Mr. Speaker, pursuant to House Resolution 645, I call up the bill (H.R. 38) to amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry…
Mr. Speaker, pursuant to House Resolution 645, I call up the bill (H.R. 38) to amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State, and ask for its immediate consideration.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 38.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 38, the Concealed Carry Reciprocity Act of 2017.
Mr. Speaker, throughout my career in elected office, I have believed in and adhered to two fundamental principles regarding firearms policy: first, the right guaranteed to law-abiding Americans by the Second Amendment must be aggressively protected and preserved; second, the laws we have on the books need to be enforced to the fullest extent possible. The bipartisan bill before us today does both.
H.R. 38 ensures that law-abiding citizens' Second Amendment right does not end when they cross State lines. The bill allows law-abiding gun owners with valid State-issued concealed carry firearm permits or those who live in so-called constitutional carry States to carry a concealed firearm in any other State that also allows concealed carry.
We know that citizens who carry a concealed firearm are not only better prepared to act in their own self-defense, but also in the defense of others. Take, for instance, an incident that occurred just last November on a highway in Florida. Lee County Sheriff's Deputy Dean Bardes had just concluded a high-speed chase just off Interstate 75. As Deputy Bardes approached to apprehend the suspect, the suspect, Edward Strother, violently attacked Deputy Bardes.
A witness on the scene told reporters that the attacker ``just started punching him and hitting and hitting and hitting. I was afraid for the police officer. I thought he was going to kill him.''
Fortunately for Deputy Bardes, Ashad Russell, a Florida concealed carry permit holder, was also watching the attack unfold. Mr. Russell pulled his gun and approached the altercation. He told Strother he would shoot him if he didn't stop beating the deputy. The State Attorney's Office said Strother ignored Russell's commands to stop beating the deputy, so Russell fired his gun three times, hitting and fatally wounding the assailant. Lee County Sheriff Mike Scott has hailed Russell as a hero.
Importantly, this bill also contains the Fix NICS Act of 2017. This is a bipartisan and bicameral measure. The Fix NICS Act takes steps to ensure that State and Federal agencies enter all relevant records into the FBI's National Instant Criminal Background Check System. This bill will help ensure people who are legally prohibited from having guns, like those with violent felony convictions, do not obtain them.
The shooting at Virginia Tech and the church shootings in Charleston, South Carolina, and Sutherland Springs, Texas, are tragic reminders of what can happen when all relevant records are not entered into the system.
Our NICS system is only as good as the information within it. This important piece of legislation will ensure that more of the information already required to be uploaded to NICS under current law is actually placed in the NICS system.
Taken together, the Concealed Carry Reciprocity Act and the Fix NICS Act preserve and protect the right guaranteed to us by the Second Amendment and ensure that those prohibited by existing law from receiving a firearm are prevented from doing so.
Mr. Speaker, I urge my colleagues to join me in supporting this legislation.
I want to thank the lead sponsor, Mr. Hudson of North Carolina, for his hard work on this bill. I would also like to thank the authors of the Fix NICS provisions, Mr. Culberson and Mr. Cuellar, for their important contributions to the legislation before us today.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 4 minutes to the gentleman from North Carolina (Mr. Hudson), the lead sponsor of the legislation.
Mr. Speaker, I yield myself 15 seconds, and I include in the Record an article entitled, `` `Good Samaritan' Kills Active Shooter in Texas Sports Bar,'' in which a shooter with two guns and two knives entered a sports bar and was shot by an individual that the police labeled a Good Samaritan who happened to be eating at the restaurant with his wife. He was a concealed carry permit holder. He told his wife to get down on the ground, and then he shot the assailant.
[From nbcnews.com, May 4, 2017]
`Good Samaritan' Kills Active Shooter in Texas Sports Bar: Police
(By Phil McCausland)
A ``good Samaritan'' with a gun killed an active shooter
who may have been gearing up for a deadly rampage at a Texas
sports bar Wednesday night, police said.
When 48-year-old James Jones walked inside the Zona
Caliente Sports Bar, started yelling and then allegedly shot
and killed Cesar Perez--a 37-year-old restaurant manager
who'd attempted to calm him down--Arlington police said
witnesses were afraid they would be next.
