The House of Representatives has on deck this week, a bill known as the Concealed Carry Reciprocity Act. This bill says, in part, that a concealed carry permit issued by a citizen’s state of residence must be honored by the rest of the several states. It imposes limitations on this reciprocity in the case of people who are not eligible to possess a firearm under federal law (felons), those who are dangerously mentally ill, domestic abusers, and those who have several other disqualifying factors.
Suddenly the Democrats find themselves standing up as the party of state’s rights and the Republicans are the party pushing for federal law to supersede the will of states like New York, New Jersey, and Maryland, so called “may issue” states, where concealed permits are virtually impossible to get for the average citizen. Given the way the law is written, as an American citizen residing in the State of Maryland, this bill, if passed, does precisely nothing to allow me to carry concealed either within Maryland or in any other state. It does mean that residents of Pennsylvania, Delaware, or the District could carry their firearm concealed into the state based on permits issued by those jurisdictions.
I don’t buy that this should be a state’s rights issue any more than I buy that argument when it’s used in opposition any other Constitutionally protected right – same sex marriage, for example. The Constitution should apply equally to all people regardless of the state in which they reside – and that’s why I have a hard time supporting the CCRA.
From my vantage point here in Maryland, it creates a condition under federal law where a resident three miles away in Delaware is allowed to exercise a Constitutional right that I, living in Maryland, cannot. The solution in this case isn’t to overlay the current patchwork of state permits with another layer of federal law. The solution is for federal law to recognize that all citizens, with limitations spelled out clearly for felons, the mentally ill, etc, have the same rights and standing under the Constitution. The solution is for the Congress to recognize the inherent right to self-defense found in the 2nd Amendment and clarified by the Supreme Court’s Heller decision and legislate accordingly.
My reading is the CCRA is a half measure that adds complexity rather than clarity.