National reciprocity bill

[TWtommers]

I agree, finally some reasons that actually make sense without looking like they are being spouted by some paranoid person just afraid of any changes.

Bill, you bring up some good points, especially using the segregation example. While I do see your point that the right to CCW is not guaranteed (specifically) under the Constitution, the right to keep and bear arms is, so this is just an extension of that in much the same way as your segregation example. As times changed, people no longer found it socially acceptable to have others walking around with a "6 shooter" on their hip, as you could do in the early days. This was why CCW came about as an alternative. This is something that obviously was never even conceived as being an issue when the BOR was drafted, but since this is effectively an extension of that right, why wouldn't it be protected?

Its not. This was Bill's point I believe. The Supreme Court has never ruled that CCW is protected by the 2nd amendment. Congress passing that law would not be an extension of the constitution. In the segregation example, SCOTUS had already ruled that segregation was unconstitutional so a law specifically stated that is an extension or support of that ruling. In this case, the law is a little random and can't be backed by a SCOTUS decision.

However, this makes me think in a different way. If that law were passed, it would almost certainly be challenged, constitutionally, by at least one state. Part of that case could force the court to make a decision on CCW and 2A.

 

[Rob Boudrie]

And by the way, this law would be declared unconstitutional in about 10 seconds, just as the brady bill was, for the exact same reason.

True, but a law that stated that no state would received any federal highway funds unless it honored other state's licenses would stand up to scrutiny. In fact, this exact technique was used to force all states to raise the drinking age to 21.

 

[Bill Nance]

True, but a law that stated that no state would received any federal highway funds unless it honored other state's licenses would stand up to scrutiny. In fact, this exact technique was used to force all states to raise the drinking age to 21.

You're right, there are slimy ways to circumvent the 10th amendment "legally." Doesn't make it right though. The principle remains the same. This is a state issue, not a federal one.