CCW National Reciprocity Bill on the Move in the House (Read 45122 times)

London808

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #60 on: December 02, 2017, 07:06:11 PM »
And I’m. It trying to be a dick, just wanting to point out that this isn’t some magic bullet to Hawaii’s CCW laws
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

RSN172

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #61 on: December 02, 2017, 08:12:33 PM »
The courts interpet the law, they don't make the law.  So if the law changes, like HR38 becomes law, it will be interesting to see what happens.  I fully agree with you that Hawaii will do everything to tie this thing up in courts for years, using OUR tax dollars.
Happily living in Puna

zippz

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #62 on: December 02, 2017, 11:11:42 PM »
Courts could possibly strike down a national ccw reciprocity law.  States rights thing and the law is weakly based on the interstate commerce law.

punaperson

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #63 on: December 03, 2017, 09:55:22 AM »
Congressman Thomas Massie

Yesterday at 10:13am ·

https://m.facebook.com/story.php?story_fbid=1843059172384905&id=452480994776070&hc_location=ufi

ALERT: Feinstein/Schumer sponsored gun legislation that amends the “Brady bill” will be added to Concealed Carry Reciprocity bill (HR 38) in the House this week.

As Chairman of the Second Amendment Caucus, I’m blowing the whistle on the swamp. Last week, Republicans in the House fast tracked through committee HR 4477, a gun bill titled “fix-NICS.” The Senate version of this bill is cosponsored by Senator Dianne Feintstein and Senator Chuck Schumer and it will send $625 million over 5 years to states to expand the national background check database. The bill will also advance former President Obama’s agenda of pressuring every branch of the administration (such as the Veteran’s Administration) to submit thousands of more names to the NICS background check database to deny gun purchases. The House bill is identical in every way to the Senate bill except the House bill will also commission a study on bump-stocks.

What you don’t know, and what virtually no one in Washington wants you to know, is that House leadership plans to merge the fix-NICS bill with popular Concealed Carry Reciprocity legislation, HR 38, and pass both of them with a single vote. Folks, this is how the swamp works. House leadership expects constituents to call their representatives demanding a vote on the reciprocity bill, when in fact the only vote will be on the two combined bills.

How fast did Fix-NICS, HR 4477, move through the Judiciary Committee? This bill broke the previous records for fast track legislation. It was voted out of committee within hours of being introduced in the House. Check the dates on this link: https://www.congress.gov/…/115th-congr…/house-bill/4477/text . That means the text of the bill wasn’t even discoverable by the public on congress.gov until after the bill passed out of committee! The text was however available over in the Senate where you will find Senator Diane Feinstein and Senator Chuck Schumer are cosponsors. https://www.congress.gov/…/115t…/senate-bill/2135/cosponsors

If that’s not odd enough, consider this: the fix-NICS bill was introduced in the House by a Democrat two weeks ago. https://www.congress.gov/…/115th-congr…/house-bill/4434/text . But, in a very unusual move, the bill was re-introduced verbatim by a Republican two weeks later, with language added to it to commission a bump-stock study. Six Republicans in Judiciary Committee weren’t persuaded by the switcheroo, and voted No. However, because every Democrat voted yes and some Republicans voted yes at the urging of the Chairman, the bill made it out of committee. The deed will be complete this week when the bill is quietly added to the Reciprocity bill, HR 38, and passed without the knowledge of those who would oppose the legislation if they knew what was in it.

To recap, what are some clues that you should be concerned with the fix-NICS bill?

(1) The first sentence after the title of the bill reads “Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended…”
(2) Senators Dianne Feinstein and Chuck Schumer are cosponsors in the Senate.
(3) It’s being rammed through, without a hearing, in a very nontransparent process, and it will be passed by attaching it to the popular concealed carry reciprocity bill which already has enough votes to pass on its own.
(4) It spends over half a billion dollars to collect more names to include in a list of people who will never be allowed to own a firearm.
(5) It compels administrative agencies, not just courts, to adjudicate your second amendment rights.

In my opinion, #5 is the biggest problem. The bill encourages administrative agencies, not the courts, to submit more names to a national database that will determine whether you can or can’t obtain a firearm. When President Obama couldn’t get Congress to pass gun control, he implemented a strategy of compelling, through administrative rules, the Veterans Administration and the Social Security Administration to submit lists of veterans and seniors, many of whom never had a day in court, to be included in the NICS database of people prohibited from owning a firearm. Only a state court, a federal (article III) court, or a military court, should ever be able to suspend your rights for any significant period of time.

