So a friend and I were discussing national reciprocity. He believes it to be unconstitutional under the 1997 Boerne v. Flores SCOTUS ruling that applied to the RFFA using the enforcement clause under the 14th amendment. The reasoning being that it expands rights under the 14th. I'm not so sure it would apply, but regardless, if national CCW reciprocity passed, the anti's would challenge it (from either Mass, NY, NJ, or CA) in court.
But this has also lead us to think that maybe the current model of reciprocity is unconstitutional. States can only enter into agreements with each other with express authorization from congress per Article I, section 10.
https://en.wikipedia.org/wiki/Interstate_compact
To my knowledge, no such compact on carry licenses/permits has ever been approved by congress.
My friend found this:
But I'm not sure what it means and if it applies to existing CCW reciprocity agreements between states.
As far as I can tell, there is no "reciprocity" for drivers licenses, only reporting of offenses under the Non-Resident Violator Compact and the Drivers License Compact (Mass is not a member of this).
https://en.wikipedia.org/wiki/Non-Resident_Violator_Compact
https://en.wikipedia.org/wiki/Driver_License_Compact#Overview
So can someone help me out here?
But this has also lead us to think that maybe the current model of reciprocity is unconstitutional. States can only enter into agreements with each other with express authorization from congress per Article I, section 10.
https://en.wikipedia.org/wiki/Interstate_compact
To my knowledge, no such compact on carry licenses/permits has ever been approved by congress.
My friend found this:
In Virginia v. Tennessee, 148 U.S. 503 (1893), the Court found that some agreements among states stand even when lacking the explicit consent of Congress.
According to the Court, the Compact Clause requires congressional consent only if the agreement among the states is "directed to the formation of any combination tending to the increase of political power in the States, which may encroach upon or interfere with the just supremacy of the United States".
But I'm not sure what it means and if it applies to existing CCW reciprocity agreements between states.
As far as I can tell, there is no "reciprocity" for drivers licenses, only reporting of offenses under the Non-Resident Violator Compact and the Drivers License Compact (Mass is not a member of this).
https://en.wikipedia.org/wiki/Non-Resident_Violator_Compact
https://en.wikipedia.org/wiki/Driver_License_Compact#Overview
So can someone help me out here?