HR 38 · 119th Congress

Newsworthy

Constitutional Concealed Carry Reciprocity Act of 2025

gun rightsconcealed carryfirearms lawstate gun lawsfederal public lands
Share

Last action 2025-10-03

Sponsored by Rep. Hudson, Richard [R-NC-9] (R) — NC

Click any stage to learn more about the legislative process.

Would require every state that permits residents to carry concealed handguns to also allow qualifying nonresidents to do so, creating a nationwide concealed-carry reciprocity framework under federal law.

The bill would preempt most conflicting state and local restrictions, give carriers the right to sue if their federally recognized carry rights are violated, and explicitly extend carry rights to federal public lands — a major shift in how gun-carry laws interact across state lines.

What this bill would do

What it would do

The bill would add a new section (18 U.S.C. § 926D) to federal law establishing that any person not prohibited under federal law from possessing a firearm, who holds a valid concealed-carry license or permit issued by any state (or who lives in a state that allows permitless carry), may carry a concealed handgun in any other state that either issues concealed-carry permits or does not prohibit concealed carry by its own residents. The carrier must have a valid photo ID and the relevant license or permit. The bill would also preempt most state and local laws that would otherwise restrict such carry, protect carriers from arrest absent probable cause, and explicitly permit carry on federal public lands including National Park System units, National Wildlife Refuges, Bureau of Land Management land, Army Corps of Engineers land, Bureau of Reclamation land, and National Forest land.

The bill would not override private property owners' rights to prohibit firearms on their premises, nor would it affect state or local government property restrictions. In criminal proceedings, the prosecution would bear the burden of proving beyond a reasonable doubt that the defendant did not meet the bill's conditions. Successful defendants could recover attorney's fees. Individuals whose rights under this section are violated could also bring a federal civil lawsuit for damages and attorney's fees against any person — including a state or local government — responsible.

Key provisions

  1. 1Would allow any person not federally prohibited from owning firearms, who holds a valid state concealed-carry permit or lives in a permitless-carry state, to carry a concealed handgun in any state that allows its own residents to carry concealed.Sec. 2(a)
  2. 2Would preempt most state and local laws restricting nonresident concealed carry, while preserving private property owners' rights and state/local government property restrictions.Sec. 2(a)
  3. 3Would bar arrest or detention of a carrier complying with the bill's requirements; shifts the burden of proof to the prosecution in criminal proceedings and awards attorney's fees to successful defendants.Sec. 2(a)
  4. 4Would create a private right of action allowing carriers to sue states, localities, or individuals who deprive them of rights under this section, with damages and attorney's fees available to prevailing plaintiffs.Sec. 2(a)
  5. 5Would explicitly permit qualifying carriers to carry concealed handguns on federal public lands open to the public, including National Parks, National Wildlife Refuges, BLM land, Forest Service land, and Army Corps of Engineers land.Sec. 2(a)
  6. 6Would exempt qualifying carriers from the federal Gun-Free School Zones Act prohibition (18 U.S.C. § 922(q)) while carrying under this section.Sec. 2(a)

Who would be affected

Individuals who hold a concealed-carry permit from any state, or who reside in a permitless-carry state, and wish to carry across state lines. State and local law enforcement agencies, whose authority to enforce state concealed-carry restrictions would be preempted. State and local governments, who could face civil suits for interfering with the federally established carry right. Visitors to federal public lands who currently navigate varying state rules.

Why it matters

States with stricter concealed-carry laws — including permit requirements or outright bans on nonresident carry — would lose the ability to enforce those rules against qualifying nonresidents. Carriers would gain a federal legal backstop, including protection from arrest and the right to sue for damages, wherever they travel. Law enforcement agencies would need to adjust procedures and could face liability for wrongful stops or detentions.

What would change

Changes to existing law

Amends Title 18, United States Code, Chapter 44 (Sec. 2(a))

Adds new section 926D establishing federal concealed-carry reciprocity, preempting most state carry restrictions for qualifying nonresidents.

Amends 18 U.S.C. § 922(q) (Gun-Free School Zones Act) (Sec. 2(a))

Exempts persons carrying concealed handguns under the new reciprocity provision from the Gun-Free School Zones Act prohibition.

Agencies directed to act

Bureau of Land ManagementArmy Corps of EngineersBureau of ReclamationForest ServiceNational Park ServiceU.S. Fish and Wildlife Service

Effective dates

  • All amendments made by the bill take effectSec. 2(d)Within 90 days of enactment

How implementation would work

The new section would take effect 90 days after enactment; no rulemaking is required. The bill is largely self-executing: a carrier who presents facially valid photo ID and a concealed-carry license or permit establishes a prima facie defense against state enforcement. Criminal prosecutions under state law would shift the burden of proof to the government. Civil enforcement is driven by private lawsuits rather than agency action, with courts authorized to award damages and attorney's fees to prevailing plaintiffs. No federal agency is designated to administer or oversee the program.

Legislative status & sources

Latest action

Placed on the Union Calendar, Calendar No. 289.

2025-10-03

Official CRS summary

Show the CRS summary

This bill establishes a federal statutory framework to regulate the carry or possession of concealed firearms across state lines.

Specifically, an individual who is eligible to carry a concealed firearm in one state may carry or possess a concealed handgun (other than a machine gun or destructive device) in another state that allows its residents to carry concealed firearms.

It sets forth requirements for lawful concealed carry across state lines. The bill preempts most state and local laws related to concealed carry and establishes a private right of action for a person adversely affected by interference with a concealed-carry right established by this bill.

From the Congressional Research Service.

Legislative subjects

Civil actions and liability; Crime and Law Enforcement; Firearms and explosives; Forests, forestry, trees; Intergovernmental relations; Judicial procedure and administration; Land use and conservation; Legal fees and court costs; Parks, recreation areas, trails; State and local government operations; Wilderness and natural areas, wildlife refuges, wild rivers, habitats

Committee report

H. Rept. 119-337

Congressional Bill

Ask GovernmentReporter about this bill

Ask anything about this bill. The AI can look up referenced laws and statutes to provide context.

HR 38: Constitutional Concealed Carry Reciprocity Act of 2025 | Legislation Reporter