The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools Search this Thread
Old April 6, 2009, 08:26 AM   #26
Al Norris
Moderator Emeritus
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
Sorry to disabuse you of your misplaced constitution, jfrey123. The Full Faith and Credit clause of the Constitution nor the Privileges and Immunutues clause of the 14th speak to nothing about individual State licensing schemes.

Drivers Licenses are recognized by the States in the exact same manner that the States recognize CCW's. Individual State reciprocity agreements. In some cases, States have actually legislated full recognition of any other States licensing.

The Feds have no actual authority to force any State to recognize another States licenses. Full Stop.
Al Norris is offline  
Old April 6, 2009, 08:48 AM   #27
vranasaurus
Senior Member
 
Join Date: November 16, 2008
Posts: 1,184
Quote:
Since neither has anything whatsoever to do with CC, I ask again what constitutional authority would congress have to do such a thing?

I would submit there is no constitutional authority for it, but that has never stopped them before.
That is your interpretation and not the Congress' or the Supreme Court's.

The interstate commerce clause has been used to allow the feds to dip into a great many areas that used to be off limits.

The congress could use those two clauses as it's justification for mandating nationwide reciprocity. You could probably throw in the 2A as well.

At that point a state like Massuchusets, California, or New York would challenge that law in federal court.

Don't we have federal peace officer carry? What constitutional authority allowed them to do that?
vranasaurus is offline  
Old April 6, 2009, 01:25 PM   #28
ilbob
Senior Member
 
Join Date: November 29, 2006
Location: Northern Illinois
Posts: 515
Quote:
Don't we have federal peace officer carry? What constitutional authority allowed them to do that?
Honestly? none.

reality is cops have an enormous amount of political clout.
__________________
bob

Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.
ilbob is offline  
Old April 6, 2009, 07:55 PM   #29
BillCA
Senior Member
 
Join Date: November 28, 2004
Location: Silicon Valley, Ca
Posts: 7,117
Quote:
Don't we have federal peace officer carry? What constitutional authority allowed them to do that?
In California, it's the Government Code that allows federal agents within the state to have both "police" status and carry firearms. If the Federal gov't created a new department (like DHS) and the person was hired specifically as a DHS agent, it's possible that the code would not technically cover them as written. But the A.G. will usually issue a "memorandum" that says the State recognizes them.
__________________
BillCA in CA (Unfortunately)
BillCA is offline  
Old April 6, 2009, 08:04 PM   #30
nikdfish
Member
 
Join Date: August 17, 2007
Posts: 97
LEOSA 2004 covers active & retired LEOS, even in CA. The language includes reference to "a concealed firearm that has been shipped or transported in interstate or foreign commerce,a firearm transported in interstate commerce", using interstate commerce as the rational for jurisdiction in pre-empting virtually all state concealed carry statutes. It does not convey police powers.

Nick
nikdfish is offline  
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 08:13 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.04098 seconds with 8 queries