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Proposed Federal Senate Legislation HB38

Legislation Overview

Title: Concealed Carry Reciprocity Act of 2017

Subject: Crime and law enforcement: Civil actions and liability: Firearms and explosives: Intergovernmental relations: Judicial procedure and administration: Land use and conservation: Legal fees and court costs: Parks, recreation areas, trails: State and local government operations: Wilderness and natural areas, wildlife refuges, wild rivers, habitats

Description: Concealed Carry Reciprocity Act of 2017 TITLE I--CONCEALED CARRY RECIPROCITY ACT OF 2017 (Sec. 101) 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 any state 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. (Sec. 102) This bill does not prohibit a law enforcement officer with reasonable suspicion of a violation of any law from conducting a brief investigative stop in accordance with the U.S. Constitution. (Sec. 103) It specifies that certain retired and off-duty law enforcement officers who are authorized to carry concealed firearms are not subject to the federal prohibitions on possessing or discharging a firearm in a school zone. (Sec. 104) It permits a federal judge to carry a concealed firearm in any state if the judge is not prohibited from receiving a firearm under federal law. TITLE II--FIX NICS ACT Fix NICS Act of 2017 (Sec. 202) This bill amends the Brady Handgun Violence Prevention Act to require each federal agency and department, including a federal court, to: certify whether it has provided to the National Instant Criminal Background Check System (NICS) disqualifying records of persons prohibited from receiving or possessing a firearm, and establish and substantially comply with an implementation plan to maximize record submissions and verify their accuracy. (Sec. 203) The bill amends the NICS Improvement Amendments Act of 2007 to modify the NICS Act Record Improvement Program (NARIP). Specifically, it: establishes a domestic abuse and violence prevention initiative as a priority area for NARIP grant funding, and creates a funding preference for states that establish an implementation plan and use grant funds to upload felony conviction and domestic violence records. (Sec. 204) It amends the Crime Identification Technology Act of 1998 to modify the National Criminal History Improvement Program (NCHIP). Specifically, it: specifies that facilitating full participation in the NICS, as an allowable use of NCHIP grant funds, includes increasing efforts to pre-validate felony conviction and domestic violence records to expedite eligibility determinations; and permits the federal share of a grant to exceed 90% of program costs if a state complies with its implementation plan. (Sec. 205) This section amends the NICS Improvement Amendments Act of 2007 to: direct the Department of Justice (DOJ), in coordination with each state or tribal government, to establish an implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the NICS; require DOJ to conduct, and publish the results of, compliance determinations for state and tribal governments; give preference to certain discretionary grant applicants that substantially comply with an implementation plan; and require the NICS to notify law enforcement agencies when a firearm is transferred to a person who is subsequently determined to be prohibited from receiving or possessing a firearm. (Sec. 206) DOJ's Bureau of Justice Assistance must report to Congress on the use of bump stocks in the commission of crimes, including the number of instances and the types of firearms. (Sec. 207) The bill authorizes appropriations for FY2018-FY2022 to carry out activities under this title.

Session: 115th Congress

Last Action: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Last Action Date: December 7, 2017

Link: https://www.congress.gov/bill/115th-congress/house-bill/38/all-info

Sponsors

Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.

