# Federal Laws and Legislation on Carrying Concealed Firearms: An Overview

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URL: https://www.frixlaw.com/law-library/documents/crs%3AR42099

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** November 22, 2011
- **Citation:** R42099

## Text

Federal Laws and Legislation on Carrying
Concealed Firearms: An Overview
(name redacted)
Legislative Attorney
November 22, 2011

Congressional Research Service
7-....
www.crs.gov
R42099

CRS Report for Congress
Prepared for Members and Committees of Congress

Federal Laws and Legislation on Carrying Concealed Firearms: An Overview

Summary
Whether an individual is permitted to carry a concealed firearm is a matter traditionally regulated
by the states. State laws vary with respect to eligibility requirements to obtain a concealed carry
permit (CCP). A majority of states, known as “shall-issue” jurisdictions, require the issuing
authority to issue a CCP to an applicant so long as he or she meets certain statutory requirements.
Another handful of states, known as “may-issue” jurisdictions, grant the issuing authority
discretion to issue a CCP upon a finding of proper cause, or upon the applicant demonstrating
good character. States decide which out-of-state CCPs to recognize, typically through the use of
reciprocity agreements.
Although Congress has enacted federal firearm laws that govern, among other things, the
possession, transfer, and sale of firearms, it has seldom legislated on the issue of concealed carry.
It has passed only a few laws on concealed carry, allowing individuals in certain occupations and
who meet certain qualifications to carry concealed nationwide notwithstanding state or local laws.
These laws include the Armored Car Industry Reciprocity Act of 1993 (P.L. 103-55); the Arming
Pilots Against Terrorism Act of 2002 (P.L. 107-296); the Law Enforcement Officers Safety Act
(LEOSA) (P.L. 108-277); and the Credit Card Act (P.L. 111-24). However, in the 112th Congress
and past years, legislation has been introduced that would permit individuals to carry concealed
nationwide, or on certain federal lands. These bills include H.R. 822, the National Right-to-Carry
Reciprocity Act of 2011; S. 176, the Common Sense Concealed Firearms Permit Act of 2011;
H.R. 2900, the Secure Access to Firearms Enhancement Act of 2011; and S. 1588, the
Recreational Land Self-Defense Act of 2011.
This report first provides an overview of how concealed carry is generally regulated among the
states. It then summarizes the federal laws regulating concealed carry. Lastly, it examines the
concealed carry legislation pending before 112th Congress. This report does not address carrying
firearms on military installations by military personnel.

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Federal Laws and Legislation on Carrying Concealed Firearms: An Overview

Contents
Introduction...................................................................................................................................... 1
Overview on Concealed Carry......................................................................................................... 1
Interstate Transportation of Firearms ........................................................................................ 4
Federal Laws on Concealed Carry................................................................................................... 7
Armored Car Industry Reciprocity Act of 1993 ........................................................................ 7
Arming Pilots Against Terrorism Act of 2002........................................................................... 9
Law Enforcement Officers Safety Act of 2003 ....................................................................... 10
National Parks Legislation ...................................................................................................... 12
Federal Bills on Concealed Carry of Firearms .............................................................................. 13
H.R. 822 (112th Congress) ....................................................................................................... 13
H.R. 2900 (112th Congress) ..................................................................................................... 15
S. 176 (112th Congress)............................................................................................................ 16
S. 1588 (112th Congress).......................................................................................................... 16

Contacts
Author Contact Information........................................................................................................... 16

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Federal Laws and Legislation on Carrying Concealed Firearms: An Overview

Introduction
Carrying a concealed firearm is an activity traditionally regulated by the states. Generally, each
state has its own concealed carry eligibility laws and requirements, and determines which out-ofstate concealed carry permits it will recognize. Although regulating concealed carry has been left
to the states, Congress has passed a few laws that authorize certain individuals to carry concealed
firearms across state lines, notwithstanding individual state provisions. In addition, it has enacted
a measure that permits individuals to carry concealed firearms on federal lands that are units of
the National Park System and National Wildlife Refuge System. Yet, in the past few years,
Congress has considered measures that would permit nationwide concealed carry and continues to
consider legislation that would allow concealed carry on other federal lands.
This report first provides an overview of how concealed carry is generally regulated among the
states. It then summarizes the federal laws regulating concealed carry. Lastly, it examines the
concealed carry legislation pending before 112th Congress. This report does not address carrying
firearms on military installations by military personnel.

Overview on Concealed Carry
Carrying a concealed firearm is basically the ability of an individual to carry on his or her person
a firearm, typically a handgun, in a concealed manner.1 Regulations pertaining to concealed carry
vary by state.
States that issue concealed carry permits are generally either a “shall-issue” or a “may-issue”
state. Among these states, some issue permits only to residents, while others issue permits to both
residents and non-residents. In “shall-issue” jurisdictions, the issuing authority is required to grant
an applicant the concealed carry permit (CCP) if he or she meets the statutory requirements. In
“may-issue” jurisdictions, the issuing authority generally has the discretion to grant or deny a
CCP based on a variety of statutory factors. For example, the state of North Carolina is a “shallissue” jurisdiction. It provides: “The sheriff shall issue a permit to carry a concealed handgun to a
person who qualifies for a permit under G.S. 14-415.12. The permit shall be valid throughout the
State for a period of five years from the date of issuance.”2 (emphasis added). By comparison, the
state of California is a “may-issue” jurisdiction. It provides: “The sheriff of a county, upon proof
that the person applying is of good moral character, that good cause exists for the issuance, and
that the person applying satisfies any one of the conditions … may issue to that person a license
to carry a pistol …”3 (emphasis added).
Because states with “may-issue” laws typically grant permits at their discretion, obtaining a
permit in “may-issue” states is arguably more difficult than in “shall-issue” states. There are,
1
In contrast, carrying a firearm can also refer to “open carry.” Open carry means that an individual is carrying a
firearm (handgun or long gun) on his or her person in a manner that is visible to the public.
2
N.C. Gen. Stat. §14-415.11(b) (2011).
3
Cal. Penal Code §12050(a)(1) (2011). See also Ala. Code §13A-11-75A (2011) (“The sheriff of a county, upon the
application of any person residing in that county, may issue a qualified or unlimited license … if it appears that the
applicant has good reason to fear injury to his or her person or property or has any other proper reason for carrying a
pistol, and that he or she is a suitable person to be so licensed.”).

