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Looks like national CCW

The poll over at Gun Law News (upper right corner) shows an overwhelming lead for National CCW. KABA linked to it so it’s getting a lot of play.

5 Responses to “Looks like national CCW”

  1. Blake Says:

    Hmmm…

    Well…I could finally carry in Kalifornia if something like that were to pass.

    On the other hand, the federal government would have to keep another database of all of your info.

  2. anonymous Says:

    How about nationwide:

    speech licenses?
    religion licenses?
    property licenses?
    due process licenses?

    CCW, whether at the state level or national level is folly. Begging the master state to
    exercise a right makes it a privilege. Privileges can be denied or revoked at the whim
    of the master.

    All gun control is unconstitutional.

  3. Xrlq Says:

    Anonymous:

    How about nationwide…speech licenses?

    Try setting up a TV or radio station without one.

    How about nationwide…religion licenses?

    Can’t do that per the Establishment Clause. If the Constitution had another provision that said “Congress shall make no law respecting a firearm,” CCW permit laws would be unconstitutional, too.

    How about nationwide…property licenses?

    A bad idea, but regarding state and local laws try owning property without paying property tax and see how long that property remains yours.

    How about nationwide…due process licenses?

    I’m not sure what that is supposed to mean. You can represent yourself in court if you want, but you can’t hire anyone to represent you unless he/she has a law license.

  4. markm Says:

    The best way to implement national CCW is to NOT issue national licenses, but rather to make all states respect other states’ licenses. Actually, the question is why the “Full faith and credit” clause of the Constitution doesn’t already require that? E.g., a child support payment imposed by a California court can be garnished from the paycheck of someone working in Texas for a TX company, regardless of differences between TX and CA child-support laws. So why doesn’t CA have to respect a TX CCW?

  5. Xrlq Says:

    Two reasons. First, it’s not clear that a license is a public act within the meaning of the full faith and credit clause. Statutes and court rulings clearly are, but the further away you get from that, the hazier things get. Second, courts have always recognized a public policy exception to full faith and credit. So while a decent case could be made that all right to carry states should have to honor permits from other right to carry states, that case becomes weaker when applied to may-issue states, and has no force whatsoever in the states that prohibit CCW outright.

    By analogy, the FF&C arguments on gay marriage are equally suspect, and AFAIK no state has ever been *constitutionally* required to honor another state’s driver license. [They do honor each others’ licenses, of course, but I’m pretty sure that’s based on an interstate compact, not any theory of constitutional law.]

Remember, I do this to entertain me, not you.

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