Civil-Suit Provision in the House-Passed Concealed Carry Reciprocity Act of 2017 (H.R. 38) [February 20, 2018] [open pdf - 268KB]
"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 civilsuit 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."
CRS Memorandum, February 20, 2018