H.R. 822 is the National Right to Carry Reciprocity bill

[Guest RobThatsMe]

Hi,

I found this information from another gun owner site, and thought it was worth sharing here. I took the time to e-mail our TN Representatives and senators regarding this issue.

This is good info and a Great letter, that you can fine-tune to your own personal letter. I have taken his template and worded it to fit me personally... here is a easy way to send it to all your reps at once http://www.capwiz.com/nra/home/

Here is the posting I found on House of Representatives H.R 822

H.R. 822 is the National Right to Carry Reciprocity bill. It does not in any way create a Federal right to carry law (which many, including me, feel would not be a good idea).

Instead, this bill would require that all states honor any other state's CDW, just as they honor driver's licenses issued by other states. The bill has the backing of the NRA and most holders of a CDW permit who travel outside their home state.

My representative is a co-sponsor of the bill (along with 162 other representatives) however the bill is stuck in one of the Judiciary committee's subcommittees chaired by Wisconsin's Jim Sensenbrenner.

Until this bill is brought forward by Mr. Sensenbrenner, it will not be voted on in his subcommittee, nor debated and voted on by the full Judiciary committee, both of which have to happen before it gets an up or down vote by the full house (where it would likely pass.)

Mr Sennenbrenner will not accept emails from anyone outside of the 5th district of Wisconsin and states on his website that you must contact him through your own representative if you want to make him aware of anything important to you.

I have done as he requires and below is an email I sent to my representative here in Kentucky.

If you strip out the personal parts, you should be able to copy/paste some of the other points into an email to your own representative.

This bill is very important to all of us that carry concealed and travel. Ultimately, it could also have a very beneficial side benefit if passed because it would give citizens in states like New Jersey, Massachusetts (and others where it is almost impossible to obtain a permit) a way to protest that out of state permit holders have rights in their state that are denied to them.

In any event, please take the time to contact your representative and ask him or her to intercede in your behalf with Representative Sensenbrenner to get this bill scheduled for debate and a vote in subcommittee.

Here is what I wrote:

Hello Representative Davis.

I am writing to ask that you, as a co-sponsor of H.R. 822, request

Representative James Sensenbrenner move H.R. 822 forward in his

subcommittee.

I am a holder of a Kentucky Concealed Deadly Weapons license and I often

visit my daughter who lives in New York state, on Long Island.

In order to visit her and my grandchildren, my wife and I must travel

through New Jersey and New York but neither state

honors my Kentucky CDW license.

As a matter of fact, even if I transport a firearm unloaded and locked in

the trunk of my car, I still risk imprisonment in both of these states since

US code 926A requires that I be transporting a firearm "...for any lawful

purpose from any place where he may lawfully possess and carry such firearm

to any other place where he may lawfully possess and carry such firearm" and

the "lawfully possess and carry" requirement negates any right to transport

a firearm in or through either state since my ultimate destination (New

York) is not a place where I can lawfully possess and carry a firearm given

they will not honor my Kentucky license.

Also, obtaining a New York concealed carry permit is not an option given the

state of New York will not issue a CDW permit to me unless I own property or

a business in their state or have an extremely compelling reason for requesting such a permit beyond personal protection.

As far as these two states are concerned, I am therefore no different than a

common street thug, illegally possessing a firearm, and both will not

hesitate to arrest and imprison me when they learn that my ultimate

destination is New York.

I cannot understand how the Full Faith and Credit Clause of the U.S.

Constitution does not prima-facie require that all states honor a properly

issued concealed weapon permit obtained from another state, just as each

state honors driver's licenses properly issued by another state.

Apparently however, I would have to be arrested in order to have standing to

test this contention in Federal court and being imprisoned for several years

in order to have standing to contest my belief that my constitutional rights

are being violated is not my idea of a good time.

This leaves H.R. 822 as my best vehicle to remove this apparent abridgment

of a constitutional right.

Since Mr. Sensenbrenner requires that I write to him only through my

representative, I ask that you contact him on my behalf and request that he

schedule this bill for action so that it might be reported out of

subcommittee for consideration by the full Judiciary committee and

subsequently receive an up or down vote by the full House of

Representatives.

Thank you for any assistance you may be able to provide.

[Oh Shoot]

No way it could stand if passed and challenged.

States' rights and all.

Only way is for fed gummit to incorporate the carry part of 2A, in which case permits wouldn't be required period.

- OS

[Guest friesepferd]

not likely, but i sure hope so!

they do it with drivers licenses, why not carry permits.

[JAB]

No way it could stand if passed and challenged.

States' rights and all.

Only way is for fed gummit to incorporate the carry part of 2A, in which case permits wouldn't be required period.

- OS

Obama has said, before, that he would like to see Federal carry laws replace state carry laws which he feels aren't strong enough. He has also indicated that he would like to see a Federal ban on concealed carry. This legislation sounds like a good way for the Feds to get their foot in the door on an issue that, to this point, has been the domain of each, individual state, allowing for the possibility that the Fed could eventually achieve the aforementioned goals.

I say, "No, thanks." Keep the Federal government out of this issue even if it means no reciprocity in some states.

[Oh Shoot]

....I say, "No, thanks." Keep the Federal government out of this issue even if it means no reciprocity in some states.

Yeah, that's the best reason of all.

'Bout only federal carry involvement I'd want to see is for The Supremes to incorporate the carry part of 2A. Then again, maybe that could have the same risk, dunno.

- OS

Edited April 20, 2011 by OhShoot

[Guest RobThatsMe]

I agree about the Fed involvement. But I think the bill clearly states that the states are the ones in control of issuing HCPs.

