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Thread: Question about reciprocity...

  1. #1
    Regular Member Baked on Grease's Avatar
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    Question about reciprocity...

    Article IV, Section 1:

    "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."

    So, as understand it, this clause of the Constitution provides the backdrop for why things like Marriage licenses and Drivers licenses are recognized by all states... but why does this not apply to handgun permits and licenses and the like?

    Just a thought that popped into my head when reading about the push for Constitutional Carry in various states, I am not well versed on the ins and outs surrounding this clause. Anyone more lawyerly than I care to explain why this clause does or doesn't pertain to CHP/CWL and similar weapons license/permits?
    Last edited by Baked on Grease; 02-01-2015 at 07:08 PM.
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

  2. #2
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    For the same reason that the Second Amendment is infringed so, follow the money to P4P.
    I am responsible for my writing, not your understanding of it.

  3. #3
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    Sadly the Second Amendment is all we need for "reciprocity" in all 50 States, yet Local, State and Federal Governments and their enFORCErs wipe their rear ends with it.

  4. #4
    Campaign Veteran skidmark's Avatar
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    Drivers licenses from one state are recognized by the other states because they all signed on to a convention to do so. That it allowed state A to use state B to collect ticket fines that driver C blew off because he was never going back to state A has nothing to do with things. Amirite?)

    Not even half the states recognize the marriage licenses of other states - especially those where the marriage (not civil union) is between two people of the same sex. There is no interstate compact saying they all agree to recognize what another state has done. It's on the SCOTUS docket and may well be the last decision they hand down before going on vacation in 2016.

    The 10th Amendment also allows states to control behavior within their boundaries so long as that behavior does not impact interstate commerce. Up till now nobody has won the argument that recognition/non-recognition of one state's CCW/CHP/LCP/whatever by another state impacts interstate commerce.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

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    Quote Originally Posted by skidmark View Post
    Drivers licenses from one state are recognized by the other states because they all signed on to a convention to do so. That it allowed state A to use state B to collect ticket fines that driver C blew off because he was never going back to state A has nothing to do with things. Amirite?)

    Not even half the states recognize the marriage licenses of other states - especially those where the marriage (not civil union) is between two people of the same sex. There is no interstate compact saying they all agree to recognize what another state has done. It's on the SCOTUS docket and may well be the last decision they hand down before going on vacation in 2016.

    The 10th Amendment also allows states to control behavior within their boundaries so long as that behavior does not impact interstate commerce. Up till now nobody has won the argument that recognition/non-recognition of one state's CCW/CHP/LCP/whatever by another state impacts interstate commerce.

    stay safe.
    But driving and marriage are not explicit rights whereas the Second Amendment is explicit, and SCOTUS has confirmed it as an individual right. I'm not seeing how interstate commerce plays into that.

  6. #6
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by district9 View Post
    But driving and marriage are not explicit rights whereas the Second Amendment is explicit, and SCOTUS has confirmed it as an individual right. I'm not seeing how interstate commerce plays into that.
    The BOR addresses implicit and unenumerated as well as explicit rights. Driving has never been defined as a right, but marriage comes under the Declaration of Independence's "Life, Liberty, and the Perfuit of Happiness", as well as having been stuffed into the 1st Amendment right to freedom of association.

    In varying forms SCOTUS has also confirmed that the benefits of marriage (primarily tax status, inheritence, child rearing) are "individual" rights - which is why the big dust-up over same-sex marriages not being allowed/recognized no matter how you slice the gay rights BS.

    SCOTUS has affirmed that RKBA is an individual right that may be exercised within the person's state of residence/domocile, but like so many of the other "don't they know what "shall not be infringed" arguments wonder, Congress uses the Commerce Clause like a chimpanzee flinging poo - it's messy but it accomplishes most of what they (the chimp or Congress, take your pick) wanted to do.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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