Does the NICS background check system have problems? Yes, it results in tens of thousands of unjustified denials of gun purchases every year. But like many bills in Congress, the fix-NICS doesn’t live up to its name – it will likely do the opposite. It throws millions of dollars at a faulty program and it will result in more law-abiding citizens being deprived of their right to keep and bear arms.

If we continue to give the executive branch more money and encouragement to add names to the list of people prohibited from buying a firearm (without a day in court) and if the gun banners achieve their goal of universal background checks, one day, a single person elected to the office of President will be able to achieve universal gun prohibition.

House leadership should immediately de-couple the fix-NICS legislation from the concealed carry reciprocity legislation. People hate it when Washington combines bills like our leadership plans to do this week.

A few have speculated that the House is combining the bills to ensure reciprocity will pass in the Senate. I have some news for them: Senators Feinstein and Schumer aren’t going to vote for reciprocity even if it contains the fix-NICS legislation they support for expanding the background check database. If someone is naïve enough to think that’s going to work, and they’re willing to accept fix-NICS to get reciprocity, then they should ask the Senate to go first with the combined bill.

Here’s a dangerous scenario that’s more likely to play out: The House uses the popularity of reciprocity (HR 38) to sneak fix-NICS through, while the Senate passes fix-NICS only. The Senate and the House meet at conference with their respective bills, with the result being fix-NICS emerges from conference without reciprocity. Fix-NICS comes back to the House and passes because all of the Democrats will vote for it (as they just did in Judiciary Committee) and many Republicans will vote for it. Because Republicans already voted for it once as part of the reciprocity deal that never came to pass, they won’t have a solid footing for opposing fix-NICS as a standalone bill. Then we’ll end up with fix-NICS, which is basically an expansion of the Brady Bill, without reciprocity.

If our House leadership insists on bringing the flawed fix-NICS bill to the floor, they shouldn’t play games. We should vote separately on HR 38, the Concealed Carry Reciprocity Bill, and HR 4477, the fix-NICS bill. And we should be given enough time to amend the fix-NICS bill, because it needs to be fixed, if not axed.

2ahavvaii

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #64 on: December 03, 2017, 06:41:42 PM »
Honestly it's not unexpected to me.  They started both bulls up at the same time.  Combining the two is basically done to make it stronger and ward off democrat opposition.  Because if they vote against the bill, they can be accused of voting against law abiding citizens protecting themselves and voting against better federal level checks.

I prefer if the bills were kept separate, but like I said, not unexprcted.  It was a political move

changemyoil66

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #65 on: December 03, 2017, 10:59:27 PM »
At least the brady bill wont effect us. We already register, have mental health checks, and rapback.

Sent from my SM-G920V using Tapatalk

Heavies

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #66 on: December 04, 2017, 04:48:10 AM »
Tacking on that add-on will kill this legislation.  No free States will want to support.  And all us citizens in these anti gun States will continue to be deprived of our civil rights. >:(

2ahavvaii

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #67 on: December 04, 2017, 12:58:08 PM »
https://www.nraila.org/articles/20171201/us-house-of-representatives-to-vote-on-hr-38-the-concealed-carry-reciprocity-act-next-week

Good article from the NRA regarding the current status of the bill and its objectives.  Nice to see that they clearly recognize and take aim at states like Hawaii that deny people their rights.

"The remaining eight states, however, treat the right to carry for self-defense as a privilege reserved for the elite, the connected, or those who can “prove” extraordinary circumstances to the licensing officials."

Hanabata

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #68 on: December 05, 2017, 11:27:43 AM »
Looks like these are the amendments offered.  Most were defeated.  Here's the short version:  :shaka:
I highlighted in blue the only two items that passed.

If you'd like to read it in full, it's available at: https://www.congress.gov/congressional-report/115th-congress/house-report/433


 1. An amendment offered by Mr. Nadler to prohibit
individuals convicted of any violent crime, including
misdemeanors, from carrying a concealed firearm was defeated by
a roll call vote of 12 to 15.

