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National Gun-Carry Reciprocity Bill Moves to Mark Up in the House

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  • NavyVet1959

    Curmudgeon Extraordinaire
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    Jun 14, 2014
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    Texas, ya'll
    Helo everyone . First time poster. Wanted to comment on HR38. As a licensed peace officer under the LEOSA I already have « national carry reciprocity » so this bill is pointless to me. But...I do see the huge benefits to the average civilian with a state issued permit. My problem as an officer is going to be in enforcement. Does this mean that ALL STATES are going to put their CHL liscensees in NCIC? What if they don’t? How can an officer VERIFY the individuals status? What about non-resident liscenses? There are far too many questions right now that I see going south without direct wording in the bill to protect BOTH the licensed person and the officer at the scene of a stop.

    Oh, you *think* you have national carry reciprocity under LEOSA, but don't bet on it if you are going to one of those rabidly anti-2nd-Amendment states. I remember awhile back a case where a LEO was traveling through one of the NYC area airports and he got detained (maybe even arrested).

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

    So, basically, if it looks like it might be valid, LEOs have to assume that it *is* valid. I will admit though that the CHLs from some states don't really look that professional. My Nevada one looks more like a corporate ID card than something a state would produce for a form of identification.
     

    NavyVet1959

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    Good question: it can put officers at risk in cases where licenses have been suspended or revoked and without the individual specific license being placed into NCIC then how would the officer know that. Imagine an officer in Iowa pulling over a citizen from Florida while he was traveling to Montana? How would the officer know that citizen was just arrested and out on bail and that his Florida license was suspended?

    A better question would be why should the officer even *care*. If the person wasn't doing anything that would result in him being arrested, why should the officer go *looking* for something to arrest the guy for? What's next? Do you think that the officer should be allowed to do a search of every car that passes through his jurisdiction? Sorry, but most of us don't want to live in a police state.
     

    Wedge1

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    You asked, so here’s your answer:
    Officer makes a traffic stop for a violation. « Sir, I stopped you for running red might. Do you have your license and registration and proof of liability insurance on you? ». Yes, sir right here in the glove box. But before I reach over and get it I want to let you know I am armed and my weapon is in the middle console beside my wallet.
    Officer: « no problem, just please don’t touch it while I am with you on this traffic stop ».
    Also, antes to let you know I have a CCW permit from Florida and I handed it to you with my DL and insurance.
    Officer: « thanks be right back and if all goes well you’ll likely not get a ticket. »

    Officer returns from patrol car: « sir, your driver license is suspended and your insurance is out of date. Please step to the rear of your car. Please leave the gun in the console. ».

    Off to the county jail we go! Why? Simple...you’ve decided to commit an offense and with full knowledge that we all know it’s ilkegsk to drive with suspended DL and no insurance.

    As for the gun we now have an arrested person and also need to secure the weapon. No jurisdiction in the country will let an officer tow a car with a known weapon inside. So we secure the weapon for temporary custody to give back to you when you bond out. But we also need to run your CCW to also make sure it’s not suspended because everything else in your life clearly already is!!!! Lol.

    Now
    Make sense??
     

    Wedge1

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    Because for police officers where is a side piece of info in this legislation. The HR38 also has a small part that says that actually ice and retired LEOs would be completely exempt from any school zone exclusion laws!! On or off duty. Active or retired.
     

    easy rider

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    Jun 10, 2015
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    It looks like the Air Force had the legal obligation to report his domestic violence abuse (a UCMJ) conviction to the FBI - which the Air Force failed to do. So rather than “fix” a very specific problem, the Congress proceeds to try to come up with some ‘blanket solution’ that will cover all situations in all cases - (IOW, gun control). Cornyn’s has his ego wrapped up in this and now won’t pull his support from what has the very real potential to become a very bad backdoor gun control law!

    It’s the ultimate “Unintended Consequences” (like the book by John Ross). If anybody calls themselves “a gun guy” and you haven’t read that book: shame on you! (I think you can find a link to find a free download of the entire book - a book worth reading IMHO).
    There is already a law to cover what the gov't is supposed to do for NICS.

    As far as that book goes, I did enjoy it, although I don't totally go along with the fictional part of it, but it does explain a lot of what the gun laws of the past were all about and where it's leading.
     

    NavyVet1959

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    Because for police officers where is a side piece of info in this legislation. The HR38 also has a small part that says that actually ice and retired LEOs would be completely exempt from any school zone exclusion laws!! On or off duty. Active or retired.

    And that same thing should apply to everyone else. Here in Texas, if you have a CHL (even an out-of-state one), you can carry at the Capitol and watch the legislators debate proposed legislation. But you cannot carry at a school sponsored activity?
     

    Southpaw

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    Mar 30, 2009
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    Guadalupe Co.
    The mention of H. Res. 645 on that page is what I'm wondering about. That's what the Congressman said the number of the merger is.

    Read that too...

    Sets forth the rule for consideration of the bill (H.R. 38) 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.
     

    NavyVet1959

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    Jun 14, 2014
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    My wife has some friends up on MA that want me to visit the next time she comes up there. The husband used to work for one of the firearm manufacturers up there as a factory representative and actually has had a CHL there for *many* years. I've told him that since MA doesn't recognize my CHL, I'll have to pass. If this bill passes, maybe I'll finally get a chance to go up there.
     
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