H.R.822 -- National Right-to-Carry Reciprocity Act of 2011

[redbarron06]

Sec. 926D. Reciprocity for the carrying of certain concealed firearms

`(a) Notwithstanding any provision of the law of any State or political subdivision thereof, related to the carrying or transportation of firearms, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm, may carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State, other than the State of residence of the person, that--

`(1) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or

`(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.

The entire bill http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.822:.

It bascily forces any state that allows carry to honor the carry of any other state. I know that some may support this but in my mind it is a overreach of federal powers into states rights and it is bad to give any more power to the govt.

[David Lewis]

Seems to me that Article IV, Section 1 of the US Constitution already covers that: "Full faith and credit...".

My Tennessee Driver's License is recognized in all other states, despite the requirements to obtain it being different in some respects
to those in other states.

Why should my permit not be equally recognized?

(OK, not jumping off into the "we don't need no stinkin' permits" debate...another time, another place, maybe...)

David

[johnharris]

Seems to me that Article IV, Section 1 of the US Constitution already covers that: "Full faith and credit...".

My Tennessee Driver's License is recognized in all other states, despite the requirements to obtain it being different in some respects
to those in other states.

Why should my permit not be equally recognized?

(OK, not jumping off into the "we don't need no stinkin' permits" debate...another time, another place, maybe...)

David

That is not really the intent or purpose of the full faith and credit clause. Indeed, if that was the intent then the sovereignty of the individual states would be destroyed since by extension the laws and judgments of a state, Tennessee for example, would have extra-territorial effect in all other states. Clearly, that was not the intent of the Constitution. I submit that the clause may have more to do with the concept of comity and similar rules relating to the necessity that the states recognized and give effect to the judicial determinations of sister states unless such judicial acts violated significant public policies of the sister state.

[David Lewis]

Once more, slowly and in Southern English, please...



David

[ProguninTN]

Once more, slowly and in Southern English, please...



David

I will attempt a stab at John's comment, although I could be wrong. Generally licenses/permits are recognized across state lines unless there is a very drastic difference. Example: DL requirements are similar, hence they're recognized across state lines. Marriage licenses may not be, as some states like MA permit same-sex marriage, while TN has a constitutional ban on this practice. TN cannot be forced to recognize same-sex marriages from other states due to it being unconstitutional under the state constitution. (I believe this would qualify as a "significant public policy difference" as described by John.)

[SubVetSS522]

Okay folks, I just learned of HR822 today and needed to see what you folks were thinking about the BILL, so I read your posts.

I phoned Open Line Channel 5+ during one of John’s appearances and asked him about the need for every state to recognize every other states permit and he pretty much blew me off and said something like, “don’t give the feds anymore power over the states”. This is not intended to be a direct quote from John but it is my understanding of what he said.

I didn’t like the answer then nor do I like it now, so I will and did contact my Congressmen and ask for their support for the BILL.

Now before you jump on SubVetSS522, let me make myself clear. My wife and I are retired and travel the good old USA. Last year we traveled through 16 states, 7,000 miles. For each state, I checked the local laws and finally decided, I carry my pistol most everywhere I go at home so I decided that I would take it everywhere I go when we travel. Now consider this, I take my cell phone too. Which would you rather have if you’re in trouble, you phone or your pistol? Let me tell you, there is no cell service for miles and miles out west so I’ll take my pistol anytime, and anywhere I go, if I get in trouble so be it I’ll call John.

[redbarron06]

Once more, slowly and in Southern English, please...



David

I will attempt a stab at John's comment, although I could be wrong. Generally licenses/permits are recognized across state lines unless there is a very drastic difference. Example: DL requirements are similar, hence they're recognized across state lines. Marriage licenses may not be, as some states like MA permit same-sex marriage, while TN has a constitutional ban on this practice. TN cannot be forced to recognize same-sex marriages from other states due to it being unconstitutional under the state constitution. (I believe this would qualify as a "significant public policy difference" as described by John.)

I would disagree with this. Really drivers license and marriage may be the majority of the license and permits that are honored. A license to pratice law, medicine and even armed securlty are done at the state level. You can not take your dentist license from Tennessee to Mass and start working the next day, you have to get a license for that state.

Though I belive 2A should be a national carry permit but short of the reconginition of that as a national permit, the federal govt has no authority to dictate that states honor a permit from another state. In addation if we look at 2A the words "shall not be infringed" stand out. Isnt the federal govt telling you where, when and in what states you can carry your gun infringing on those rights?