Wednesday, July 22, 2009

Limits on Concealed Weapons Permits

An interesting federalism case. Can the federal government mandate that concealed weapons permits issued in one state be respected by another? Does this fall under the Full Faith and Credit Clause? Whether it can or not, it doesn't seem inclined to try, at least at the moment:

The Senate on Wednesday turned aside the latest attempt by gun advocates to expand the rights of gun owners, narrowly voting down a provision that would have allowed gun owners with valid permits from one state to carry concealed weapons in other states.

A group comprising mostly Republicans, along with some influential Democrats, had tried to attach the gun amendment to the annual defense authorization bill, a must-pass piece of legislation. But the provision got only 58 votes, two short of the 6o votes needed for passage under Senate rules.

I wonder if some intrepid soul might try to make a test case out of this. Carry a licensed concealed weapon in a state where the state does not recognize the permit, subject himself to arrest and punishment, then challenge the constitutionality of the conviction on Second Amendment grounds.