United States 115th Congress Status: Passed House Bipartisan · 210 R · 3 D · 1 I cosponsors

HR 38 — Concealed Carry Reciprocity Act of 2017

Last action — Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Concealed Carry Reciprocity Act of 2017 TITLE I--CONCEALED CARRY RECIPROCITY ACT OF 2017 (Sec. 101) This bill amends the federal criminal code to allow a qualified individual to carry a concealed handgun into or possess a concealed handgun in another state that allows individuals to carry concealed firearms. A qualified individual must: (1) be eligible to possess, transport, or receive a firearm under federal law; (2) carry a valid photo identification document; and (3) carry a valid concealed carry permit issued by any state or be eligible to carry a concealed firearm in his or her state of residence. Additionally, the bill specifies that a qualified individual who lawfully carries or possesses a concealed handgun in another state: (1) is not subject to the federal prohibition on possessing a firearm in a school zone, and (2) may carry or possess the concealed handgun in federally owned lands that are open to the public. (Sec. 102) This bill does not prohibit a law enforcement officer with reasonable suspicion of a violation of any law from conducting a brief investigative stop in accordance with the U.S. Constitution. (Sec. 103) It specifies that certain retired and off-duty law enforcement officers who are authorized to carry concealed firearms are not subject to the federal prohibitions on possessing or discharging a firearm in a school zone. (Sec. 104) It permits a federal judge to carry a concealed firearm in any state if the judge is not prohibited from receiving a firearm under federal law. TITLE II--FIX NICS ACT Fix NICS Act of 2017 (Sec. 202) This bill amends the Brady Handgun Violence Prevention Act to require each federal agency and department, including a federal court, to: certify whether it has provided to the National Instant Criminal Background Check System (NICS) disqualifying records of persons prohibited from receiving or possessing a firearm, and establish and substantially comply with an implementation plan to maximize record submissions and verify their accuracy. (Sec. 203) The bill amends the NICS Improvement Amendments Act of 2007 to modify the NICS Act Record Improvement Program (NARIP). Specifically, it: establishes a domestic abuse and violence prevention initiative as a priority area for NARIP grant funding, and creates a funding preference for states that establish an implementation plan and use grant funds to upload felony conviction and domestic violence records. (Sec. 204) It amends the Crime Identification Technology Act of 1998 to modify the National Criminal History Improvement Program (NCHIP). Specifically, it: specifies that facilitating full participation in the NICS, as an allowable use of NCHIP grant funds, includes increasing efforts to pre-validate felony conviction and domestic violence records to expedite eligibility determinations; and permits the federal share of a grant to exceed 90% of program costs if a state complies with its implementation plan. (Sec. 205) This section amends the NICS Improvement Amendments Act of 2007 to: direct the Department of Justice (DOJ), in coordination with each state or tribal government, to establish an implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the NICS; require DOJ to conduct, and publish the results of, compliance determinations for state and tribal governments; give preference to certain discretionary grant applicants that substantially comply with an implementation plan; and require the NICS to notify law enforcement agencies when a firearm is transferred to a person who is subsequently determined to be prohibited from receiving or possessing a firearm. (Sec. 206) DOJ's Bureau of Justice Assistance must report to Congress on the use of bump stocks in the commission of crimes, including the number of instances and the types of firearms. (Sec. 207) The bill authorizes appropriations for FY2018-FY2022 to carry out activities under this title.

Bill Text

What changed in the latest version

5 added · 1 removed

Plain-language change summary

The text now includes a reference to the bill being received in the Senate, read twice, and referred to the Committee on the Judiciary. It also removes a note about the bill being engrossed in the House. This change indicates that the bill has progressed to the Senate for further consideration.

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38 Engrossed in House (EH)] <DOC> 115th CONGRESS 1st Session H.
38 Referred in Senate (RFS)] <DOC> 115th CONGRESS 1st Session H.
38 _______________________________________________________________________ AN ACT 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.
38 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES December 7, 2017 Received;
read twice and referred to the Committee on the Judiciary _______________________________________________________________________ AN ACT 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.
Clerk.
KAREN L.
115th CONGRESS 1st Session H.
HAAS, Clerk.
R.
38 _______________________________________________________________________ AN ACT 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.
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How this bill changes current law

2 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds provisions for the interstate carrying of concealed firearms and enhances accountability for federal departments regarding record submissions under the Brady Handgun Violence Prevention Act.