2. An amendment offered by Mr. Deutch to allow a state to
prohibit the carrying of a concealed firearm on private
property was defeated by a roll call vote of 10 to 14.

3. An amendment offered by Ms. Jackson Lee to prohibit
individuals convicted of domestic violence or stalking from
being covered by the bill was defeated by a roll call vote of 8
to 16.

4. An amendment offered by Ms. Lofgren to require that
permit holders acquire concealed carry permits in their home
state was defeated by a roll call vote of 8 to 17.

5. An amendment offered by Mr. Cohen to prohibit those
under the age of 21 from carrying a concealed firearm was
defeated by a roll call vote of 8 to 17.

6. An amendment offered by Mr. Issa to permit a federal
judge to carry a concealed firearm passed by a roll call vote
of 18 to 6.


7. An amendment offered by Mr. Cicilline to limit the
number of rounds of ammunition in the firearm being carried
pursuant to this bill was defeated by a roll call vote of 7 to
17.

8. An amendment offered by Mr. King to clarify that Members
of Congress were included among those permitted to carry a
concealed firearm pursuant to this bill was defeated by a roll
call vote of 10 to 11.

9. An amendment offered by Mr. Swalwell to allow states to
limit the eligibility of persons to carry a concealed firearm
in their states was defeated by a roll call vote of 7 to 12.

10. An amendment offered by Mr. Swalwell to prohibit a
person from carrying a concealed firearm who has been convicted
of a misdemeanor offense of assaulting or impersonating a
police officer failed by a roll call vote of 8 to 15.

11. An amendment offered by Mr. Deutch to prohibit a person
from carrying a concealed firearm who has been convicted of
animal cruelty during the previous five years failed by a roll
call vote of 8 to 12.

12. An amendment offered by Mr. Raskin to require states to
establish a permit hotline in order for their permit holders to
be able to carry across state lines failed by a roll call vote
of 8 to 17.

13. An amendment offered by Ms. Jackson Lee to prohibit a
person from carrying a concealed firearm who has been convicted
of a hate crime failed by a roll call vote of 8 to 19.

14. An amendment offered by Mr. Schneider to prohibit a
person from carrying a concealed firearm who has been convicted
of a second misdemeanor offense of driving under the influence
within the previous five years failed by a roll call vote of 9
to 18.

15. An amendment offered by Mr. Swalwell to require states
to implement private sale background checks before their
permits would be recognized failed by a roll call vote of 10 to
18.

16. Motion to report H.R. 38 favorably to the House.
Approved 19 to 11.

bass monkey

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #69 on: December 05, 2017, 11:32:48 AM »
 So did the bills get merged?

Hanabata

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #70 on: December 05, 2017, 11:35:49 AM »
So did the bills get merged?

Not sure.. I'm reading through everything again tho.
« Last Edit: December 06, 2017, 09:44:44 AM by Hanabata »

Flapp_Jackson

Re: CCW National Reciprocity Bill on the Move in the Senate
« Reply #71 on: December 05, 2017, 11:48:29 AM »
One thing the law makers need to make a point of:  There are already states which honor concealed carry permits/rights from ALL other states, and there is no "wild west" stuff going on in those states.

The fact that states have reciprocity with other states TODAY tells us many states are already doing what this bill provides.  Let's look at those states, and see how many out-of-state CCW permit holders committed crimes in states they visited.

But that would be using facts, not an agenda.
« Last Edit: December 06, 2017, 06:01:36 PM by Flapp_Jackson »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #72 on: December 05, 2017, 12:43:40 PM »
HR 38 was debated in the House Rules Committee today.  The session was almost 2 hours long.

One takeaway is that the Democrats are more pissed about the merger of bills than the reciprocity bill's supporters.  The Dems believe the "Fix NICS" bill has the bipartisan support to pass, whereas the Reciprocity bill does not.  They see the merger as a "trick" to force Dems to vote for Reciprocity.

Perspective.

