-=> Quoting Max Lake to John Perz on 24 Jul 96 14:54 <=-
Re: Interstate CCW agreements
JP> Article IV, Section 1 of the United States Constitution states:
JP> "Full faith and credit shall be given in each state to the public
JP> acts, records, and judicial proceedings of every other State. And the
JP> Congress may, by general laws prescribe the manner is which such acts,
JP> records, and proceedings shall be proved, AND THE EFFECT THEREOF."
JP> Looks to me like it would be perfectly Constitutional for Congress to
JP> pass such a law. And it wouldn't force Texans to obey some
JP> Massachusetts law while in Texas. That's a different case entirely.
ML> I believe that the 10th ammendment would also come into play. The
ML> states rights folks would argue, with much merit, that congress can
ML> not force Ohio to obey a Texas law which says it is ok for person X to
ML> carry a firearm. The principle would be Ohio rules Ohio and Texas
ML> rules Texas.
No, that shouldn't be completely correct. Of course, Ohio doesn't have
carry, so the following won't really apply there, but ...
It's something like driver's licenses. Ohio can't say "Our vision test is
stricter than Texas', so any Texas drivers will have to be tested before
they can drive in Ohio." They can require that you obey their rules while
driving in their state, but your license is still valid.
So then, if someone from Florida who has a CCW came to Texas, his CCW
should still allow him to carry here - provided he follows our laws about
when and how to carry. No carry in bars, on school property, at
government buildings, etc. But as long as he does that, the fact that
Florida has said he's allowed to carry there should be enough to mean he
can carry here.
Or likewise if someone with a Texas CHL went to California, or any other
state that allows some form of concealed carry. As I say, currently Ohio
still doesn't have any, so by those standards you still couldn't carry
there.
Ideally that should also lead to similar laws governing issuance and
similar rules for when and how to carry in all states, as is true with
driving. But that's for the future. For now, I shouldn't have to worry
about whether Oklahoma would recognize my valid Texas CHL. Each state can
make their own rules on the other parts, but as long as your home state
accepts you as being legally able to carry so should everyone else that
allows carry.
Steve
... Anything that's worth doing is worth doing right.
--- GEcho 1.00
---------------
* Origin: Sub-Rosa, for those held in terrestrial bondage. (1:381/74)
|