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Interesting Constitutional issue as to the full faith and credit clause

July 28, 2017 08:24AM
Article IV, Section 1 of the U.S. Constitution declares:

"Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof."

Examples of this would be if you are licensed to drive a car in California you do not have to get a license in Oregon when you travel to that state. Another is if you are married in California you don't have to get re-married in Oregon if you move there. So why doesn't this apply to laws governing gun ownership that vary from state to state?

Interestingly, in a similar constitutional question, most scholars have either argued that the full faith and credit clause does not mandate recognition of same sex marriages or that it does so for limited purposes or for marriages of one state's residents but not nonresidents seeking to evade their restrictive home state marriage laws. This is a similar notion as to why gun laws may vary according from state to state. This is based on "the effect thereof" language above. it was not until the Supreme Court in 2015 ruled that the 14 th amendment under the due process and equal protection clause of the Constitution prohibits laws that restrict marriages to a man and woman. Note that decision was not based on Article IV, Section 1 of the U.S. Constitution. So far the 14th Amendment argument has not been brought on the question of guns. My guess is that abiding by a more restrictive gun law in another state is not so onerous as the inability to marry someone.
SubjectAuthorViewsPosted

  9mm???

ferragamo79313July 23, 2017 05:23PM

  Well..

sstrams61July 24, 2017 02:50AM

  Probably a .38

JamesJM46July 24, 2017 03:54AM

  .38 and .45 are what we always used in the Navy

IowaRam58July 24, 2017 04:26AM

  Yes, 9mm.

CeeZar69July 25, 2017 07:13AM

  Thanks CeeZar

ferragamo7945July 26, 2017 05:55PM

  You're welcome

CeeZar47July 27, 2017 03:43AM

  if you're looking for home protection......

21Dog59July 27, 2017 04:19AM

  That'd be killer...

sstrams51July 27, 2017 05:13AM

  Re: Yes, 9mm.

Aries51July 27, 2017 05:09AM

  Re: Yes, 9mm.

JamesJM47July 27, 2017 05:43AM

  lasers are great accessories

CeeZar45July 27, 2017 06:05AM

  Huh?

JamesJM53July 27, 2017 06:31AM

  Cool. I didn't realize.

CeeZar46July 27, 2017 06:53AM

  Yes, and no...

JamesJM49July 27, 2017 07:04AM

  Re: Yes, 9mm.

Aries46July 27, 2017 06:06AM

  Re: Yes, 9mm.

Aries43July 27, 2017 06:24AM

  Ca. is the most restrictive of any state...

JamesJM51July 27, 2017 06:36AM

  Re: Ca. is the most restrictive of any state...

Aries54July 27, 2017 07:06AM

  There's a good APP you can use to keep up to date....

JamesJM48July 27, 2017 07:10AM

  Re: There's a good APP you can use to keep up to date....

Aries57July 27, 2017 07:20AM

  Nightmare is the correct term

JamesJM49July 27, 2017 07:27AM

  Re: Nightmare is the correct term

Aries53July 27, 2017 07:39AM

  constitutional carry

CeeZar59July 27, 2017 08:32AM

  Re: constitutional carry

Aries48July 27, 2017 08:46AM

  Interesting Constitutional issue as to the full faith and credit clause

waterfield55July 28, 2017 08:24AM

  Re: Yes, 9mm.

CeeZar50July 27, 2017 05:57AM

  Re: Yes, 9mm.

ScRAM52July 27, 2017 07:54PM

  Re: Yes, 9mm.

Aries53July 28, 2017 04:44AM

  Re: Yes, 9mm.

CeeZar55July 28, 2017 05:40AM

  Re: Yes, 9mm.

Aries40July 28, 2017 06:07AM

  That's SWEET!

ScRAM33August 07, 2017 07:34PM

  Re: 9mm???

Arkansas Ram62July 26, 2017 09:24AM

  Kimber now offers...

JamesJM54July 26, 2017 11:37AM

  I'd like to tear one apart....

ScRAM49July 28, 2017 05:21AM

  I always figured

IowaRam51July 27, 2017 07:40AM

  Re: I always figured

NorCalRamFan46July 28, 2017 01:49PM

  Re: 9mm???

NorCalRamFan51July 28, 2017 01:43PM

  Thx NorCal

ferragamo7947August 01, 2017 04:43PM

  Re: Thx NorCal

NorCalRamFan27August 11, 2017 03:41PM

  nice

ferragamo7928August 11, 2017 03:53PM

  Re: nice

NorCalRamFan25August 14, 2017 10:05AM