The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

2ahavvaii

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #73 on: December 05, 2017, 12:52:52 PM »
^

In actuality, that's what it is.  Saying no to the fix NICS bill is suicide for a politician, because their opponent can point at every illegal shooting after as their fault.  That bill likely would have passed on its own.  The republicans combined the bills to draw more democrats on board.  I'm thinking this was their strategy all along.... and if they still don't have the support, they'll probably play their bump stock ban trump card, and lump it in there as well.

changemyoil66

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #74 on: December 05, 2017, 12:55:40 PM »
Or you can look at it as instead of sneaking reciprocity into NICS, how about NICS sneaking into reciprocity?  I think this is the "politics" that must play to pass a CCW bill. 

I'm fine if they add only bump stock to the bill also.  I'm just going to buy more pants with belt loops. =P

I watched part of the video and all the anti 2a arguments make me want to bash my head into the computer.
« Last Edit: December 05, 2017, 01:01:01 PM by changemyoil66 »

Flapp_Jackson

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #75 on: December 05, 2017, 01:13:06 PM »
In the video, it was announced that the DOJ has just today directed the ATF to revisit their bump stock rules and approvals without restrictions under NFA.

So, whether it's included in these bills, a merged bill, or any other bill, the process that more appropriately should address bump stocks is already in motion.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

ren

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #76 on: December 05, 2017, 01:39:41 PM »
The "Wild West" is already here and it started with criminals taking advantage of helpless people
http://www.hawaiinewsnow.com/clip/13956869/thieves-steal-hikers-things-then-damage-their-car-so-they-cant-follow
Deeds Not Words

2ahavvaii

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #77 on: December 06, 2017, 05:52:47 AM »
Or you can look at it as instead of sneaking reciprocity into NICS, how about NICS sneaking into reciprocity?  I think this is the "politics" that must play to pass a CCW bill. 

I'm fine if they add only bump stock to the bill also.  I'm just going to buy more pants with belt loops. =P

I watched part of the video and all the anti 2a arguments make me want to bash my head into the computer.

hmmmm, in thinking about it, I think it makes more sense to run it through together.  That way congress can't pass NICS expansion alone, then reject CCW.  Gun friendly states may want both CCW reciprocity & no NICS, but that's going for the grand slam, and failure means a strikeout.  Better to shoot for the double and run the two bills together and put the ball in the democrat's court, so to speak, on making their 2 easy decisions 1 tough one.

2ahavvaii

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #78 on: December 06, 2017, 06:26:56 AM »
https://www.congress.gov/congressional-report/115th-congress/house-report/433

Current reciprocity wording as being voted on by the House today.  I believe we're still good in that even if HPD refuses to issue permits, we can still get out of state.  Because hawaii and the 7 other commie states are "may issue" states, #1 and #2 below don't come into play.

``Sec. 926D. Reciprocity for the carrying of certain concealed firearms

  ``(a) Notwithstanding any provision of the law of any State or
political subdivision thereof (except as provided in subsection (b))
and subject only to the requirements of this section, a person who is
not prohibited by Federal law from possessing, transporting, shipping,
or receiving a firearm, who is carrying a valid identification document
containing a photograph of the person, and who is carrying a valid
license or permit which is issued pursuant to the law of a State and
which permits the person to carry a concealed firearm or is entitled to
carry a concealed firearm in the State in which the person resides,
may
possess or carry a concealed handgun (other than a machinegun or
destructive device) that has been shipped or transported in interstate
or foreign commerce, in any State that--
          ``(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.

punaperson

Re: CCW National Reciprocity Bill on the Move in the House
« Reply #79 on: December 06, 2017, 07:45:37 AM »
GOA will not advocate for a bill enforcing gun control
 
Yesterday, the House Rules Committee voted to combine the reciprocity and anti-gun "Fix NICS" bills (H.R. 38 and H.R. 4477).
The combined bill now goes to the House floor, with votes scheduled for today.

Because of the united push from gun control groups, the NRA and many House Republicans, the "Fix NICS" portion has an OVERWHELMING majority in the House.
Not only that, a stand-alone "Fix NICS" bill has an OVERWHELMING majority in the Senate. This is further evidenced by the fact that Republican Senate leaders Mitch McConnell and John Cornyn -- along with Democrat leaders Chuck Schumer and Chris Murphy -- are all cosponsors and strongly supporting Fix NICS (S. 2135).

