i know its not a knife but....concealed carry liscense; why not under "full faith and

C

crazyengineer

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Apr 2, 2011
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ok, here is my question for all of the people here

some state do and dont recognize the concealed carry license of another state

would it not fall under the constitution, under the "full faith and credit" clause?


now then, this is not a political debate on if guns should be legalized, or made illegal, this is purely a question on why isnt it included

i know this is about knives, but this is the most appropriate place i could find, please move this or delete if needed

PS: i am praying that someone here actually knows some stuff on the constitution and can input, but either way
 
There was a bill to make it mandatory for all states to recognize any other state's carry permit about two years ago, narrowly defeated. There is another one in House now, to do same thing. If passed, though, likely would be overturned via lawsuits. Kali and Hawaii, to name two off top of head (and who would have by far more permitted visitors than residents), would appeal all the way to the Supremes, which would likely strike it down on 10th Amendment, states' rights justification.

I'm leery of ANY additional federal laws regarding firearms. The US Government already doesn't abide by the 2nd Amendment. It's been shown it takes away more gun rights than it grants. I want no more precedents of federal gun laws.

I'm all for the repeal of federal gun laws, not for any additional ones.

- OS
 
ah yes, but i am not talking about the 2nd amendment, i am talking about the "full faith and credit" clause in the constitution (not bill of rights)

so i am just wondering about it all, as does the clause not also require marriage licenses to be recognized? (am0ng others)
 
No, full faith and credit does not work quite that way. Some rights are inherent, like free speech, but even they can be restricted in appropriately different ways in different jurisdictions. It is only Congress that is not supposed to distinguish between the jurisdictions in its laws.

But concealed weapons permits are differently written in different jurisdictions, what and when you can carry, which would make it hard for visitors to those jurisdictions to know what they are allowed to do.

Marriage licenses! Don't let's get started there! it used to be understood, but with states allowing gay marriage, even that is breaking down.
 
doesn't the full faith and credit clause require recognition of legal documents?

and would your applicationa and approval of said application for the license not be legal documents?
 
I'm not a lawyer. I can't cite documents. But it obviously does not cover everything that might fall under it.

For example, we have a concept of records kept in the ordinary course of business. Like pay records, job assignment lists, maintenance records. These are generally accepted in court. But a document prepared swearing to the expenses involved, but made up after the fact, from research, will not get the same automatic courtesy.

Applications for concealed weapons permits fall under different laws with different requirements in different jurisdictions. Some are firearms only, some any weapons, some with different restrictions in or near schools, for example. How do you give credit for someone else's law when it isn't based on a similar law of your own?
 
States generally give either reciprocity or recognition to other states who have gun permit process that is equal to or more comprehensive than their own.
There is a difference between reciprocity and recognition, btw, but it's not important as far as legality of carry in another state.

But not always. For example, TN recognizes ALL other states' permits and a couple of others do also, I believe. Also, you can carry in more states with a TN permit than any other (38, soon to be 39 with Wisconsin probably allowing recognition soon). The differences in carry laws is really not much of an issue -- you are responsible for learning the laws of the state in which you will be carrying, simple as that.

Of course, there are numerous states where you may open carry with no permit at all, and three states where you may open or conceal carry with no permit at all.

The biggest difference between state laws as regards guns and knives, is that most states have preemptive gun laws, meaning that local ordinances cannot be more restrictive than the state laws, whereas not many have preemptive knife laws. Knife laws are a nightmare hodgepodge of state, county, and city ordinances, and of course you just can't know them all as you travel around.

And to further answer the OP's question, so far, the Supreme Court in both the DC and Chicago decisions have addressed the "keep" part of 2A only, the question of the "bear" part they have left to the states. So, the federal government infringes the gun rights of the citizenry and allows the states to do likewise.

- OS
 
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Full Faith & Credit generally refers to Court documents such as Warrants, Divorce, Child Custody etc. Things actually signed by a judge.
 
It is a LICENSE. A state may only grant a license for something within its own borders. Some states choose to recognize certain types of licenses from each other. In the case of driver's licenses, all 50 states have decided to recognize each other's licenses. But don't try to open a business in Ohio based on your Oregon business license; that doesn't work. With licensing, cross-state reciprocity is the exception.
 
Totally off topic but ... Did you know the reason a marriage license has to be granted? It was originally requirrd for inter-marriage which was an older term for mixed race unions.
 
Federal law prohibits carring a concealed weapon in a Post Office. Where are you more likely to need one? Ever hear of going postal?
 
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