Brady Handgun Violence Prevention Act (1993)

Brady Handgun Violence Prevention Act (1993)

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

 An Act

To provide for a waiting period before the purchase of a handgun, and for the

establishment of a national instant criminal background check system to be

contacted by firearms dealers before the transfer of any firearm.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—BRADY HANDGUN CONTROL

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Brady Handgun Violence Prevention

Act’’.

SEC. 102. FEDERAL FIREARMS LICENSEE REQUIRED TO CONDUCT

CRIMINAL BACKGROUND CHECK BEFORE TRANSFER OF

FIREARM TO NON-LICENSEE.

(a) I


NTERIM PROVISION.—

(1) I

N GENERAL.—Section 922 of title 18, United States

Code, is amended by adding at the end the following:

‘‘(s)(1) Beginning on the date that is 90 days after the date

of enactment of this subsection and ending on the day before the

date that is 60 months after such date of enactment, it shall

be unlawful for any licensed importer, licensed manufacturer, or

licensed dealer to sell, deliver, or transfer a handgun to an individual

who is not licensed under section 923, unless—

‘‘(A) after the most recent proposal of such transfer by

the transferee—

‘‘(i) the transferor has—

‘‘(I) received from the transferee a statement of

the transferee containing the information described in

paragraph (3);

‘‘(II) verified the identity of the transferee by

examining the identification document presented;

‘‘(III) within 1 day after the transferee furnishes

the statement, provided notice of the contents of the

statement to the chief law enforcement officer of the

place of residence of the transferee; and

‘‘(IV) within 1 day after the transferee furnishes

the statement, transmitted a copy of the statement

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H. R. 1025—2

to the chief law enforcement officer of the place of

residence of the transferee; and

‘‘(ii)(I) 5 business days (meaning days on which State

offices are open) have elapsed from the date the transferor

furnished notice of the contents of the statement to the

chief law enforcement officer, during which period the

transferor has not received information from the chief law

enforcement officer that receipt or possession of the handgun

by the transferee would be in violation of Federal,

State, or local law; or

‘‘(II) the transferor has received notice from the chief

law enforcement officer that the officer has no information

indicating that receipt or possession of the handgun by

the transferee would violate Federal, State, or local law;

‘‘(B) the transferee has presented to the transferor a written

statement, issued by the chief law enforcement officer of the

place of residence of the transferee during the 10-day period

ending on the date of the most recent proposal of such transfer

by the transferee, stating that the transferee requires access

to a handgun because of a threat to the life of the transferee

or of any member of the household of the transferee;

‘‘(C)(i) the transferee has presented to the transferor a

permit that—

‘‘(I) allows the transferee to possess or acquire a handgun;

and

‘‘(II) was issued not more than 5 years earlier by the

State in which the transfer is to take place; and

‘‘(ii) the law of the State provides that such a permit

is to be issued only after an authorized government official

has verified that the information available to such official does

not indicate that possession of a handgun by the transferee

would be in violation of the law;

‘‘(D) the law of the State requires that, before any licensed

importer, licensed manufacturer, or licensed dealer completes

the transfer of a handgun to an individual who is not licensed

under section 923, an authorized government official verify

that the information available to such official does not indicate

that possession of a handgun by the transferee would be in

violation of law;

‘‘(E) the Secretary has approved the transfer under section

5812 of the Internal Revenue Code of 1986; or

‘‘(F) on application of the transferor, the Secretary has

certified that compliance with subparagraph (A)(i)(III) is

impracticable because—

‘‘(i) the ratio of the number of law enforcement officers

of the State in which the transfer is to occur to the number

of square miles of land area of the State does not exceed

0.0025;

‘‘(ii) the business premises of the transferor at which

the transfer is to occur are extremely remote in relation

to the chief law enforcement officer; and

‘‘(iii) there is an absence of telecommunications facilities

in the geographical area in which the business premises

are located.

‘‘(2) A chief law enforcement officer to whom a transferor has

provided notice pursuant to paragraph (1)(A)(i)(III) shall make a

reasonable effort to ascertain within 5 business days whether

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H. R. 1025—3

receipt or possession would be in violation of the law, including

research in whatever State and local recordkeeping systems are

available and in a national system designated by the Attorney

General.

‘‘(3) The statement referred to in paragraph (1)(A)(i)(I) shall

contain only—

‘‘(A) the name, address, and date of birth appearing on

a valid identification document (as defined in section 1028(d)(1))

of the transferee containing a photograph of the transferee

and a description of the identification used;

‘‘(B) a statement that the transferee—

‘‘(i) is not under indictment for, and has not been

convicted in any court of, a crime punishable by imprisonment

for a term exceeding 1 year;

‘‘(ii) is not a fugitive from justice;

‘‘(iii) is not an unlawful user of or addicted to any

controlled substance (as defined in section 102 of the Controlled

Substances Act);

‘‘(iv) has not been adjudicated as a mental defective

or been committed to a mental institution;

‘‘(v) is not an alien who is illegally or unlawfully in

the United States;

‘‘(vi) has not been discharged from the Armed Forces

under dishonorable conditions; and

‘‘(vii) is not a person who, having been a citizen of

the United States, has renounced such citizenship;

‘‘(C) the date the statement is made; and

‘‘(D) notice that the transferee intends to obtain a handgun

from the transferor.

‘‘(4) Any transferor of a handgun who, after such transfer,

receives a report from a chief law enforcement officer containing

information that receipt or possession of the handgun by the transferee

violates Federal, State, or local law shall, within 1 business

day after receipt of such request, communicate any information

related to the transfer that the transferor has about the transfer

and the transferee to—

‘‘(A) the chief law enforcement officer of the place of business

of the transferor; and

‘‘(B) the chief law enforcement officer of the place of residence

of the transferee.

‘‘(5) Any transferor who receives information, not otherwise

available to the public, in a report under this subsection shall

not disclose such information except to the transferee, to law

enforcement authorities, or pursuant to the direction of a court

of law.

‘‘(6)(A) Any transferor who sells, delivers, or otherwise transfers

a handgun to a transferee shall retain the copy of the statement

of the transferee with respect to the handgun transaction, and

shall retain evidence that the transferor has complied with

subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to

the statement.