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however, jurisdictions which utilize the term “shall-issue” in statute but could be considered
“may-issue” jurisdictions because they typically require the applicant to provide evidence of good
character or demonstrate proper cause in his or her need for the CCP. For example, Rhode Island
law states: “The licensing authorities of any city or town shall … issue a license or permit to
carry concealed upon his or her person a pistol or revolver … if it appears that the applicant has
good reason to fear an injury to his or her person or property or has any other proper reason for
carrying a pistol or revolver, and that he or she is a suitable person to be so licensed.”4
Only the state of Illinois and the District of Columbia prohibit concealed carry.5 On the other
hand, states like Alaska, Vermont, Arizona, and Wyoming do not require their residents to have
CCPs to carry a concealed firearm; though, some of these states (e.g. Alaska and Arizona)
continue to issue CCPs to their residents so they may carry concealed in other states which
require permits for the purpose of reciprocity.6
Each state decides which out-of-state permits it will honor.7 This is done via reciprocity and
recognition agreements that can be either written or unwritten.8 States tend to recognize or enter
into reciprocity agreements with other jurisdictions where the concealed carry requirements are
similar to their own.9 For example, the state of Washington mandates that it will recognize
concealed carry permits of other states only if the licensing state (1) does not issue to persons
under the age of 21; and (2) requires mandatory fingerprint-based background checks of criminal
and mental health history.10 Reciprocity agreements can change periodically. For instance, the

4

R.I. Gen. Laws §11-47-11 (2011) (emphasis added). See also Md. Code Ann. Pub. Safety §5-306 (2011) (“[T]he
Secretary shall issue a permit … [if the applicant] based on an investigation has a good and substantial reason to wear,
carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against
apprehended danger.”).
5
720 Ill. Comp. Stat. Ann. 5/24-1(a)(4) (2011) (It is unlawful for a person to “[carry or possess] concealed on or about
his person” except in certain locations and under specific circumstances.). DC repealed its provision that granted the
Chief of Police the authority to issue CCPs. D.C. Code §22-4506 (2001). However, DC law does not expressly prohibit
residents from carrying concealed. It provides that “No person shall carry within the District of Columbia either openly
or concealed on or about their person, a pistol, without a license issued pursuant to District of Columbia law …” In
addition, the state of Wisconsin had also banned concealed carry until 2011. Wisconsin Act 35, passed in 2011,
instituted a “shall-issue” concealed carry licensing scheme effective November 2011.
6
In Alaska, while no permit is required to carry within the state, a permit may be obtained for purposes of carrying out
of state, http://www.dps.state.ak.us/statewide/permitslicensing/reciprocity.aspx; In Vermont, while no permit is
required to carry within the state, a Vermont resident must obtain a non-resident permit from another state in order to
carry out of state, http://www.dps.state.vt.us/vtsp/faq1.html#VermontGun.
7
See, e.g., National Rifle Association, Guide to Interstate Right-to-Carry Reciprocity and Recognition 2010,
http://www.nraila.org/recmap/Recguide.pdf.
8
See, e.g., Arizona Dep’t of Public Safety, http://ccw.azdps.gov/reciprocity/documents/
Reciprocal_Agreements_Current.pdf; Virginia State Police, http://www.vsp.state.va.us/Firearms_Reciprocity.shtm;
Texas Dep’t of Public Safety, http://www.txdps.state.tx.us/administration/crime_records/chl/reciprocity.htm.
9
But cf. Pennsylvania and Virginia have entered a reciprocity agreement with one another but Virginia requires its
applicants to take an approved firearms safety training course (Va. Code §18.2-308) whereas Pennsylvania does not.
10
Wash. Rev. Code §9.41.073 (2011). See also Washington State Office of the Att’y General, http://www.atg.wa.gov/
ConcealedWeapons/Reciprocity.aspx. For example, Washington states that it does not recognize CCPs from the state of
Minnesota because “Washington does not have the training required by Minnesota”; nor does it recognize CCPs from
the state of Montana because a “mandatory mental health background check does not appear to meet Washington
requirement. Allows under 21-yrs-old to have license.” Similarly, it rejects CCPs from the state of Nebraska because of
“[n]o mandatory fingerprint-based criminal background check. No mandatory mental health background check.
[Washington] does not meet [Nebraska’s] training requirement.” For states where reciprocity is recognized, like Florida
and Louisiana, the state of Washington states, “Meets [Washington’s] requirements.”

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state of Florida’s Department of Agriculture and Consumer Services, Division of Licensing
announced:
The Division of Licensing constantly monitors changing gun laws in other states and
attempts to negotiate agreements as the laws in those states allow. This list was last updated
on January 1, 2011, when the State of Iowa was added to the reciprocity list. NOTE:
EFFECTIVE July 1, 2009, Nevada was no longer reciprocal with Florida. Authorities in
Nevada notified the Division of Licensing that as of that date Nevada would no longer honor
Florida concealed weapon licenses. Therefore, in accordance with the reciprocity agreement
provision set forth in section 790.015, Florida Statutes, Florida could not longer honor
concealed weapon licenses issued by the State of Nevada.11

Notably, some states only honor out-of-state permits if the licensee holds a permit from his state
of residence, otherwise an out-of-state visitor would have to apply for a non-resident permit, if
offered, of the state in which he wishes to carry. For example, Colorado, a “shall-issue”
jurisdiction, provides that another state’s CCP is valid if it is issued to a person who is 21 years of
age or older, and “a resident of that state that issued the permit, as demonstrated by the address
stated on a valid picture identification that is issued by the state that issued the permit and is
carried by the permit holder.”12 There are also other states that that honor out-of-state CCPs
irrespective of whether that individual is a resident or non-resident of the state from which he
obtained his license. Utah, for example, provides that its unlawful carrying penalties do not apply
to any person to whom a permit to carry a concealed firearm has been issued by the state or by
another state or county.13
Carrying a concealed firearm should be distinguished from transporting a firearm in a vehicle.
States generally provide an exception to their CCP requirements if the individual is transporting a
firearm in a vehicle for specific purposes and the firearm is unloaded and disassembled. The state
of Michigan requires individuals to obtain a CCP in order to possess, carry, or transport a pistol in
the state, unless the individual is “carrying a pistol unloaded in a wrapper or container in the trunk
of his or her vehicle … [or that the pistol is] unloaded in a locked compartment or container that
is separated from the ammunition for that pistol from the place of purchase to his or her home or
place of business or to a place of repair or back to his or her home or place of business, or in
moving goods from [one] place of abode or business to another place of abode or business.”14
Maryland similarly makes it unlawful to transport a handgun, concealed or open, unless one is
licensed to do so. Other exceptions where lawful transportation is permitted include if the
handgun is unloaded and carried in an enclosed case and if the individual is transporting the
handgun between certain locations.15 Yet, in the state of New York, for example, it is unlawful for
11
Fla. Dep’t of Agriculture and Consumer Protection, Division of Licensing, http://licgweb.doacs.state.fl.us/news/
concealed_carry.html.
12
Colo. Rev. Stat. §18-12-213 (2011). See also S.C. Code Ann. §23-31-215(N) (2011) (“Valid out-of-state permits to
carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided that the
reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training
and safety.”) (emphasis added).
13
Utah Code Ann. §76-10-523 (2011). See also S.D. Codified Laws §23-7-7.4 (“Any valid permit to carry a concealed
pistol, issued to a nonresident of South Dakota, is valid in South Dakota according to the terms of its issuance in the
State of its issue, but only to the extent that the terms of issuance comply with any appropriate South Dakota statute or
promulgated rule.”).
14
Mich. Comp. Laws §§28.422, 28.432a (2011).
15
Md. Crim. Law Code Ann. §4-203(b)(3). Maryland also provides other exceptions for transporting a handgun
without a permit, including transporting a handgun used in connection with an organized military activity, target
(continued...)

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an individual to transport a firearm without being licensed by the state to do so, and there do not
appear to be any exceptions.16 There is, however, also a federal safe harbor that permits
individuals to transport a firearm in a vehicle between states without fear of being prosecuted for
violating the carrying/transportation laws of a state through which he travels.

