Concerns Raised Over HR 38: Concealed Carry Reciprocity

The Fraternal Order of Police (FOP), along with the International Association of Chiefs of Police (IACP), has reached out to Congress, urging them to dismiss state reciprocity for concealed carry licenses.

This legislation, known as HR 38 and championed by Rep. Richard Hudson (R), would allow a concealed carry permit from one state to be recognized as valid across 49 other states.

Titled the “Constitutional Concealed Carry Reciprocity Act,” this bill aims to change how state and local laws interact with firearm carrying permits.

The FOP and IACP expressed concerns that this law would essentially grant exemption to individuals who possess valid photo IDs under local firearms laws and assert they are legally carrying a firearm based on their home state’s laws.

Furthermore, they raised issues about a specific clause in the bill, which states that someone who feels their rights have been infringed could take legal action against law enforcement officers, while still shielding the officers from qualified immunity. This scenario could hinder police from verifying if individuals are truly following the firearm regulations of their state. It might also increase the risk of civil liability for officers if, say, they seize a firearm during an investigation involving another potential crime.

The FOP and IACP argued that such state reciprocity would jeopardize police safety and undercut the concept of qualified immunity. They clarified that this immunity is designed to protect officers from civil suits unless they clearly violate established legal rights. The notion that an officer might confront someone who is armed adds a layer of genuine legal risk to their duties.

On November 14, 2025, a report by Breitbart News highlighted that Gabby Giffords’ gun control organization criticized HR 38, labeling it as a “dangerous bill” being advocated for by “extremists” aiming to facilitate the carrying of “concealed guns.”