‘‘(B) Unless the chief law enforcement officer to whom a statement

is transmitted under paragraph (1)(A)(i)(IV) determines that

a transaction would violate Federal, State, or local law—

‘‘(i) the officer shall, within 20 business days after the

date the transferee made the statement on the basis of which

the notice was provided, destroy the statement, any record

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H. R. 1025—4

containing information derived from the statement, and any

record created as a result of the notice required by paragraph

(1)(A)(i)(III);

‘‘(ii) the information contained in the statement shall not

be conveyed to any person except a person who has a need

to know in order to carry out this subsection; and

‘‘(iii) the information contained in the statement shall not

be used for any purpose other than to carry out this subsection.

‘‘(C) If a chief law enforcement officer determines that an

individual is ineligible to receive a handgun and the individual

requests the officer to provide the reason for such determination,

the officer shall provide such reasons to the individual in writing

within 20 business days after receipt of the request.

‘‘(7) A chief law enforcement officer or other person responsible

for providing criminal history background information pursuant

to this subsection shall not be liable in an action at law for

damages—

‘‘(A) for failure to prevent the sale or transfer of a handgun

to a person whose receipt or possession of the handgun is

unlawful under this section; or

‘‘(B) for preventing such a sale or transfer to a person

who may lawfully receive or possess a handgun.

‘‘(8) For purposes of this subsection, the term ‘chief law enforcement

officer’ means the chief of police, the sheriff, or an equivalent

officer or the designee of any such individual.

‘‘(9) The Secretary shall take necessary actions to ensure that

the provisions of this subsection are published and disseminated

to licensed dealers, law enforcement officials, and the public.’’.

(2) H


ANDGUN DEFINED.—Section 921(a) of title 18, United

States Code, is amended by adding at the end the following:

‘‘(29) The term ‘handgun’ means—

‘‘(A) a firearm which has a short stock and is designed

to be held and fired by the use of a single hand; and

‘‘(B) any combination of parts from which a firearm

described in subparagraph (A) can be assembled.’’.

(b) P


ERMANENT PROVISION.—Section 922 of title 18, United

States Code, as amended by subsection (a)(1), is amended by adding

at the end the following:

‘‘(t)(1) Beginning on the date that is 30 days after the Attorney

General notifies licensees under section 103(d) of the Brady Handgun

Violence Prevention Act that the national instant criminal

background check system is established, a licensed importer,

licensed manufacturer, or licensed dealer shall not transfer a firearm

to any other person who is not licensed under this chapter,

unless—

‘‘(A) before the completion of the transfer, the licensee

contacts the national instant criminal background check system

established under section 103 of that Act;

‘‘(B)(i) the system provides the licensee with a unique

identification number; or

‘‘(ii) 3 business days (meaning a day on which State offices

are open) have elapsed since the licensee contacted the system,

and the system has not notified the licensee that the receipt

of a firearm by such other person would violate subsection

(g) or (n) of this section; and

‘‘(C) the transferor has verified the identity of the transferee

by examining a valid identification document (as defined in

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H. R. 1025—5

section 1028(d)(1) of this title) of the transferee containing

a photograph of the transferee.

‘‘(2) If receipt of a firearm would not violate section 922 (g)

or (n) or State law, the system shall—

‘‘(A) assign a unique identification number to the transfer;

‘‘(B) provide the licensee with the number; and

‘‘(C) destroy all records of the system with respect to the

call (other than the identifying number and the date the number

was assigned) and all records of the system relating to

the person or the transfer.

‘‘(3) Paragraph (1) shall not apply to a firearm transfer between

a licensee and another person if—

‘‘(A)(i) such other person has presented to the licensee

a permit that—

‘‘(I) allows such other person to possess or acquire

a firearm; and

‘‘(II) was issued not more than 5 years earlier by the

State in which the transfer is to take place; and

‘‘(ii) the law of the State provides that such a permit

is to be issued only after an authorized government official

has verified that the information available to such official does

not indicate that possession of a firearm by such other person

would be in violation of law;

‘‘(B) the Secretary has approved the transfer under section

5812 of the Internal Revenue Code of 1986; or

‘‘(C) on application of the transferor, the Secretary has

certified that compliance with paragraph (1)(A) is impracticable

because—

‘‘(i) the ratio of the number of law enforcement officers

of the State in which the transfer is to occur to the number

of square miles of land area of the State does not exceed

0.0025;

‘‘(ii) the business premises of the licensee at which

the transfer is to occur are extremely remote in relation

to the chief law enforcement officer (as defined in subsection

(s)(8)); and

‘‘(iii) there is an absence of telecommunications facilities

in the geographical area in which the business premises

are located.

‘‘(4) If the national instant criminal background check system

notifies the licensee that the information available to the system

does not demonstrate that the receipt of a firearm by such other

person would violate subsection (g) or (n) or State law, and the

licensee transfers a firearm to such other person, the licensee

shall include in the record of the transfer the unique identification

number provided by the system with respect to the transfer.

‘‘(5) If the licensee knowingly transfers a firearm to such other

person and knowingly fails to comply with paragraph (1) of this

subsection with respect to the transfer and, at the time such other

person most recently proposed the transfer, the national instant

criminal background check system was operating and information

was available to the system demonstrating that receipt of a firearm

by such other person would violate subsection (g) or (n) of this

section or State law, the Secretary may, after notice and opportunity

for a hearing, suspend for not more than 6 months or revoke

any license issued to the licensee under section 923, and may

impose on the licensee a civil fine of not more than $5,000.

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‘‘(6) Neither a local government nor an employee of the Federal

Government or of any State or local government, responsible for

providing information to the national instant criminal background

check system shall be liable in an action at law for damages—

‘‘(A) for failure to prevent the sale or transfer of a firearm

to a person whose receipt or possession of the firearm is unlawful

under this section; or

‘‘(B) for preventing such a sale or transfer to a person

who may lawfully receive or possess a firearm.’’.

(c) P


ENALTY.—Section 924(a) of title 18, United States Code,

is amended—

(1) in paragraph (1), by striking ‘‘paragraph (2) or (3)

of’’; and

(2) by adding at the end the following:

‘‘(5) Whoever knowingly violates subsection (s) or (t) of section

922 shall be fined not more than $1,000, imprisoned for not more

than 1 year, or both.’’.

SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

(a) D


ETERMINATION OF TIMETABLES.—Not later than 6 months

after the date of enactment of this Act, the Attorney General shall—

(1) determine the type of computer hardware and software

that will be used to operate the national instant criminal background

check system and the means by which State criminal

records systems and the telephone or electronic device of licensees

will communicate with the national system;

(2) investigate the criminal records system of each State

and determine for each State a timetable by which the State

should be able to provide criminal records on an on-line capacity

basis to the national system; and

(3) notify each State of the determinations made pursuant

to paragraphs (1) and (2).

