President Trump Says Administration Is 'Working' on National Right to Carry Reciprocity

AP Photo/Julia Demaree Nikhinson

The Second Amendment remains the only right that basically ends at the border of the state where you live. Once you cross the state line, it's up to politicians in the other 49 states (as well as U.S. territories and the District of Columbia) to decide if they'll recognize your right to carry. 

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President Donald Trump, however, wants to change that, as he made clear on Tuesday at a speech in Pennsylvania. 

National right to carry legislation is being pushed by Rep. Richard Hudson, and has been ready for a vote by the full House since last October. 

The fact that HR 38 has yet to receive a vote suggests that more work needs to be done in order to ensure passage in the lower chamber, and so long as the filibuster remains in place the measure doesn't stand a chance of passage. 

Adding to the slender House majority and keeping the Senate in Republican hands is critical if HR 38 is going to move forward, but is there anything else the Trump administration could do to see the Second Amendment recognized across state lines? 

The Supreme Court turned away two challenge to non-resident carry laws earlier this year when it denied cert in Marquis v, Massachusetts and Gardner v. Maryland. Those would have been good vehicles to address the issue of recognition of out-of-state permits, and it's a shame that the DOJ didn't weigh in with an amicus brief in support of either legal challenge. 

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There is, however, at least one potential avenue for the DOJ to take; amending its lawsuit against the U.S. Virgin Islands to take on the territory's carry laws. Supposedly, non-residents can apply for temporary reciprocity with the Virgin Islands Police Department, but a link to the VIPD's website explaining the process is dead. 

Kosei Ohno, who heads Virgin Islands Safe Gun Owners, is also the plaintiff in an ongoing lawsuit where alleges he couldn't renew his Virgin Islands carry license unless he provided a Virgin Islands driver's license, which suggests that non-residents may either be denied outright or at the very least subject to arbitrary and capricious decision-making on the part of the VIPD when it comes to issuing licenses or recognizing those from the 50 states. 

If Gov. Albert Bryan signs the sweeping gun control bill recently approved by USVI senators, the DOJ is almost certainly going to have to amend its complaint anyway. Why not include a challenge to the territory's lack of recognition for non-Virgin Islands carry permits too? Such a move wouldn't guarantee that the Supreme Court would take the case when it reaches the justices, much less rule in favor of the DOJ Civil Rights Division, but if President Trump is serious about pursuing national right-to-carry reciprocity, he doesn't have to stick solely with the legislative branch. The DOJ is already doing historic work in defending the right to keep and bear arms from state and local infringement, and it could address the right to carry conundrum directly by suing the U.S. Virgin Islands over its restrictions on non-residents exercising their right to bear arms. 

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