(Land Line Media)—A patchwork of concealed carry laws can turn a law-abiding truck driver into a criminal instantly just by that driver crossing a state line. A lawsuit filed by a pair of truckers and a bill in Congress both aim to fix that.
In January, 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. Just one day after that complaint was filed, 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 Donald Trump has thrown his support behind nationwide concealed carry reciprocity.
Truckers can find which states recognize their home state’s gun permits by checking the U.S. Concealed Carry Association’s reciprocity map at USConcealedCarry.com.
Truckers put reciprocity laws in legal crosshairs
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.
“It’s an absolute spiderweb of rules and regulations that I’ve had to learn over the past 10 years and check and recheck every time I cross the state line,” McCoy told Land Line Now.
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 states.
Truck drivers are far from the only people significantly impacted by the patchwork of concealed carry reciprocity laws.
Loren Seehase, an attorney at Liberty Justice Center representing McCoy, said RVers also face potential felony charges.
“If you’re just a family going on a camping trip and you’ve got your RV and you’re traveling across the country and you’re literally living in your RV, as you go across state lines, you may or may not be able to defend yourself and your family based on that state’s laws,” Seehase said. “So it does affect millions of Americans as they travel, not just David, not just the trucking industry.”
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 had 151 co-sponsors, including one Democrat, Rep. Jared Golden of Maine. On March 25, the bill cleared the Judiciary Committee with an 18-9 party-line vote with Republicans voting in favor. Trump indicated last November that he is ready to sign a concealed carry reciprocity bill into law.
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.
The U.S. Concealed Carry Association and the National Rifle Association both support the Concealed Carry Reciprocity Act.
“This legislation is critical to ensuring law-abiding gun owners can defend themselves and their loved ones regardless of geography or location,” Concealed Carry Association President and Co-Founder Tim Schmidt said in a statement. “The USCCA remains committed to seeing H.R. 38, the Constitutional Concealed Carry Reciprocity Act, the most consequential reform for gun owners nationwide, signed into law.”
Author: Tyson Fisher