(b) E


STABLISHMENT OF SYSTEM.—Not later than 60 months

after the date of the enactment of this Act, the Attorney General

shall establish a national instant criminal background check system

that any licensee may contact, by telephone or by other electronic

means in addition to the telephone, for information, to be supplied

immediately, on whether receipt of a firearm by a prospective

transferee would violate section 922 of title 18, United States Code,

or State law.

(c) E


XPEDITED ACTION BY THE ATTORNEY GENERAL.—The Attorney

General shall expedite—

(1) the upgrading and indexing of State criminal history

records in the Federal criminal records system maintained by

the Federal Bureau of Investigation;

(2) the development of hardware and software systems

to link State criminal history check systems into the national

instant criminal background check system established by the

Attorney General pursuant to this section; and

(3) the current revitalization initiatives by the Federal

Bureau of Investigation for technologically advanced fingerprint

and criminal records identification.

(d) N


OTIFICATION OF LICENSEES.—On establishment of the system

under this section, the Attorney General shall notify each

licensee and the chief law enforcement officer of each State of

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H. R. 1025—7

the existence and purpose of the system and the means to be

used to contact the system.

(e) A


DMINISTRATIVE PROVISIONS.—

(1) A


UTHORITY TO OBTAIN OFFICIAL INFORMATION.—Notwithstanding

any other law, the Attorney General may secure

directly from any department or agency of the United States

such information on persons for whom receipt of a firearm

would violate subsection (g) or (n) of section 922 of title 18,

United States Code or State law, as is necessary to enable

the system to operate in accordance with this section. On

request of the Attorney General, the head of such department

or agency shall furnish such information to the system.

(2) O


THER AUTHORITY.—The Attorney General shall develop

such computer software, design and obtain such telecommunications

and computer hardware, and employ such personnel,

as are necessary to establish and operate the system in accordance

with this section.

(f) W


RITTEN REASONS PROVIDED ON REQUEST.—If the national

instant criminal background check system determines that an

individual is ineligible to receive a firearm and the individual

requests the system to provide the reasons for the determination,

the system shall provide such reasons to the individual, in writing,

within 5 business days after the date of the request.

(g) C


ORRECTION OF ERRONEOUS SYSTEM INFORMATION.—If the

system established under this section informs an individual contacting

the system that receipt of a firearm by a prospective transferee

would violate subsection (g) or (n) of section 922 of title 18, United

States Code or State law, the prospective transferee may request

the Attorney General to provide the prospective transferee with

the reasons therefor. Upon receipt of such a request, the Attorney

General shall immediately comply with the request. The prospective

transferee may submit to the Attorney General information to correct,

clarify, or supplement records of the system with respect

to the prospective transferee. After receipt of such information,

the Attorney General shall immediately consider the information,

investigate the matter further, and correct all erroneous Federal

records relating to the prospective transferee and give notice of

the error to any Federal department or agency or any State that

was the source of such erroneous records.

(h) R


EGULATIONS.—After 90 days’ notice to the public and an

opportunity for hearing by interested parties, the Attorney General

shall prescribe regulations to ensure the privacy and security of

the information of the system established under this section.

(i) P


ROHIBITION RELATING TO ESTABLISHMENT OF REGISTRATION

S


YSTEMS WITH RESPECT TO FIREARMS.—No department, agency,

officer, or employee of the United States may—

(1) require that any record or portion thereof generated

by the system established under this section be recorded at

or transferred to a facility owned, managed, or controlled by

the United States or any State or political subdivision thereof;

or

(2) use the system established under this section to establish

any system for the registration of firearms, firearm owners,

or firearm transactions or dispositions, except with respect

to persons, prohibited by section 922 (g) or (n) of title 18,

United States Code or State law, from receiving a firearm.

(j) D


EFINITIONS.—As used in this section:

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(1) L


ICENSEE.—The term ‘‘licensee’’ means a licensed

importer (as defined in section 921(a)(9) of title 18, United

States Code), a licensed manufacturer (as defined in section

921(a)(10) of that title), or a licensed dealer (as defined in

section 921(a)(11) of that title).

(2) O


THER TERMS.—The terms ‘‘firearm’’, ‘‘handgun’’,

‘‘licensed importer’’, ‘‘licensed manufacturer’’, and ‘‘licensed

dealer’’ have the meanings stated in section 921(a) of title

18, United States Code, as amended by subsection (a)(2).

(k) A


UTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated, which may be appropriated from the Violent

Crime Reduction Trust Fund established by section 1115 of title

31, United States Code, such sums as are necessary to enable

the Attorney General to carry out this section.

SEC. 104. REMEDY FOR ERRONEOUS DENIAL OF FIREARM.

(a) I


N GENERAL.—Chapter 44 of title 18, United States Code,

is amended by inserting after section 925 the following new section:

‘‘§ 925A. Remedy for erroneous denial of firearm

‘‘Any person denied a firearm pursuant to subsection (s) or

(t) of section 922—

‘‘(1) due to the provision of erroneous information relating

to the person by any State or political subdivision thereof,

or by the national instant criminal background check system

established under section 103 of the Brady Handgun Violence

Prevention Act; or

‘‘(2) who was not prohibited from receipt of a firearm pursuant

to subsection (g) or (n) of section 922,

may bring an action against the State or political subdivision

responsible for providing the erroneous information, or responsible

for denying the transfer, or against the United States, as the

case may be, for an order directing that the erroneous information

be corrected or that the transfer be approved, as the case may

be. In any action under this section, the court, in its discretion,

may allow the prevailing party a reasonable attorney’s fee as part

of the costs.’’.

(b) T


ECHNICAL AMENDMENT.—The chapter analysis for chapter

44 of title 18, United States Code, is amended by inserting after

the item relating to section 925 the following new item:

‘‘925A. Remedy for erroneous denial of firearm.’’.

SEC. 105. RULE OF CONSTRUCTION.

This Act and the amendments made by this Act shall not

be construed to alter or impair any right or remedy under section

552a of title 5, United States Code.

SEC. 106. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.

(a) U


SE OF FORMULA GRANTS.—Section 509(b) of title I of the

Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3759(b)) is amended—

(1) in paragraph (2) by striking ‘‘and’’ after the semicolon;

(2) in paragraph (3) by striking the period and inserting

‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(4) the improvement of State record systems and the sharing

with the Attorney General of all of the records described

in paragraphs (1), (2), and (3) of this subsection and the records

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H. R. 1025—9

required by the Attorney General under section 103 of the

Brady Handgun Violence Prevention Act, for the purpose of

implementing that Act.’’.

