National CCW Reciprocity Bill- H.R. 990
Posted:
Thu Sep 18, 2003 12:26 am
by Anonymous
The Gun Owners of America is again pushing H.R. 990 for national reciprocity. This bill on its face would seem to be a feather in our cap if it ever became law. Using the Full Faith and Credit clause of Article IV Section 1 of the U.S. Constitution it would have CCW permits treated like marriage and drivers licenses.
Having discussed this with some NRA-ILA officials I was at first surprised that the NRA is at best cool toward this. While it would of course be a "big win" over the anti gun crowd, the concerns were:
1) It tacitly recognizes the federal government's power to approve a "right" guaranteed for all citizens in the Constiuation;
2) Having established that power there are no guarantees that it wouldn't create a precedent that then allows the federal government to restrict or even prohibit carry permits in the future.
The NRA position is that it is best for States to deal with each other on this issue and not let the federal government anywhere near it.
After much thought I have to agree with the NRA, the less federal laws concerning our rights the better off we are.
Posted:
Thu Sep 18, 2003 9:53 pm
by hkgonra
Maybe we could get them to push a law that says the right to carry is a guaranteed right and any state that passes a law against it is unconstitutional.
Posted:
Fri Sep 19, 2003 10:57 am
by johnharris
I am hesitant anytime that the federal government even pretends to claim that it has the power over any issue that the Constitution does not clearly and expressly grant to the federal government. Indeed, the federal government is drunk on the concept of pre-emption and ignors that portion of the Constitution which states that any powers not expressly granted to the federal government are reserved for the individual states to exercise.
The 2nd Amendment restricts the federal government from infringing the "rights" enumerated therein. It is not application to conduct of private parties. It is arguable that the 14th Amendment makes the 2nd Amendment guarantee enforceable against the individual states.
If you have ever heard me speak on these topics, I base most of my opinions on the historical and constitutional relationship that the founding fathers crafted vis-a-vis the issue of power. Power is inherit in the people. The people grant authority to the state. The states - collectively - contracted among themselves that certain of the delegated areas of authority would be delegated to a limited federal government because matters such as interstate commerce, national security, and other expressly enumerated areas could most effectively and economically be exercised by one "super" state rather than seeking treaties among what has grown to 50 soverign states.
What part of "soverign" states have we lost in our understanding of our governments?
Do I favor a federal law that forces permits from one state to be honored in every other state? If and only if that law can be fairly and honestly determined to exist under on of the federal government's expressly enumerated powers. I have my belief on that issue - what is yours?
Posted:
Fri Sep 19, 2003 5:17 pm
by f5fstop
But states do not necessarily recognize other state's licenses. A Doctor must be licensed in each state, as well as attorneys. Years ago, NY would not recognize a driver's license of a person under 17, even if that person had a valid license issued by another state. There are quite a few licenses that are not recognized between states.
I also have a problem with the Federal Government issuing National CCW permits. I prefer the states issue the permits, and that all states issue permits (a big dream with states such as IL, HA, NJ, etc.).
The Federal government is not as easy to control as a state government. Too many liberal states with large populations such as CA, IL, NY, NJ, MA, etc., that can send anti-handgun representatives to the US Congress. Imagine if a national CCW passed, GW signed the bill (I doubt if he would, but let's dream), and the permits are issued. We then stop pressuring our state representatives to expand CCW laws, and the next President is Hilary. Do you think the National CCW would be repealed?