In addition to the gun used to kill Perez, police say Jones
had another semiautomatic pistol and two knives on him. The
serial number on the second gun had been scratched off, and
Jones did not have a gun license, police said.
``He definitely had the capacity, if he wanted, to commit
further violence and potentially kill other patrons in the
business,'' Arlington Police Lieutenant Chris Cook told NBC
News, adding that it did not appear that the shooter knew his
victim.
An armed ``good Samaritan''--as the Arlington Police
labeled him--happened to be eating at the restaurant with his
wife. A concealed carry permit holder, he told her to get
down on the ground and then shot Jones in the back.
``I don't think the shooter even knew where the rounds were
coming from because he started shooting at the front door,''
Cook said, who described the scene as ``chaotic.''
Police reviewed video surveillance and pieced together the
incident via witness interviews, but it remains unclear how
many shots were fired by either individual. Police were
looking into Jones' background to see whether he suffered
from any mental illnesses and were awaiting test results to
find out if he was under the influence.
The man who took down Jones wished to maintain his
anonymity, police said, noting that he felt overwhelmed but
relieved that he prevented further violence.
``We're thankful that the good `Samaritan' acted quickly
and decisively to end the threat,'' Cook said. ``We never
recommend people get involved. That's a personal decision
that a citizen has to make.''
Use of force and firearms expert Emanuel Kapelsohn told NBC
News that, from his understanding, the man who took down the
shooter reacted appropriately.
``I think it's to be applauded,'' he said. ``Not everybody
in the world ought to own a gun. Not everybody in the world
ought to carry a gun. Not everyone in the world ought to
engage an armed criminal where innocent people could be
potentially injured.''
``But this good Samaritan obviously had the ability to do
what he did,'' Kapelsohn added. ``Who knows how many people
would be dead if he had not acted?''
Mr. Speaker, I yield 3 minutes to the gentleman from Wisconsin (Mr. Sensenbrenner), the chairman of the Crime, Terrorism, Homeland Security, and Investigations Subcommittee of the House Judiciary Committee.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Poe), a member of the Judiciary Committee.
Mr. Speaker, I yield myself 15 seconds to include in the Record a letter signed by 23 of those States' attorneys general who say, in part, in this letter: ``Strong evidence indicates that concealed carry permit holders actually deter and reduce crime.'' This is taking action by passing this legislation.
Attorney General of Missouri,
Jefferson City, MO, December 1, 2017.
Re Constitutional Concealed Carry Reciprocity Act of 2017 (S.
446) and Concealed Carry Reciprocity Act of 2017 (H.R.
38).
Hon. Mitch McConnell,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Paul Ryan,
Speaker, House of Representatives,
Washington, DC.
Hon. Chuck Schumer,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. Nancy Pelosi,
Democratic Leader, House of Representatives,
Washington, DC.
Dear Congressional Leaders: As the chief legal officers of
our States, we, the undersigned 23 state Attorneys General,
write in support of the Constitutional Concealed Carry
Reciprocity Act of 2017 (S. 446) and the Concealed Carry
Reciprocity Act of 2017 (H.R. 38). We share a strong interest
in the protection of our citizens' Second Amendment right to
keep and bear arms, and we are committed to supporting
federal and state policies to preserve that constitutional
right. These bills, if enacted, would eliminate significant
obstacles to the exercise of the right to keep and bear arms
for millions of Americans in every State.
The Second Amendment to the U.S. Constitution provides an
individual right to own and carry a firearm for self-defense.
The Amendment states that ``[a] well regulated Militia, being
necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed.'' U.S.
Const. amend. II. As the Supreme Court recognized in District
of Columbia v. Heller, 554 U.S. 570, 592 (2008), the Second
Amendment ``guarantee[s] the individual right to possess and
carry weapons in case of confrontation.'' Indeed,
``individual self-defense is `the central component' of the
Second Amendment right.'' McDonald v. City of Chicago, 561
U.S. 742, 767 (2010) (quoting Heller, 554 U.S. at 599).
The core interest protected by this right is self-defense
by law-abiding citizens. This right therefore extends to
weapons ``in common use'' and ``typically possessed by law-
abiding citizens for lawful purposes.'' Heller, 554 U.S. at
624-25, 627 (quoting United States v. Miller, 307 U.S. 174,
179 (1939)).
