North Carolina Congressman Richard Hudson has introduced the Concealed Carry Reciprocity Act of 2017, H.R. 38. It has two co-sponsors from New York, Lee Zeldin and John Katko.
Variations of this bill have been floating around for ~20 years. I don’t know if this particular one is the “final” one NRA would like to move through Congress. They have issued a supporting statement for it.
It doesn’t have to be a perfect bill. Something that basically says people from outside the state can carry in New York may open up new legal challenges to the Sullivan Act. Ex. Why could a Pennsylvania resident carry in New York City, but me as a state resident, could not?
Also, non-residents should not take reciprocity as an invitation to carry in the state. I can see the NYPD arresting people in spite of such a law as has been done before with travelers passing through the airports who were protected under FOPA. This is just a good next step for us.
So you have someone legally transporting a firearm and their flight is diverted to a NY airport through no intent of theirs and they are immediately arrested. That is mind numbing. It is Schumer, Cumhole, and the whole Bolshevik crew hating our guts and getting us any way they can. And yes, they will defy reciprocity, just as they defy the constitution, the Heller precedent, and any other law they don’t like, and the fucking Obama / Clinton fake Judges will uphold it and they fucking know that. Meanwhile, Cumhole just commuted the sentence of a fucking Cop killer, calling her “intriquing” or some shit like that. Meanwhile, CNN Lemon does not believe that the 4 that tortured the handicapped man is evil. Believe these fucking assholes?
I am a summer resident of the North Country while being a full time resident of Texas. I was concerned that any bill would provide for carry while not addressing possession. I have been advised that the Judge signing off on Pistol Permits in my summer county isn’t particularly firearms friendly, so have not even started the paperwork required for the Permit since the courts determined we part time residents could qualify for a permit. Reading the bill, it provides for possession as well as carry, so my concern was addressed.
Further, the bill also provides that a person complying with the provisions of the eventual statute “…may not be arrested or otherwise detained…” unless there is probable cause to believe that the person did not comply with the statute’s provisions. The possession of the stipulated document(s) is stated to be prima facie evidence of compliance.
The bill provides that where a person prevails in a criminal prosecution, the Judge will award appropriate attorney’s fees. Further the bill provides that such a successful person may file a civil action against the person(s) and entity/ies which attempted to deprive him of his civil right under color of law.
That will not stop NYPD from arresting people.
Assuming that the comment about NYPD is directed at my post, the provision for Federal civil suit against NYPD officers, personally, and NYPD organizationally, should be cause for the NYPD to pause. But perhaps not. Maybe the union will cover the damages and costs awarded in the probable event of a successful civil action. The language involved in the statute regarding civil suit involves depriving the person of his civil rights under color of law. This provides the possibility of using a Civil Rights era Federal Criminal statute, 18 USC 242, to Federally prosecute the NYPD Officer(s), though I have to admit it would be a real trick, worthy of a Houdini, to convince a Southern District Assistant US Attorney to bring criminal charges for locals ignoring Federal statute. But the first LEO even indicted, much less convicted, for a violation of 18 USC 242 would be a strong impetus to avoid violating the statute by arresting in defiance of the law.