[wsweeks2]

I know this is a state forum and the title is US Constitution, but the question I have is directed more at the state level in regards to reciprocity issues. Is anyone aware of any case involving the following Section from the US Constitution:

"Article IV

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."

Just wondering if this angle has already been used. For example, if someone with a GFL were in any other state, would this section mean that the other state would have to honor the GFL just as they would a driver’s license or marriage license? Is there some law I am missing that would disqualify a firearms license/permit/etc. from being covered under this?

 

[Malum Prohibitum]

Driver's license in not subject to this clause.

A marriage is a judicial act, so it is, hence the worry over "marriage" of two men in one state affecting entire country.

GFL is not an act, record, or proceeding.

 

[Tinkerhell]

I completely have no sources but...
I heard there is an issue some judge is having to deal with now where two women were got married in a state that recognizes it, moved to a state where they don't & now want a divorce.

I think I'd tell em to go back where they got married & file there! hehehe
If the judge in the second state grants the divorce he/she is opening the door to precedent of recognizing homosexual marriage. :?

Maybe I should hunt source real quick.

here we go: http://www.gay.com/news/article.html?2007/05/23/4

 

[Rammstein]

If the state does not recognize homosexual marriage then there is nothing to dissolve.

 

[Malum Prohibitum]

Anybody who clicks on Tinker's link will immediately show up on their employer's IT guy's screen . . . :lol:

 

[Gunstar1]

I know this is a state forum and the title is US Constitution, but the question I have is directed more at the state level in regards to reciprocity issues. Is anyone aware of any case involving the following Section from the US Constitution:

"Article IV

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."

Just wondering if this angle has already been used. For example, if someone with a GFL were in any other state, would this section mean that the other state would have to honor the GFL just as they would a driver’s license or marriage license? Is there some law I am missing that would disqualify a firearms license/permit/etc. from being covered under this?

GFL and Drivers license do no fall under this. I am working on a GCO article I hope to have finished soon that talks about reciprocity and the full faith and credit clause.

 

[GAGunOwner]

.

 

[viper32cm]

The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form.

Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.

28 U.S.C.A. § 1738

 

[Gunstar1]

The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form.

Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.

28 U.S.C.A. § 1738

That's just it, a marriage or firearms license is not a Judicial proceeding. They are ministerial in nature.

 

[viper32cm]

Right