As Congress haggles over spending packages and election-year promises, one bill presents a rare chance to advance a top constitutional priority for President Trump and millions of Americans: H.R. 38, Rep. Richard Hudson’s “Constitutional Concealed Carry Reciprocity Act.” Perhaps unsurprisingly, this well-intentioned bill -- which has passed the Judiciary Committee and now awaits a full House vote sometime this year – doesn’t yet live up to the name.
The aim of H.R. 38 is to enable law-abiding Americans to exercise their Second Amendment rights by carrying handguns across state lines. With the right fixes, it could do just that – and become the first meaningful protection of the right to bear arms ever enacted by Congress. But today’s version falls far short of its goal, and there’s a Texas-sized gap between what this bill says and what Americans need to safely exercise their Second Amendment rights throughout the country.
First, just last week, Republican attorneys general from 24 states urged House leaders to pass H.R. 38. But their own letter unintentionally highlighted why a few critical issues must be fully resolved before H.R. 38 could genuinely be considered a real victory for Second Amendment rights. As these top lawyers explained it, “States [and local governments] are free under H.R. 38 to establish independent requirements for any concealed carry credential issued by the state and make publicly owned property off-limits to carry.” That’s true. And it’s part of the problem.
Unless H.R. 38 is fixed, states and local governments could expand so-called “gun-free” zones, completely ban carry on all public property, and impose thousands of different rules and restrictions. Gun owners, assuming they are covered, could be arrested and prosecuted for parking at a rest stop, walking in a park, or driving near a school while otherwise legally armed, which is a significant risk in places like California, Illinois, and New York, where anti-gun prosecutors are eager to make examples of good people.
Second, under H.R. 38, a gun owner could face arrest and prosecution simply for forgetting their wallet or purse. Indeed, even if they have a valid ID and carry license, not having paperwork on-hand could mean a felony record and lifetime loss of rights. That’s not freedom; it’s “papers, please” insanity. Congress needs to fix this problem and make sure law-abiding people aren’t jailed for a simple and common mistake.
Third, H.R. 38 would only cover one handgun, one magazine, and the ammunition loaded into them. Having an extra magazine, a backup gun, or even a single loose round under a floormat would put gun owners at risk of serious criminal liability. Unfortunately, most people won’t know that until it’s too late. This too needs to be corrected before the bill moves to a floor vote.
Fixing and passing H.R. 38 is important to everyone, even gun owners in so-called “constitutional carry” states where permits aren’t required to carry in public. That’s because, for example, current federal law criminalizes carry in an unmarked “gun-free zone” within 1,000 feet of a school unless you have a license issued by that exact state. Right now, a gun owner living in Amarillo, Texas, could need as many as eight separate carry licenses just to drive their family to Disney World while armed to protect them. And face prison time if they don’t.
H.R. 38 is supposed to enable law-abiding Americans to exercise their rights. Instead, it hands George Soros-backed prosecutors loopholes they will drive a truck through and right over gun owners. And the only practical way to avoid violating federal law is to fix and pass H.R. 38. Without it, Americans could need up to 51 different licenses – each with its own application, fee, training, and renewal process – to legally exercise one constitutionally protected freedom enshrined in the Bill of Rights. This is not only absurd, but also fundamentally un-American.
But here’s the good news. With the right changes, H.R. 38 can become the strong, pro–Second Amendment law that gun owners need it to be. Congress should amend this bill to fully address these problems then deliver it to the President’s desk for his signature before this critical opportunity slips away.
Republicans have a generational opportunity to deliver on their promise to protect Second Amendment rights. If our elected leaders are serious about securing the Second Amendment’s right to bear arms, now is the time to act. Congress must fix and H.R. 38 to protect law-abiding gun owners without delay.
Brandon Combs is the Founder and President of Firearms Policy Coalition (FPC), a 501(c)4 nonprofit membership organization, dedicated to advancing human liberty, defending constitutional rights, advancing individual liberty, and restoring freedom.
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