So the result of passing the NICS bill apart from reciprocity would be for gun control to be fast-tracked to President Trump's desk, while reciprocity died under a Schumer-led filibuster.
Interestingly, Senators Cornyn and Murphy did NOT want a combined bill because they want to send Fix NICS legislation to the President.
Senator John Cornyn was quoted in the Daily Caller as saying:
We have good bipartisan support for [Fix NICS]. It's really important and it will save lives, but if we start trying to add other things to it [like concealed carry reciprocity], then I think we risk not doing anything which has sort of been the fate of a lot of the legislation we've tried in the past. So, I'd like to do the fix NICS and then we can move on from there.

Anti-gunners Oppose Combining the Two Bills

Senator Cornyn was not alone in wanting to keep the bills separate.

Democrat Senator Chris Murphy (CT) said that this combined bill would be D.O.A. in the Senate, as he considers concealed carry reciprocity a poison pill.  And he was quoted in The Washington Post as saying that the combining of the two measures "is to risk nothing happening."

Prominent anti-gunners in the House also oppose combining the two bills.

When appearing before the House Rules Committee yesterday, Democrat Representatives Jerry Nadler (NY) and Sheila Jackson Lee (TX) argued against combining reciprocity and Fix NICS.
Also appearing before the committee, Rep. Dina Titus (D-NV) complained that including concealed carry reciprocity in the bill was a "poison pill" that would kill the Fix NICS legislation.  She announced that she wanted to offer an amendment to strike the concealed carry reciprocity language -- a request which was denied by the committee.

Outside of Congress, Moms Demand Action does NOT want a combined bill because they want a Fix NICS bill without reciprocity.  You can see their tweet here.
Same with Bloomberg's Everytown, which opposes combining the two bills.

What all these anti-gun legislators and groups realize is that merging the two bills would be the best way to kill the Fix NICS legislation.
Unfortunately, because of a few Red State Democrats, we don't have the votes right now to overcome a Schumer filibuster of the reciprocity bill in the Senate.
And that means that the most likely outcome of two separate bills moving through the House would be for the NICS bill to ultimately get signed into law while reciprocity dies.
Now that the House Rules Committee has combined the two provisions, GOA is not advocating for the bill, because we don't want to pass a bill to make an unconstitutional system deny additional law-abiding citizens from exercising their rights.
(You can view our earlier alert here to see why the Fix NICS bill could better be termed a "Traffic Ticket Gun Ban.")

Having said this, gun owners should realize the silver lining that has emerged.  The combined bill has tremendously frustrated the anti-gun Left, because now they fear the NICS bill is dead -- if the House passes the bill today.
What Happens Now?

So, the two provisions (both good and bad) have now been joined together in H.R. 38.  The House is scheduled to vote on the combined bill today.
 
Gun owners will assuredly want to know: What happens next?
 
Well, if the House does pass Fix NICS with reciprocity, then the Senate will most likely kill the background check language because, as we stated above, leading Republicans and Democrats do NOT want the bills combined.
As recently as yesterday, Senator Chris Murphy said that such a combined bill would be dead on arrival in the Senate.

Of course, the Senate could attempt to strip the reciprocity portion of the bill and send only gun control back to the House.  But having just passed reciprocity, the tables would be turned and a vote to pass Fix NICS as a stand-alone bill in the House at that point would be considered a vote to kill reciprocity -- putting our side in a much stronger position to vote it down.

What happens if the House defeats the combined bill?  If Senator Cornyn has his way, the Senate will quickly try to send a Fix NICS-only bill to the House. 
Will the Senate Move Quickly to Pass Fix NICS?

When asked by The Daily Caller if Sen. Cornyn preferred to wait until the next Congress to pass concealed carry reciprocity, Cornyn replied,
Well I want to get this background check problem fixed as soon as possible, hopefully even this week here in the Senate. And I don't want to do anything [such as reciprocity] to bog down our ability to get that done. I do think at some point we should take up constitutional carry, because I think it's important but combining them, I think, is to risk nothing happening.

If the Senate were to pass a stand-alone NICS bill, the House would most likely agree to it and send the legislation to President Trump.
So if the House defeats the bill today, we will have to expend a herculean effort in trying to kill the Traffic Ticket Gun Ban.

And we will be calling on all our members to bombard their legislators in opposition to a bill that (sadly) has tremendous support in Congress.

Things are happening quickly. 

Please stay tuned for more details as they become available.

In Liberty,
Erich Pratt
Executive Director