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HR 38119th CongressIntroduced

Constitutional Concealed Carry Reciprocity Act of 2025

Introduced: Jan 3, 2025
Sponsor: Rep. Hudson, Richard [R-NC-9] (R-North Carolina)
Civil Rights & Justice
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Constitutional Concealed Carry Reciprocity Act of 2025 would create a federal framework that allows nonresidents to carry a concealed handgun in states other than their own, provided they meet certain conditions. Specifically, a person who is not federally prohibited from possessing a firearm, who has a valid photo ID, and holds a license or permit issued by their home state that authorizes concealed carry (or who is entitled to carry concealed in their home state) could carry a concealed handgun in other states that either (a) have a law letting residents apply for a concealed-carry license/permit, or (b) do not prohibit concealed carry by residents for lawful purposes. The bill also sets limits, enforcement rules, remedies, and definitions, and it would take effect 90 days after enactment. In practice, this would largely preempt certain state and local restrictions on concealed carry across state lines for eligible license holders, while preserving private-property and government-property prohibitions and providing some legal and civil remedies if rights are violated. It also specifies areas on federal lands that would be open to carry under this framework and includes several procedural protections for defendants who rely on the statute.

Key Points

  • 1Creates a new federal provision (Sec. 926D) that establishes reciprocity for carrying certain concealed firearms across state lines. A nonprohibited person with a valid photo ID and a license/permit issued by their home state (or who is entitled to carry in their home state) may possess or carry a concealed handgun in any state that either allows such licenses or does not prohibit concealed carry by state residents for lawful purposes. Machine guns and destructive devices are explicitly excluded.
  • 2States cannot be used to override this framework, except that the act does not supersede private-property rights or restrictions on possession of firearms on private property or on government property (state/local government buildings, installations, etc.). This preserves private property and certain government restrictions.
  • 3Enforcement and defense rules: a person carrying under this act cannot be arrested for possession or carrying unless there is probable cause that the conduct is not in line with the act. Facially valid documents create a prima facie defense, and the prosecution bears the burden to prove beyond a reasonable doubt that the conduct violated the act. If the defendant prevails, they may recover reasonable attorney’s fees.
  • 4Civil remedies: individuals deprived of rights or immunity under this section can sue in court for damages or other relief, with the court able to award damages and attorney’s fees to the prevailing plaintiff.
  • 5Definitions and scope: clarifies what counts as an “identification document” and defines “handgun” to include magazines and ammunition. The bill also allows carrying in certain public areas within a state, including units of the National Park System, National Wildlife Refuges, and land managed by the Bureau of Land Management, Army Corps of Engineers, Bureau of Reclamation, and Forest Service. It also includes an effective date (90 days after enactment) and standard severability terms.

Impact Areas

Primary group/area affected: Lawful gun owners who hold concealed-carry licenses in their home states and meet federal criteria, who would gain broader recognition of their permits across state lines.Secondary group/area affected: Law enforcement and state/local authorities (who would need to apply the federal reciprocity framework and adjudicate cases consistent with its provisions), private property owners, and public land managers (who must navigate the act’s boundaries on firearm possession on their properties and on lands open to the public).Additional impacts: Potential changes in interstate travel and commerce related to firearms, possible shifts in state policy debates over permit requirements and training standards, and ongoing legal and constitutional questions about federal preemption of state gun regulations. There could also be practical considerations for courts and prosecutors regarding burden shifting, defense rights, and attorney-fee awards when the act is invoked.
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