(b) A


DDITIONAL FUNDING.—

(1) G


RANTS FOR THE IMPROVEMENT OF CRIMINAL RECORDS.—

The Attorney General, through the Bureau of Justice Statistics,

shall, subject to appropriations and with preference to States

that as of the date of enactment of this Act have the lowest

percent currency of case dispositions in computerized criminal

history files, make a grant to each State to be used—

(A) for the creation of a computerized criminal history

record system or improvement of an existing system;

(B) to improve accessibility to the national instant

criminal background system; and

(C) upon establishment of the national system, to assist

the State in the transmittal of criminal records to the

national system.

(2) A


UTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for grants under paragraph (1), which

may be appropriated from the Violent Crime Reduction Trust

Fund established by section 1115 of title 31, United States

Code, a total of $200,000,000 for fiscal year 1994 and all fiscal

years thereafter.

TITLE II—MULTIPLE FIREARM PURCHASES

TO STATE AND LOCAL POLICE

SEC. 201. REPORTING REQUIREMENT.

Section 923(g)(3) of title 18, United States Code, is amended—

(1) in the second sentence by inserting after ‘‘thereon,’’

the following: ‘‘and to the department of State police or State

law enforcement agency of the State or local law enforcement

agency of the local jurisdiction in which the sale or other

disposition took place,’’;

(2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

(3) by adding at the end thereof the following:

‘‘(B) Except in the case of forms and contents thereof

regarding a purchaser who is prohibited by subsection (g) or

(n) of section 922 of this title from receipt of a firearm, the

department of State police or State law enforcement agency

or local law enforcement agency of the local jurisdiction shall

not disclose any such form or the contents thereof to any

person or entity, and shall destroy each such form and any

record of the contents thereof no more than 20 days from

the date such form is received. No later than the date that

is 6 months after the effective date of this subparagraph, and

at the end of each 6-month period thereafter, the department

of State police or State law enforcement agency or local law

enforcement agency of the local jurisdiction shall certify to

the Attorney General of the United States that no disclosure

contrary to this subparagraph has been made and that all

forms and any record of the contents thereof have been

destroyed as provided in this subparagraph.’’.

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H. R. 1025—10

TITLE III—FEDERAL FIREARMS

LICENSE REFORM

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Federal Firearms License Reform

Act of 1993’’.

SEC. 302. PREVENTION OF THEFT OF FIREARMS.

(a) C


OMMON CARRIERS.—Section 922(e) of title 18, United States

Code, is amended by adding at the end the following: ‘‘No common

or contract carrier shall require or cause any label, tag, or other

written notice to be placed on the outside of any package, luggage,

or other container that such package, luggage, or other container

contains a firearm.’’.

(b) R


ECEIPT REQUIREMENT.—Section 922(f) of title 18, United

States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) It shall be unlawful for any common or contract carrier

to deliver in interstate or foreign commerce any firearm without

obtaining written acknowledgement of receipt from the recipient

of the package or other container in which there is a firearm.’’.

(c) U


NLAWFUL ACTS.—Section 922 of title 18, United States

Code, as amended by section 102, is amended by adding at the

end the following new subsection:

‘‘(u) It shall be unlawful for a person to steal or unlawfully

take or carry away from the person or the premises of a person

who is licensed to engage in the business of importing, manufacturing,

or dealing in firearms, any firearm in the licensee’s business

inventory that has been shipped or transported in interstate or

foreign commerce.’’.

(d) P


ENALTIES.—Section 924 of title 18, United States Code,

is amended by adding at the end the following new subsection:

‘‘(i)(1) A person who knowingly violates section 922(u) shall

be fined not more than $10,000, imprisoned not more than 10

years, or both.

‘‘(2) Nothing contained in this subsection shall be construed

as indicating an intent on the part of Congress to occupy the

field in which provisions of this subsection operate to the exclusion

of State laws on the same subject matter, nor shall any provision

of this subsection be construed as invalidating any provision of

State law unless such provision is inconsistent with any of the

purposes of this subsection.’’.

SEC. 303. LICENSE APPLICATION FEES FOR DEALERS IN FIREARMS.

Section 923(a)(3) of title 18, United States Code, is amended—

(1) in subparagraph (A), by adding ‘‘or’’ at the end;

(2) in subparagraph (B) by striking ‘‘a pawnbroker dealing

in firearms other than’’ and inserting ‘‘not a dealer in’’;

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H. R. 1025—11

(3) in subparagraph (B) by striking ‘‘$25 per year; or’’

and inserting ‘‘$200 for 3 years, except that the fee for renewal

of a valid license shall be $90 for 3 years.’’; and

(4) by striking subparagraph (C).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate

Pennsylvania Castle Doctrine ("Castle Law") 2011

Pa Castle Doctrine ("Castle Law") 2011

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL
No. 40
Session of 2011

INTRODUCED BY PERRY, METCALFE, AUMENT, BAKER, BARBIN, BARRAR, BEAR, BENNINGHOFF, BLOOM, BOBACK, BOYD, BRENNAN, BROOKS, BURNS, CALTAGIRONE, CARROLL, CAUSER, CHRISTIANA, CLYMER, CONKLIN, D. COSTA, COX, CREIGHTON, CUTLER, DALEY, DAY, DEASY, DELOZIER, DeLUCA, DENLINGER, DERMODY, DeWEESE, DUNBAR, ELLIS, EVANKOVICH, J. EVANS, EVERETT, FARRY, FLECK, GABLER, GEIST, GEORGE, GERGELY, GIBBONS, GILLEN, GILLESPIE, GINGRICH, GODSHALL, GOODMAN, GRELL, GROVE, HAHN, HALUSKA, HANNA, HARHAI, HARHART, HARPER, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M.K. KELLER, KILLION, KNOWLES, KORTZ, KOTIK, KRIEGER, KULA, LAWRENCE, LONGIETTI, MAHER, MAHONEY, MAJOR, MALONEY, MARKOSEK, MARSHALL, MATZIE, METZGAR, MICCARELLI, MICOZZIE, MILLARD, MILLER, MIRABITO, MOUL, MULLERY, MURPHY, MURT, MUSTIO, NEUMAN, OBERLANDER, O'NEILL, PASHINSKI, PAYNE, PEIFER, PETRARCA, PETRI, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, READSHAW, REED, REESE, REICHLEY, ROAE, ROCK, SACCONE, SAINATO, SAYLOR, SCAVELLO, SCHRODER, SIMMONS, K. SMITH, M. SMITH, S. H. SMITH, SONNEY, STABACK, STERN, STEVENSON, SWANGER, TALLMAN, J. TAYLOR, TOBASH, TOEPEL, TOOHIL, TURZAI, VEREB, VULAKOVICH, WATSON, WHITE, MASSER, RAVENSTAHL, EMRICK, CULVER AND MILNE, JANUARY 31, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 7, 2011