The Second Amendment historically has guaranteed the right
to carry firearms outside the home for self-defense. In
Heller, the Supreme Court relied on the preeminent authority
on English law for the founding generation, William
Blackstone, who explained that the right to self-defense,
codified by the framers in the Second Amendment, was an
``individual right protecting against both public and private
violence.'' Heller, 554 U.S. at 594 (citations omitted). As
Justices Thomas and Gorsuch have written, `` `[s]elf-defense
has to take place wherever the person happens to be,' and in
some circumstances a person may be more vulnerable in a
public place than in his own house.'' Peruta v. California,
137 S. Ct. 1995, 1998-99 (2017) (Thomas, J., and Gorsuch, J.,
dissenting from the denial of certiorari) (quoting Eugene
Volokh, Implementing the Right to Keep and Bear Arms for
Self-Defense: An Analytical Framework and a Research Agenda,
56 UCLA L. Rev. 1443, 1515 (2009)).
To be sure, the right to carry firearms for self-defense is
not unlimited, and the Supreme Court has stated that its
decisions do not cast doubt on the ``longstanding
prohibitions on the possession of firearms by felons and the
mentally ill, or laws forbidding the carrying of firearms in
sensitive places such as schools and government buildings, or
laws imposing conditions and qualifications on the commercial
sale of arms.'' Heller, 554 U.S. at 626-27. But these
exceptions all assume that the right to carry a weapon in
self-defense applies in public places generally.
The Second Amendment, moreover, applies to both the Federal
Government and the States. The Second Amendment is a right
``fundamental to our scheme of ordered liberty,'' and so it
applies not just to the Federal Government but also to the
States under the Due Process Clause of the Fourteenth
Amendment. McDonald, 561 U.S. at 767; see also Caetano v.
Massachusetts, 136 S. Ct. 1027, 1027 (2016) (per curiam).
Nevertheless, some activist courts have held that the
Second Amendment has no application at all outside the home,
and thus have upheld state laws banning any firearm ownership
outside the home. See, e.g., Peruta v. California, 137 S. Ct.
1995, 1997, 1999 (2017) (Thomas, J. and Gorsuch, J.,
dissenting from
the denial of certiorari) (collecting cases); e.g., Williams
v. State, 10 A.3d 1167, 1177 (Md. 2011); Mack v. United
States, 6 A.3d 1224, 1236 (D.C. 2010). Further, ten states
refuse to recognize any out-of-state concealed carry permits,
and many more refuse to recognize out-of-state concealed
carry permits unless certain conditions are met.
The citizen interest in self-defense, supported and
protected by the Second Amendment, is called into serious
question by such blanket refusals to permit carrying firearms
in self-defense outside the home or to allow non-resident
visitors to carry concealed weapons. Because some States
refuse to give the Second Amendment its full import, Congress
should enact concealed-carry reciprocity legislation, to help
implement and enforce the constitutional right to self-
defense for millions of law-abiding Americans across the
country.
The exercise of Congress's power is particularly warranted
in this case because the States that refuse to allow law-
abiding, non-resident visitors to carry concealed weapons
place their occupants in greater danger--not less--from gun
violence. These States leave citizens without any real option
for self-defense, and so it is not surprising that they have
been unable to show that their regulations reduce crime.
Authorizing permit holders to carry across state lines will
not result in an increased risk of crime. Concealed carry
permit holders are among the most law-abiding members of
society, and those States that allow for reciprocal
concealed-carry permits have not encountered any significant
safety issues. In Texas, for example, state data on permit
holders shows that, compared to the general public, they are
``ten times less likely to commit a crime, eleven times less
likely to commit an aggravated assault with a deadly weapon,
and seven times less likely to commit deadly conduct with a
firearm.'' Kevin Ballard, Peruta v. County of San Diego: An
Individual Right to Self-Defense Outside the Home and the
Application of Strict Scrutiny to Second Amendment
Challenges, 47 Golden Gate U. L. Rev. 25, 59 (2017).
