Constitutional Carry States' Rights Act Introduced in the House

Statement

U.S. Sen. Mike Rounds (R-S.D.) made the following statement after companion legislation to his Constitutional Carry States' Rights Act was introduced in the House of Representatives last week by Rep. Kevin Hern (R-Okla.):

"I thank Rep. Hern for introducing our Constitutional carry legislation in the House," said Rounds. "Our bill, which I introduced in the Senate earlier this year, would close federal loopholes in the Gun-Free School Zones Act to make sure individuals who choose to exercise their Second Amendment rights are treated the same way as those who possess concealed handguns with a permit. I look forward to working with Rep. Hern and our colleagues in Congress to advance our legislation that protects the Second Amendment rights of Americans."

Background:

The Constitutional Carry States' Rights Act that would close a loophole in the Gun-Free School Zones Act to give law-abiding citizens in states with Constitutional carry laws the same legal authority to possess a firearm as individuals in states that require a permit to carry a concealed weapon.

-Enacted in 1990, the Gun-Free School Zones Act makes it a federal crime to possess a firearm within 1000 feet of a school zone, with exceptions for law enforcement, school-sanctioned activities and individuals licensed by the state to possess a firearm, such as an individual with a concealed carry permit. Current federal law only makes exceptions if the individual is "licensed to do so by the State in which the school zone is located." The state must also verify the individual is eligible prior to issuing a license. Because of this specific requirement of state licensure, lawful individuals in states with Constitutional carry laws are not included in the exemption because they are able to carry without a specific state permit.

-Further, the current exemption does not apply to out-of-state individuals lawfully carrying a concealed weapon because the exemption is limited to people licensed in the state where the school zone is located.

-This legislation would close both of these loopholes. This would, in essence, return the federal law to what was in place before Constitutional carry was enacted in South Dakota and extend additional protections to law-abiding gun owners nationwide.

-Rounds introduced the Senate version of the bill in May 2019.

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