To amend chapter 44 of title 18, United States Code, to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits, if the individual complies with the laws of the State.

SA 1618. Mr. THUNE (for himself, Mr. Vitter, Mr. Enzi, Mr. Barrasso,
and Mr. Coburn) proposed an amendment to the bill S. 1390, to authorize
appropriations for fiscal year 2010 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1083. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED
FIREARMS.

(a) Findings.--Congress finds the following:
(1) The second amendment to the Constitution of the United
States protects the right of an individual to keep and bear
arms, including for purposes of individual self-defense.
(2) The right to bear arms includes the right to carry arms
for self-defense and the defense of others.
(3) Congress has previously enacted legislation for
national authorization of the carrying of concealed firearms
by qualified active and retired law enforcement officers.
(4) Forty-eight States provide by statute for the issuance
of permits to carry concealed firearms to individuals, or
allow the carrying of concealed firearms for lawful purposes
without need for a permit.
(5) The overwhelming majority of individuals who exercise
the right to carry firearms in their own States and other
States have proven to be law-abiding, and such carrying has
been demonstrated to provide crime prevention or crime
resistance benefits for the licensees and for others.
(6) Congress finds that the prevention of lawful carrying
by individuals who are traveling outside their home State
interferes with the constitutional right of interstate
travel, and harms interstate commerce.
(7) Among the purposes of this Act is the protection of the
rights, privileges, and immunities guaranteed to a citizen of
the United States by the fourteenth amendment to the
Constitution of the United States.
(8) Congress therefore should provide for the interstate
carrying of firearms by such individuals in all States that
do not prohibit the carrying of concealed firearms by their
own residents.
(b) In General.--Chapter 44 of title 18, United States
Code, is amended by inserting after section 926C the
following:

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

``(a) Notwithstanding any provision of the law of any State
or political subdivision thereof--
``(1) a person who is not prohibited by Federal law from
possessing, transporting, shipping, or receiving a firearm,
and who is carrying a government-issued photographic
identification document and 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, may carry a
concealed firearm in any State other than the State of
residence of the person that--
``(A) has a statute that allows residents of the State to
obtain licenses or permits to carry concealed firearms; or
``(B) does not prohibit the carrying of concealed firearms
by residents of the State for lawful purposes;
``(2) a person who is not prohibited by Federal law from
possessing, transporting, shipping, or receiving a firearm,
and who is carrying a government-issued photographic
identification document and is entitled to carry a concealed
firearm in the State in which the person resides otherwise
than as described in paragraph (1), may carry a concealed
firearm in any State other than the State of residence of the
person that--
``(A) has a statute that allows residents of the State to
obtain licenses or permits to carry concealed firearms; or
``(B) does not prohibit the carrying of concealed firearms
by residents of the State for lawful purposes.
``(b) A person carrying a concealed firearm under this
section shall--
``(1) in a State that does not prohibit the carrying of a
concealed firearms by residents of the State for lawful
purposes, be entitled to carry such firearm subject to the
same laws and conditions that govern the specific places and
manner in which a firearm may be carried by a resident of the
State; or
``(2) in a State that allows residents of the State to
obtain licenses or permits to carry concealed firearms, be
entitled to carry such a firearm subject to the same laws and
conditions that govern specific places and manner in which a
firearm may be carried by a person issued a permit by the
State in which the firearm is carried.
``(c) In a State that allows the issuing authority for
licenses or permits to carry concealed firearms to impose
restrictions on the carrying of firearms by individual
holders of such licenses or permits, a firearm shall be
carried according to the same terms authorized by an
unrestricted license of or permit issued to a resident of the
State.
``(d) Nothing in this section shall be construed to--
``(1) effect the permitting process for an individual in
the State of residence of the individual; or
``(2) preempt any provision of State law with respect to
the issuance of licenses or permits to carry concealed
firearms.''.
(c) Clerical Amendment.--The table of sections for chapter
44 of title 18 is amended by inserting after the item
relating to section 926C the following:

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

(d) Severability.--Notwithstanding any other provision of
this Act, if any provision of this section, or any amendment
made by this section, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, this section and amendments made by this
section and the application of such provision or amendment to
other persons or circumstances shall not be affected thereby.
(e) Effective Date.--The amendments made by this section
shall take effect 90 days after the date of enactment of this
Act.

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