In a message dated 2/9/04 4:27:37 PM Central Standard Time, 
[EMAIL PROTECTED] writes:

<< What is the group's consensus whether this presents issues regarding 
 executive versus judicial branch, and full faith and credit issues due to 
the judicial 
 endorsement? >>

I've often thought this issue would result in an excellent argument under the 
privileges and immunities clause, but not FF&C, for various reasons, 
including those which Gene points out.  A similar argument could be made for the right 
to practice law or medicine in any state once admitted in one state.  What 
privileges and immunities arguments have been successful in other states, versus 
which have not, like law and medicine?

An interesting angle on the FF&C argument could be made by those who have 
gone to court to have permits issued.  In most states, if an applicant is denied, 
the recourse is to the state trial court.  In these states, if an otherwise 
qualified applicant is denied by the issuing authority, the court can order a 
permit to be issued.  Would this court order be entitled to FF&C in another 
state?  Granted, this subset of all applicants is likely small, perhaps 
statistically insignificant.  Also, I suspect a strong chance of "bad facts" on the 
part of the applicant that would lead to problematic litigation:  e.g., juvenile 
offenses, prior mental health history, strange but not illegal behavior, etc.

Regards,
Scott Hattrup
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