Memos

Request to Docket a Resolution to Oppose Concealed Carry Reciprocity Act of 2017 (H.R. 3 8) and Constitutional Concealed Carry Reciprocity Act of 2017 (S. 446)

October 3, 2017

On January 3, 2017, the Concealed Carry Reciprocity Act of 2017 (H.R. 38) was introduced by Rep. Richard Hudson (Attachment 1). This bill would create national reciprocity for state concealed carry permits, meaning that it would force every state to recognize CCW issued by other states, regardless of the permitting standards of the issuing state. Additionally, this bill notes that an individual who has a CCW permit from another state is not subject to the federal prohibition on possessing a firearm in a school zone, and may carry or possess the concealed handgun in federally owned lands that are open to the public. On February 27, 2017, Constitutional Concealed Carry Reciprocity Act of 2017 (S. 446) was reintroduced by Senator John Cornyn, which is a companion bill to HR. 38 (Attachment 2).

Under California law, in order to obtain a CCW permit, an individual must meet specific requirements, including having "a good cause" for carrying a weapon and pass a training course. Furthermore, if an individual has a CCW permit from another state, that individual is prohibited from carrying a concealed weapon, unless they obtain a CCW permit in California.

While many states have chosen to set up strong regulations regarding CCW, it is important to recognize that some states have chosen to have either very loose regulations or none at all. If passed, H.R. 38 and S. 446 would seriously undermine California's current regulations regarding

CCW permits. Furthermore, these bills would override the Gun Free School Zones Act, which makes it a federal crime to carry a gun in a school zone.

Currently, there is no provision included in the City's 2017 State and Federal Legislative Platform regarding CCW permits. The adoption of these bills would have a negative impact on the California's CCW laws and would likely make it more challenging for the San Diego Police Department to enforce state law.

For the reasons stated above, we believe it is important for this item to be considered at the Economic Development and Intergovernmental Relations Committee. We are respectfully requesting docketing a resolution in opposition to the following bills being considered by Congress: Concealed Carry Reciprocity Act of 2017 (H.R. 3 8) and Constitutional Concealed Carry Reciprocity Act of 2017 (S. 446). For your consideration, we have attached a draft resolution for your consideration that would amend the 2017 State and Federal legislative platform to oppose HR 38 and S446 (Attachment 3).

David Alvarez with District 80 residents
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