Interstate Transportation of Firearms
Section 926A of title 18 of the U.S. Code was first enacted under the Firearms Owner Protection
Act (FOPA) in 1986.17 Shortly thereafter during the same Congress, a bill (S. 2414, 99th
Congress) sponsored by Senator Strom Thurmond was introduced to amend certain provisions in
title 18 of the U.S. Code, including the newly enacted Section 926A.18 Currently, 18 U.S.C.
Section 926A provides:
Notwithstanding any other provision of any law or any rule or regulation of a State or any
political subdivision thereof, any person who is not otherwise prohibited by this chapter from
transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any
lawful purpose from any place where he may lawfully possess and carry such firearm to any
other place where he may lawfully possess and carry such firearm, if during such
transportation the firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the passenger compartment of
such transporting vehicle: Provided, That in the case of a vehicle without a compartment
separate from the driver’s compartment the firearm or ammunition shall be contained in a
locked container other than the glove compartment or console. [Emphasis added]

There is little jurisprudence interpreting Section 926A, but proceedings from the House floor on
S. 2414 provide some guidance on how this provision could be construed.19 The colloquy on the
House floor between Representative Ron Marlenee of Montana and Representative Bill
McCollum of Florida, a Member of the House Subcommittee on Crime, which had jurisdiction
over firearms issues, provides some clarification as to the intended meaning of S. 2414.20
The dialogue suggests that the purpose of Section 926A is to create a “safe harbor for interstate
travelers,” such that any traveler who transports his firearm in accordance with the section
(...continued)
shooting, or the moving of handguns by a bona fide gun collector to a place for public or private exhibition. Id.
16
N.Y. Penal Law §265.20(3) (2011). Individuals who are carrying or are only exempt from prosecution of criminal
possession of a weapon if they are licensed pursuant to New York state law.
17
P.L. 99-308; 100 Stat. 460 (1986), amending P.L. 90-618; 82 Stat. 1213 (1968). It provided for the “transport of
unloaded, not readily accessible firearms in interstate commerce, notwithstanding any provision of any legislation
enacted, or any rule or regulation prescribed by any State or political subdivision thereof.”
18
P.L. 99-360; 100 Stat. 766 (1986).
19
As a general principle courts may treat certain types of legislative history as more authoritative than others. For
example, committee report explanations, and especially those of conference committees, are considered more
persuasive and reliable than statements made during floor debates or hearings. Within floor debates, statements of
sponsors and explanations by floor managers are usually accorded the most weight, and statements by other committee
members of the reporting committee[s] next. Floor statements by Members not associated with sponsorship or
committee consideration of a bill have little weight, and statements by bill opponents less weight still. Hearings may be
useful in providing background, less so as to illuminating the meaning of particular language. See CRS Report 97-589,
Statutory Interpretation: General Principles and Recent Trends, by (name redacted).
20
Senator Edward Kennedy summarized the contents of the bill during Senate consideration of S. 2414, but no
colloquy or other debate took place. 132 Cong. Rec. 9607 (1986).

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“cannot be convicted of violating a more restrictive State or local law in any jurisdiction through
which he travels.”21 While travelers are not required to transport their firearms in accordance with
this section, failure to do so may place them at risk of being in violation of state laws governing
firearm transportation.22 The federal safe harbor is available only to those who are eligible to
possess a firearm under federal law and who can “legally own and transport a firearm under the
law of their home jurisdiction.”23 Representative McCollum stated that the provision applies
“only after [individuals] leave the boundaries of their State or local jurisdiction,” since Section
926A applies to the interstate transportation of firearms.24 He further stated the provision “does
not modify the State or local laws of the place or origin or the jurisdiction where the trip ends in
any way.”25 This strongly indicates that Section 926A does not preempt the transportation or
possession laws of the origin or destination state, and therefore does not act as a safe harbor at the
place of origin or destination if these jurisdictions require the individual to meet certain
requirements.26
The legislative history further indicates that Section 926A is meant to apply to transportation of a
firearm in a vehicle and not meant to provide a safe harbor for concealed carriage of a firearm
where the firearm is carried on one’s person. During the House colloquy, Representative
McCollum stated: “The term ‘carry’ in this instance is intended to mean the ability to put the
firearm in a vehicle and transport it to the place of destination. ... Further the use of the word
‘carry’ is not intended to mean and does not mean that a State license to carry a concealed
weapon is a predicate to valid use of the safe harbor provision ... unless a permit to carry a
concealed firearm is a prerequisite to legal transportation of an unloaded inaccessible firearm in a
given jurisdiction.”27
21

132 Cong. Rec. 15227 (1986) (statement of Representative McCollum).
Id. at 15227-8. Representative McCollum continued to state that “section 926A will be valuable to the person who
either knows he will be traveling through a jurisdiction with restrictive laws or is unfamiliar with various laws of the
jurisdiction he will be traversing. Many times people traveling in interstate commerce can unwittingly find themselves
in violation of all kinds of technical requirements for possession of firearms.” Id. at 15228.
23
Id.
24
The Gun Control Act of 1968, as amended, defines “interstate or foreign commerce” as “commerce between any
place in a State and any place outside of that State, or within any possession of the United States (not including the
Canal Zone) or the District of Columbia, but does not include commerce between places within the same State but
through any place outside that State.” 18 U.S.C. §921(a)(2).
25
132 Cong. Rec. 15228 (1986) (statement of Representative McCollum).
26
Statements on the record appear to indicate that during intrastate travel at the point of origin and destination, an
individual must be in compliance with both state as well as any local laws. However, one court has also found that the
defense or safe harbor created by §926A is lost if the owner of the firearm stops for reasons not related to his trip, such
as a stay with a girlfriend or for business unrelated to the trip. People v. Selyukov, 854 N.Y.S.2d 298 (N.Y. Village Ct.
2008).
27
Id. If “carry” meant “concealed carry,” then taking advantage of §926A could be difficult because while most
jurisdictions permit a firearm within the home, they may prohibit the carrying of such firearm on public roads or in a
vehicle. For example, in Beach v. Kelly, 860 N.Y.S.2d 112 (N.Y. App. Div. 2008), the New York Supreme Court,
Appellate Division, ruled to revoke a petitioner’s pistol license issued by the City of New York because he violated the
terms of his permit when he “carried his firearm to and from the airport” for his trip to Nevada, where he also held a
“license to carry.” Id. at 113. The petitioner argued that “since he was permitted to carry his gun in New York and held
a license to carry a firearm in Nevada, [that] the agency’s determination was arbitrary and capricious.” Id. 113. The
court held that §926A would be inapplicable “where the licensee is not permitted by the terms of the license to lawfully
carry the firearm at the time he embarks on a trip to another state.” Id. at 114. The use of the term “carry” in this
decision seems to indicate that the petitioner carried his weapon on his person, rather than transporting the firearm in a
secure and inaccessible manner, in which case the decision would be consistent with the interpretations offered by the
legislative history. However, if the petitioner was “carrying” his firearm in a manner more akin to transporting the
(continued...)
22

