Paul Finkelman
Henry Schaffer wrote:
Greg writes:
...
"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."
When I was 18 years old, I lived in New York State - and had the privilege of buying alcoholic beverages - which came to all New York State residents automatically by way of citizenship in the State.
Connecticut did not recognize this privelege when I travelled into Connecticut.
Would Article IV, Section2 require them to?
While (I think that) alcoholic beverage age requirement are uniform now and so there is no such dispute possible, firearms ownership (without a license) doesn't seem to be uniform.
In my state (NC) any citizen can purchase and posess "regular" (not full-auto, not AOW, ...) long arms with no state license or permit. This seems to fit the "automatically by way of citizenship in the State" test. Yet there are some states which will not honor this posession - I'm thinking particularly of the states with have special laws regarding classes of long arms which they label, e.g. "assault weapons".
So does the Sect 2 compel these states to allow a NC citizen to
posess such a long arm? Or does the "automatically" perhaps not apply
because NC has a few exceptions to automatically (e.g. convicted felon)?
--henry schaffer _______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof
-- Paul Finkelman Chapman Distinguished Professor University of Tulsa College of Law 3120 East 4th Place Tulsa, Oklahoma 74104-2499
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