Two of the nation’s largest police organizations—the Fraternal Order of Police (FOP) and the International Association of Chiefs of Police (IACP)—issued a joint letter urging Congress to reject H.R. 38, the Concealed Carry Reciprocity Act, arguing it threatens officer safety, increases legal exposure, and undermines state gun laws.

The unions claim the bill would prevent officers from detaining or arresting individuals solely for firearm possession and would expose officers to lawsuits under 42 U.S.C. § 1983 by restricting qualified immunity in gun-related encounters. They also warn that the legislation would require officers to make real-time judgments about 50 different state carry laws, including permitless carry states with no physical permit to verify.

Second Amendment advocates strongly dispute these arguments, noting that mere firearm possession is not a crime and cannot legally justify detentions, searches, or disarmament under the Second, Fourth, and Fourteenth Amendments. Critics argue the unions are opposing H.R. 38 not for safety reasons, but because it strengthens civil rights protections and increases accountability when officers overstep constitutional limits.

Supporters of the bill say H.R. 38 simply affirms that lawful gun owners retain their rights when traveling across state lines and prevents states from treating out-of-state carriers as second-class citizens.

The debate highlights a growing national divide between police leadership and gun-rights advocates as Congress weighs whether to advance the Concealed Carry Reciprocity Act.