Re: Interstate traveling issue

[Paul Finkelman]

You get an A in my class.  For a more elaborate study of one aspect of 
this issue, I direct you (shamelessly) to my book An Imperfect Union: 
Slavery, Federalism and Comity (1981, reprint Lawbook Exchagne, 2000). 
This is a study of the same problem -- moving "goods" from one place to 
another and the rights of ownership under state law.
--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma  74104-2499

918-631-3706 (office)
918-631-2194 (fax)
[EMAIL PROTECTED]
Greg Jacobs wrote:
I was engaged in a discussion with some Cowboy Action Shooters that 
concerned the risks of traveling with guns from State X into the State 
of New York for a match.  It was suggested that perhaps it would be a 
good idea "to have a large organization like SASS [the Single Action 
Shooting Society] file a lawsuit to have states like NY honor the 
permits from other states under the good faith clause of the 
Constitution just like they do for drivers’ licenses and gay marriage."

I replied that "[t]hey do not use the good faith clause for drivers' 
licenses.  There is a separate statute for that.  For marriages, also, 
and gay marriages, whatever they might be, will not be recognized state 
to state without state agreements or a Federal requirement.  It will 
take a Federal law to make the [carry] permits nationally recognized or 
a law in each of 50 states to do it, or reciprocal agreements."

I was then challenged to "take a look at Article IV Section 1 and 2 of 
the US Constitution."  Nothing like a challenge to a cowboy lawyer, 
right, so I cut and pasted the relevant sections and wrote the following:

"Okay, let's see what they say." 

        Section.  1.
        Full Faith and Credit shall be given in each State to the public 
Acts, Records, and     judicial Proceedings of every other State.  And 
the Congress may by general     Laws prescribe the Manner in which such 
Acts, Records and Proceedings shall     be proved, and the Effect thereof. 

        Section.  2.
        Clause 1: The Citizens of each State shall be entitled to all 
Privileges and    Immunities of Citizens in the several States....`

"Those would be the applicable parts I am sure that [ER] is referring 
to.  Let us examine those in a bit more detail."

"If he means that Full Faith & Credit should apply then you will note 
that that particular reference applies specifically to "public Acts, 
Records, and judicial Proceedings".  Licenses to drive, marry, or carry 
weapons are NONE OF THOSE THINGS!  Therefore, FF&C does NOT apply.  
Period. That is well settled law throughout the country. In order to 
ensure that licenses such as these are recognized across state 
boundaries reciprocal statutes or agreements are required, or a Federal 
law. Most licenses are not so recognized, such as licenses to practice 
law (I have five, by the way), pharmacy (I have two), medicine, 
optometry, veterinary medicine . . . and the list goes on. No full faith 
and credit. The clause does not apply. So, when you read Article IV, 
Section 1, it must be read more carefully."

"Getting to Section 2, we find the citizens of each state being entitled 
to the "privileges and immunities" of the several states. Whatever that 
or they might be, which is a matter of great interest to this discussion."

"The licenses in question are, most assuredly, a privilege granted by 
each state, so why are they not automatically recognized by the several 
states without additional agreements or statutes? Simple. They are not 
privileges of the citizens of any state that come to the person 
automatically by way of the citizenship. Put another way, citizenship 
does not grant the privilege. Therefore, since tests are required, or 
other formalities, the automatics of the P&I clause of Article IV, 
Section 2, do not apply."

"End con-law lesson.”
 
So, how far wrong am I?  I wrote all that off the top of my head and if 
I am wrong I need to retract what I said, apologize, and correct myself.

Thanks.
***GRJ***
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