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The decision In Re Matter of Two Seized Firearms illustrates both how a court declined to apply
Section 926A when the individual did not follow the requirements of the safe harbor, and how
travelers may be associating “carry” with concealed carry rather than transportation of a
firearm.28 The Supreme Court of New Jersey inquired whether the state of New Jersey “must
permit a motorist from Florida to carry on the New Jersey Turnpike, a loaded handgun in a glove
compartment because Florida would permit such possession on its highways.”29 The defendant
argued, perhaps incorrectly, that his home state of Florida “would allow him to carry loaded guns
in his car.”30 The prosecutor questioned the accuracy of this assertion by citing the Florida statute,
which makes it lawful to transport a firearm, without obtaining a license to carry concealed, so
long as it is “securely encased” or not otherwise “readily accessible for immediate use” when
transported.31 The defendant’s argument and the prosecutor’s recital of Florida law potentially
demonstrate that the defendant believed “carry” to refer to some sort of concealed carry of loaded
firearms, whereas the prosecutor read it as the transportation of firearms in a vehicle regardless of
any license to carry concealed. Furthermore, the court stated that an individual could only “obtain
the umbrella of federal protection” provided in Section 926A, if the gun owner is “legally
qualified to possess and carry the firearm, and must transport it unloaded, and neither the firearm
nor any ammunition can be ‘readily accessible,’ or ‘directly accessible’ from the passenger
compartment of the vehicle.”32 Finding that the defendant did not abide by the storage provisions
of Section 926A, the court found the defendant to have no federally protected right to transport
his loaded revolvers in the glove compartment.
The New Jersey Supreme Court’s decision in Revell v. Port Authority of New York, New Jersey
also demonstrates that courts have struggled with how to apply Section 926A to situations not
involving vehicular travel.33 Given the limited legislative history and judicial precedent
interpreting the applicability of Section 926A, the court in Revell held that Section 926A did not
apply to protect an individual, who through no fault of his own, was forced to stay overnight in a
New Jersey hotel, after missing a connecting flight.34 Before his outgoing flight from Utah, the
defendant properly declared that his luggage contained his unloaded firearm and ammunition in a
separate, locked hard case. Although it appears that Section 926A only contemplates vehicular
travel and is not clear about keeping a gun at an overnight airport hotel, the court stated that the
section “clearly requires the traveler to part ways with his weapon and ammunition during a
travel; it does not address this type of uninterrupted journey or what the traveler is to do in [the]
situation.”35 Furthermore, the court stated: “The careful owner will … explain the situation,

(...continued)
firearm, which the court deemed as a violation of the terms of his permit, then it appears that the safe harbor protection
of §926A would not apply because it is still intrastate travel.
28
602 A.2d 728 (N.J. 1992).
29
Id. at 729. The formal question on appeals was “whether a non-resident gun owner may avoid the sanctions of New
Jersey’s gun-control laws on the basis that possession of the weapon was legal in the owner’s state of residence and that
the owner was merely transporting weapons through New Jersey without criminal intent and knowledge that New
Jersey would regard the possession as illegal.” Id. at 728.
30
Id. at 729.
31
Fla. Stat. §790.25(3)(l) and (5).
32
Matter of Two Seized Firearms, 602 A.2d at 730.
33
598 F.3d 128 (N.J. 2010).
34
Id.
35
Id. at 137.

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requesting that his firearm and ammunition be held overnight for him.”36 The court continued to
state in a footnote: “Of course, this suggestion leaves unanswered the question of what the gun
owner should do if the law enforcement officers decline to assist him.”37 In the court’s view, this
offered a “reasonable means,” though inconvenient, for a responsible gun owner to maintain the
protection of Section 926A and prevent unexpected exposure to state and local gun regulations.

Federal Laws on Concealed Carry
At the federal level—apart from the three laws that are discussed in this section—federal law
enforcement officers, or federal agents, generally are authorized by statute to carry a firearm.
Such statutory provisions commonly state that they are authorized to carry firearms “for the
purpose of performing duties.”38 While federal agents are likely authorized to carry their firearms
nationwide pursuant to enforcing federal laws,39 policies on carrying firearms off-duty appear to
be left to the discretion of the agency.40 This section discusses the Armored Car Industry
Reciprocity Act of 1993, the Arming Pilots Against Terrorism Act of 2002, and the Law
Enforcement Officers Safety Act of 2003. These laws authorize certain persons to carry a
concealed firearm across state lines, notwithstanding individual state provisions on the carriage of
concealed firearms.

Armored Car Industry Reciprocity Act of 1993
The Armored Car Industry Reciprocity Act was passed in 1993 and amended in 1997.41 This act
entitles certain armored car crew members to carry weapons, for which they have licenses, into
36

Id.
Id. at note 18.
38
See e.g., 10 U.S.C. §1585 (“… civilian officers and employees of the Department of Defense may carry firearms or
other appropriate weapons while assigned investigative duties or such other duties as the Secretary may prescribe.”); 18
U.S.C. §3107 (“The Director, Associate Director … inspectors and agents of the Federal Bureau of Investigation …
may carry firearms …”); 22 U.S.C. §2709 (“... special agents of the Department of State and the Foreign Service may
... (4) if designated by the Secretary and qualified ... carry firearms for the purpose of performing the duties authorized
by this section.”); 14 U.S.C. §95 (“A special agent of the Coast Guard Investigative Service ... has the [] authority: (A)
to carry firearms. ... The authorities provided ... shall be exercised only in the enforcement of statutes for which the
Coast Guard has law enforcement authority.”).
39
The Transportation Security Administration has its own regulations for law enforcement officers who are flying with
firearms. See 49 C.F.R. §1544.219 and http://www.tsa.gov/lawenforcement/programs/traveling_with_guns.shtm.
40
See e.g., Internal Revenue Manual (IRM), Criminal Investigation, Part 9.1.4 Criminal Investigation DirectivesDirective No. 4- Firearms., available at, http://www.irs.gov/irm/part9/irm_09-001-004.html:
(2) Special agents are authorized, but are not required, to carry their IRS-issued weapon when offduty. When carrying their IRS-issued weapon off-duty, special agents are subject to all IRM
provisions concerning firearms. ...
(6) Special agents who carry a privately-owned weapon during off-duty hours are subject to the
same civil and criminal restrictions as a private citizen. Special agents may not use their position or
credentials to qualify under state or local laws to purchase, license, carry or use private weapons;
however, upon request, credentials may be displayed as occupational identification, but not to
influence the decision.
Law Enforcement Authority, 28 C.F.R. §0.29j (“Special Agents of the Office of Inspector General are authorized to: ...
(f) carry firearms when on duty; and (g) carry firearms while off-duty as authorized by the Inspector General.”).
41
P.L. 103-55; 107 Stat. 276 (1993), amended P.L. 105-287; 112 Stat. 2776 (1998). The purpose of the act was
intended to remedy the problems faced by the armored car industry due to findings that, among other things, armored
(continued...)
37

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any other state while in the service of an armored car company.42 An “armored car crew member”
is defined as “an individual who provides protection for goods transported by an armored car
company.”43 An armored car crew member, who is employed by an armored car company, must
have
•

a license issued by the appropriate state agency where he is primarily employed
to carry a weapon while acting in the services of his employer in the state, and
the state agency must meet the minimum requirements under the act; and

•

met all other applicable requirements to act as an armored crew member in the
state in which the member is primarily employed by such company.44

State reciprocity of the weapons license for an armored car employee is administered on the state
level. Under the act, as amended, a state agency meets the minimum state requirements if it
determines to its satisfaction that (A) the crew member has received or continues to receive
classroom and range training in weapons safety and marksmanship from a qualified instructor for
each weapon that the crew member is licensed to carry, and (B) the receipt or possession of a
weapon by the crew member does not violate federal law as determined on the basis of a criminal
record background check or as determined by the agency, when it is issuing to an armored car
crew member either the initial weapons license or renewing the weapons license.45 Furthermore,
the state weapons licenses must be renewed every two years or every five years, if a state enacted
such law before 1996.46
Although this act permits an armored car employee to carry a firearm across state lines so long as
she meets the minimum state requirements as prescribed by federal law, the legislative history
indicates that “the reciprocity extended to crew members ... is available only while that employee
is carrying out his or her duties of protecting an armored car shipment.”47 The 1993 House Report
further states: “The permission does not extend to off-duty activities, nor does it permit armored
car company employees to carry their own personal weapons across state lines unless they are
being used to protect cargo.”48

