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1 (February 20, 2018)

handle is hein.crs/crsmthzzabm0001 and id is 1 raw text is: ~Congressional SResearch Service ~ Informing th o egislative debate since 1914 MEMORANDUM February 20, 2018 Subject: Civil-Suit Provision in the House-passed Concealed Carry Reciprocity Act of 2017 (H.R. 38) From: Sarah Herman Peck, Legislative Attorney, shermanpeck ctrs.loc.gov, 7-0796 This memorandum was prepared to enable distribution to more than one congressional office. This memorandum evaluates legal issues potentially arising from the civil-suit provision in H.R. 38, the Concealed Carry Reciprocity Act of 2017, which the House of Representatives passed on December 6, 2017.1 The bill's broader purpose is to allow persons who are eligible to carry a concealed handgun in one state to lawfully carry a handgun in other states that have a concealed-carry regime for their residents, without regard to differences in the states' eligibility requirements for concealed carry.2 The bill's civil- suit provision, broadly speaking, authorizes a private right of action against any person who interferes with a concealed-carry right that the bill establishes. This memorandum evaluates what rights are created by the bill, identifies who may be able to sue and be sued under the bill's civil-suit provision, addresses questions of sovereign immunity raised by the civil-suit provision, and examines potential liability under H.R. 38 versus 42 U.S.C. § 1983. H.R. 38 Civil-Suit Provision The civil-suit provision in H.R. 38 provides that: [a] person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief. 3 Accordingly, the civil-suit provision potentially authorizes a person who is deprived of a concealed-carry right secured by H.R. 38 to sue the responsible person or state or local government entity. Additionally, H.R. 38 allows successful plaintiffs to recover money damages and attorney's fees.4 1 The Concealed Carry Reciprocity Act of 2017, H.R. 38, 115th Cong., 1st Sess. (2017) (as passed by the House on Dec. 6, 2017) [hereinafter H.R. 38]. 2 H.R. 38 provides that its reciprocity requirements would not supersede state laws that (1) allow private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or (2) prohibit or restrict firearm possession on any state or local govermnent property, installation, building, base, or park. Id. § 101. H.R. 38 is otherwise silent on whether state laws pertaining to firearm possession eligibility would be affected by the bill's concealed-carry reciprocity provisions. 3id. 4 [d. Cogeso al R _sarch Service0