The nation’s two biggest police organizations are urging Congress to reject a bill that would make concealed carry permits valid in all 50 states.
The National Fraternal Order of Police and the International Association of Chiefs of Police sent a letter to lawmakers asking them to vote against the Constitutional Concealed Carry Reciprocity Act. The bill, known as H.R. 38, is sponsored by Rep. Richard Hudson and would treat any state’s concealed carry license as valid everywhere in America.
But the police groups have serious problems with it.
According to their letter, the legislation creates a major issue for officers trying to do their jobs.
“The legislation exempts any person with a valid photographic identification from state or local firearms law who asserts that they are lawfully carrying a firearm under the laws of their own state of residence.”
The police organizations say the bill goes even further and puts officers at risk of being sued. They claim it strips away qualified immunity protections that normally shield cops from lawsuits when they are doing their jobs.
“The bill goes further and provides that any person ‘who is deprived of any right, privilege, or immunity’ may sue a law enforcement officer, who would not be afforded qualified immunity.”
This means officers could not investigate whether someone with a gun is actually legal to carry it. They worry about getting dragged into court just for doing basic police work.
“This makes it impossible for an officer to conduct any investigation with respect to ascertaining if the person is in fact compliant with the firearms law in their state of residence.”
The groups argue that national reciprocity would hurt officer safety on the streets. They say cops need to be able to check if someone carrying a gun is doing so legally without fear of getting sued personally.
“It would also expose the officer to civil liability if, for example, they were to secure the firearm while they conducted an investigation into other suspected criminal activity.”
In their letter, the police unions explained why qualified immunity matters so much to officers.
“Qualified immunity protects officers from civil liability unless they violate clearly established statutory or constitutional rights. Any action the officer may take in reaction to the knowledge that the person they have encountered is armed could place that officer in very real legal peril.”
The police groups are not the only ones fighting against the concealed carry bill. Gun control advocates have also attacked the legislation using strong language.
Gabby Giffords’ gun control organization recently called H.R. 38 a dangerous bill being pushed by extremists who want people carrying hidden guns everywhere. The group has been working hard to convince lawmakers to vote against national reciprocity.
Supporters of the bill argue it simply treats the Second Amendment like other constitutional rights that apply across state borders. They say law-abiding gun owners should not lose their rights just because they cross an invisible line on a map.
The debate over national concealed carry reciprocity continues as Congress considers whether states must honor each other’s gun permits the same way they honor driver’s licenses.