(...continued)
car employees often placed themselves in violation of state weapons laws and were vulnerable to criminal charges
because the regulation of permits to carry firearms is handled at the state level. H.Rept. 103-62, at 2 (1993).
42
15 U.S.C. §5902.
43
15 U.S.C. §5904(1). An “armored car company” is one that is subject to regulation under 49 U.S.C. §§13501 et seq.
and registered under federal law to engage in the business of transporting and protecting currency, bullion, securities,
precious metals, supplemental nutrition assistant benefit programs, and other articles of unusual value in interstate
commerce.
44
15 U.S.C. §5902(a).
45
15 U.S.C. §5902(b). For issuing an initial weapons license, the training and background check must be conducted
during the year in which the license will be issued.
46
15 U.S.C. §5902(b)(3).
47
H.Rept. 103-62, at 4 (1993). See also Armored Car Reciprocity Act: Hearing on H.R. 1189 Before the Subcomm. on
Telecommunications, Trade and Consumer Protection of the H. Comm. on Commerce, 103d Cong. 17 (1993)
(statement of Representative Cardiss Collins and Mr. Charles Allen, President, Armored Motor Service Corp.);
Armored Car Reciprocity Amendments of 1997: Hearing on H.R. 624 Before the Subcomm. Telecommunications,
Trade and Consumer Protection of the H. Comm. on Commerce, 105th Cong. 16 (1997) (statement of Representative
Gene Green and Mr. Wayne Rogillo, on behalf of the National Association of Security and Investigative Regulators).
48
H.Rept. 103-62, at 4 (1993).

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Arming Pilots Against Terrorism Act of 2002
The Arming Pilots Against Terrorism Act of 2002 established the Federal Flight Deck Officer
(FFDO) program.49 The FFDO program is administered by the Transportation Security
Administration (TSA) Office of Law Enforcement/Federal Air Marshal Service.50 Under the act,
volunteer pilots who are eligible and complete the program requirements as established by the
Under Secretary of Transportation Security (TSA Administrator)51 may be deputized as FFDOs to
defend the flight decks of air carriers, including all-cargo carriers, against acts of criminal
violence or air piracy.52 Pilots who participate in the FFDO program are not eligible for
compensation from the federal government for their services provided as a FFDO, but they are
treated as an employee of the federal government for purposes of liability arising out of any
action or omission taken in defending the flight deck.53
The TSA Administrator may deputize a pilot, who applies to be such an officer and is determined
to be qualified as such. Pursuant to the statute, a pilot is qualified to be a FFDO if the pilot is
employed by an air carrier, and the TSA Administrator determines, at his discretion, that the pilot
meets the standards established and has completed the required training.54 If training is completed
in a satisfactory manner, deputization is for a period of five years unless revoked or suspended.55
The TSA notes that FFDOs are considered federal law enforcement officers only for the limited
purposes of carrying firearms and using force, including lethal force to defend the flight deck, and
that deputization does not grant or authorize FFDOs “to exercise other law enforcement powers
such as the power to make arrests, or seek or execute warrants for arrest, or seizure of evidence,
or to otherwise act as Federal law enforcement outside the jurisdiction of aircraft flight decks.”56
FFDOs are issued firearms and other necessary equipment by the Federal Air Marshal Service,
and they are further permitted to purchase a private firearm for the purpose of the program, if the
firearm is of a type that may be used under the program.57 FFDOs are also permitted “whenever
necessary to participate in the program” to carry a firearm within any state and from one state into
another.58 Thus, similar to the armored car crew members, the statute preempts state law and
49

P.L. 107-296; 116 Stat.2300 (2002), amended P.L. 108-176; 117 Stat. 2570 (2003). In the wake of September 11,
2001 attacks, this program was implemented to be an additional deterrent and measure to ensure the safety and security
of the flying public.
50
TSA, Federal Flight Deck Officers, http://www.tsa.gov/lawenforcement/programs/ffdo.shtm.
51
49 U.S.C. §114(b) (“The head of the [Transportation Security] Administration shall be the Under Secretary of
Transportation for Security.”).
52
49 U.S.C. §44921(a). The statute defines “pilot” as an individual who has “final authority and responsibility for the
operation and safety of the flight or any other flight deck crew member.” 49 U.S.C. §44921(k)(2). For eligibility
requirements, see FFDO Program Eligibility, available at, http://www.tsa.gov/lawenforcement/programs/
ffdo_eligibility.shtm.
53
49 U.S.C. §§44921(e), (h).
54
49 U.S.C. §44921(d). See FFDO Selection & Training, available at, http://www.tsa.gov/lawenforcement/programs/
ffdo_training.shtm. (describes requirements to be selected as FFDO and the elements of training).
55
Revocation can occur if the TSA Administrator finds that the FFDO no longer meets the qualifications. 49 U.S.C.
§44921(d)(4). In the case of accidental discharge of a firearm that results in the injury or death of a passenger or crew
member, the TSA Administrator “shall revoke the deputization of the [FFDO] responsible for that firearm if [it is
determined] that the discharge was attributable to the negligence of the officer.” 49 U.S.C. §44921(i)(1).
56
FFDO Important Information, http://www.tsa.gov/lawenforcement/programs/ffdo_information.shtm.
57
49 U.S.C. §§44921(c)(1), (f)(1).
58
49 U.S.C. §44921(f)(2).

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permits FFDOs to carry their firearms interstate and within a state to the extent necessary for
completing their duties. The House Report for the act also indicates that the authority to carry
firearms interstate does not extend to off-duty activities, though this preemption clarification is
less explicit than the House Reports for the Armored Car Industry Reciprocity Act, discussed
above.59

Law Enforcement Officers Safety Act of 2003
The Law Enforcement Officers Safety Act (LEOSA) was passed in 2003 and amended by the
LEOSA Improvements Act of 2010.60 This act permits “qualified law enforcement officers”
(LEOs) both active and retired to carry a concealed firearm across state lines so long as they are
carrying the proper identification and meet the statutory requirements.61
Under LEOSA, as amended, a “qualified LEO” is an employee of a governmental agency who is
(1) authorized by law to engage in or supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for, any violation of law, and has statutory
powers of arrest; (2) authorized by the agency to carry a firearm; (3) not the subject of any
disciplinary action by the agency which could result in suspension or loss of police powers;
(4) meets standards, if any, established by the agency which require the employee to
regularly qualify in the use of a firearm; (5) not under the influence of alcohol or drugs; and
(6) is not prohibited by federal law from receiving a firearm.62

The LEOSA Improvements Act further clarified that LEOs of the Amtrak Police Department and
the Federal Reserve as well as other executive branches of the federal government, who have
statutory powers of arrest and are authorized by law to engage in or supervise the prevention,
detection, investigation or prosecution of, or the incarceration of any person for, any violation of
law, are to be considered “qualified LEOs.”63 For active or qualified LEOs to be eligible to carry
a concealed firearm interstate under the provision, they must carry a photographic identification
issued by the governmental agency where the individual is employed as a LEO.64 The act does
59

