Quote:
Originally Posted by RomanDad
Full faith and Credit clause wont work in this instance. It has nothing to do with CCW licenses.
This is a constitutional issue, and constitutional issues are addressed in a VERY SPECIFIC RECIPE of sorts to determine their validity.
Heres the deal. Lets say the feds pass this in the broadest possible terms meaning California has to accept Out of state CCWs presented by its own citizens.
1. WHERE DO YOU CONTEND THE FEDERAL GOVERNMENT HAS THE POWER TO DO THIS?
The answer of course is the INTERSTATE COMMERCE CLAUSE, which is what has been used to reform all sorts of state laws from regulating the color of margarine to racial segregation. If you can present another constitutional argument as to why the Feds have this power, you're going to need to do it.
2. If the ICC is the granting power, then it is WELL ESTABLISHED BLACK LETTER LAW that the states can STILL REGULATE the arena for "HEALTH & SAFETY" reasons. For that reason, though interstate railroads are FEDERALLY REGULATED under the ICC the State of California may still create MORE RESTRICT regulations on how they are operated within the state of California, so long as the reason is a LEGITIMATE HEALTH & SAFETY CONCERN, NARROWLY TAILORED TO MEET THAT END, EVEN IF IT INTERFERES WITH INTERSTATE COMMERCE. Clearly the regulation of CONCEALED CARRY falls under the traditional "Health & Safety" police Powers retained by the states and its impact on interstate commerce is nearly non-existent, especially if it applied ONLY to CALIFORNIA RESIDENTS.
The law MAY be able to withstand scrutiny with regard to the recognition of NON-RESIDENT CCWs by carried by NON-RESIDENTS in the course of interstate commerce (AKA "TRAVEL"), but there is no way in hell the Feds can regulate what a state says as to its OWN CITIZENS carrying firearms....
Thus, the "Full Faith & Credit Clause" never comes into the equation, and even if it did, it wouldnt come into the equation... It applies to judicial rulings and public records. You have a well recognized constitutional right to MARRY. you have no such recognized right to either drive a car or carry a concealed weapon. The state of California will recognize your out of state DL while you are visting here, but if you stay for a certain period of time (I think its 90 days, but It may be less) you have to legally get a CADL to drive a car. Why anybody thinks the rules would be any different for a CCW is beyond me.
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Question in regards to this..
How does the LEOPA work then? I would imagine that California does not want to "have to allow" retired LEOs from Texas to carry a weapon, yet that is the law.
So if I'm reading what you're saying correctly... Under the Commerce Clause the Fed cannot force California to accept Nevada permits from California Subjects, but can be made to accept say a Texas permit from a Texas resident??
Does this mean that California doesn't have to allow it's own police to carry but has to allow police from other states?