AN ACT

1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing, in general principles of
4 justification, for definitions, for use of force in self-
5 protection, for use of force for the protection of other
6 persons, for grading of theft offenses and for licenses to
7 carry firearms; and providing for civil immunity for use of
8 force.
9 the General Assembly finds that:
10 (1)  It is proper for law-abiding people to protect



1 themselves, their families and others from intruders and
2 attackers without fear of prosecution or civil action for
3 acting in defense of themselves and others.
4 (2)  The Castle Doctrine is a common law doctrine of
5 ancient origins which declares that a home is a person's
6 castle.
7 (3)  Section 21 of Article I of the Constitution of
8 Pennsylvania guarantees that the "right of the citizens to
9 bear arms in defense of themselves and the State shall not be
10 questioned."
11 (4)  Persons residing in or visiting this Commonwealth
12 have a right to expect to remain unmolested within their
13 homes or vehicles.
14 (5)  No person should be required to surrender his or her
15 personal safety to a criminal, nor should a person be
16 required to needlessly retreat in the face of intrusion or
17 attack outside the person's home or vehicle.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1.  Section 501 of Title 18 of the Pennsylvania
21 Consolidated Statutes is amended to read:
22 § 501.  Definitions.
23 Subject to additional definitions contained in subsequent
24 provisions of this chapter which are applicable to specific
25 provisions of this chapter, the following words and phrases,
26 when used in this chapter shall have, unless the context clearly
27 indicates otherwise, the meanings given to them in this section:
28 "Believes" or "belief."  Means "reasonably believes" or
29 "reasonable belief."
30 "Correctional institution."  Any penal institution,
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1 penitentiary, State farm, reformatory, prison, jail, house of
2 correction, or other institution for the incarceration or
3 custody of persons under sentence for offenses or awaiting trial
4 or sentence for offenses.
5 "Corrections officer."  A full-time employee assigned to the
6 Department of Corrections whose principal duty is the care,
7 custody and control of inmates of a penal or correctional
8 institution operated by the Department of Corrections.
9 "Deadly force."  Force which, under the circumstances in
10 which it is used, is readily capable of causing death or serious
11 bodily injury.
12 "Dwelling."  Any building or structure, including any
13 attached porch, deck or patio, though movable or temporary, or a
14 portion thereof, which is for the time being the home or place
15 of lodging of the actor.
16 "Peace officer."  Any person who by virtue of his office or
17 public employment is vested by law with a duty to maintain
18 public order or to make arrests for offenses, whether that duty
19 extends to all offenses or is limited to specific offenses, or
20 any person on active State duty pursuant to [section 311 of the
21 act of May 27, 1949 (P.L.1903, No.568), known as "The Military
22 Code of 1949."] 51 Pa.C.S. § 508 (relating to active duty for
23 emergency). The term "peace officer" shall also include any
24 member of any park police department of any county of the third
25 class.
26 "Residence."  A dwelling in which a person resides, either
27 temporarily or permanently, or visits as an invited guest.
28 "Unlawful force."  Force, including confinement, which is
29 employed without the consent of the person against whom it is
30 directed and the employment of which constitutes an offense or
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1 actionable tort or would constitute such offense or tort except
2 for a defense (such as the absence of intent, negligence, or
3 mental capacity; duress; youth; or diplomatic status) not
4 amounting to a privilege to use the force. Assent constitutes
5 consent, within the meaning of this section, whether or not it
6 otherwise is legally effective, except assent to the infliction
7 of death or serious bodily injury.
8 "Vehicle."  A conveyance of any kind, whether or not
9 motorized, that is designed to transport people or property.
10 Section 2.  Section 505(b) of Title 18 is amended and the
11 section is amended by adding a subsection to read:
12 § 505.  Use of force in self-protection.
13 * * *
14 (b)  Limitations on justifying necessity for use of force.--
15 (1)  The use of force is not justifiable under this
16 section:
17 (i)  to resist an arrest which the actor knows is
18 being made by a peace officer, although the arrest is
19 unlawful; or
20 (ii)  to resist force used by the occupier or
21 possessor of property or by another person on his behalf,
22 where the actor knows that the person using the force is
23 doing so under a claim of right to protect the property,
24 except that this limitation shall not apply if:
25 (A)  the actor is a public officer acting in the
26 performance of his duties or a person lawfully
27 assisting him therein or a person making or assisting
28 in a lawful arrest;
29 (B)  the actor has been unlawfully dispossessed
30 of the property and is making a reentry or recaption
20110HB0040PN1038

