HR 407 IH

January 19, 1999

Mr. PAUL introduced the following bill; which was referred to the Committee on the Judiciary.

To amend title 18, United States Code, to provide for reciprocity in regard to the manner in which nonresidents of a State may carry certain concealed firearms in that State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Second Amendment Restoration Act of 1999'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) Law-abiding citizens use guns to defend themselves against criminals as many as 2.5 million times every year--or 6,850 times a day. This means that each year, firearms are used 60 times more often to protect the lives of honest citizens than to take lives.

(2) Of the 2.5 million self-defense cases, more than 200,000 are by women defending themselves against sexual abuse. And as many as one-half million times every year, somebody carrying a gun away from home defends himself or herself.

(3) Citizens shoot and kill over 1,500 criminals a year, which is more than twice as many as police kill.

(4) Of the 2.5 million times citizens use their guns to defend themselves every year, the overwhelming majority merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8 percent of the time, a citizen will kill or wound his/her attacker.

(5) Handguns are the weapon of choice for self-defense. Citizens use handguns to protect themselves over 1.9 million times a year.

(6) Police cannot possibly protect every individual citizen. Currently, there are about 150,000 police officers on duty at any one time to protect a population of more than 250 million Americans--or almost 1,700 citizens per officer.

(7) The second amendment to the Constitution of the United States protects the right of Americans to carry firearms in defense of themselves and others.

SEC. 3. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.

(a) IN GENERAL- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

`RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS

`SEC. 926B. (a) Notwithstanding any provision of the law of any State or political subdivision thereof, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and--

`(1) who is carrying a valid license or permit which is issued pursuant to the law of any State and which permits the person to carry a concealed firearm; or

`(2) who is otherwise entitled to carry a concealed firearm in and pursuant to the law of the State of a person's residence--

may carry in any State a concealed firearm in accordance with the terms of the license or with the laws of the State of the person's residence, subject to the laws of the State in which the firearm is carried concerning locations in which firearms may not be carried.'.

(b) SEVERABILITY- If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are severable.

(c) CLERICAL AMENDMENT- The table of sections for chapter 44 of title 18 is amended by inserting after the item relating to section 926A the following:

`926B. Reciprocity for the carrying of certain concealed firearms.'.

SEC. 4. EFFECTIVE DATE.

The provisions of this Act shall take effect 180 days after the date of the enactment of this Act.