Further, strong evidence indicates that concealed-carry
permit holders actually deter and reduce crime. Those who
engage in lawful and licensed concealed carry are not only
less likely to be involved in criminal activity themselves,
but their presence also deters others from engaging in
violent crime. See John R. Lott, Jr., More Guns, Less Crime
(University of Chicago Press, 3d ed. 2010). County-level data
for the entire United States from 1977 to 2000, the period in
which many concealed-carry laws took effect, shows annual
reductions in murder rates between 1.5 percent and 2.3
percent for each additional year that a right-to-carry law
was in effect, and the total economic benefit from reduced
crimes usually ranges between approximately $2 billion and $3
billion per year. Florenz Plassmann & John Whitley,
Confirming ``More Guns, Less Crime,'' 55 Stan. L. Rev. 1313
(2003). ``Violent crime falls after right-to-carry laws are
adopted, with bigger drops the longer the right-to-carry laws
are in effect.'' John R. Lott, Jr., What a Balancing Test
Will Show for Right-to-Carry Laws, 71 Md. L. Rev. 1205, 1212
(2012).
Our experience as attorneys general further reinforces this
data. Law-abiding individuals who choose to exercise their
constitutional right to carry a firearm for self-defense
promote public safety. Our states have chosen to respect the
rights of residents and non-residents alike to carry arms for
their defense, and we ask Congress to protect the same rights
of our law-abiding residents as they travel throughout the
United States.
States should not be able to deny citizens of other States
the basic constitutional right to self-defense. We thus urge
Congress to enact legislation such as the Constitutional
Concealed Carry Reciprocity Act of 2017 (S. 446) or the
Concealed Carry Reciprocity Act of 2017 (H.R. 38). These
bills aim to protect the rights of law-abiding citizens to
carry a concealed handgun. They do not allow for carrying
firearms by felons, those involuntarily committed to mental
health facilities, and other persons prohibited by federal
law from possessing or receiving firearms. And these bills
would not prevent States from allowing governmental and
private entities to preclude concealed carry on their own
property.
As the Supreme Court held in McDonald, it is
``unmistakably'' true that ``the Second Amendment right to
keep and bear arms'' is ``fundamental to our scheme of
ordered liberty'' and ``deeply rooted in this Nation's
history and tradition.'' McDonald, 561 U.S. at 767-68.
Congress should act to safeguard and implement this deeply
rooted right for those traveling across state lines.
Thank you for the opportunity to address this legislation.
As the chief legal and law enforcement officers of our
respective States, we urge Congress to pass this important
legislation implementing one of the most basic American
freedoms, the Second Amendment right to keep and bear arms.
Very truly yours,
Joshua D. Hawley, Missouri Attorney General; Steve
Marshall, Alabama Attorney General; Mark Brnovich, Arizona
Attorney General; Leslie Rutledge, Arkansas Attorney General;
Pamela Jo Bondi, Florida Attorney General; Chris Carr,
Georgia Attorney General; Lawrence Wasden, Idaho Attorney
General; Curtis T. Hill, Jr., Indiana Attorney General; Derek
Schmidt, Kansas Attorney General; Jeff Landry, Louisiana
Attorney General; Bill Schuette, Michigan Attorney General;
Timothy C. Fox, Montana Attorney General.
Doug Peterson, Nebraska Attorney General; Adam Paul Laxalt,
Nevada Attorney General; Wayne Stenehjem, North Dakota
Attorney General; Mike DeWine, Ohio Attorney General; Alan
Wilson, South Carolina Attorney General; Marty J. Jackley,
South Dakota Attorney General; Ken Paxton, Texas Attorney
General; Sean Reyes, Utah Attorney General; Patrick Morrisey,
West Virginia Attorney General; Brad D. Schimel, Wisconsin
Attorney General; Peter K. Michael, Wyoming Attorney General.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Alabama (Mrs. Roby), a member of the Judiciary Committee.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Texas (Mr. Farenthold), a member of the Judiciary Committee.
Mr. Speaker, I yield myself 15 seconds to include in the Record two articles, one from Tennessee and one from Florida, in which concealed carry permit holders stopped dead in their tracks people who were going to commit murder.
[From www.wsmv.com, Oct. 8, 2017]
Usher Being Called ``Hero'' for Helping to Stop Antioch Church Shooter
(By Edward Burch)
Antioch, TN.--Robert Caleb Engle is being hailed as a hero
after helping to stop the accused gunman during the shooting
at Burnette Chapel Church of Christ in Antioch on Sunday.
