If SCOTUS rules all states must honor gay marriages from other states must it also rule they must recognize gun permits from other states?

2015-06-21T15:02:06-04:00

Response by LTC Ed Ross made Jun 21 at 2015 3:03 PM

2015-06-21T15:03:48-04:00

In my view if gay marriage is a constitution alright requiring all states recognize gay marriages from states that allow gay marriage, the same principle applies to gun rights.

Response by Sgt Aaron Kennedy, MS made Jun 21 at 2015 3:10 PM

2015-06-21T15:10:02-04:00

SCOTUS picks and chooses which cases it hears based on its own internal politics. My understanding is it only takes 4 Justices to decide to HEAR a case, but 5 to Decide one.

As such, SCOTUS had their hand forced in hearing Same Sex Marriage because of conflicting decisions below them. They had to resolve. Prior to that, they were able to refuse to hear, leaving a verdict intact, or kick it back down for additional review.

With Gun Permits, it depends on what kind of Permit you are talking about. DC v Heller & Chicago v Miller confirmed that ownership was independent of militia participation (affirmed 2a protections), however it did not touch class of weapons, CONCEALED hand gun permits, Constitutional Carry etc.

Each of those issues require standing to make its way to them before they can even review the issue. For the most part, lobbyists are fighting lawsuits where they know they can win, knocking down specific laws, using that as precedent to build up bigger and bigger cases and then "may" try to force the issue later.

The last thing they want is a SCOTUS ruling not in their favor when you have local/state rulings that are in your favor.

Response by LTC John Shaw made Jun 21 at 2015 3:13 PM

2015-06-21T15:13:37-04:00

The use of case law doesn't work that way. SCOTUS will need a case that speaks to the gun permit issue in front of it to decide. Gun laws traditionally have been decided by each state. Not sure if this has been adjudicated before...

Response by TSgt Private RallyPoint Member made Jun 21 at 2015 6:39 PM

2015-06-21T18:39:02-04:00

U.S. Constitution - Article 4 Section 1
"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."

By my reading and understanding, it is already so. That said, I have no desire to become a test case. Your opinion may vary.

Response by PO2 Skip Kirkwood made Jun 21 at 2015 8:54 PM

2015-06-21T20:54:08-04:00

One would think that "full faith and credit" means "FULL faith and credit" -- but that might make too much sense.

Response by MAJ Keira Brennan made Jun 22 at 2015 12:09 AM

2015-06-22T00:09:15-04:00

I think so. I don't know why there are so many hurdles to go through for reciprocal agreements.

Response by MSgt Manuel Diaz made Jun 22 at 2015 12:25 AM

2015-06-22T00:25:04-04:00

Only if the gun is married to a knife or bow from an unwed coupling except in New Jersey

Response by SSG (ret) William Martin made Jun 22 at 2015 12:36 AM

2015-06-22T00:36:41-04:00

Wow, that sounds like a dictatorship. The states are losing more power.

Response by SGT Lawrence Corser made Jun 22 at 2015 10:48 AM

2015-06-22T10:48:24-04:00

Well it kind of is A-O but it is a good argument.