H.Rept. 107-555, pt. 1, at 15 (2002) (“The Committee [on Transportation] states that H.R. 4635 preempts state law to
the extent necessary to allow Federal flight deck officers to carry firearms interstate and within a state and to limit their
liability for the use of that gun to defend the cockpit of an aircraft.”).
60
P.L. 108-277; 118 Stat. 865 (2004), amended P.L. 111-272 (2010). This law is codified at 18 U.S.C. §§926B, 926C.
61
Although LEOSA generally prescribes who may be eligible under statute, it is difficult to assess every federal and
state agency whose law enforcement personnel would be eligible under the act because job titles and duties as
prescribed by law vary from agency to agency. For surveys on federal law enforcement officers who may eligible under
the provisions of LEOSA, see Federal Bureau of Investigation, Bureau of Justice Statistics, Bulletin NCJ212750—
Federal Law Enforcement Officers, 2004 (July 2006) (see Tables 1 and 2 for general list of federal agencies that
employ personnel authorized to carry firearms and make arrests); and General Accountability Office, Federal Law
Enforcement- Survey of Federal Civilian Law Enforcement Functions and Authorities, GAO- 07-121 (December 2006)
(see Appendix II, the number of federal civilian law enforcement officers as reported by the federal agencies and
Appendix VI, the four most common job series by component and law enforcement functions).
62
18 U.S.C. §926B(c). See infra note 66 for definition of “qualified retired LEO.”
63
The Senate Report noted that “the specifically named Federal law enforcement agencies named in the legislation
constitute a non-exhaustive list. For example, special police assigned to the National Zoological Park in Washington,
D.C., who have statutory power of arrest, carry firearms, and complete training at the Federal Law Enforcement
Training Center, should, in the Committee’s view be eligible for the benefits provided under 18 U.S.C. §§926B-926C.”
S.Rept. 111-233, at 4, n. 12 (2010).
64
18 U.S.C. §926B(d).

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not appear to limit the type of weapon a qualified LEO may carry, so long as it meets the general
definition of “firearm” under 18 U.S.C. Section 921 and is not a machine gun, firearm silencer or
destructive device, as defined by the appropriate federal statutes.65
The LEOSA Improvements Act amended the definition of “qualified retired LEO,” so that it
would encompass more individuals who would otherwise be precluded from eligibility.66 Those
who served as a LEO for an executive branch of government or with the Amtrak Police
Department or the Federal Reserve are also included as “qualified retired LEOs.” The Senate
Report on the LEOSA Improvements Act indicated that a 2005 memorandum by then-Attorney
General of the United States John Ashcroft complicated the statutory process for retired federal
LEOs.67 The effect of the directive was to preclude federal officers from obtaining the requisite
certification from their former agencies pursuant to 18 U.S.C. Section 926C(d)(1). According to
the Senate Report, retired individuals encompassed by the Department of Justice directive would
be subject to “varying State procedures—and to State law enforcement agencies with which they
had not been employed” in order to satisfy the firearms testing requirement.68
To ease the burden on the states in implementing LEOSA for retired LEOs, the LEOSA
Improvements Act amended the standards by providing more options as to how a qualified retired
LEO could obtain such training. Thus, the act, as amended, provides that during the most recent
12-month period, an individual will have to meet the standards for qualification in firearms
training for active LEOs, as determined by his former agency, or by the state where the individual
resides. Alternatively, if the state has not established such standards, the individual must meet
either the standards of any law enforcement agency within the individual’s state of residence, or
the standards used by a certified firearms instructor that is qualified to conduct a firearms
qualification test for active duty officers within the state.69 The individual must obtain this
certification at his or her own expense.
The act provides two alternatives for the necessary photographic identification card (ID) that a
qualified retired LEO must carry. Implementation is left to the discretion of the federal and state
65
“Firearm” is defined as any weapon (including a starter gun) which will or is designed to or may readily be converted
to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or
firearm silencer; or any destructive device, but not an antique firearm. 18 U.S.C. §921(a)(3).
66
Under the act, as amended, a “qualified retired law enforcement officer” is an individual who: (1) separated from
service in good standing with a public agency as a law enforcement officer; (2) had statutory powers of arrest and was
authorized by law, prior to being separated from service, to engage in or supervise the prevention, detection,
investigation or prosecution of, or the incarceration of any person for, any violation of law; (3) served as an officer for
an aggregate of 10 years or more or separated after completing any applicable probationary period due to a serviceconnected disability; (4) has met certain training standards; (5) has not been found unqualified for reasons related to
mental health by a medical professional of the agency, or has not entered into an agreement with the agency in which
the individual acknowledges that he or she is not qualified for reasons related to mental health, which would prevent
the agency from issuing the requisite photographic identification; (6) is not under the influence of drugs or alcohol; and
(7) is not prohibited by federal law from receiving a firearm. 18 U.S.C. §926C(c).
67
The memorandum to all Department of Justice (DOJ) law enforcement agencies stated: “Individual components [of
the DOJ] shall not themselves train or qualify retired employees to carry a firearm, as authorized under the law. In
order to be authorized under the Act to carry a firearm, a retired qualified [law enforcement officer] from a DOJ
component must qualify pursuant to 18 U.S.C. §926C(d)(2)(B), and in accordance with state standards for active
LEOs.” S.Rept. 111-233, at 2 (2010) (citing Memorandum from John Ashcroft, Attorney General, to all Department of
Justice Law Enforcement Agencies (Jan 31, 2005) (on file with the Senate Judiciary Committee)).
68
S.Rept. 111-233, at 3.
69
18 U.S.C. §926C(c)(4). See, e.g., Connecticut Dep’t of Pub. Safety, Information on LEOSA, available at,
http://www.ct.gov/dps/cwp/view.asp?a=2158&q=303746.

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agencies.70 The first type of ID permitted is one issued by the agency from which the officer
separated, indicating that he has, within one year from the date of issuance, been tested or
otherwise found by the agency to meet the active duty standards for qualification in firearms
training as established by the agency to carry a firearm of the same type as the concealed
firearm.71 The second type of ID permitted is one from the agency from which the person retired
and a certification by the state or the certified firearms instructor, indicating that within one year
from the date of issuance, the individual has been tested or otherwise found by the state or
certified firearms instructor to have met (1) the active duty standards for qualification in firearms,
as established by the state, to carry a firearm of the same type as the concealed firearm, or (2) the
standards set by any law enforcement agency, in the absence of any state standards, to carry a
firearm of the same type as the concealed firearm.72 Here, unlike active officers, qualified retired
LEOs appear to be limited with respect to the types of firearms they are able to carry pursuant to
the act because the certification from either the agency or the firearms instructor will state that
they have met the standards “to carry a firearm of the same type as the concealed firearm.”
Although the act permits certain LEOs to carry a concealed firearm notwithstanding any other
provision of state law or any political subdivision thereof, it explicitly states that it is not intended
to supersede the laws of any state that (1) permit private persons or entities to prohibit the restrict
the possession of concealed firearms on their property, or (2) prohibit or restrict the possession of
firearms on any state or local government property, installation, building, base, or park.73

