Sen. Doug Mastriano (R-33)
The Second Amendment of the United States Constitution guarantees the right to keep and bear arms, a fundamental freedom that has defined American identity and self-reliance for more than two-and-a-half centuries. Yet, despite this constitutional protection, law-abiding gun owners face a growing challenge: the inconsistency of firearm laws across state lines, which has led to unfair detentions, legal battles and the infringement of individual rights.
To address this issue, we have introduced Senate Bill 244, the “Protecting the Rights of Concealed Carry Permit Holders Traveling Across State Lines Act.” This legislation would prevent Pennsylvania concealed carry permit holders from being unfairly targeted when traveling to states that do not honor our reciprocity agreements. By ensuring that Pennsylvania’s Firearms License Validation System is not misused by out-of-state authorities, Senate Bill 244 would protect the rights of our citizens and uphold the integrity of the Second Amendment.
The right to bear arms is deeply embedded in American history, tracing its roots back to the English Bill of Rights of 1689, which recognized the right of individuals to defend themselves. When the Founding Fathers drafted the U.S. Constitution, they understood that an armed citizenry was essential to preventing tyranny and ensuring personal safety.
As James Madison, the “Father of the Constitution,” wrote in Federalist No. 46:
“The advantage of being armed, which the Americans possess over the people of almost every other nation, forms a barrier against the enterprises of ambition.”
Similarly, Thomas Jefferson emphasized the importance of gun ownership, stating:
“No free man shall ever be debarred the use of arms.”
The Second Amendment was never meant to be confined by arbitrary state lines. Our constitutional rights do not end when we cross into another state, and neither should our ability to protect ourselves and our families.
However, Pennsylvania concealed carry permit holders are at risk when traveling to certain states without reciprocity agreements. Law-abiding gun owners – who have undergone rigorous background checks and met all licensing requirements – have been wrongfully detained and subjected to legal harassment simply for exercising their rights.
Many Pennsylvanians travel for work, to visit family or to vacation in other states, and they should not have to choose between their constitutional rights and their personal safety. There have been documented cases of individuals being pulled over for routine traffic stops, only to be detained for hours after out-of-state law enforcement accessed Pennsylvania’s Firearms License Validation System and found their concealed carry permit.
This misuse of information is unacceptable. Pennsylvania citizens should not be treated as criminals simply for carrying a firearm legally under the laws of their home state.
Senate Bill 244 would amend Title 18 of Pennsylvania law to prohibit the sharing of Firearms License Validation System data with states that do not honor Pennsylvania’s reciprocity agreements.
Specifically, the bill would:
- Protect law-abiding citizens. It would prevent out-of-state law enforcement from targeting Pennsylvanians based on legally obtained concealed carry permits.
- Ensure equal treatment: Concealed carry permit holders should be treated the same as other law-abiding citizens, without fear of undue harassment.
- Prevent data misuse. It would limit access to Pennsylvania’s Firearms License Validation System only to states that have agreed to honor Pennsylvania’s concealed carry permits.
- Strengthen Second Amendment rights. It would reaffirm Pennsylvania’s commitment to protecting gun owners and preserving their rights beyond state lines.
- Align with other states’ actions. The bill follows successful legislation in Virginia and other states that have acted to protect their concealed carry permit holders.
Virginia, Florida and Texas have passed similar measures to protect their citizens from unjust treatment in anti-gun states. These laws prevent non-reciprocal states from accessing concealed carry permit data, ensuring that lawful gun owners are not subjected to unfair detentions.
Additionally, 23 states have Constitutional Carry laws, meaning that law-abiding citizens do not even need a permit to carry a concealed weapon. Pennsylvania’s failure to protect its gun owners puts them at risk even while states with stronger pro-gun laws recognize their rights.
If states like Virginia and Texas can take a stand against government overreach, so can Pennsylvania. It is time for our legislature to prioritize the rights of our citizens over bureaucratic red tape and anti-gun activism.
It’s a matter of fairness and constitutional rights. The misuse of concealed carry permit information is not just an inconvenience, it is a direct violation of civil liberties. Pennsylvania must take action to ensure that our citizens are protected from overreaching state governments that seek to undermine the Second Amendment.
The Supreme Court has repeatedly ruled that states cannot impose unreasonable restrictions on fundamental constitutional rights. In New York State Rifle & Pistol Association v. Bruen (2022), the Court reaffirmed that gun rights are not second-class rights and should be treated with the same legal respect as free speech and religious liberty.
This means that Pennsylvania gun owners must not be subjected to additional burdens simply for exercising their rights while traveling. The constitution does not change from state to state, and neither should our right to self-defense.
Pennsylvania’s law-abiding gun owners deserve the same protection afforded to citizens in pro-Second Amendment states.
Gov. Josh Shapiro has stated that he is willing to work with Republicans on issues of mutual concern. This is his opportunity to prove it by signing Senate Bill 244 into law and standing up for Pennsylvania’s lawful gun owners.
Sen. Doug Mastriano represents the 33rd Senatorial District, covering all of Adams and Franklin counties.