TIP: Click on subject to list as thread! ANSI
echo: guns
to: MAX LAKE
from: STEVE GUNHOUSE
date: 1996-07-25 00:00:00
subject: Interstate CCW agreements

 -=> 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
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* Origin: Sub-Rosa, for those held in terrestrial bondage. (1:381/74)

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