National Parks Legislation
Under the Credit Card Act of 2009,74 the Senate adopted an amendment to prevent the Secretary
of the Interior from enforcing or promulgating any regulation that would prohibit an individual
from possessing a firearm, including an assembled or functional firearm, in any unit of the
National Park System (NPS) or the National Wildlife Refuge System (NWRS).75 An individual
who is carrying a firearm must comply with the law of the state in which the NPS or NWRS is
located. Accordingly, an individual, who is carrying a concealed firearm and hiking through a
national park that crosses state lines, bears the responsibility of knowing beforehand the
concealed carry laws of each state he or she plans to travel through.76
70
For example, the Department of Defense (DOD) issued an instruction as to the “Implementation of the Law
Enforcement Officers Safety Act of 2004,” which covers which organization within DOD that the act applies to, and
the procedures by which they are to implement the necessary photographic identification, available at
http://www.dtic.mil/whs/directives/corres/pdf/552512p.pdf. See also United States Coast Guard issued a general
message in 2010, which may no longer be effective, on “Limitations and Risks to Coast Guard Personnel Under the
Law Enforcement Officers Safety Act” available at http://www.uscg.mil/announcements/ALCOAST/54910_alcoast.txt; Department of Homeland Security Instruction Guide on the Law Enforcement Officers Safety Act,
November 8, 2008, available at http://www.dhs.gov/xlibrary/assets/foia/
mgmt_instruction_257_01_001_law_enforcement_officers_safety_act.pdf.
71
18 U.S.C. §926C(d)(1).
72
18 U.S.C. §926C(d)(2)(A)-(B).
73
18 U.S.C. §§926B(b), 926C(b).
74
P.L. 111-24; 123 Stat. 1734 (2009).
75
Senator Tom Coburn introduced S.Amdt. 1067 to H.R. 627 (111th Congress, 1st Sess. 2009), which was adopted by
the Senate by a vote of 67-29 on May 12, 2009.
76
For each national park, the NPS has posted online information related to concealed carry laws of the state in which
the national park is located. See, e.g., Great Basin National Park in Nevada Firearms Regulations, available at,
http://www.nps.gov/grba/parkmgmt/firearms-regulations.htm.

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Federal Bills on Concealed Carry of Firearms
Several types of concealed carry bills have been introduced in 112th Congress. One, H.R. 822,
would require states to recognize out-of-state concealed carry permits so long as a person is
carrying a valid state-issued CCP and a document with photographic identification. The second,
H.R. 2900, is a broader bill that would authorize nationwide concealed carry. The third, S. 176, is
another type of concealed carry bill that would require states, which issue CCPs, to establish
minimum standards of who could carry concealed. Lastly, S. 1588, similar to the National Parks
law, would permit an individual to carry a firearm on federal lands that fall under the jurisdiction
of the Army Corps of Engineers.

H.R. 822 (112th Congress)
Representative Cliff Stearns introduced H.R. 822, the National Right-to-Carry Reciprocity Act of
2011. During mark-up of the bill in the House Judiciary Committee, Representative Trent Franks
offered an amendment in the nature of a substitute that was adopted on October 14, 2011.77 The
House of Representatives passed this bill on November 16, 2011, by a vote of 272-154.
Under H.R. 822, as amended, an individual would be allowed to carry a concealed handgun into
another state as long as he or she is carrying a “valid identification document containing a
photograph of the person”78 and a valid state-issued CCP. In meeting these two criteria, an
individual would be able to carry concealed in “any State” that either (1) has a statute permitting
residents to obtain a CCP to carry concealed firearms, or (2) that does not prohibit the carrying of
concealed firearms. Thus, the bill would not allow an individual to carry concealed in the state of
Illinois, as that state expressly prohibits the carrying of concealed firearms, nor does the state
issue CCPs to its residents.79 Likewise, it appears unlikely that an individual could carry
concealed into the District of Columbia under the first condition of the bill because DC law
provides no mechanism by which an individual can obtain a CCP.80 Although individuals may no
longer obtain a CCP in the District, DC law does not expressly prohibit residents from carry
concealed, because the provision states “[n]o person shall carry within the District of Columbia
either openly or concealed on or about their person, a pistol, without a license issued pursuant to
District of Columbia law....”81 While this leaves open the possibility that an individual who had
obtained a CCP in the past may still lawfully carry concealed under this provision, CCPs issued
by the District were only valid for one year from the date of issuance.82 It is therefore unlikely
77

Another amendment offered by Representative Dan Lungren was adopted on October 14, 2011. This amendment
requires the Government Accountability Office to audit state laws and regulations that allow concealed carry permits to
be issued to non-residents and the effectiveness of these laws to protecting public safety.
78
H.R. 822, §2 provides that the term “identification document” means a “document made or issued by or under the
authority of the United States Government, a State, or a political subdivision of a State which, when completed with
information concerning a particular individual is of a type intended or commonly accepted for the purpose of
identification of individuals.”
79
720 Ill. Comp. Stat. Ann. 5/24-1 (“A person commits the offense of unlawful use of weapons when he knowingly:
(4) carries or possesses in any vehicle or concealed on or about his person … any pistol, revolver, stun gun …”). Both
the DC and Illinois concealed carry provisions apply to “any person,” and not simply “residents.”
80
In 2009, DC repealed its provision that granted the Chief of Police the authority to issue CCPs. D.C. Code §22-4506
(2001) (repealed).
81
D.C. Code §22-4504 (2011).
82
D.C. Code §22-4506 (2001) (repealed).

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that any person who had previously obtained a CCP can lawfully carry concealed, as it is likely
that his CCP expired. Thus, even though there appears to be an understanding that the bill would
not apply to the District,83 an individual could argue that because DC does not expressly prohibit
the carrying of concealed firearms, that it falls under the second condition of H.R. 822, thereby
allowing an individual to carry concealed in the District with an out-of-state CCP. However, it is
unclear whether a court would look solely at the District’s statutory language or also consider that
the overall practical effect of DC’s laws precludes concealed carry by any individual.
Furthermore, under the bill, an individual, not otherwise eligible in his state of residence for a
CCP, would not be allowed to obtain an out-of-state, or non-resident, CCP in a state with less
restrictive eligibility requirements, and use that permit to carry concealed in his state of
residence.84 For example, a majority of states issue CCPs to individuals who are at least 21 years
of age or older, while only a handful of states issue CCPs to individuals who are 18 years of age
or older. Thus, residents from states such as California, Florida, or Colorado who do not meet the
state’s age requirement would not be able to obtain a non-resident, out-of-state, CCP, from states
(e.g. Idaho, Indiana and Maine) that issue non-resident permits to individuals 18 years and
older,85 and use that CCP to carry back in his state of residence.
As discussed in the beginning, eligibility requirements vary among states, as does reciprocity.
Thus, under H.R. 822, although states would retain their own eligibility standards and permitting
schemes, it seems the bill would have a preemptive effect. For example, the state of Oregon, a
“shall-issue” jurisdiction that considers carrying concealed without a non-Oregon permit to be a
misdemeanor, would be required to honor all other out-of-state permits.86 Likewise, some states
such as Colorado or South Carolina that have chosen to recognize out-of-state CCPs only if the
individual is a resident of the issuing state would be required, under the bill, to recognize the outof-state CCPs of an individual who is not a resident of the issuing state. Moreover, it appears a
“may-issue” state would be required to recognize permits from “shall-issue” jurisdictions, and
“shall-issue” jurisdictions that do not recognize each other would also be required to recognize
each other. For example, states like California and New Jersey, which are “may-issue”
jurisdictions and do not recognize any other out-of-state concealed carry permits,87 would appear
to be required to recognize all other states where one is entitled to carry concealed. In addition,
while the bill would preclude an individual from obtaining an out-of-state CCP to carry concealed
back in his state of residence, as discussed above, it may also be possible that an individual, who
obtains a CCP from his state of residence and subsequently moves into another state, would not
be able to use that CCP when he becomes a resident of the state where he moved.88
83

