H.R. 38House117th Congress (2021-2023)In Committee

Concealed Carry Reciprocity Act

Introduced January 4, 2021

AI-Generated Summary

Updated February 7, 2026 at 8:57 PM UTC

The Concealed Carry Reciprocity Act amends federal law to let people who hold a valid concealed‑carry permit from their home state carry a concealed handgun in other states that also allow concealed carry or have no ban, as long as they follow federal rules and show a photo ID. It overrides conflicting state laws except where private owners or government properties restrict firearms, and provides legal protections and a civil remedy for permit holders traveling across state lines.

Key Provisions

  • Allows a person with a valid state concealed‑carry license and a photo ID, who is not barred by federal law, to carry a concealed handgun in any other state that either issues its own concealed‑carry permits or does not prohibit concealed carry, overriding conflicting state statutes.
  • The rule does not apply to private property or government‑owned land where the state may restrict firearms; those restrictions remain in place.
  • If stopped, presenting the license and ID is taken as proof of compliance; the person cannot be arrested unless there is probable cause of a violation, and the prosecution must prove the lack of compliance beyond a reasonable doubt. Successful defense can earn attorney fees.
  • Anyone whose rights under this provision are denied may sue for damages and attorney fees.
  • Carriers covered by this act are exempt from the federal prohibition in 18 U.S.C. § 922(q) for the handgun they are carrying.
  • The act permits carrying in public lands such as national parks, wildlife refuges, BLM lands, Army Corps of Engineers lands, Bureau of Reclamation lands, and Forest Service lands.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

March 1, 2021

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HouseIntro Referral

Introduced in House

January 4, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 4, 2021

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

March 1, 2021

Floor Debate

23 members

What members said about H.R. 38 on the floor

17 Republicans6 Democrats
Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · Jun 28, 2021

Madam Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on the subject of my Special Order. Madam…

Jim Jordan
Rep. Jim JordanR-OH-4 · Mar 10, 2021

Mr. Speaker, I yield 2 minutes to the gentleman from Minnesota (Mr. Stauber). Mr. Speaker, the previous speaker indicated that you have to ask the government to exercise your constitutional right.…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Mar 10, 2021

Mr. Speaker, pursuant to House Resolution 188, I call up the bill (H.R. 1446) to amend chapter 44 of title 18, United States Code, to strengthen the background check procedures to be followed before…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 10, 2021

Mr. Speaker, I want us to be very quiet in this Chamber, almost to the extent of hearing a pin drop. That is what happens when you are in prayer: Muslims, Catholics, those of the Jewish faith,…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Mar 10, 2021

Mr. Speaker, I thank the gentleman for yielding and for his great leadership of the Judiciary Committee. Thank you for bringing this important legislation to the floor, Mr. Nadler. And, again, as an…

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Claudia Tenney
Rep. Claudia TenneyR-NY-22 · Jun 28, 2021

Madam Speaker, I thank the gentleman for hosting this great Special Order on a fundamental right. Madam Speaker, our Second Amendment right to keep and bear arms for self-protection is a fundamental…

Gary J. Palmer
Rep. Gary J. PalmerR-AL-6 · Mar 10, 2021

Mr. Speaker, a bill trampling on the Second Amendment rights of the American people is a convenient distraction from the actual crisis in the United States. There are over almost 11,000 people killed…

Tracey Mann
Rep. Tracey MannR-KS-1 · Jun 28, 2021

Madam Speaker, I thank the gentleman for holding this important Special Order to highlight a basic right that we all share and love and that makes us who we are as Americans. Madam Speaker, I rise…

Clay Higgins
Rep. Clay HigginsR-LA-3 · Mar 10, 2021

Mr. Speaker, I thank my colleagues for engaging in this debate today. Mr. Speaker, there is a higher authority than the law of man. Above the Speaker's podium are the words, in this great Chamber,…

Richard Hudson
Rep. Richard HudsonR-NC-8 · Mar 10, 2021

Mr. Speaker, Newtown, Parkland, Las Vegas, Sutherland Springs, Charleston, the attack on our former colleague, Gabrielle Giffords, these are all tragedies that would not have been prevented by H.R. 8…

Richard Hudson
Rep. Richard HudsonR-NC-8 · Jun 28, 2021

Madam Speaker, I rise, a proud defender of our rights as guaranteed in the Second Amendment. Ever since I was a little boy, my grandfather taught me the right way to handle a gun. I have loved the…

Barry Moore
Rep. Barry MooreR-AL-2 · Jun 28, 2021

Madam Speaker, I thank and appreciate Representative Clyde for his leadership on this issue. Madam Speaker, recent remarks by President Joe Biden about the Second Amendment have troubled me and…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · Mar 10, 2021

