FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More

What is Reciprocity?

I. Introduction

Congress has made a specific policy statement in the United States Code, Chapter 44 covering firearms, that it is not preempting the field in firearms, which it could do (at least arguably) under the authority of the Commerce Clause. Further, under the status of federal firearms law at present, there is no federal license to carry a handgun [http://gunla.ws/title18].

This is where, why and how that reciprocity and reciprocal carry comes into play. The point of departure with the GLBS Guide is with delineating exactly what is meant by the various terms this legal concept embodies and has associated with it, collectively referred to by many Readers by some or all of the following terms:

  • Reciprocity
  • Reciprocal carry
  • Non-resident license
  • CCP, CCW, permit, license
  • Carrying in another state
Share
Ask a question about this

What these terms refer to, collectively, is a legal scheme whereby certain states that issue licenses to carry a concealed handgun have made agreements with other states so as to recognize some or all other state licenses to carry a handgun as valid for reciprocal carry in their state. In today’s mobile society, precisely understanding the implications of carrying in more than one state is an important starting point to carrying at all. Accordingly, the GLBS Guide dissects the various components of reciprocity.

Share
Ask a question about this

III. Varying Scope of Reciprocity Agreements

Different states have different scopes to reciprocity, if they have reciprocity at all. The fact that Your state is reciprocal with all states does not mean You can carry in all the states that Your state allows.

Recognizing All States.  Indiana’s reciprocity agreement reflects the broadest recognition of other states’ licenses: “Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms thereof but only while the holders are not residents of Indiana.”

With most states, the legislative body authorizing reciprocity agreements requires the attorney general, state police or a similar agency to verify, at a minimum, that the other state recognizes their licenses for their residents. Hoosiers face a situation in which there are states that do not recognize their license, while Indiana recognizes licenses from all other states.

In the balance of states, the statutory authority requires a written agreement between the states and/or verification that their licensing requirements, particularly in terms of training and qualification with firearms, is as strict as theirs so that the state’s residents are ensured the same measure of safe gun-handling by non-residents.

Buy Gun Laws By State Now

Like what you see here? Buy the book today and support this information and the gun law community. Thank you!


Share
Ask a question about this

IV. Reciprocity Agreements Change

Finally, reciprocity agreements, once reached between states, might terminate at some point in time, as was recently the case between Florida and Utah; both of these states also have prolific non-resident licensing programs. A number of states signed new reciprocity agreements in 2016, and also revoked a number of agreements.

Share
Ask a question about this

V. Conclusion

Do You now understand the legal concept of reciprocity?  It is state-based and not a federal right, similar to certain professional licenses, where one state recognizes another’s subject to some minor paperwork. There may be no reciprocity between certain states and, therefore, preclude Your carry in that state. It is an imperfect solution, but that is the alternative unless and until Congress passes a federal provision that is signed into law by the President.

Share
Ask a question about this


FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More