Skip to comments.Congress can require Carry Reciprocity under the "Full Faith and Credit Clause" of the Constitution
Posted on 09/25/2013 6:57:53 AM PDT by marktwain
Alabama recently recognized firearm carry permits from all other states. This is a continuing trend among states, where it is common for states to recognize each others permits.
The situation is reminiscent of the early days of drivers licenses, where research was required to determine what states recognized drivers licenses issued by other states.
There are enough votes in the Congress to pass national reciprocity, to insure that people who are allowed to carry guns in one state will be able to exercise their rights in all U.S. territories.
National reciprocity has not come to a vote, because the Democrat party leadership does not want it to come to a vote. It is also possible that President Obama would veto such a bill, though it might be attached to something that he wants in order to overcome that objection.
It seems that national reciprocity could be constitutional, given the second amendment, the Supreme Court cases of Heller and McDonald, and the "Full Faith and Credit" clause of the U.S. Constitution, which reads:
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.While the clause applies to the states, the federal government should have no difficulty making sure that such reciprocity would apply to all federal jurisdictions, such as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.
Link to Gun Watch
I just wish South Carolina would start to reciprocate. I mean with that “conservative” governor and all.
Of course, I had rather they get rid of Linda Graham first. Replacing him with Kruschev would be an improvement since ol’ Nikita believed in controlling a nation’s borders.
I apologize for digressing.....
On a side note, watch the homos use the clause to force non-sodomite states to recognize poofter “marriage.”
OTOH. Why doesn’t congress just require constitutional carry rights and be done with it?
Well, since we’re aiming high — why don’t the congress-critters just repeal the gun control acts? It shouldn’t cost a $200 stamp and up to a year wait for a suppressor, short-barreled rifle or shotgun, or any of that mess.
They force you to put a muffler on your car; but make you jump through hoops to put a muffler on your gun. Makes no sense.
I have a Texas CDL and pull reserve duty in MD. Not holding my breath...
I’d say the second ammendment is what gives you the right to carry in any state.
Full faith and credit actually doesn’t. All that does is make a state treat non-state folks like their own.
So, a state can’t disallow something for an out of state person/company but allow it for an in-state one. They must be treated the same.
So as long as a state disallows something for both residents and non-residents, it’s ok under FF&C.
btw, driver’s licenses are covered under the driver’s licence compact, which most states signed (not wyoming, alaska I think).
Keep congress and the federal government out of it. Because if it horns in, it will keep horning in until the federal government decides the 2nd amendment is whatever it, the federal government, wants it to be.
If the feds just protect the overall concept of gun liberty, and interpret the 14th Amendment to prevent the states from oppressing us, that will be fine. The red states will be able to bask in light of gun liberty, and the blue states will obstinately cling to gun control until their citizenry wises up.
Granted, many blue-staters will perish in their obstinacy and mule-headedness, but that is, and should be, their choice. Wisdom cannot be imposed on them any more than gun control should be imposed on the wise.
they are going to anyway. if that fails they’ll go for it under interstate commerce laws. if that fails they’ll go for it under the General Welfare clause.
they are already going to do it. might as well use the tactic they can’t complain about, as they will attempt to do so too. if they bitch and we lose throw the exact same arguments (and other better ones) back at them when they try to use it.
States should refuse to recognize driver license from states that refuse to recognize their concealed carry license.
In the meantime, Nevada recently yanked their recognition of Arizona's CCW, claiming it wasn't tough enough.
What is UNQUESTIONABLY Constitutional is for Congress to grant reciprocity between DC and all States.
I’d start there.
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