214 sponsors: Richard Hudson (R); Jason Smith (R); Ralph Abraham (R); Henry Cuellar (D); Matt Gaetz (R); George Holding (R); Steve King (R); Doug LaMalfa (R); Gary Palmer (R); Ann Wagner (R); Adam Kinzinger (R); Thomas Rooney (R); Mark Walker (R); Robert Pittenger (R); Robert Aderholt (R); Earl Carter (R); Tom Graves (R); Mike D. Rogers (R); Jeb Hensarling (R); Doug Lamborn (R); Kevin Cramer (R); Paul Cook (R); Bruce Westerman (R); Steve Chabot (R); Jackie Walorski (R); Markwayne Mullin (R); Steven Palazzo (R); Trent Franks (R); Jody Hice (R); Mark Meadows (R); Brad Wenstrup (R); Roger Williams (R); Lamar Smith (R); Bill Huizenga (R); Mark Amodei (R); Duncan Hunter (R); Blake Farenthold (R); Evan Jenkins (R); Tom Emmer (R); David Roe (R); Scott Tipton (R); Bill Johnson (R); Scott DesJarlais (R); Vicky Hartzler (R); Jeff Duncan (R); Lee Zeldin (R); Ted Yoho (R); Mark Sanford (R); Dave Brat (R); Collin Peterson (D); Sean Duffy (R); Kevin Yoder (R); Vern Buchanan (R); Tom Cole (R); Dan Newhouse (R); Michael Turner (R); Mo Brooks (R); John Katko (R); John Ratcliffe (R); French Hill (R); Pete Olson (R); Gregg Harper (R); Ken Buck (R); Mario Diaz-Balart (R); Gus Bilirakis (R); Neal Dunn (R); Rob Bishop (R); Garland Barr (R); Robert Latta (R); David Rouzer (R); Mia Love (R); Paul Gosar (R); John Shimkus (R); Glenn Grothman (R); Larry Bucshon (R); Scott Taylor (R); Mike Kelly (R); Barbara Comstock (R); Andy Harris (R); Scott Perry (R); Stephen Knight (R); Jaime Herrera Beutler (R); Mike Bost (R); Bob Gibbs (R); Liz Cheney (R); John Culberson (R); Michael Simpson (R); James Comer (R); Louie Gohmert (R); David Valadao (R); Pete Sessions (R); Bill Posey (R); Thomas Garrett (R); Patrick McHenry (R); Trey Gowdy (R); Eric Crawford (R); Trent Kelly (R); Stevan Pearce (R); Diane Black (R); Dennis Ross (R); Rodney Davis (R); David Joyce (R); Susan Brooks (R); John Rutherford (R); Francis Rooney (R); Ted Budd (R); David Young (R); Kristi Noem (R); Michael Conaway (R); Joe Wilson (R); John Carter (R); John Duncan (R); Todd Rokita (R); Roger Marshall (R); Jim Banks (R); James Renacci (R); Randy Hultgren (R); Don Young (R); Michael Burgess (R); Glenn Thompson (R); Paul Mitchell (R); Mike Johnson (R); Mike Bishop (R); Tim Walberg (R); Chris Collins (R); Lou Barletta (R); Jeff Denham (R); Robert Wittman (R); Bradley Byrne (R); Rick Allen (R); Steve Stivers (R); Steve Womack (R); Martha McSally (R); Elise Stefanik (R); Andy Biggs (R); Bill Shuster (R); Ron DeSantis (R); Darin LaHood (R); Blaine Luetkemeyer (R); Mac Thornberry (R); Luke Messer (R); John Faso (R); Lloyd Smucker (R); David Kustoff (R); Claudia Tenney (R); Brett Guthrie (R); Kenny Marchant (R); Keith Rothfus (R); Sam Johnson (R); Tom Rice (R); Trey Hollingsworth (R); Jim Jordan (R); Brian Babin (R); Drew Ferguson (R); Kevin Brady (R); David McKinley (R); Clay Higgins (R); Alexander Mooney (R); Tom Marino (R); Thomas MacArthur (R); Charles Fleischmann (R); Austin Scott (R); John Moolenaar (R); Tom Reed (R); Adrian Smith (R); Tim Murphy (R); Michael McCaul (R); Bill Flores (R); Jack Bergman (R); Ted Poe (R); Sanford Bishop (D); Randy Weber (R); Chris Stewart (R); Frank Lucas (R); Jason Chaffetz (R); Jim Bridenstine (R); Edward Royce (R); Billy Long (R); Barry Loudermilk (R); Marsha Blackburn (R); Charles Dent (R); Rod Blum (R); Martha Roby (R); Devin Nunes (R); Joe Barton (R); Tom McClintock (R); Kay Granger (R); Raul Labrador (R); Mimi Walters (R); Jody Arrington (R); Bruce Poliquin (R); Ron Estes (R); Walter Jones (R); Jason Lewis (R); Sam Graves (R); Greg Walden (R); David Schweikert (R); Don Bacon (R); Doug Collins (R); Harold Rogers (R); Mike Coffman (R); Lynn Jenkins (R); Greg Gianforte (R); Ralph Norman (R); David Trott (R); Ken Calvert (R); Daniel Webster (R); Darrell Issa (R); Karen Handel (R); Bob Goodlatte (R); Warren Davidson (R); Mike Gallagher (R); Dana Rohrabacher (R); John Curtis (R)

History

Chamber	Date	Action
Senate	Dec 7 2017	Received in the Senate and Read twice and referred to the Committee on the Judiciary.
House	Dec 6 2017	Rule provides for consideration of H.R. 38 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
House	Dec 6 2017	DEBATE - The House proceeded with one hour of debate on H.R. 38.
House	Dec 6 2017	The previous question was ordered pursuant to the rule.
House	Dec 6 2017	Mr. Thompson (CA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H9701)
House	Dec 6 2017	DEBATE - The House proceeded with 10 minutes of debate on the Thompson (CA) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to prohibit an individual who has been convicted of a violent crime within the preceding three years from possessing or carrying a concealed handgun in a State that by law prohibits a person from doing so on the basis of a conviction for such offense. The amendment also outlines what is considered a violent crime, and a conviction.
House	Dec 6 2017	The previous question on the motion to recommit with instructions was ordered without objection.
House	Dec 6 2017	On motion to recommit with instructions Failed by the Yeas and Nays: 190 - 236 (Roll no. 662).
House	Dec 6 2017	On passage Passed by recorded vote: 231 - 198 (Roll no. 663). (text: CR H9685-9688)
House	Dec 6 2017	Motion to reconsider laid on the table Agreed to without objection.
House	Dec 6 2017	Rule H. Res. 645 passed House.
House	Dec 6 2017	Considered under the provisions of rule H. Res. 645. (consideration: CR H9685-9703)
House	Dec 5 2017	Rules Committee Resolution H. Res. 645 Reported to House. Rule provides for consideration of H.R. 38 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
House	Dec 4 2017	Reported (Amended) by the Committee on Judiciary. H. Rept. 115-433.
House	Dec 4 2017	Placed on the Union Calendar, Calendar No. 320.
House	Nov 29 2017	Committee Consideration and Mark-up Session Held.
House	Nov 29 2017	Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 11.
House	Jan 12 2017	Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
House	Jan 3 2017	Referred to the House Committee on the Judiciary.
House	Jan 3 2017	Introduced in House

Texts

Type	Date	Federal Link	Text
Introduced	Jan 10 2017	federal bill text	bill text
Introduced	Dec 5 2017	federal bill text	bill text
Engrossed	Dec 8 2017	federal bill text	bill text

Amendments

Title	Description	Date	State Link	Text	Adopted
There are no amendments to this bill at this time

Committee

Chamber: S

Committee Name: Judiciary

Votes

On Passage

On Motion to Recommit with Instructions