According to police and witnesses at the scene, Engle, who
is an usher at the church, confronted the accused shooter,
Emanuel Kidega Samson. Engle was then pistol-whipped by
Samson. The two got into a scuffle before Samson shot himself
in the chest.
Engle, who has a carry permit, went out to his car to get a
gun, despite suffering a head injury.
Engle then went back inside the church to confront Samson
and held him at gunpoint until authorities arrived.
Engle, 22, declined an on-camera interview but did send a
statement.
When complimented about his heroism, Engle said, ``I do not
want to be labeled a hero. The real heroes are the police,
first responders, medical staff and doctors who have helped
me and everyone affected.''
``I've been going to this church my whole life,'' Engle
said ``I would have never, ever thought something like this
would have happened.''
``(He's) just an outstanding young man, even before
today,'' said Tammy Adcock, one of Engle's neighbors. ``Today
just proved his character.''
Engle also asked for prayers for not just the victims, but
for the shooter and the shooter's family.
``They are hurting as well,'' Engle said.
Engle and 64-year-old Catherine Dickerson were taken to
Skyline Medical Center with non-life-threatening injuries.
Both Engle and Dickerson have since been released from the
hospital.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Florida (Mr. Gaetz), a member of the Judiciary Committee.
Mr. Speaker, may I ask how much time is remaining on each side.
Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Rutherford), a member of the Judiciary Committee.
Mr. Speaker, I yield 2 minutes to the gentleman from Louisiana (Mr. Johnson), who is a member of the Judiciary Committee.
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Culberson).
Mr. Speaker, I yield myself 15 seconds to point out that the attorney general of the State of Texas has signed a letter, along with 22 other State attorneys general, in support of this legislation and pointing out that authorized permit holders to carry across State lines will not result in an increased risk of crime. Further, strong evidence indicates that concealed carry permit holders actually deter and reduce crime.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Cuellar), who is the lead Democratic cosponsor of this legislation.
Mr. Speaker, I yield 1 minute to the gentleman from Florida (Mr. Dunn).
Mr. Speaker, I yield 1 minute to the gentleman from North Carolina (Mr. Budd).
Mr. Speaker, may I inquire how much time is remaining on each side?
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Maine (Mr. Poliquin).
Mr. Speaker, I yield the balance of my time to the gentleman from Arizona (Mr. Schweikert) for the purpose of closing the argument.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I claim the time in opposition to the motion to recommit.
Mr. Speaker, with this motion to recommit, my colleagues on the other side of the aisle are trying in vain to hamper the passage of this important legislation. H.R. 38 seeks to allow law- abiding citizens the ability to exercise their Second Amendment right when they cross State lines.
The Supreme Court held in District of Columbia v. Heller that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia and to use that firearm for traditionally lawful purposes, such as self-defense. Further, the Court concluded that the Second Amendment guarantees the individual right to possess and carry weapons in case of confrontation, and that central to this right is the ``inherent right of self-defense.''
Additionally, in McDonnell v. City of Chicago, the Supreme Court ruled that the right of an individual to ``keep and bear arms,'' as protected under the Second Amendment, is incorporated by the Due Process Clause of the 14th Amendment against the States.
An individual's Second Amendment right is no different than the First Amendment's protections on speech and free exercise of religious expression and the Fourth Amendment's prohibition against unreasonable search and seizure or the Eighth Amendment's prohibition of cruel and unusual punishment.
Can you imagine my colleagues' outcries if any of the aforementioned rights stopped at their State's borders? Believe me, I can. They would be loud and boisterous about it, and justifiably so. Despite that fact, here they are trying to derail a bill that affords the Second Amendment the same respect.
Now, this motion to recommit attempts to extend the law, the Federal law, which already bars people from having firearms if they have been convicted of a felony or misdemeanor domestic violence crimes, by saying any violent crime be covered. And they define violent crime by saying it means ``any offense that involves injury or the threat of injury to the person of another.''
Well, in my State of Virginia and in most other States, it is up to the police officer in a traffic accident, if you rear-end somebody and you injure them, whether or not you are simply charged with a traffic offense or you are charged with a criminal offense. That should not be the basis of denying somebody their Second Amendment rights under the United States Constitution.
Mr. Speaker, I urge my colleagues to oppose this motion to recommit and support the underlying bill, and I yield back the balance of my time.