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1 justified by section 507 of this title (relating to
2 use of force for the protection of property); or
3 (C)  the actor believes that such force is
4 necessary to protect himself against death or serious
5 bodily injury.
6 (2)  The use of deadly force is not justifiable under
7 this section unless the actor believes that such force is
8 necessary to protect himself against death, serious bodily
9 injury, kidnapping or sexual intercourse compelled by force
10 or threat; nor is it justifiable if:
11 (i)  the actor, with the intent of causing death or
12 serious bodily injury, provoked the use of force against
13 himself in the same encounter; or
14 (ii)  the actor knows that he can avoid the necessity
15 of using such force with complete safety by retreating
16 [or by surrendering possession of a thing to a person
17 asserting a claim of right thereto or by complying with a
18 demand that he abstain from any action which he has no
19 duty to take], except [that:
20 (A)]  the actor is not obliged to retreat from
21 his dwelling or place of work, unless he was the
22 initial aggressor or is assailed in his place of work
23 by another person whose place of work the actor knows
24 it to be[; and
25 (B)  a public officer justified in using force in
26 the performance of his duties or a person justified
27 in using force in his assistance or a person
28 justified in using force in making an arrest or
29 preventing an escape is not obliged to desist from
30 efforts to perform such duty, effect such arrest or
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1 prevent such escape because of resistance or
2 threatened resistance by or on behalf of the person
3 against whom such action is directed].
4 (2.1)  Except as otherwise provided in paragraph (2.2),
5 an actor is presumed to have a reasonable belief that deadly
6 force is immediately necessary to protect himself against
7 death, serious bodily injury, kidnapping or sexual
8 intercourse compelled by force or threat if both of the
9 following conditions exist:
10 (i)  The person against whom the force is used is in
11 the process of unlawfully and forcefully entering, or has
12 unlawfully and forcefully entered and is present within,
13 a dwelling, residence or occupied vehicle; or the person
14 against whom the force is used is or is attempting to
15 unlawfully and forcefully remove another against that
16 other's will from the dwelling, residence or occupied
17 vehicle.
18 (ii)  The actor knows or has reason to believe that
19 the unlawful and forceful entry or act is occurring or
20 has occurred.
21 (2.2)  The presumption set forth in paragraph (2.1) does
22 not apply if:
23 (i)  the person against whom the force is used has
24 the right to be in or is a lawful resident of the
25 dwelling, residence or vehicle, such as an owner or
26 lessee;
27 (ii)  the person sought to be removed is a child or
28 grandchild or is otherwise in the lawful custody or under
29 the lawful guardianship of the person against whom the
30 protective force is used;
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1 (iii)  the actor is engaged in a criminal activity or
2 is using the dwelling, residence or occupied vehicle to
3 further a criminal activity; or
4 (iv)  the person against whom the force is used is a
5 peace officer acting in the performance of his official
6 duties and the actor using force knew or reasonably
7 should have known that the person was a peace officer.
8 (2.3)  An actor who is not engaged in a criminal
9 activity, WHO IS NOT IN ILLEGAL POSSESSION OF A FIREARM and

10 who is attacked in any place where the actor would have a
11 duty to retreat under paragraph (2)(ii), has no duty to
12 retreat and has the right to stand his ground and use force,
13 including deadly force, if:
14 (i)  the actor has a right to be in the place where
15 he was attacked;
16 (ii)  the actor believes it is immediately necessary
17 to do so to protect himself against death, serious bodily
18 injury, kidnapping or sexual intercourse by force or
19 threat; and
20 (iii)  the person against whom the force is used
21 displays or otherwise uses:
22 (A)  a firearm or replica of a firearm as defined
23 in 42 Pa.C.S. § 9712 (relating to sentences for
24 offenses committed with firearms); or
25 (B)  any other weapon readily or apparently
26 capable of lethal use.
27 (2.4)  THE EXCEPTION TO THE DUTY TO RETREAT SET FORTH

28 UNDER PARAGRAPH (2.3) DOES NOT APPLY IF THE PERSON AGAINST
29 WHOM THE FORCE IS USED IS A PEACE OFFICER ACTING IN THE
30 PERFORMANCE OF HIS OFFICIAL DUTIES AND THE ACTOR USING FORCE
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1 KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON WAS A
2 PEACE OFFICER.
3 (2.4) (2.5)  Unless one of the exceptions under paragraph

4 (2.2) applies, a person who unlawfully and by force enters or
5 attempts to enter an actor's dwelling, residence or occupied
6 vehicle or removes or attempts to remove another against that
7 other's will from the actor's dwelling, residence or occupied
8 vehicle is presumed to be doing so with the intent to commit:
9 (i)  an act resulting in death or serious bodily
10 injury; or
11 (ii)  kidnapping or sexual intercourse by force or
12 threat.
13 (2.5) (2.6)  A public officer justified in using force in

14 the performance of his duties or a person justified in using
15 force in his assistance or a person justified in using force
16 in making an arrest or preventing an escape is not obliged to
17 desist from efforts to perform such duty, effect such arrest
18 or prevent such escape because of resistance or threatened
19 resistance by or on behalf of the person against whom such
20 action is directed.
21 (3)  Except as [required by paragraphs (1) and (2) of
22 this subsection,] otherwise required by this subsection, a
23 person employing protective force may estimate the necessity
24 thereof under the circumstances as he believes them to be
25 when the force is used, without retreating, surrendering
26 possession, doing any other act which he has no legal duty to
27 do or abstaining from any lawful action.
28 * * *
29 (d)  Definition.--As used in this section, the term "criminal
30 activity" means conduct which is a misdemeanor or felony, is not
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1 justifiable under this chapter and is the proximate cause of

