Full Faith And Credit
U.S. Constitution, Article 4, 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.
And then we have this:
Americans with state-issued concealed weapons permits would be allowed to carry guns wherever they travel in the country under a bill introduced Monday by 3rd District Rep. John Boozman, R-Rogers.
The measure would eliminate a mishmash of concealed weapons regulations that vary from state to state, Boozman contends. All states would be forced to recognize concealed handgun permits from elsewhere.
Of course, the gun-haters and would-be confiscators are upset:
Gun control advocates oppose the bill. They say that gun permit standards in some states are so weak that other jurisdictions deserve the right to refuse those license holders.
On its face, that seems quite reasonable—except that that position isn’t Constitutional.
The states may not decide “the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof”; only Congress can do that. In other words, if there’s a “minumum” or “acceptable” standard, then only Congress can establish that standard.
Note that if Congress were to adopt such a standard, and it was higher than the standards of, oh, Alaska or Vermont, it still wouldn’t affect how those states’ citizens carried guns in their own states, just in other states.
And because Congress has set no such standards (just as they haven’t set a national driving standard, for instance), the default is that there is no national standard, and the states’ standards must be accepted by other states.
I’m going to watch this one with interest, because the reaction to this bill, coupled with the upcoming Heller decision is going to make life extremely interesting in the near future.
The entire bill (H. R. 5782) is below the fold.
HR 5782 IH
110th CONGRESS
2d Session
H. R. 5782
To amend chapter 44 of title 18, United States Code, to provide for reciprocity in regard to the manner in which nonresidents of a State may carry certain concealed firearms in that State.
IN THE HOUSE OF REPRESENTATIVES
April 14, 2008
Mr. BOOZMAN (for himself, Mr. MCCOTTER, Mr. SESSIONS, Mr. PETERSON of Pennsylvania, Mr. MILLER of Florida, Mr. MARCHANT, Mr. HUNTER, Mr. WESTMORELAND, Ms. GINNY BROWN-WAITE of Florida, Mrs. CUBIN, Mr. BURTON of Indiana, Mr. YOUNG of Alaska, Mr. FRANKS of Arizona, Mr. HAYES, Mr. GARRETT of New Jersey, Mr. CANNON, Mr. WILSON of South Carolina, Mr. WAMP, Mr. HALL of Texas, Mr. HENSARLING, Mr. DEAL of Georgia, Mr. GINGREY, Mr. ROGERS of Kentucky, Mr. ROGERS of Alabama, Mr. KELLER of Florida, Mr. ADERHOLT, Mr. MCINTYRE, Mr. SOUDER, Mr. LAMBORN, Mr. CAMP of Michigan, Mr. REHBERG, Mrs. MILLER of Michigan, Mr. MOLLOHAN, and Mr. SALI) introduced the following bill; which was referred to the Committee on the Judiciary
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A BILL
To amend chapter 44 of title 18, United States Code, to provide for reciprocity in regard to the manner in which nonresidents of a State may carry certain concealed firearms in that State.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Secure Access to Firearms Enhancement (SAFE) Act of 2008’.
SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.
(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:
`Sec. 926D. Reciprocity for the carrying of certain concealed firearms
`Notwithstanding any provision of the law of any State or political subdivision thereof:
`(1) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is carrying a valid license or permit which is issued pursuant to the law of any State and which permits the person to carry a concealed firearm, may carry in any State a concealed firearm in accordance with the terms of the license or permit, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.
`(2) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is otherwise than as described in paragraph (1) entitled to carry a concealed firearm in and pursuant to the law of the State in which the person resides, may carry in any State a concealed firearm in accordance with the laws of the State in which the person resides, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.’.
(b) Clerical Amendment- The table of sections for chapter 44 of title 18 is amended by inserting after the item relating to section 926C the following:
`926D. Reciprocity for the carrying of certain concealed firearms.’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.
END
