Congress must fix and PASS H.R. 38 today! I stand with Firearms Policy Coalition (FPC) in asking you to fix the problems listed below.

Unless we fix and pass H.R. 38:

  • Simple mistakes could lead to arrest, prison time, and lifelong loss of rights.

  • Americans would need 51 different licenses to exercise one right.

  • Gun owners would not be able to lawfully carry throughout the United States without massive risk and insane costs.

There are the three most major problems with H.R. 38 that must be fixed

Problem # 1 — Forgot your wallet? Go to jail

  • Flaw: H.R. 38 requires a person to carry a government-issued photo ID and carry license at all times when they are armed. Just forgetting your wallet or purse could lead to serious, life-altering criminal charges, prosecution, and potentially even a lifetime loss of rights.

  • FPC fix: Ensure peaceable people aren’t jailed for honest mistakes

Problem # 2 — Legal traps everywhere

  • Flaw: H.R. 38 allows states and local governments to ban carry on all public property, defeating the very point of the bill and setting a legal trap for gun owners in these unmarked “gun-free” zones.

  • FPC fix: Guarantee carry rights in non-secured public places nationwide.

Problem # 3 — The felony under your floor mat

  • Flaw: H.R. 38 only protects one handgun, one magazine, and only the ammunition loaded into them. Extra magazines or ammunition, a back-up firearm, or even a single loose round in a purse or under a floormat wouldn’t be covered — putting gun owners at risk of arrest and prosecution.

  • FPC fix: Ensure that people are fully protected while carrying and travelling with firearms.

H.R. 38 matters for all gun owners — even in ‘constitutional carry’ states

  • Even in permitless carry states, you’re not safe from federal charges. 18 U.S.C. § 922(q), the federal “gun-free school zone” law, bans carry within 1,000 feet of schools unless a person has a carry license issued by every state they carry in.

    • State-level constitutional carry and permit reciprocity doesn’t solve this.

    • Americans are being federally prosecuted under this law right now.

So please address the issues listed above and then pass H.R. 38!

Greg Raven, Apple Valley, CA

Sent to:
Jay Obernolte

Response from Obernolte:

Thank you for contacting my office regarding H.R. 38, the Concealed Carry Reciprocity Act. This is an important issue, and I appreciate hearing your thoughts regarding it.

The Constitution clearly states that the right to keep and bear arms shall not be infringed. However, there continue to be efforts to limit or infringe on our Second Amendment rights to own a weapon. I remain committed to protecting those rights. For example, during my service in the California State Assembly, I authored legislation that would provide local governments in California the ability to recognize concealed carry permits from other states.

As you are aware, Rep. Richard Hudson (NC-09) has introduced H.R. 38, the Concealed Carry Reciprocity Act. This bill stipulates that an individual who is eligible to carry a concealed firearm in one state would be able to carry or possess a concealed firearm in another state that allows its residents to conceal carry. Furthermore, this legislation would preempt most state and local laws related to concealed carry, establishing a private right of action for a person adversely affected by interference with the concealed-carry eligibility established by this bill.

I believe that this legislation would add critical federal protections for Americans who choose to conceal carry. That is why I cosponsored this legislation in the 118th Congress, why I also decided to cosponsor this legislation again in this Congress, and why I will fight to enact it. Please be assured that I will keep your thoughts in mind should this, or similar, legislation come before the House for a vote.

Thank you again for contacting me. Your thoughts and opinions are of critical importance to me as I work to represent California’s 23rd District in Congress. If you would like to stay informed on what is happening in Washington, D.C. and the 23rd District of California, I encourage you to sign up for my newsletter. I sincerely appreciate your comments and look forward to hearing from you in the future.

Sincerely,

Rep. Jay Obernolte, Member of Congress