  • 34 U.S.C. 40901

    ``(F) Semiannual certification and reporting.-- ``(i) In general.--The head of each Federal department or agency shall submit a semiannual written certification to the Attorney General indicating whether the department or agency is in compliance with the record submission requirements under subparagraph (C). ``(ii) Submission dates.--The head of a Federal department or agency shall submit a certification to the Attorney General under clause (i)-- ``(I) not later than July 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on January 1 of the year and ending on June 30 of the year; and ``(II) not later than January 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on July 1 of the previous year and ending on December 31 of the previous year.

    This amendment requires federal agencies to provide semiannual certifications regarding their compliance with record submission requirements.

  • 34 U.S.C. 40901

    ``(G) Implementation plan.-- ``(i) In general.--Not later than 1 year after the date of enactment of this subparagraph, the head of each Federal department or agency, in coordination with the Attorney General, shall establish a plan to ensure maximum coordination and automated reporting or making available of records to the Attorney General as required under subparagraph (C), and the verification of the accuracy of those records, including the pre-validation of those records, where appropriate, during a 4-year period specified in the plan. The head of each Federal department or agency shall update the plan biennially, to the extent necessary, based on the most recent biennial assessment under subparagraph (K). The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code.

    This amendment mandates federal agencies establish an implementation plan for reporting and ensuring the accuracy of records related to firearm possession.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on the Judiciary.

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

  5. Committee Consideration and Mark-up Session Held.

  6. Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 11.

  7. Reported (Amended) by the Committee on Judiciary. H. Rept. 115-433.

  8. Reported (Amended) by the Committee on Judiciary. H. Rept. 115-433.

  9. Placed on the Union Calendar, Calendar No. 320.

  10. Rules Committee Resolution H. Res. 645 Reported to House. Rule provides for consideration of H.R. 38 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

  11. Rule H. Res. 645 passed House.

  12. Considered under the provisions of rule H. Res. 645. (consideration: CR H9685-9703)

  13. Rule provides for consideration of H.R. 38 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.

  14. DEBATE - The House proceeded with one hour of debate on H.R. 38.

  15. The previous question was ordered pursuant to the rule.

  16. Mr. Thompson (CA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H9701)

  17. DEBATE - The House proceeded with 10 minutes of debate on the Thompson (CA) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to prohibit an individual who has been convicted of a violent crime within the preceding three years from possessing or carrying a concealed handgun in a State that by law prohibits a person from doing so on the basis of a conviction for such offense. The amendment also outlines what is considered a violent crime, and a conviction.

  18. The previous question on the motion to recommit with instructions was ordered without objection.

  19. On motion to recommit with instructions Failed by the Yeas and Nays: 190 - 236 (Roll no. 662).

  20. Passed/agreed to in House: On passage Passed by recorded vote: 231 - 198 (Roll no. 663).(text: CR H9685-9688)

  21. On passage Passed by recorded vote: 231 - 198 (Roll no. 663). (text: CR H9685-9688)

  22. Motion to reconsider laid on the table Agreed to without objection.

  23. Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 213 co-sponsors · 333 not signed on

Sponsors (1)

Co-sponsors (213)

Not signed on (333)

333 members have not signed on to this bill.

