The National Right to Keep and Bear Arms and Reciprocity Act
Section 1: Title
This Act shall be known as the “National Right to Keep and Bear Arms and Reciprocity Act.”
Section 2: Findings and Purposes
(a) Findings:
- The Second Amendment to the United States Constitution guarantees the individual right to keep and bear arms.
- There is a need for a consistent and uniform national policy regarding the carrying of concealed firearms across state lines.
- Current inconsistencies in state laws create confusion and legal difficulties for law-abiding citizens who wish to exercise their Second Amendment rights when traveling between states.
- The United States Supreme Court has ruled that law enforcement officers are not constitutionally obligated to protect individual citizens (DeShaney v. Winnebago County Department of Social Services, 1989; Town of Castle Rock v. Gonzales, 2005), thereby reinforcing the importance of individual self-defense.
(b) Purposes:
- To protect the constitutional right of law-abiding citizens to keep and bear arms.
- To establish national reciprocity for concealed carry permits, ensuring that individuals who are authorized to carry concealed firearms in one state can legally carry them in other states.
- To promote public safety by ensuring that individuals carrying concealed firearms across state lines are subject to consistent regulations.
Section 3: Right to Keep and Bear Arms
(a) Individual Right:
- The right of the people to keep and bear arms shall not be infringed. This right extends to all law-abiding citizens of the United States, without undue burden from federal, state, or local governments.
- Any federal, state, or local law that imposes an undue burden on the right to keep and bear arms shall be subject to strict scrutiny and may be invalidated unless it serves a compelling governmental interest and is narrowly tailored to achieve that interest.
Section 4: National Reciprocity for Concealed Carry
(a) Reciprocity:
- A person who is not prohibited by federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a valid government-issued photo identification and a valid concealed carry permit or license issued by any state, may carry a concealed firearm in any state that permits the carrying of concealed firearms.
- This section does not preempt any state law that permits private persons or entities to prohibit or restrict the possession of concealed firearms on their property.
(b) Requirements for Concealed Carry Permits:
- For the purposes of national reciprocity, a concealed carry permit or license issued by a state shall be recognized by all other states if the issuing state verifies that the permit holder has met the following criteria:
- The permit holder is at least 21 years of age or meets the minimum age requirement of the issuing state.
- The permit holder has undergone a background check as part of the permit issuance process.
- The permit holder has received firearm safety training or demonstrated competence with a firearm.
Section 5: Enforcement and Penalties
(a) Penalties for Violation:
- Any government official or agency found to be in violation of this Act by unduly infringing upon the right to keep and bear arms or failing to recognize a valid concealed carry permit or license under the reciprocity provisions shall be subject to appropriate legal action, including injunctive relief and damages.
Section 6: Severability
If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.
Section 7: Effective Date
This Act shall take effect 180 days after the date of its enactment.