Mr. Speaker, in 2015, a white supremacist with a criminal record was allowed to purchase a gun which he used to kill nine parishioners at Mother Emanuel AME Church in South Carolina. That shooter,…

Show 11 more
Earl L. "Buddy" Carter
Rep. Earl L. "Buddy" CarterR-GA-1 · Jun 28, 2021

Madam Speaker, I thank the gentleman for yielding. Madam Speaker, I rise today to show my support for the Second Amendment and draw attention to its importance. I would like to start by emphasizing a…

Chip Roy
Rep. Chip RoyR-TX-21 · Jun 28, 2021

Madam Speaker, I thank the gentleman from Georgia for his conviction and his dedication to this issue and getting us this opportunity for all of us to share that. I appreciate the remarks from my…

James E. Clyburn
Rep. James E. ClyburnD-SC-6 · Mar 10, 2021

Mr. Speaker, I listened to my colleague on the other side. I still think about the night of June 17, 2015, when at about 9:00 in the evening, I received a phone call informing me that something had…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Mar 10, 2021

Mr. Speaker, I thank the gentleman from Ohio for yielding. Mr. Speaker, there is no gun violence problem from legal gun owners. And this bill, as well as the prior bill, will do nothing to stop gun…

Kat Cammack
Rep. Kat CammackR-FL-3 · Mar 10, 2021

Mr. Speaker, I rise today in opposition to H.R. 1446 and H.R. 8, a/k/a the gun-grabber bills. Madam Speaker Pelosi, you were elected in 1987, and I was born in 1988. During that time, you say that…

Bob Good
Rep. Bob GoodR-VA-5 · Jun 28, 2021

Madam Speaker, the right to keep and bear arms for self-defense and to ensure we remain a free people is a God-given right, not a government-bestowed privilege. We are, however, privileged to live in…

Scott Perry
Rep. Scott PerryR-PA-10 · Jun 28, 2021

Madam Speaker, I thank the gentleman for hosting us this evening. Every single person here laments the crime that is occurring in our country, the people that lose their lives to crime. Every single…

Lauren Boebert
Rep. Lauren BoebertR-CO-3 · Jun 28, 2021

Madam Speaker, I thank my friend, the gentleman from Georgia (Mr. Clyde), for putting this together. Madam Speaker, I want to begin this evening by thanking my Democrat colleagues for their…

Troy E. Nehls
Rep. Troy E. NehlsR-TX-22 · Jun 28, 2021

Madam Speaker, crime is rising across the country. Double- digit increases in violent crime have been seen in cities across our country; liberal cities, no less, that chose to defund their police.…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Mar 10, 2021

Mr. Speaker, some of my colleagues are invoking the Second Amendment quite promiscuously today, but they obviously haven't read any of the relevant Supreme Court authority because Justice Scalia, in…

Madison Cawthorn
Rep. Madison CawthornR-NC-11 · Mar 10, 2021

Mr. Speaker, if we lose the Second Amendment, then the First will fall. I want to remind my colleagues of a simple fact that is far too often swept under the rug by the left. Americans have a right…

Bill Text

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Introduced in HouseIssued January 4, 2021

