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Home » A Look at Proposal HR 38
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A Look at Proposal HR 38

David LuttrellBy David LuttrellMarch 27, 20266 Mins Read
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A Look at Proposal HR 38

For new gun owners wanting to carry a concealed firearm for self-defense, there are several barriers. But few are as formidable as trying to figure out the legality of carrying a firearm when traveling. The problem I’m referring to is the patchwork of different carry laws in different states. The solution is national concealed carry reciprocity. But what is it? And will it finally happen?

Understanding National Concealed Carry Reciprocity

While you might be able to carry without a permit in your home state, when passing into a neighboring state, you might find yourself running afoul of the law in that state. In fact, for doing what’s legal in your state, you could end up in prison in a less gun-friendly state.

For instance, I can carry in my home state of Oklahoma without a permit. But when traveling across the country, I often find myself in Illinois, which has much stricter carry laws. I have to choose to either leave my firearm at home or unholster it, unload it, and lock it up in my trunk when passing from Missouri into Illinois.

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(Photo by iStock Photo)

The logical solution to the problem is national concealed carry reciprocity. Legislation proposing carry reciprocity has been introduced several times in Congress. However, we might be closer to seeing it become a reality than ever before.

A national right-to-carry reciprocity bill is currently under consideration in Congress. Both sides of the debate are speaking out loudly on the proposition. The current proposal, HR 38, has gained a lot of support from gun-rights advocates. However, anti-gun advocates are dead set against it and are pushing hard to see the measure killed.

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Proposal HR 38

HR 38 states: 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.”

The logical solution to the problem is national concealed carry reciprocity.
(Photo by iStock Photo)

Last month, the gun-rights group Gun Owners of America (GOA) sent out a national alert to members. The letter encourages them to sign a letter to Congress insisting that the measure be approved.

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“HR 38 would finally ensure that your concealed carry permit is honored in every state across the country, just like your ability to drive a car,” the alert stated. “No more worrying about crossing state lines and becoming a felon simply for exercising your right to self-defense.”

Gun-Banners on the Defensive

Of course, gun-ban groups have taken the other side. That includes so-called Everytown for Gun Safety, which cares more about banning guns than actual gun safety.

“Lawmakers in Congress are proposing a dangerous bill that would create a federal concealed carry mandate, also known as concealed carry reciprocity,” the group posted on its website.

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“This legislation would force each state to allow people from other states to carry hidden, loaded guns in public, even states that wouldn’t otherwise let them; make it more difficult for police officers in one state to enforce their state and local gun safety laws against people from other states; and override commonsense state gun laws that help protect communities from gun violence.”

Additionally, two of the nation’s top law enforcement unions recently came out strongly against the proposal. They even wrote a letter to Congress asking lawmakers to vote against the measure. 

“The National Fraternal Order of Police and the International Association of Chiefs of Police, which collectively represent a majority of rank-and-file officers and police executives, have serious reservations about the impact this legislation would have on officer safety, officer liability, qualified immunity, and state and local gun safety laws,” the letter stated.

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Legislation proposing national concealed carry reciprocity has been introduced several times in Congress. However, we might be closer to seeing it become a reality than ever before.

Gun Owners of America Responds

GOA quickly debunked all of the unions’ claims in a letter written by GOA President Tim Macy to U.S. House Speaker Mike Johnson.

“After decades of unconstitutional attacks, the Constitutional Concealed Carry Reciprocity Act is necessary to restore the Second Amendment right to carry a firearm for self-defense nationwide and without fear of harassment by law enforcement in anti-gun states,” Macy wrote in the letter. 

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“The FOP supports nearly identical protections for law enforcement to carry firearms nationwide, yet it opposes those same protections for ordinary Americans here. That smacks of hypocrisy and elitism. ‘Shall not be infringed’ does not just apply to law enforcement—it is the God-given, constitutionally protected right of the People!”

Will We See National Concealed Carry Reciprocity?

Whether Congress will actually be able to pass the law with strong Democratic opposition is yet to be seen. Fortunately, President Donald Trump said during the campaign that he would sign a reciprocity bill if passed. And recently, he again indicated support.

At an October FBI news briefing, a reporter brought up the topic, asking the president: “Will there be a further conversation to have national concealed carry applied to our actual D.C., like if you had a driver’s license for Texas and you had a permit, of course you could drive…”

The president replied, “Well, as you know, they have been talking about that for a long time. It’s an interesting question. A lot of people feel strongly both ways. We are talking about that.”

If the measure is going to be passed, it must be soon. With the possibility of Democrats capturing one or both houses of Congress in the 2026 midterms, now is the time to get this important law on the books.

With the possibility of Democrats capturing one or both houses of Congress in the 2026 midterms, now is the time to get this important law on the books.

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