Show all 333 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 38 do?
Concealed Carry Reciprocity Act of 2017 TITLE I--CONCEALED CARRY RECIPROCITY ACT OF 2017 (Sec. 101) This bill amends the federal criminal code to allow a qualified individual to carry a concealed handgun into or possess a concealed handgun in another state that allows individuals to carry concealed firearms. A qualified individual must: (1) be eligible to possess, transport, or receive a firearm under federal law; (2) carry a valid photo identification document; and (3) carry a valid concealed carry permit issued by any state or be eligible to carry a concealed firearm in his or her state of residence. Additionally, the bill specifies that a qualified individual who lawfully carries or possesses a concealed handgun in another state: (1) is not subject to the federal prohibition on possessing a firearm in a school zone, and (2) may carry or possess the concealed handgun in federally owned lands that are open to the public. (Sec. 102) This bill does not prohibit a law enforcement officer with reasonable suspicion of a violation of any law from conducting a brief investigative stop in accordance with the U.S. Constitution. (Sec. 103) It specifies that certain retired and off-duty law enforcement officers who are authorized to carry concealed firearms are not subject to the federal prohibitions on possessing or discharging a firearm in a school zone. (Sec. 104) It permits a federal judge to carry a concealed firearm in any state if the judge is not prohibited from receiving a firearm under federal law. TITLE II--FIX NICS ACT Fix NICS Act of 2017 (Sec. 202) This bill amends the Brady Handgun Violence Prevention Act to require each federal agency and department, including a federal court, to: certify whether it has provided to the National Instant Criminal Background Check System (NICS) disqualifying records of persons prohibited from receiving or possessing a firearm, and establish and substantially comply with an implementation plan to maximize record submissions and verify their accuracy. (Sec. 203) The bill amends the NICS Improvement Amendments Act of 2007 to modify the NICS Act Record Improvement Program (NARIP). Specifically, it: establishes a domestic abuse and violence prevention initiative as a priority area for NARIP grant funding, and creates a funding preference for states that establish an implementation plan and use grant funds to upload felony conviction and domestic violence records. (Sec. 204) It amends the Crime Identification Technology Act of 1998 to modify the National Criminal History Improvement Program (NCHIP). Specifically, it: specifies that facilitating full participation in the NICS, as an allowable use of NCHIP grant funds, includes increasing efforts to pre-validate felony conviction and domestic violence records to expedite eligibility determinations; and permits the federal share of a grant to exceed 90% of program costs if a state complies with its implementation plan. (Sec. 205) This section amends the NICS Improvement Amendments Act of 2007 to: direct the Department of Justice (DOJ), in coordination with each state or tribal government, to establish an implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the NICS; require DOJ to conduct, and publish the results of, compliance determinations for state and tribal governments; give preference to certain discretionary grant applicants that substantially comply with an implementation plan; and require the NICS to notify law enforcement agencies when a firearm is transferred to a person who is subsequently determined to be prohibited from receiving or possessing a firearm. (Sec. 206) DOJ's Bureau of Justice Assistance must report to Congress on the use of bump stocks in the commission of crimes, including the number of instances and the types of firearms. (Sec. 207) The bill authorizes appropriations for FY2018-FY2022 to carry out activities under this title.
Who sponsors HR 38?
HR 38 is sponsored by Hudson, Richard (Republican), Smith, Jason (Republican), Abraham, Ralph Lee (Republican), Cuellar, Henry (Democratic), Gaetz, Matt (Republican), Holding, George (Republican), King, Steve (Republican), LaMalfa, Doug (Republican), Palmer, Gary J. (Republican), Wagner, Ann (Republican), Kinzinger, Adam (Republican), Rooney, Thomas J. (Republican), Walker, Mark (Republican), Pittenger, Robert (Republican), Aderholt, Robert B. (Republican), Carter, Earl L. "Buddy" (Republican), Graves, Tom (Republican), Rogers, Mike D. (Republican), Hensarling, Jeb (Republican), Lamborn, Doug (Republican), Cramer, Kevin (Republican), Cook, Paul (Republican), Westerman, Bruce (Republican), Chabot, Steve (Republican), Walorski, Jackie (Republican), Mullin, Markwayne (Republican), Palazzo, Steven M. (Republican), Franks, Trent (Republican), Hice, Jody B. (Republican), Meadows, Mark (Republican), Wenstrup, Brad R. (Republican), Williams, Roger (Republican), Smith, Lamar (Republican), Huizenga, Bill (Republican), Amodei, Mark E. (Republican), Hunter, Duncan D. (Republican), Farenthold, Blake (Republican), Jenkins, Evan H. (Republican), Emmer, Tom (Republican), Roe, David P. (Republican), Tipton, Scott