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National Concealed Carry Reciprocity in 2026: Where H.R. 38 Stands and What It Says

By Cole Harlan, EditorUpdated Nov 3, 2026How we verifyEditorial standards

National concealed carry reciprocity would let a law-abiding gun owner who can carry at home carry a concealed handgun in other states too, the way a driver's license works across state lines. The bill in the 119th Congress is H.R. 38, the Constitutional Concealed Carry Reciprocity Act of 2025. As of Nov. 3, 2026, Congress.gov shows it reported by the House Judiciary Committee and waiting on the Union Calendar, with no House floor vote. It is not law.

Not legal advice. Nothing on this page is in force today. Until a reciprocity bill is enacted, each state decides whose permits it honors. Check the law of every state you will carry in or drive through, and ask a lawyer licensed there. Bill status below is from Congress.gov as read on Nov. 3, 2026.

H.R. 38 and S. 65 status (Nov. 3, 2026)

Bill	Sponsor	Latest official action
H.R. 38 (House)	Rep. Richard Hudson (R-NC-9), 189 cosponsors	Introduced Jan. 3, 2025 and referred to House Judiciary. Ordered reported, amended, on Mar. 25, 2025 by a recorded vote of 18-9. Reported Oct. 3, 2025 (H. Rept. 119-337) and placed on the Union Calendar, No. 289. No floor vote recorded.
S. 65 (Senate)	Sen. John Cornyn (R-TX), 49 cosponsors	Introduced Jan. 9, 2025, read twice and referred to the Senate Judiciary Committee. No further action recorded.

Both bills carry the same short title. A bill that hasn't passed both chambers and been signed when the 119th Congress ends on Jan. 3, 2027 dies and has to be reintroduced in the next Congress.

What H.R. 38 would do, in the bill's own words

The reported version would add a new section, 18 U.S.C. 926D, to the federal firearms chapter. We quote the reported text published by the Government Publishing Office.

Who qualifies. A person "who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides."
What they could carry. "A concealed handgun (other than a machine gun or destructive device)" that has moved in interstate commerce. The bill defines "handgun" to include "any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine."
Where. In any State that "(1) has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or (2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes."
Permitless-carry residents. The words "or is entitled to carry a concealed firearm in the State in which the person resides" cover residents of constitutional carry states. They would still need the photo ID.
What it leaves to states. It "shall not be construed to supersede or limit the laws of any State that" let private owners ban concealed guns on their property, or that "prohibit or restrict the possession of firearms on any State or local government property, installation, building, or base."
Protection from arrest. A person carrying under the section "may not be arrested or otherwise detained" for a state gun-carry violation "unless there is probable cause to believe that the person is doing so in a manner not provided for by this section." Showing facially valid documents "is prima facie evidence" of a qualifying license or permit.
In court. If the section is raised as a defense, "the prosecution shall bear the burden of proving, beyond a reasonable doubt," that the carry didn't qualify, and a defendant who wins gets "a reasonable attorney's fee." It also creates a civil action, with attorney's fees, against anyone who deprives a person of the right "under color of any statute, ordinance, regulation, custom, or usage of any State."
School zones and federal land. A person carrying under the section "shall not be subject to the prohibitions of section 922(q)" (the federal Gun-Free School Zones Act) and may carry in the parts of the National Park System, National Wildlife Refuge System, BLM land, Army Corps of Engineers land, Bureau of Reclamation land and Forest Service land that are open to the public.
Effective date. "90 days after the date of the enactment of this Act."

What federal law already covers

Two sections already on the books are often confused with reciprocity:

18 U.S.C. 926A, interstate transportation. A person not prohibited from having a firearm may transport it "from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm" if it "is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment." In a vehicle without a separate trunk, it goes in "a locked container other than the glove compartment or console." This is a rule for transport, not for carry.
18 U.S.C. 926C, LEOSA. A "qualified retired law enforcement officer" carrying the required identification "may carry a concealed firearm" nationwide, with the same private-property and government-property carve-outs H.R. 38 copies. It covers retired officers, not private citizens.

What to do until it passes

Today a permit counts in another state only if that state honors it under its own law. Before a trip, read the official law of every state on the route, including the ones you just drive through. Start with each state's statute in our constitutional carry list, and keep the 926A transport rules in mind for states that won't honor your permit.

Shopping for a carry gun? See the new micro-compact pistols of 2026.

Frequently asked questions

Is national concealed carry reciprocity law in 2026?

No. As of Nov. 3, 2026, Congress.gov shows H.R. 38 reported by the House Judiciary Committee on Oct. 3, 2025 and placed on the Union Calendar, with no House floor vote. The Senate bill, S. 65, is in the Senate Judiciary Committee.

What is H.R. 38?

H.R. 38 is the Constitutional Concealed Carry Reciprocity Act of 2025, introduced by Rep. Richard Hudson on Jan. 3, 2025. It would add 18 U.S.C. 926D, letting a person who isn't federally prohibited, carries a photo ID, and holds a home-state carry permit or may carry without one at home carry a concealed handgun in other states.

Would H.R. 38 cover people from constitutional carry states?

Yes, as reported. It covers a person who holds a valid permit "or is entitled to carry a concealed firearm in the State in which the person resides." They would also need a valid photo identification document.

Would H.R. 38 override gun-free zones?

Not all of them. It leaves in place state laws that let private owners bar concealed guns on their property and state laws restricting guns on state or local government property. It does exempt covered carriers from the federal school-zone ban in 18 U.S.C. 922(q) and allows carry on public parts of listed federal lands.

Can I drive through a state that doesn't honor my permit?

Federal law, 18 U.S.C. 926A, protects transporting a firearm between two places where you may lawfully have it, if it is unloaded and neither the gun nor the ammunition is readily accessible from the passenger compartment. That is a transport rule, not permission to carry. Check each state's law.

National Concealed Carry Reciprocity in 2026: Where H.R. 38 Stands and What It Says

H.R. 38 and S. 65 status (Nov. 3, 2026)

What H.R. 38 would do, in the bill's own words

What federal law already covers

What to do until it passes

Frequently asked questions

Sources

Keep exploring

H.R. 38 and S. 65 status (Nov. 3, 2026)

What H.R. 38 would do, in the bill's own words

What federal law already covers

What to do until it passes

Frequently asked questions

Sources

Keep exploring

The Gun Release Report