Wednesday, September 14, 2011

Constitutional Exception?

We are now up to 41 states that have some form of  "shall issue" concealed carry permitting. That's a measure of the political will of the people on the topic. It would be hard to deny which way the people lean on this one.

Still we have the sort of arguments raised here:

Proposal for State Reciprocity on Table

Suddenly the Big Government folks that want the feds doing everything have become the defenders of "state's rights" when it comes to the issue of reducing confusion on concealed carry laws. The arguments they raise are ludicrous.
Testifying before Congress on Tuesday, Philadelphia Police Commissioner Charles Ramsey told the story of Marqus Hill, a man whose Pennsylvania gun permit was revoked after he was charged with attempted murder. 
"Despite his record, he then used his Florida permit to carry a loaded gun in Philadelphia," Ramsey said. "He eventually shot a teenager thirteen times in the chest killing him on the street."
Does that make sense in the slightest? You start out with a Pennsylvania resident who is charged with attempted murder. How does the Police Commissar run a place where the guy is on the streets carrying until "eventually" the attempted murderer becomes an actual murderer? Was this "eventual" killing the fault of the gun law or simply police and court bungling?

But the more basic question is the core Constitutional one. How do you justify the recognition of a state's properly issued license by any other state with this language:
 "Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State." 
It works for driver's licenses, vehicle licensing, marriage and divorce decrees, and a hundred thousand other enactments.

2 comments:

FlyingBarrister said...

I believe that the 14th Amendment is at the heart of the matter rather than the FFC Clause. Keep in mind that SCOTUS in Heller and Parker ruled that the Second provides and individual RKBA and that the right is incorporated and made applicable to the states. That fundamental right trumps any history of or right of state regulation. The entire purpose of a constitution is to create uniformity of rights; of course, liberals only care about that when it involves their 20th century version of rights like abortion, rather than foundational, formative rights. Obviously, piecemeal regulation and restrictions eviscerate uniformity.

Fourteenth Amendment (which incorporates and makes applicable to the states):

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 5.

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Congress has damn sure been permitted to use Art. 14, Sec. 5 to impose a lot of mandates on the states in the areas of other fundamental rights, like voting rights. The Voting Rights Act is a prime example.

The reciprocity act would be even better if it stated parameters for concealed carry permits, such as "must issue;" specification of only grounds for denial; state can only require training once if at all, not every time it is up for renewal; minimum 5 or 10 year terms (or permanent unless a criminal reason to revoke because permit renewal fees are nothing more than taxes); no public disclosure of info on permit holders.

an Donalbane said...

Despite his record, he then used his Florida permit to carry a loaded gun in Philadelphia," Ramsey said.

I dunno. I'm guessing he used the waistband of his dungarees, or the pocket of his Members Only windbreaker to carry his loaded gun.

Wonder to what the brain dead hoplophobic reporter ascribes the ability of various hooligans, miscreants, and other goblins, who do not possess Florida CCW permits, to carry their heaters on the mean streets of Philly?