R. (Republican), Johnson, Bill (Republican), DesJarlais, Scott (Republican), Hartzler, Vicky (Republican), Duncan, Jeff (Republican), Zeldin, Lee M. (Republican), Yoho, Ted S. (Republican), Sanford, Mark (Republican), Brat, Dave (Republican), Peterson, Collin C. (Democratic), Duffy, Sean P. (Republican), Yoder, Kevin (Republican), Buchanan, Vern (Republican), Cole, Tom (Republican), Newhouse, Dan (Republican), Turner, Michael R. (Republican), Brooks, Mo (Republican), Katko, John (Republican), Ratcliffe, John (Republican), Hill, J. French (Republican), Olson, Pete (Republican), Harper, Gregg (Republican), Buck, Ken (Republican), Diaz-Balart, Mario (Republican), Bilirakis, Gus M. (Republican), Dunn, Neal P. (Republican), Bishop, Rob (Republican), Barr, Andy (Republican), Latta, Robert E. (Republican), Rouzer, David (Republican), Love, Mia B. (Republican), Gosar, Paul A. (Republican), Shimkus, John (Republican), Grothman, Glenn (Republican), Bucshon, Larry (Republican), Taylor, Scott (Republican), Kelly, Mike (Republican), Comstock, Barbara (Republican), Harris, Andy (Republican), Perry, Scott (Republican), Knight, Stephen (Republican), Herrera Beutler, Jaime (Republican), Bost, Mike (Republican), Gibbs, Bob (Republican), Cheney, Liz (Republican), Culberson, John Abney (Republican), Simpson, Michael K. (Republican), Comer, James (Republican), Gohmert, Louie (Republican), Valadao, David G. (Republican), Sessions, Pete (Republican), Posey, Bill (Republican), Garrett, Thomas A., Jr. (Republican), McHenry, Patrick T. (Republican), Gowdy, Trey (Republican), Crawford, Eric A. "Rick" (Republican), Kelly, Trent (Republican), Pearce, Stevan (Republican), Black, Diane (Republican), Ross, Dennis A. (Republican), Davis, Rodney (Republican), Joyce, David P. (Republican), Brooks, Susan W. (Republican), Rutherford, John H. (Republican), Rooney, Francis (Republican), Budd, Ted (Republican), Young, David (Republican), Noem, Kristi L. (Republican), Conaway, K. Michael (Republican), Wilson, Joe (Republican), Carter, John R. (Republican), Duncan, John J., Jr. (Republican), Rokita, Todd (Republican), Marshall, Roger (Republican), Banks, Jim (Republican), Renacci, James B. (Republican), Hultgren, Randy (Republican), Young, Don (Republican), Burgess, Michael C. (Republican), Thompson, Glenn (Republican), Mitchell, Paul (Independent), Johnson, Mike (Republican), Bishop, Mike (Republican), Walberg, Tim (Republican), Collins, Chris (Republican), Barletta, Lou (Republican), Denham, Jeff (Republican), Wittman, Robert J. (Republican), Byrne, Bradley (Republican), Allen, Rick W. (Republican), Stivers, Steve (Republican), Womack, Steve (Republican), McSally, Martha (Republican), Stefanik, Elise M. (Republican), Biggs, Andy (Republican), Shuster, Bill (Republican), DeSantis, Ron (Republican), LaHood, Darin (Republican), Luetkemeyer, Blaine (Republican), Thornberry, Mac (Republican), Messer, Luke (Republican), Faso, John J. (Republican), Smucker, Lloyd (Republican), Kustoff, David (Republican), Tenney, Claudia (Republican), Guthrie, Brett (Republican), Marchant, Kenny (Republican), Rothfus, Keith J. (Republican), Johnson, Sam (Republican), Rice, Tom (Republican), Hollingsworth, Trey (Republican), Jordan, Jim (Republican), Babin, Brian (Republican), Ferguson, A. Drew (Republican), Brady, Kevin (Republican), McKinley, David B. (Republican), Higgins, Clay (Republican), Mooney, Alexander X. (Republican), Marino, Tom (Republican), MacArthur, Thomas (Republican), Fleischmann, Charles J. "Chuck" (Republican), Scott, Austin (Republican), Moolenaar, John R. (Republican), Reed, Tom (Republican), Smith, Adrian (Republican), Murphy, Tim (Republican), McCaul, Michael T. (Republican), Flores, Bill (Republican), Bergman, Jack (Republican), Poe, Ted (Republican), Bishop, Sanford D. (Democratic), Weber, Randy K. Sr. (Republican), Stewart, Chris (Republican), Lucas, Frank D. (Republican), Chaffetz, Jason (Republican), Bridenstine, Jim (Republican), Royce, Edward R. (Republican), Long, Billy (Republican), Loudermilk, Barry (Republican), Blackburn, Marsha (Republican), Dent, Charles W. (Republican), Blum, Rod (Republican), Roby, Martha (Republican), Nunes, Devin (Republican), Barton, Joe (Republican), McClintock, Tom (Republican), Granger, Kay (Republican), Labrador, Raul R. (Republican), Walters, Mimi (Republican), Arrington, Jodey C. (Republican), Poliquin, Bruce (Republican), Estes, Ron (Republican), Jones, Walter B., Jr. (Republican), Lewis, Jason (Republican), Graves, Sam (Republican), Walden, Greg (Republican), Schweikert, David (Republican), Bacon, Don (Republican), Collins, Doug (Republican), Rogers, Harold (Republican), Coffman, Mike (Republican), Jenkins, Lynn (Republican), Gianforte, Greg (Republican), Norman, Ralph (Republican), Trott, David A. (Republican), Calvert, Ken (Republican), Webster, Daniel (Republican), Issa, Darrell (Republican), Handel, Karen C. (Republican), Goodlatte, Bob (Republican), Davidson, Warren (Republican), Gallagher, Mike (Republican), Rohrabacher, Dana (Republican), and Curtis, John R. (Republican).
What is the current status of HR 38?
This bill died with 115th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 38?
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