Constitutional Carry Legislation

[Hugh Damright]

Despite your interpretation of the "full faith and credit" clause, there have traditionally been State permits i.e. intrastate permits which other States do not have to recognize. CCW permits fall into this category, and to construe it otherwise would in fact be something new, not some settled/traditional construction as you seem to imagine.

Regardless, I don't recall that H.R. 822 relies on the "full faith and credit" clause. IIRC, it asserts that the right to carry a concealed weapon is protected by the 2nd and 14th Amendments, and that it is an interstate commerce issue ... and also that it reduces crime, as if they're saying that reciprocity is for the "general welfare".

Can anyone think of a precedent, where federal legislation asserts that something is a constitutionally protected right, and an interstate commerce issue, yet recognizes that States can disallow it?


"One of the great distinctions of the American system is that we try always to distinguish between the means and the end - between the goal itself, and the way in which a goal is reached." -Virginia Commission on Constitutional Government, 1963

 

[Wrothgar]

To the guy that was talking about Denver...

Denver honors CCW's from any state that the state of Colorado has reciprocity with. No need to stow the gun in the glove compartment. BUT, do NOT try to open carry. Anywhere within the state, pretty much, unless you're up in the mountains.

 

[Aguila Blanca]

Despite your interpretation of the "full faith and credit" clause, there have traditionally been State permits i.e. intrastate permits which other States do not have to recognize. CCW permits fall into this category, and to construe it otherwise would in fact be something new, not some settled/traditional construction as you seem to imagine.

Hugh, I'm not "imagining" anything. I am fully aware that the carry licenses/permits issued by the individual states today are not universally recognized by the other states. That's the reason for this proposed legislation. All I'm saying is that this proposed act should not be necessary, because the issue should be settled by the Full Faith and Credit clause.

I know it is not, so something akin to this bill is necessary.

 

[Hugh Damright]

the issue should be settled by the Full Faith and Credit clause.

What exactly do y'all think that the FF&C clause should mean? For example ... suppose that one State issues a CCW permit to a 21 year old, and he then visits a State which requires that a person be 23 years old to obtain a CCW permit ... should he be able to carry in that State even though he doesn't meet the minimum age requirements? That seems to be how the FF&C clause works, because the minimum age for marriage varies from State to State, but other States must recognize a marriage even if it doesn't meet their minimum age requirements.

It seems a lot more complicated than just saying that the FF&C should mean that States must recognize CCW permits like they do driver's licenses. I don't know enough about all types of State permits to comprehend the end result of forcing reciprocity upon them all, but it seems evident that the FF&C clause had no such intent.

 

[Al Norris]

Hugh? This time I agree 100% with you.

Think about it, folks.

If the FF&C clause did what some of you think it does, then why did the Feds have to try and "blackmail" the States into accepting the REAL ID? Why didn't the Federal Congress simply mandate the changes?

The answer is that the Feds have no power whatsoever over State issued drivers licenses. It is strictly a State police power. It was the States that decided reciprocity between each other, not the feds.

 

[Tom Servo]

Hugh? This time I agree 100% with you.

So do I, even if he did stand me up for that pillow fight a couple of years back.

Frankly, I have real doubts as to whether H.R. 822 will pass the Senate. Furthermore, I worry what will happen if more restrictive states choose to "opt out" of compliance by refusing to issue permits to even their own residents.

 

[Don P]

From the NRA-ILA this morning,

As we reported last week, the U.S. House Judiciary Committee's Subcommittee on Crime, Terrorism and Homeland Security recently held a hearing on H.R. 822, the "National Right-to-Carry Reciprocity Act of 2011."
This critically important bill, introduced earlier this year by Congressmen Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.) and cosponsored by more than 240 of their colleagues, would enable millions of permit holders to exercise their right to self-defense while traveling outside their home states.
There is currently only one remaining state (Illinois) that has no clear legal way for individuals to carry concealed firearms for self-defense. Forty states have permit systems that make it possible for any law-abiding person to obtain a permit, while most of the others have discretionary permit systems. (Vermont has never required a permit.)

No further info was in the email