See Amendment #3 offered by Representative Louie Gohmert during the House Judiciary Committee mark-up of
H.R. 822, available at, http://judiciary.house.gov/hearings/pdf/
10132011%20Gohmert%20Amdt3%20%20FAILED.pdf (amendment would have added “District of Columbia” as a
location where individuals could carry concealed under the bill).
84
This also would be the effect of H.R. 822 as introduced. The bill explicitly states that an individual who is carrying
both the photographic identification document and the CCP “may possess or carry a concealed handgun … in any
State, other than the State of residence of the person” that has a statute allowing residents to carry concealed or does
not otherwise prohibit its residents from doing so. (emphasis added).
85
Idaho Code Ann. §18-3302 (2011); Ind. Code Ann. §35-47-2-3 (2011); and Me. Rev. Stat. tit. 25, §2003 (2011).
86
Or. Rev. Stat. §166.250 (2011). See also Oregon State Police, available at, http://egov.oregon.gov/OSP/ID/chl.shtml.
87
Cal. Penal Code §§12025, 12027; see also California Department of Justice, Bureau of Firearms, available at,
http://ag.ca.gov/firearms/pubfaqs.php#3; N.J. Stat. Ann. §2C:39-5 (2011) (making it a crime to possess a handgun
without first having obtained a permit to carry pursuant to New Jersey law).
88
It is unclear when one becomes a “resident” of a state, as the term “residence” is not defined in the bill. It is possible
(continued...)

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H.R. 822, as amended, further provides that an individual who takes advantage of nationwide
concealed carry would be subject to “the same conditions and limitations … that apply to the
possession or carrying of a concealed handgun by residents of the State” who are either licensed
by the state to carry or not prohibited from doing so.89 The amended bill, however, makes explicit
that an individual who carries pursuant to the bill would not be required to meet the “eligibility
[requirements] to possess or carry, [that are] imposed by” the state into which the individual
travels.90 For example, the state of Ohio generally prohibits possession of a firearm in any
establishment licensed to serve alcohol, in a court house, in government buildings and airports.91
Under H.R. 822, an individual who is otherwise allowed to carry in these locations in his state of
residence would be required to abide by Ohio law when carrying concealed in Ohio.
Additionally, H.R. 822, as introduced, stated that where an issuing authority is allowed to impose
additional restrictions on individual concealed carry permits, a firearm carried in that state would
be carried “according to the same terms authorized by an unrestricted license of or permit issued
to a resident of the state.” The Franks substitute does not include this provision. A state that issues
restricted CCPs, therefore, could attempt to argue that visitors would be subject to the restrictions
that are placed upon its own residents on a case-by-case basis.

H.R. 2900 (112th Congress)
H.R. 2900, the Secure Access to Firearms Enhancement Act of 2011, was introduced by
Representative Paul Broun. This bill is arguably much broader than H.R. 822 as it would permit
any person who (1) “is carrying a valid license issued pursuant to the law of any State and which
permits the person to carry a concealed firearm”; or (2) “is entitled to carry a concealed firearm in
and pursuant to the laws of the State in which the person resides carrying a concealed firearm in
his state of residence” to carry concealed in any state “subject to the laws of the State in which
the firearm is carried concerning specific types of locations in which firearms may not be
carried.” Thus, residents from states such as Vermont, Alaska, and Arizona would not need to
obtain a concealed carry permit to carry into another state. Moreover, it would be possible under
this bill for an individual to obtain an out-of-state CCP and carry in his state of residence in the
event he is not initially eligible for a CCP in his state of residence.

(...continued)
one could be considered a resident of a state where he lives eight months out of the year even though he has established
residency in another state by virtue of homeownership or driver’s license.
89
H.R. 822 as introduced stated that “a firearm shall be carried according to the same terms authorized by an
unrestricted license or permit issued to a resident of the State.”
90
While this arguably would be the implicit purpose and effect of the bill as introduced, Representative Trent Franks
introduced his substitute amendment during mark-up on October 13, 2011, stating his “substitute amendment simply
clarifies the underlying bill to make certain that states retain their ability to determine the eligibility rules regarding
their own residents are permitted to carry a concealed weapon. And the amendment also makes clear that state and local
laws regarding the possession and carrying of concealed weapons remain in place within the states borders for both
residents and non-residents alike just as each state sets its own traffic laws.” House Comm. on the Judiciary mark-up
October 13, 2011, Statement of Representative Trent Franks, available at, http://www.cq.com/doc/
congressionaltranscripts-3963227.
91
Ohio Rev. Code Ann. §§2923.121-123, 2923.1212 (2011).

Congressional Research Service

15

Federal Laws and Legislation on Carrying Concealed Firearms: An Overview

S. 176 (112th Congress)
Senator Barbara Boxer introduced S. 176, the Common Sense Concealed Firearms Permit Act of
2011. Under the bill, each state that allows residents to carry concealed firearms would be
required to establish a permitting process that requires its residents, who wish to carry concealed,
to obtain a CCP and meet certain eligibility requirements that would be established under the bill.
At a minimum, an applicant must be a legal resident of the United States; 21 years of age or
older; demonstrate good cause to the local law enforcement agency for requesting a CCP; and
demonstrate that he or she is “worthy of the public trust to carry a concealed firearm in public.”92
Thus, under S. 176, it appears that states such as Vermont and Alaska, which permit concealed
carry but do not require its residents obtain CCPs to carry within the state, would be required to
amend its laws to require residents to obtain CCPs. Moreover, some “shall-issue” states would
have to add “may-issue” type requirements. The bill does not explicitly provide that it would
allow holders of the state-issued CCP to carry in another state.

S. 1588 (112th Congress)
S. 1588, the Recreational Land Self-Defense Act of 2011, was introduced by Senator Jim Webb. It
would prohibit the Secretary of the Army from promulgating or enforcing any regulation that
prohibits an individual from possessing a firearm, including an assembled or functional firearm,
at water resources development projects managed by the Army Corps of Engineers.93 Under the
bill, an individual must not be prohibited by law from possessing a firearm, and the possession of
the firearm must be in compliance with the law of the state where the water resources project is
located. Thus, similar to the National Parks concealed carry legislation from 2009, an individual
would bear responsibility for knowing and complying with all applicable concealed carry laws of
the state or states where the water resources development project is located.

Author Contact Information
(name redacted)
Legislative Attorney
[redacted]@crs.loc.gov, 7-....

92

S. 176 would appear to allow a state to add other eligibility requirements in addition to those listed in the bill because
it uses the phrase “at a minimum” in its section on requirements.
93
S. 1588 specifically refers to “water resources development projects” covered under part 327 of title 36, Code of
Federal Regulations. For more information on Water Resources Development under the Army Corps of Engineers, see
The U.S. Army Corps of Engineers: A Brief History- Water Resources Development, available at,
http://www.usace.army.mil/History/Documents/Brief/14-water/water.html.

Congressional Research Service

16

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR42099. Public record. Not legal advice.