Congress is finally moving to end America’s patchwork of gun laws that punish law-abiding citizens who cross a state line with a legally-owned firearm.
At a Glance
- Congress has advanced H.R. 38 (Constitutional Concealed Carry Reciprocity Act) to allow permit holders to carry firearms across state lines
- H.R. 2184 (Firearm Due Process Protection Act) addresses NICS background check errors and requires resolution of appeals within 60 days
- The NRA considers H.R. 38 “the most monumental win for gun rights in Congress since 2005”
- President Trump has promised to sign concealed carry reciprocity: “Your Second Amendment does not end at the state line”
Major Second Amendment Victories Advance in House
With a pro-gun House, Senate, and President Trump at the helm, Second Amendment supporters have reason to celebrate as two critical gun rights bills move forward in Congress. The House Judiciary Committee has advanced H.R. 38, the Constitutional Concealed Carry Reciprocity Act, and H.R. 2184, the Firearm Due Process Protection Act, marking significant progress for gun owners nationwide. These legislative proposals address long-standing concerns of lawful gun owners regarding inconsistent state regulations and administrative errors in the background check system.
H.R. 38 passed the committee on a party-line vote of 18-9, reflecting the deep partisan divide on gun issues despite the constitutional basis for the legislation. This bill would establish a federal framework for national reciprocity, allowing legal concealed carry permit holders to exercise their Second Amendment rights across state lines without fear of inadvertently breaking varying local laws. The legislation would override most state and local restrictions that conflict with its protections, though private entities and governments could still restrict firearms on their property.
NRA Hails Historic Opportunity for Gun Rights
John Commerford, an NRA legislative expert, has emphasized the historic nature of this legislation, stating that it would be a landmark victory for Second Amendment advocates. The current patchwork of state laws creates potentially devastating legal traps for law-abiding gun owners who cross state lines. Under the current system, a person with a valid concealed carry permit from one state could face felony charges simply for traveling through another state with different regulations.
“The right of self-defense shouldn’t end simply because you cross the state line,” said John Commerford. “Passage of H.R. 38 — concealed carry reciprocity — would be the most monumental win for gun rights in Congress since 2005, when the Protection of Lawful Commerce and Arms Act was passed.”
The H.R. 38 push aligns with President Trump’s campaign promises to protect Second Amendment rights. Trump has been unequivocal in his support for national concealed carry reciprocity, having pledged during his campaign, “I will sign concealed carry reciprocity. Your Second Amendment does not end at the state line.” With a supportive executive branch, the chances for these bills to be signed into law have never been better, though they still face potential challenges in the legislative process.
“This legislation eliminates the confusing patchwork of laws surrounding concealed carry permits that vary from state-to-state, particularly with regard to states where laws make unwitting criminals out of legal permit holders for a simple mistake of a wrong traffic turn,” stated NSSF’s Larry Keane.
Addressing Background Check Due Process
While H.R. 38 has received the most attention, H.R. 2184, the Firearm Due Process Protection Act, addresses another critical issue for gun owners. This bill, which passed by voice vote in committee, tackles problems within the National Instant Criminal Background Check System (NICS) that have denied law-abiding citizens their right to purchase firearms due to errors or delays. The legislation requires federal officials to resolve appeals of denied firearm purchases within 60 days, with court intervention available if the deadline isn’t met.
H.R. 2184 is expected to garner bipartisan support due to its focus on procedural fairness rather than expanding gun rights per se. Currently, individuals wrongly denied firearm purchases through NICS face an indefinite appeal process with no mandated timeline for resolution. This bill would ensure that law-abiding citizens aren’t indefinitely deprived of their constitutional rights due to administrative errors or bureaucratic delays.
Opposition and Path Forward
Despite strong support from gun rights advocates, both bills face significant opposition from gun control groups who argue they would undermine state-level gun restrictions. Critics like Emma Brown have expressed concerns that the legislation “is a dramatic infringement on states’ rights and would be disastrous for gun crime and law enforcement safety in our country.” However, supporters counter that the legislation respects the constitutional right to bear arms while providing reasonable accommodations for public safety.
“Our Second Amendment right does not disappear when we cross invisible state lines, and this commonsense legislation guarantees that,” said Rep. Hudson, sponsor of H.R. 38.
Both bills will now advance to consideration by the full House of Representatives, where Republicans hold a majority. If passed, they will move to the Senate, where they may face more significant challenges. However, with President Trump’s support and growing momentum behind Second Amendment protections, advocates are optimistic about their chances. The advancement of these bills represents a significant step toward fulfilling Republican promises to protect constitutional rights and respond to the priorities of gun owners across America.