2 RELATED TO the confrontation between an actor and the person

3 against whom force is used.
4 Section 3.  Section 506 of Title 18 is amended to read:
5 § 506.  Use of force for the protection of other persons.
6 (a)  General rule.--The use of force upon or toward the
7 person of another is justifiable to protect a third person when:
8 (1)  the actor would be justified under section 505 [of
9 this title] (relating to use of force in self-protection) in
10 using such force to protect himself against the injury he
11 believes to be threatened to the person whom he seeks to
12 protect;
13 (2)  under the circumstances as the actor believes them
14 to be, the person whom he seeks to protect would be justified
15 in using such protective force; and
16 (3)  the actor believes that his intervention is
17 necessary for the protection of such other person.
18 (b)  [Exceptions] Exception.--Notwithstanding subsection (a)
19 [of this section:
20 (1)  When the actor would be obliged under section 505 of
21 this title to retreat, to surrender the possession of a thing
22 or to comply with a demand before using force in self-
23 protection, he is not obliged to do so before using force for
24 the protection of another person, unless he knows that he can
25 thereby secure the complete safety of such other person.
26 (2)  When the person whom the actor seeks to protect
27 would be obliged under section 505 of this title to retreat,
28 to surrender the possession of a thing or to comply with a
29 demand if he knew that he could obtain complete safety by so
30 doing, the actor is obliged to try to cause him to do so
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1 before using force in his protection if the actor knows that
2 he can obtain complete safety in that way.
3 (3)  Neither the actor nor the person whom he seeks to
4 protect is obliged to retreat when in the dwelling or place
5 of work of the other to any greater extent than in his own.],
6 the actor is not obliged to retreat to any greater extent
7 than the person whom he seeks to protect.
8 Section 4.  Section 3903(a), (a.1) and (b) of Title 18 are
9 amended and the section is amended by adding a subsection to
10 read:
11 § 3903.  Grading of theft offenses.
12 (a)  Felony of the second degree.--Theft constitutes a felony
13 of the second degree if:
14 (1)  The offense is committed during a manmade disaster,
15 a natural disaster or a war-caused disaster and constitutes a
16 violation of section 3921 (relating to theft by unlawful
17 taking or disposition), 3925 (relating to receiving stolen
18 property), 3928 (relating to unauthorized use of automobiles
19 and other vehicles) or 3929 (relating to retail theft).
20 (2)  The property stolen is a firearm.
21 (3)  In the case of theft by receiving stolen property,
22 the property received, retained or disposed of is a firearm
23 [and the receiver is in the business of buying or selling
24 stolen property].
25 (4)  The property stolen is any amount of anhydrous
26 ammonia.
27 (a.1)  Felony of the third degree.--Except as provided in
28 subsection (a) or (a.2), theft constitutes a felony of the third
29 degree if the amount involved exceeds $2,000, or if the property
30 stolen is an automobile, airplane, motorcycle, motorboat or
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1 other motor-propelled vehicle, or in the case of theft by
2 receiving stolen property, if the receiver is in the business of
3 buying or selling stolen property.
4 (a.2)  Felony of the first degree.--Theft constitutes a
5 felony of the first degree if, in the case of theft by receiving
6 stolen property, the property received, retained or disposed of
7 is a firearm and the receiver is in the business of buying or
8 selling stolen property.
9 (b)  Other grades.--Theft not within subsection (a) [or],
10 (a.1) [of this section] or (a.2), constitutes a misdemeanor of
11 the first degree, except that if the property was not taken from
12 the person or by threat, or in breach of fiduciary obligation,
13 and:
14 (1)  the amount involved was $50 or more but less than
15 $200 the offense constitutes a misdemeanor of the second
16 degree; or
17 (2)  the amount involved was less than $50 the offense
18 constitutes a misdemeanor of the third degree.
19 * * *
20 Section 5.  The definition of "loaded" in section 6102 of
21 Title 18 is amended to read:
22 § 6102.  Definitions.
23 Subject to additional definitions contained in subsequent
24 provisions of this subchapter which are applicable to specific
25 provisions of this subchapter, the following words and phrases,
26 when used in this subchapter shall have, unless the context
27 clearly indicates otherwise, the meanings given to them in this
28 section:
29 * * *
30 "Loaded."  A firearm is loaded if the firing chamber, the
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1 nondetachable magazine or, in the case of a revolver, any of the
2 chambers of the cylinder contain ammunition capable of being
3 fired. In the case of a firearm which utilizes a detachable
4 magazine, the term shall mean a magazine suitable for use in
5 said firearm which magazine contains such ammunition and has
6 been inserted in the firearm or is in the same container or,
7 where the container has multiple compartments, the same
8 compartment thereof as the firearm. If the magazine is inserted
9 into a pouch, holder, holster or other protective device that
10 provides for a complete and secure enclosure of the ammunition,
11 then the pouch, holder, holster or other protective device shall
12 be deemed to be a separate compartment.
13 * * *
14 Section 6.  Section 6109(m.3) of Title 18 is amended to read:
15 § 6109.  Licenses.
16 * * *
17 (m.3)  Construction.--Nothing in this section shall be
18 construed to [permit]:
19 (1)  Permit the hunting or harvesting of any wildlife
20 with a firearm or ammunition not otherwise permitted by 34
21 Pa.C.S. (relating to game).
22 (2)  Authorize any Commonwealth agency to regulate the
23 possession of firearms in any manner inconsistent with the
24 provisions of this title.
25 * * *
26 Section 7.  Title 42 is amended by adding a section to read:
27 § 8340.2.  Civil immunity for use of force.
28 (a)  General rule.--An actor who uses force:
29 (1)  in self-protection as provided in 18 Pa.C.S. § 505
30 (relating to use of force in self-protection);
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1 (2)  in the protection of other persons as provided in 18
2  Pa.C.S. § 506 (relating to use of force for the protection of
3 other persons);
4 (3)  for the protection of property as provided in 18
5 Pa.C.S. § 507 (relating to use of force for the protection of
6 property);
7 (4)  in law enforcement as provided in 18 Pa.C.S. § 508
8 (relating to use of force in law enforcement); or
9 (5)  consistent with the actor's special responsibility
10 for care, discipline or safety of others as provided in 18
11 Pa.C.S. § 509 (relating to use of force by persons with
12 special responsibility for care, discipline or safety of
13 others)
14 is justified in using such force and shall be immune from civil
15 liability for personal injuries sustained by a perpetrator which
16 were caused by the acts or omissions of the actor as a result of
17 the use of force.
18 (b)  Attorney fees and costs.--If the actor who satisfies the
19 requirements of subsection (a) prevails in a civil action
20 initiated by or on behalf of a perpetrator against the actor,
21 the court shall award reasonable expenses to the actor.
22 Reasonable expenses shall include, but not be limited to,
23 attorney fees, expert witness fees, court costs and compensation
24 for loss of income.
25 (c)  Definition.--As used in this section, the term
26 "perpetrator" shall mean a person against whom an actor is
27 justified in using force as provided by 18 Pa.C.S. § 505, 506,
28 507, 508 or 509.
29 Section 8.  This act shall take effect in 60 days.
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Is your concealed handgun pointed in a safe direction?

I am asked daily on what is the bet handgun for concealed carry...  My answer is my opinion with a little bit reason and common sense thrown in there too.  Hand guns and holsters flood the market.
Pancake Holsters, Paddle Holsters, 0 Bulk Holsters, Hybrid Holsters, Side Draw, Cross Draw, Shoulder Holsters, etc...  then there are the pistols: Semi, Revolver, Double Action, Single Action, Double/Single Action, Hammer Fired, Striker Fired, Double Stack, Single Stack, Compact, Sub-Compact...  This can be very daunting to a first tie pistol buyer.  Now here is my opinion.

There are two factors to consider; the type of gun and the holster it will be carried in.  Let's start with the holster.  Men and women may carry differently, in fact everybody will carry differently.  First you choose for comfort, where on your body can your put a handgun that it doesn't impede your daily life.  Belt, Horizontal Shoulder, In-the-Pant (IP), Belly Band, and Bra holster are some of the more common styles (We will get to WHY NOT TO CARRY A GUN IN YOUR PURSE later).  Most IP and Belt holster point to the ground, a generally safe direction.  H. Shoulder, Bra, and B. Band Holster typically point at your self or everybody around you.  This is an important factor that most people do not take into account.

Depending on the style, comfort, and orientation of the holster you need to choose a pistol accordingly...  Now we are going to Striker vs. Hammer fired and Double vs. Single action, Striker vs. Hammer fired, and how they relate to how you want to carry your concealed handgun.

