State CCW Reciprocity

[crebralfix]

From the Federal Constitution:

***

Article. IV. - The States

Section 1 - Each State to Honor all others

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.

***

Even if a state's constitution prohibits concealed weapons (some do), there is the above statement in the Federal Constitution. Furthermore, there is the Second Amendment (but it hasn't been incorporated under the Fourteenth Amendment).

Why are my state's driver's license valid everywhere, but its concealed carry permits are not?

If a state does not honor a state's CCW permit, it is a violation of the Federal Constitution. Why is it, then, this is allowed to continue? Why haven't we challenged this?

 

[AirForceShooter]

I'm still trying to figure out why my CCW isn't good in every State.

AFS

 

[TX1911fan]

A bill was just introduced in Congress to address this.

Tuesday, May 13, 2008


Senator David Vitter (R-LA) has filed a pro-gun amendment to HR 980, and it could be voted on as early as tomorrow!

This amendment would protect the right of citizens to carry concealed weapons (outside of their home state) in states that allow concealed carry.

Sen. Vitter explains that his amendment does not violate the rights of states as it "does NOT establish national standards for concealed carry, nor does it provide for a national carry permit."

In other words, the Vitter amendment specifically says that state laws concerning specific types of locations in which firearms may not be carried shall be followed. "My amendment will not federalize concealed carry permits but simply requires concealed carry permits to be recognized in other states that allow concealed carry permits," Vitter said.

This is a real reciprocity provision which grants citizens the "full faith and credit" protection that is guaranteed in Article IV of the Constitution.
Section 1 of this article says:

* 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.

Vitter says that this constitutional provision authorizes the Congress to pass legislation forcing each state to recognize the "public Acts" of other states. So if states are not willing to recognize another state's laws, Congress has the authority to pass laws to require recognition of those measures.

It's just like with driver's licenses. If certain states refused to honor the driver's licenses of citizens in other states, Congress could pass legislation (under Article IV) to require every state to honor all licenses.


ACTION: Please urge your Senators to vote for the Vitter amendment to HR 980 to protect the right to carry concealed firearms outside of your home state.

You can visit the Gun Owners Legislative Action Center at http://www.gunowners.org/activism.htm to send your Senators the pre-written e-mail message below. And, you can call your Senators at 202-224-3121 or toll-free at 1-877-762-8762.

 

[Car Knocker]

There are exceptions to the Full Faith and Credit clause: Professional licenses (doctor, dentist, lawyer, barber, etc.) aren't recognized by other states ( a doctor licensed to practice in South Dakota can't just go and set up shop in Florida, for example, without obtaining a Florida license to practice). Same-sex marriages legally performed in some states aren't recognized by all states.

 

[Cyclimus]

Doctor's licenses are actually overseen by each state's medical board so I'm not sure how that really applies. I actually see some legal ground here to press for full acceptance without the need for a full blown federal-level law.

 

[jakemccoy]

I'm all for reciprocity. However, in California, it's basically impossible to get a license in most counties. Even if you guys could get reciprocity in California, it would be wise to determine if Cali law enforcement understood the deal before you, for example, come to Cali driving around with your piece concealed. The laws here are like none other.

 

[Henry Bowman]

I'm still trying to figure out why my CCW isn't good in every State.

Every state is required to recognize that you are licensed to carry a conceald handgun in Florida. Just as with drivers licenses, they are not required to extend the same benefits of that license in another state. Non-commercial drivers licenses are an exception to the rule and you will not see the the same level of reciprocity with respect to commercial licensing (of drivers, vehicles, professionals, etc.).

 

[another okie]

Other states are not required to accept your driver's license. They do it by agreement.

In addition, most cases say this provision applies to court judgments, not licenses. A teacher or lawyer or doctor cannot just cross state lines and keep working. There's a procedure to follow. And there is the "public policy" exception, which means if one state does something the others don't like, they can refuse to accept even a court judgment.