SCOTUS ruling on Gay marriage = national reciprocity?

General General Discussion
1

I’m not an attorney so I don’t know how far a reach this is, but I’d say at the very least, it sets precedence for national reciprocity if/when the courts had to decide on it:

SCOTUS Ruling On Same-Sex Marriage Mandates Nationwide Concealed Carry Reciprocity

If you’re following any of the various media outlets this morning, you’re probably aware that the U.S. Supreme Court has just extended gay marriage to all 50 states.

The Supreme Court ruled Friday that same-sex couples have a right to marry nationwide, in a historic decision that invalidates gay marriage bans in more than a dozen states.

Gay and lesbian couples already can marry in 36 states and the District of Columbia. The court’s ruling on Friday means the remaining 14 states, in the South and Midwest, will have to stop enforcing their bans on same-sex marriage.

The outcome is the culmination of two decades of Supreme Court litigation over marriage, and gay rights generally.

You can peruse the full ruling here, but the meat of the activist Court’s over-long decision hinges on a single paragraph.

The Court used Section 1 of the Fourteen Amendment to justify their argument, which reads:

Amendment XIV
Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

By using the Constitution in such a manner, the Court argues that the Due Process Clause extends “certain personal choices central to individual dignity and autonomy” accepted in a majority of states across the state lines of a handful of states that still banned the practice.

The vast majority of states are “shall issue” on the matter of issuing concealed carry permits, and enjoy reciprocity with a large number of other states.

My North Carolina concealed carry permit, for example, was recognized yesterday as being valid in 36 states, which just so happened to be the number of states in which gay marriage was legal yesterday. But 14 states did not recognize my concealed carry permit yesterday.

Today they must.

Using the same “due process clause” argument as the Supreme Court just applied to gay marriage, my concealed carry permit must now be recognized as valid in all 50 states and the District of Columbia.

I’ll be driving through the District of Columbia, Maryland, New Jersey, and New York in several weeks, places that until yesterday I did not have a legal right to concealed carry. As of today, with this decision, it would seem that these states and the District must honor my concealed carry permit, or violate my constitutional rights under the 14th and Second Amendment.

God Bless America.

http://bearingarms.com/scotus-ruling-sex-marriage-mandates-nationwide-concealed-carry-reciprocity/

2

Makes sense to me…

Let’s add Suppressors / SBR’s and “magazine bans” to that list as well.

3

I’ve said this for years.
I’m only waiting for the “NO, it does NOT work that way!” from the ruling class politicians.

4

Since the justices created legislation from the bench and did not truly utilize the Constitution in the case of homosexual marriage, I wouldn’t hold my breath on getting the same ruling to apply to CCW across the 50 states as one of the swing conservative justices tends to swing both ways.

5

I have seen this idea a couple of times since the ruling. As someone who lives behind enemy lines this may or may not benefit me if it came to pass. The bill that has been circulating in DC would not help me at all since it would force NJ to recognize all other 49 permits, but they would not give me one and would not recognize my FL Non-Resident one.

As others have said, these douches are legislating, not interpreting the Constitution.

I hope it helps, but I plan on leaving NJ instead.

6

It makes sense and that’s why it will never, ever happen.

7

It will make for an interesting argument, certainly, but it will go nowhere. National reciprocity ain’t gonna happen on an en passant basis like this.

8

It appears that after further reading, the ruling will also open the doors to polygamists as they can now claim discrimination based on the courts language in the ruling.

9

Makes sense that it would, but let’s try and keep this thread on 2A/National reciprocity as it applied to this ruling if possible. :cool:

10

Yall don’t get your hopes up…like Scalia said earlier this week, to paraphrase…the Court is picking and choosing the laws its favors and discarding the ones it doesn’t.
I say it AINT gonna happen.

11

You’re reaching if you’re trying to find a positive in this. A far more likely result from the SCOTUS’s regutting of the 10th Amendment would be to overturn any Second Amendment Protection/Preservation Acts that have been passed by the various States, or, a smack down of the the various concealed carry laws as they pose a danger to citizens that don’t have them. Equal protection under the law, right? :blink:

12

I’ve actually had an epiphany on this. Let’s suppose for the sake of supposin’ that the recent SCOTUS decisions really are the result of some secret NSA-meta-data-based blackmail or something.

TPTB could very well be scouring the country for some fast-track court case that would allow them to revisit and overturn Heller.

I know, I know, the SCOTUS very rarely reverses itself, but if it’s been compromised somehow, anything could happen.

13

I agree it opens the door to all kinds lawsuits. Polygamy, age of Consent, ccw, nfa, legal pot, legal any drug really…

More watering down of states making their own choices and voting them. Legislation by court is so much easier anyway, right…er…um…

They are going to pick and choose of course. But still, high profile lawyers dream come true.

14

This SCROTUS would turn equal protection into equal peril.

Ok, let’s say it passes, as we have seen in other gun rulings anti-gun states and cities just don’t follow the law. Sure you can CCW anywhere, after you spend a couple nights in jail while they verify your credentials.

Actually, this is something the right should take away from the Progressives- they lose court fights and don’t follow the ruling anyways. We need to start dragging our feet and skirting the law.

15

This falls flat on its face when you understand that all states allow some form of legalized firearm carry. Whether shall or may issue is irrelevant, and that is the argument which will be used to ensure SCOTUS never even sees it let alone overturns any may-issue laws.

16

No, but what is relevant is that those same states that technically allow CCW (but in reality don’t) do not have to honor a CCW from another state. However, now that gay marriage is nationally sanctioned states that don’t allow gay marriage must now honor it. Seems what’s good for the goose is good for the gander.

Do I think it will get traction? No (unfortunately). Do I think it will happen if someone has the balls and $$$ to push it? Still no. Do I think it’s the right thing to do, given this force-it-down-your-throats thing has been sanctioned? Abso-freaking-lutely!

17

I remember when I lived in CA and frequented Calguns a lot of people there including lawyers thought this would help their situation about reciprocity. It certainly makes sense to me, however I don’t know if it will work out that way in court.

18

Reciprocity already exists for license plates.

Its not going to help here.

19

If half the gun owners in the country have $5 toward a lawsuit we would be able to push this to SCOTUS.

20

Concealed carry reciprocity is not going to happen. The reason why is the current leftist majority in the Supreme Court doesn’t follow the constitution and is simply making shit up as it goes along.