Definition: Double action (DA) refers to any gun which can be cocked and fired by a single pull of the trigger. This term most often refers to handguns (pistols and revolvers), but properly applies to any gun that works the same way.
When a double action gun is uncocked and loaded, it may be fired by pulling the trigger. The trigger usually travels a good ways in double action, and during its travel it is cocking the hammer (moving it backwards against spring tension). When the hammer reaches a point far enough back in its travel, it is released and allowed to fall, thus firing the gun.

Definition: Single action (SA) refers to any firearm that must be manually cocked before each shot. In such guns, the trigger performs a single function (firing the gun), thus the "single" in the name.
Single action most often refers to handguns, but may also refer to long guns (rifles and shotguns) as well.
Most firearms of single action design are revolvers, but some semi-automatic pistols fit the bill, such as the Colt 1911, which must be manually cocked before the first shot may be fired, and is automatically cocked for successive shots. Such pistols are sometimes referred to as SAO, meaning "single action only."
**  Definitions by Russell Chastain (Hunting Expert) www.about.com

Striker vs. Hammer Fired
In a hammer-fired pistol the firing-pin spring is located in front of the firing-pin and holds the firing-pin to the rear. When the hammer strikes the firing-pin the firing-pin is driven forward into the primer and then rebounds to the rear.

A striker is similar to a firing-pin with the exception of the spring being located in back of the striker and forcing it to the front. When the pistol is cocked the sear holds the striker in a rearward position. When the pistol is fired the sear releases the striker, which flies forward under the impetus of its spring and strikes the primer.
** by HammerBite @ The Firing Line

Blah, Blah, Blah...  I know...  But this next part is the point i want to make.

A striker fired pistol (Glock, Springfield XD, S&W M&P, FNS to name a few) is always cocked and ready to fire.   Meaning if your pistol is in a H. Shoulder holster it is loaded and cocked and pointed at the person behind you.  In a Belly or Bra holster you re pointing a loaded and cocked pistol at yourself.  The sear holds the striker back , this a mechanical device that can fail.  Failure is unlikely but possible.  More probable is that the carrier can shoot themself while removing, moving, or adjusting the holster.  Recently there was an unfortunate story of a woman who fatally shot herself in the eye while adjusting a bra holster.  Tragic, but preventable...  Striker fired pistols, IN MY OPINION, should always be carried muzzle down.  Unless the carrier chooses to carry without a round in the chamber (I have an opinion about that too...). 

If you choose to carry in a pistol in a holster does not aim the muzzle at the ground then choose a hammer fired pistol.  They are available in SAO, DAO, and SA/DA (Beretta PX4 Storm, Sig Sauer P Series, SCCY CPX, 1911 Styled are a few examples).  When the hammer is at rest the firearm is NOT cocked and is NOT ready to fire.  That coupled with a little bit of "Keep your finger off the trigger until you are ready to shoot" should keep you and everybody around you safe.

This probably raises for questions then answers BUT that is a good thing.  Ask the questions!  Local Rifle & Pistol Clubs, Gun Shops, and Local NRA chapters and Instructors are good sources of info.  Remember that these are opinions, all you can do is make the best decision you can with the information provided.  OH!  PURSES!!!  If you have another minute here is another thought...

I was a manager in several local Walmart Stores and have responded to many stolen purse calls.  I noticed that purse discipline, not absolutely, is poor at best.  people walk away from them, leave them at checkouts, on top of their cars etc.  just recently a woman was shot by a toddler in a Walmart while shopping.  Gun in purse + kid in purse = tragic (preventable) accident.  Typically keys for your car can not be found in 2 seconds in a purse (you  use them several times a day), how fast can you access your hand gun that you may not have thought about in weeks, and as soon as you go for your purse in self defense (god forbid) the assaulter can separate you from your means of defense by separating you from your purse.  Remember, They have a plan.  You are reacting Keep It Simple.  Don't put your gun in your purse.  This is one of my biggest pet peeves.  I won't rant on this anymore, you get the idea.

If you made it this far...  Thank You for your time, I hope it helps.

Dustin Walker
FFL Dealer
Reel Field Sports Owner

Glock 42 380 ACP Sub-Compact

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Current Status of Right-to-Carry Reciprocity Legislation in the U.S. Congress (NRA-ILA Article)

Recently, a number of NRA-supported Right-to-Carry Reciprocity bills have been introduced in the U.S. House and U.S. Senate.  NRA fully supports efforts to require states to respect an individual’s right to self-defense no matter what state they are in.  Below is the status of each bill, as of this writing.  NRA urges you to please contact your elected officials to support these important measures.

S. 498 – Introduced by U.S. Senator John Cornyn (R-Texas), this legislation would respect the rights of individuals who possess concealed carry permits from their home state, or who are not prohibited from carrying concealed in their home state, to exercise those rights in any other state that does not prohibit concealed carry.  This bill currently has 16 cosponsors.  Please contact your U.S. Senators at (202) 224-3121, and ask them to cosponsor and support S. 498.

H.R. 923 – Introduced by U.S. Representative Marlin Stutsman (R-Ind.), this legislation is the House companion bill to S. 498.  The legislation would also respect the rights of individuals who possess concealed carry permits from their home state, or who are not prohibited from carrying concealed in their home state, to exercise those rights in any other state that does not prohibit concealed carry.  This bill currently has four cosponsors.  Please contact your U.S. Representative at (202) 224-3121 and ask him or her to cosponsor and support H.R. 923.

H.R. 986 – Introduced by U.S. Representative Richard Hudson (R-N.C.), this bill would allow any person with a valid carry permit or license issued by a state to carry a concealed firearm in any other state that does not prohibit concealed carry.  This bill would also provide legal protection for law-abiding concealed carry permit holders against states that violate the intent of this bill.  This bill currently has 78 cosponsors. Please contact your U.S. Representative at (202) 224-3121 and ask him or her to cosponsor and support H.R. 986.

H.R. 402 – Introduced by U.S. Representative Rich Nugent (R-Fla.), this bill would allow any person with a valid carry permit or license issued by a state to carry a concealed firearm in any other state that does not prohibit concealed carry.  The bill currently has 70 cosponsors.  Please contact your U.S. Representative at (202) 224-3121 and ask him or her to cosponsor and support H.R. 402.

NRA would like to thank the sponsors and cosponsors of these critically important bills.  Again, we ask that you contact your lawmakers today and ask them to cosponsor and support these measures. 

You can contact your U.S. Senators and U.S. Representative by phone at (202) 224-3121, or by using the "Write Your Lawmakers" tool at www.NRAILA.org.

This article is courtesy of the NRA-ILA on Facebook

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