Legislation, truckers’ lawsuit address concealed carry permits across state lines
A federal lawsuit filed by a pair of truck drivers and a bill introduced in Congress both attempt to solve issues that traveling gun owners face with a patchwork of state gun laws.
On Tuesday, Jan. 7, two long-haul truck drivers filed a lawsuit claiming Minnesota law violates their Second Amendment right by not recognizing their concealed carry permits from their home state. The following day, a federal lawmaker introduced a bill prohibiting states from doing exactly that by establishing nationwide reciprocity for licensed gun owners.
Both the lawsuit and proposed legislation address an issue that interstate truck drivers have been complaining about for years, as carrying a firearm in their truck could land them in hot water, depending on where they travel. President-elect Donald Trump has recently thrown support behind nationwide concealed carry reciprocity.
Listen to Land Line Now’s report about problems with handguns in truck cabs:
Truckers can find out which states recognize their home state’s gun permits by checking out the U.S. Concealed Carry Association’s reciprocity map.
Truckers’ lawsuit
In their lawsuit, interstate truck drivers David McCoy II and Jeffrey Johnson Sr. are suing Minnesota over its concealed carry reciprocity laws.
Like many states, Minnesota recognizes gun permits only from states with gun laws similar to or stricter than its own. Consequently, its concealed carry reciprocity law recognizes permits from 20 other states, while invalidating permits from the remaining 29 states.
Anyone from one of those 29 states traveling through Minnesota with a firearm has to have the gun unloaded and in a gun case that fully encloses the firearm by being “zipped, snapped, buckled, tied or otherwise fastened” without any of the gun exposed, according to state law. Otherwise, certain out-of-state gun owners can face hefty fines and potential felony charges.
McCoy possesses a Texas license-to-carry permit, while Johnson holds a Florida concealed weapons license and a Georgia weapons carry license. On top of the firearm permits, both drivers have passed an extensive federal government background check necessary to obtain their Transportation Workers Identification Credential (TWIC) card.
Both truck drivers expressed their desire to have a readily available firearm in their truck while traveling through Minnesota “for the purpose of self-defense.” Instead, they have to keep their gun securely stored, “inaccessible and unusable.”
The lawsuit claims Minnesota’s concealed carry reciprocity law is unconstitutional.
“Minnesota’s failure to honor lawfully issued firearm permits from all states places an unreasonable burden on plaintiffs’ Second Amendment right to bear arms,” the lawsuit states. “Individuals do not lose their constitutional rights simply by crossing into another state. In fact, there is no other constitutional right that Minnesota requires a visiting individual to first obtain permission before they may exercise a fundamental right.”
To be compliant in Minnesota, McCoy and Johnson would have to obtain a Minnesota concealed carry permit. That requires applying in person, paying a fee of up to $100 and waiting up to 30 days for a decision. If the permit is issued, it is mailed to the applicant’s residence. When the permit expires after five years, the renewal process is also done in person.
“Plaintiffs travel for a living and live on the road, constantly driving through the 48 contiguous states. It is too costly, time-consuming, and onerous a burden on their Second Amendment right to have to obtain a firearm permit from every state that they travel to or through.”
The lawsuit is asking a federal court to deem Minnesota’s concealed carry reciprocity a violation of the Second Amendment and to order the state to recognize gun permits issued from all other states.
Concealed Carry Reciprocity Act
Meanwhile in Congress, a bill in the House aims to accomplish what the truck drivers’ lawsuit is asking – but nationwide.
Just one day after the lawsuit was filed, Rep. Richard Hudson, R-N.C., introduced the Constitutional Concealed Carry Reciprocity Act. The bill, HR38, establishes nationwide reciprocity for gun owners with applicable permits and for residents of states that do not require permits, also known as Constitutional carry states.
“Our Second Amendment right does not disappear when we cross invisible state lines, and this commonsense legislation guarantees that,” Hudson said in a statement. “The Constitutional Concealed Carry Reciprocity Act will protect law-abiding citizens’ rights to conceal carry and travel freely between states without worrying about conflicting state codes or onerous civil suits. I am proud to see such strong and widespread support, and I will not stop fighting to get this legislation signed into law.”
This isn’t Hudson’s second or third bite at the apple. He has introduced the Concealed Carry Reciprocity Act in 2015, 2017, 2019, 2021 and 2023. The bill managed to pass the House in 2017 but died in the Senate.
Right out of the gate, the Concealed Carry Reciprocity Act has 151 co-sponsors, including one Democrat, Rep. Jared Golden of Maine. More importantly, Trump indicated in November that he is ready to sign a concealed carry reciprocity bill into law.
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Similar to the 115th Congress in 2017, Republicans currently control both chambers. However, Republicans’ control over the House is much narrower today at 219-215 compared to the 235-193 majority held in 2017. The Concealed Carry Reciprocity Act passed the House in 2017 with a 231-198 vote, including 14 Republicans voting against it and only six Democrats supporting the bill. LL