Here is the take on this from the NRA

NRA-ILA :: Urge Your Representative To Cosponsor H.R. 822, The National Right to Carry Reciprocity Act Of 2011

[-boatman-]

Obama has said, before, that he would like to see Federal carry laws replace state carry laws which he feels aren't strong enough. He has also indicated that he would like to see a Federal ban on concealed carry. This legislation sounds like a good way for the Feds to get their foot in the door on an issue that, to this point, has been the domain of each, individual state, allowing for the possibility that the Fed could eventually achieve the aforementioned goals.

I say, "No, thanks." Keep the Federal government out of this issue even if it means no reciprocity in some states.

+1 While a national carry law would be great I think we could loose that and a lot more in the long run.

[strickj]

No way it could stand if passed and challenged.

States' rights and all.

Only way is for fed gummit to incorporate the carry part of 2A, in which case permits wouldn't be required period.

- OS

Article 4, Section 1, in a nutshell, guarantees that what's good in one state is good in other states. Section 2 guarantees that citizens of one state will be treated equally in other states.

Clearly states that do not recognize a permit from one state is breaking A4 S1 and S2.... of coarse, permits are unconstitutional too when broken down...

[Oh Shoot]

Article 4, Section 1, in a nutshell, guarantees that what's good in one state is good in other states. Section 2 guarantees that citizens of one state will be treated equally in other states.

Clearly states that do not recognize a permit from one state is breaking A4 S1 and S2.... of coarse, permits are unconstitutional too when broken down...

Yeah, selective unconstitutional lawmaking is business as usual on The Hill.

- OS

[JayC]

No way it could stand if passed and challenged.

States' rights and all.

Only way is for fed gummit to incorporate the carry part of 2A, in which case permits wouldn't be required period.

- OS

Nahh they just have to reword it... revoke all highway funding, or medicare funding if they fail to pass a state law that recognizes all carry permits.

Altough so far the LEO nation wide carry law hasn't been overturned yet... so who knows SCOTUS doesn't respect state rights all that much anymore.

[Worriedman]

It should be agreements between the States, the Federal Government has no business delving into this issue.

[Mike.357]

I am not sure to what advantage this law would be?

There are only a small handful of states that do not allow carry. My permit is recognized in every state that allows carry, and most states have signed a reciprocity agreement anyway.

Best for the Fed to step away from this issue and leave us alone. I am also not sure how many times the Fed gets involved in issues that affect me and I come out ahead when the dust settles.

[Oh Shoot]

.... My permit is recognized in every state that allows carry, ....

Well, to be fair, there are 3 "shall issue" states that don't recognize ours, and 8 "may issue" states that don't.

- OS

Edited April 23, 2011 by OhShoot

[Mike.357]

i guess I was wrong, I thought that those states just had not signed a reciprocity agreement.

Either way I see it as a states issue, the Fed ought to stay out.

[Oh Shoot]

i guess I was wrong, I thought that those states just had not signed a reciprocity agreement.

Only 19 states have actual reciprocity with TN.

Either way I see it as a states issue, the Fed ought to stay out.

Yep, totally agree. ANY country wide federal gun law sets just another dangerous precedent. The only new bill the feds should enact is to REPEAL existing gun laws.

- OS

[Mike.357]

I concur, repeal the NFA, fully's for everyone!

If the Fed gives us the thumbs up to carry I can't help but think it is an angle to eventually take it away.

[DaveTN]

they do it with drivers licenses, why not carry permits.

States are free to pick and choose what states they want reciprocity with.

And they do that with driver’s licenses also. Remember whenTennessee was passing out driver’s license to illegals? There were states that were not going to recognize Tennessee driver’s licenses for bond on a ticket or as a valid ID. That was part of the reason it was stopped.

The Feds don’t have power over the states when it comes to bearing arms. I don’t want to give them that power or even acknowledge that they can consider taking it.

As long as we recognize States Rights we will never have a Federal HCP, a Federal driver’s license or a federal vehicle code. There is just no way all 50 states will agree.

[Guest 6.8 AR]

You keep on throwing the garbage about the states have the sole right to restrict

firearm carry. ...the right of the "people to keep and bear arms shall not be infringed".

That is because it is a "natural" right for a person to be able to defend himself. This is

not a "states rights" argument issue, except that we the people are allowing it to be.

The Second Amendment expressly confirms this "right" for the people, and that is why

every gun law should be struck down, except the right of a felon to possess, and that

should be for a limited period. Incorporation of the complete Second Amendment is

what should happen. Maybe it is a pipe dream, but that is what intended. I am not at

all against states rights, but there are natural rights, in case you forgot, that shouldn't be

trampled on by some damned state or federal government.

[DaveTN]

I believe that I have a natural right to carry a gun; this state and most every other disagrees and will put me in jail for it. It is a crime for a citizen to carry a gun in Tennessee. Call that “garbage†if you wish; but it’s the law regardless of what you or I think.

If you want to quote the Constitution or use it as a basis for your argument then you must also acknowledge the system put in place to maintainand interpret it. THE SCOTUS has ruled.

The right to keep and bear arms has been a controversial issuemy entire life. I decided to reject what I felt was violations of the 2^ndamendment by civil disobedience and suggested that others do the same. I was young, dumb, and didn’t fully understand how the court systems worked at the higher levels. All it did was cause me to be arrested and cost thousands in attorney fees. I would not do it today nor would I suggest anyone else do it, and I would have not done it then had I been better educated. I would bet it will continue to be a life long issue for the longest members of this board.

But something can change. People can work to get their states to recognize the right to bear arms at a state level. Four states have it now;make Tennessee the fifth.