residents from carrying without their OWN state's permit.)

[BC1]

The language of 822 may cause states that have restrictive laws to stop concealed carry altogether. I could see states such as MD, MA, NY, IL, etc. removing all carry rather than open up to everyone. The will of these states cannot be dictated by federal legislation.

[FN1910]

The only state that I possibly see removing their CCW permits would be HI as from what I understand has only issued about 10 since they were made available. However I do think that some state may change the restrictions on places to carry along with other restrictions making it very difficult to carry either CC or OC without breaking some law.

[longslide10]

njsportsman specifically asks about his legality to carry in NJ, *NOT* having an NJ license, but having an out-of-state license. Under HR 822 (again, by my not-a-lawyer reading,) he still would not be allowed to carry in NJ. He would be allowed to carry in every state other than IL (which bans concealed carry for ANYONE) or NJ (his home state - which HR 822 says states may still ban their own residents from carrying without their OWN state's permit.)

I would have to agree

[ricardo900]

If any state attempting to ban conceal carry amongst their residents, must present a bill to their state legislature and vote on it. Even in states like NY, NJ, CA & MD there are suburban/rural areas that are saturated with VOTING gun owners. It won't be that easy. Now, NYC is a beast of it's own because they "generally" issue Business Carry & Guard Carry. They "technically" don't issue concealed carry permits, so I won't be surprised if NYC will challenge it in federal court.

Long time ago, NYC used to issue "Target" permits, but were pissed when they found out permit holders were "carrying" their firearms to the gun range, so they changed it to a "premise only" permit, allowing a police granted (not law/statute granted) special circumstance transportation of a firearm to an "authorized" nyc gun range, in a locked case, ammo seperate.

IMO, I don't see myself packing in time square anytime soon or ever

[Wyldekard]

The GOA isn't overly thrilled with H.R. 822. They would rather see H.R. 2900 become law. This is what they have to say about it:

The conceal carry reciprocity bill that passed the House is
well-intentioned but flawed legislation. As written, the bill:

* Forces Vermont residents (who do not need a permit to carry) to either
obtain an out-of-state permit or to push their state to pass a more
restrictive concealed carry law than it now enjoys;

* Requires permits for reciprocity, thus undermining efforts at the state
level to pass constitutional carry (i.e., Vermont-style carry);

* Is yet another example of Congress distorting of the Constitution's
Commerce Clause, and;

* Allows for non-residents to carry firearms in restrictive "may issue"
states, while most residents of such states would be prohibited.

Furthermore, during floor consideration of the bill, a troubling amendment
was added to instruct the Government Accounting Office to:

"Conduct a study of the ability of State and local law enforcement
authorities to verify the validity of licenses or permits, issued by other
States, to carry a concealed firearm."

Nowhere in the Constitution is there even a hint of authority for the
federal government to "study" the exercising of a right. Even worse, you
can be sure that anti-gunners will use any excuse, including this study,
to push for some type of national carry license.

Congressman Paul Broun's legislation (H.R. 2900) contains none of these
flaws and is the bill that should have come to the floor. Please show
your support for this legislation by becoming a cosponsor of H.R. 2900.