Wednesday, September 25, 2013

Congress can require Carry Reciprocity under the "Full Faith and Credit Clause" of the Constitution

Signing of the Constitution

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.

 ©2013 by Dean Weingarten: Permission to share is granted when this notice is included.

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