"Full Faith and Credit" in NYS

[hugh damright]

At its basis, the granting by a state of a license (or permit) to carry a concealed weapon is a public act; it is an action by a state agency, pursuant to a state law. A strict reading of the Constitution could not reasonably conclude anything other than that the other states are required to recognize carry permits issued by any state.

By that logic, wouldn't every State be required to recognize Nevada Permits to Prostitute?

It occurs to me that black/white marriages were not recognized in many States until the 1960's. The FF&C did not seem to apply. And when the SCOTUS stepped in, I don't recall them talking about the FF&C, but rather they said that the 14th "Amendment" means that we must be color blind.

I don't see how the FF&C clause could possibly mean that any permit issued by any State must be recognized by every other State. I don't believe that is what the clause has meant previously, and such a construction seems unworkable to me.

 

[sailortoo]

FF&C

From the arguments and expertise in the preceeding posts, I am beginning to think that the Article IV, FF&C, is "if I like it, and it fits, let's do it" - nothing at all legal or directed or binding in it. This license or permit or document seems good to go, but I don't like that one. Sorry if that sounds petty, but that is what I am reading in some of these posts. I would very much like to see something clear cut and decisive (I know - that does not compute in legalese), that says "this falls under FF&C, that does not". Maybe that is asking too much of the lawyer types, but it would be refreshing. I am pleased that so many are interested enough to post on this subject, as I feel it is, as another poster stated; an under used process, or words to that effect. Keep the comments coming, as I, and I hope many others, am learning a lot.
sailortoo

 

[Aguila Blanca]

By that logic, wouldn't every State be required to recognize Nevada Permits to Prostitute?

Good point. To which I do not have a good answer.

The devil is in the details, as usual.

 

[Tribal]

The problem is that this is an apples-to-oranges comparison. In the case of "gay marriage," you're talking about a status. In the case of concealed-carrying, you're talking about an activity. Case law tends to strike down anything judged to discriminate based on status but usually upholds governmental actions based on activities.

NY is saying that if CA recognizes two men or women as having attained the status of marriage and one or both move to NY, NY will recognize their alleged status.

If someone with a VA CHP moves to NY, NY would basically say "We recognize that you have a right to CC...in Virginia. You're in New York now, and we don't recognize any right for you to carry here based on your VA CHP." My VA CHP doesn't turn me into a "concealed-carrier;" it just means that I can CC under certain conditions.

 

[kludge]

Just for fun I wrote an e-mail...

Dear Governor Patterson,

I wonder if your belief in the "full faith and credit" that you invoked in your recent speech regarding the State of New York recognizing gay marriages of other states would extend to the rights of all citizens, not just gay citizens, that are specifically protected by the U.S. Constitution.

Perhaps now you would give "full faith and credit" to the citizens of the State of Indiana, by a similar proclamation, on behalf of myself and thousands of others like me whose constitutional rights have been curtailed... specifically, will the State of New York now recognize my Indiana License to Carry a Handgun?

I thought not... but I see that you are also introducing more gun control legislation. Perhaps you don't see the irony.

You do realize that gun control in the United States began in the Southern States and is based in racism?

Sincerely,
Kludge

 

[Tribal]

Kludge,

New York fully respects your right to carry a handgun in Indiana. It's a question of status, not activity. If someone from Indiana had a marriage license and then went to New York and got married, New York could say that they're not truly married.

The status being recognized by NY is that of being married. Having a carry permit doesn't rise to the level of changing your status any more than a driver's license would.

 

[pbearperry]

I would have asked the NY Gov. why is it that my drivers license is good in his state but not my Mass. carry permit?

 

[ctdonath]

If someone from Indiana had a marriage license and then went to New York and got married, New York could say that they're not truly married.

But remember: the NY handgun permit is for possession as much as it is for carry.
To clarify the analogy: If someone from Indiana had a marraige license and got married, and then went to New York, New York could say that they're not truly married.