I

117th CONGRESS

1st Session

H. R. 38

IN THE HOUSE OF REPRESENTATIVES

January 4, 2021

Mr. Hudson (for himself, Mr. Allen, Mr. Babin, Mr. Balderson, Mr. Barr, Mr. Bishop of North Carolina, Mrs. Boebert, Mr. Brooks, Mr. Budd, Mr. Calvert, Mr. Chabot, Mr. Cline, Mr. Cloud, Mr. Davidson, Mr. Duncan, Mr. Fulcher, Mr. Ferguson, Mr. Gaetz, Mr. Gosar, Mrs. Greene of Georgia, Mr. Grothman, Mr. Higgins of Louisiana, Mr. Hill, Mr. Johnson of Ohio, Mr. Joyce of Pennsylvania, Mr. Kelly of Pennsylvania, Mr. Kinzinger, Mr. LaMalfa, Mr. Lamborn, Mr. Long, Mr. Mooney, Mr. Mullin, Mr. Nehls, Mr. Norman, Mr. Palazzo, Mr. Palmer, Mr. Posey, Mr. Reschenthaler, Mr. Rouzer, Mr. Rutherford, Mr. Steube, Mr. Taylor, Mrs. Wagner, Mr. Waltz, Mr. Weber of Texas, Mr. Zeldin, Mr. Crenshaw, Mr. Rice of South Carolina, Mr. Gooden of Texas, Mr. Bucshon, Mr. Wittman, Mr. Biggs, Ms. Stefanik, Mr. Meuser, Mr. Armstrong, Mr. Womack, Mr. Bacon, Mrs. Lesko, Mr. Simpson, Mr. Walberg, Mr. McKinley, Mr. Gonzalez of Ohio, Mr. Stivers, Mr. Cole, Mr. Hagedorn, Mr. Kustoff, Mr. Banks, Mr. Garcia of California, Mr. Hern, Mr. Newhouse, Mr. Brady, Mr. Huizenga, Mr. Austin Scott of Georgia, Mr. Buchanan, Mr. Green of Tennessee, Mr. Smith of Missouri, Mr. Stewart, Mr. Timmons, Mr. Emmer, Mr. Westerman, Mr. Murphy of North Carolina, Mr. Wright, Ms. Herrera Beutler, Mr. Schweikert, Mr. Williams of Texas, Mr. Bergman, Mr. Latta, Mrs. Walorski, Mr. Jacobs of New York, Mr. Burchett, Mr. Estes, Mr. Crawford, Mr. Wenstrup, Mr. Comer, Mr. Roy, Mr. Hice of Georgia, Mr. Moore of Alabama, Mr. DesJarlais, Mr. Thompson of Pennsylvania, Mr. Luetkemeyer, Mr. Amodei, Mr. Rogers of Alabama, Mr. Smucker, Mr. Mast, Mr. Loudermilk, Mr. Stauber, Mr. Guest, Mr. McHenry, Mr. Cawthorn, Mr. Dunn, Mr. Gibbs, Mrs. Spartz, Mrs. Hartzler, Mr. Jackson, Mr. Harris, Mr. Upton, Mr. Gohmert, Mr. Baird, Mr. Smith of Nebraska, Mr. Arrington, Mr. Johnson of South Dakota, Mr. Clyde, Mr. Carter of Texas, Ms. Granger, Mr. Jordan, Mr. Johnson of Louisiana, Mr. LaHood, Mrs. Bice of Oklahoma, Mr. Buck, Mr. Cuellar, Mr. Perry, Mr. Curtis, Mr. Vicente Gonzalez of Texas, Mr. Rodney Davis of Illinois, Mr. Scalise, Mr. Rose, Mr. Bishop of Georgia, Mr. Tiffany, Mr. Graves of Missouri, Mr. McClintock, Ms. Cheney, Mr. Pfluger, Mrs. Cammack, Mr. Carter of Georgia, Mr. Burgess, Mr. Webster of Florida, Mr. Rogers of Kentucky, Mr. Aderholt, Mr. Steil, Mr. Fallon, Mr. Reed, Mr. Moore of Utah, Mr. Guthrie, Ms. Mace, and Mr. Kelly of Mississippi) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

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.

1.

Short title

This Act may be cited as the Concealed Carry Reciprocity Act.

2.

Reciprocity for the carrying of certain concealed firearms

(a)

In general

Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:

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 machine gun 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.

(b)

This section shall not be construed to supersede or limit the laws of any State that—

(1)

permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

(2)

prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

(c)
(1)

A person who carries or possesses a concealed handgun in accordance with subsections (a) and (b) may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for by this section. Presentation of facially valid documents as specified in subsection (a) is prima facie evidence that the individual has a license or permit as required by this section.

(2)

When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsections (a) and (b).

(3)

When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee.

(d)
(1)

A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief.

(2)

The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee.

(e)

In subsection (a):

(1)

The term identification document means a document made or issued by or under the authority of the United States Government, a State, or a political subdivision of a State which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.

(2)

The term handgun includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine.

(f)
(1)

A person who possesses or carries a concealed handgun under subsection (a) shall not be subject to the prohibitions of section 922(q) with respect to that handgun.

(2)

A person possessing or carrying a concealed handgun in a State under subsection (a) may do so in any of the following areas in the State that are open to the public:

(A)

A unit of the National Park System.

(B)

A unit of the National Wildlife Refuge System.

(C)

Public land under the jurisdiction of the Bureau of Land Management.

(D)

Land administered and managed by the Army Corps of Engineers.

(E)

Land administered and managed by the Bureau of Reclamation.

(F)

Land administered and managed by the Forest Service.

.

(b)

Clerical amendment

The table of sections for such chapter is amended by inserting after the item relating to section 926C the following:

.

(c)

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.

(d)

Effective date

The amendments made by this section shall take effect 90 days after the date of the enactment of this Act.