TN Lost Reciprocity With Washington State

[JayC]

On 1/15/2017 at 4:09 PM, NextExit said:

Aint it something?  Even with the 2A in our constitution, you can't get a non-resident permit for CA, NY, NJ, etc. but you can get a non-resident permit (PAL) for Canada which doesn't even have a 2A.  Heck, I could even buy or sell a gun up there.   So much for "shall not be infringed."  For anyone that has the time (or gets really bored) look at NJ gun law... I had a headache after the 3rd paragraph  No way you'll ever get a non-resident permit there.

So, there is a MUCH bigger problem states have with denying non-resident permits, and that is it violates the US Constitution, lets not make a 2A argument that they are denying us a fundamental right, lets go even easier.

Article IV - Section 2

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

The plain reading of this basically means that TN can NOT grant a privilege only to it's residents, and deny those privileges to non-residents.  The same goes for CA, NY, NJ etc.  It's an interesting legal theory that doesn't appear to have been tried yet.  It doesn't require a judge to be pro-2A, only enforce common case law that goes back nearly 200 years.

[chances R]

"The plain reading of this basically means that TN can NOT grant a privilege only to it's residents, and deny those privileges to non-residents."

Or in other words,  ....basically means that the USA can NOT grant a privilege only to its residents, and deny those privileges to immigrants. 

Don't think that is the way it works in either situation....just sayin'

[JayC]

1 hour ago, chances R said:

"The plain reading of this basically means that TN can NOT grant a privilege only to it's residents, and deny those privileges to non-residents."

Or in other words,  ....basically means that the USA can NOT grant a privilege only to its residents, and deny those privileges to immigrants. 

Don't think that is the way it works in either situation....just sayin'

I really worry about our education system some days.  Where does Article IV Section 2 of the US Constitution talk about immigration?  It talks about a limitation of power placed on the both of the individual states.  That they can not charge a different tax rate for non-residents, or prohibit a non-resident from buying property in the state.  Since TN claims that an HCP is a privilege, then per the plain reading of the Constitution they must allow any citizen of the many states the same privilege.

Quote

the Supreme Court, which has held that the clause means that a state may not discriminate against citizens of other states in favor of its own citizens.

Then you have 2 court cases which provide basic case law on the subject, one about a NJ prohibiting PA residents from collecting clams:

https://en.wikipedia.org/wiki/Corfield_v._Coryell

And a slightly more known case Dred Scott v Sandford which opinion includes the following passage:

Quote

citizens of any one State of the Union, the right to enter any other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them full liberty of speech in public and in private upon all subjects upon which its [a State's] own citizens might speak; to hold public meetings upon public affairs, and to keep and carry arms wherever they went.

That seems to be fairly on point, it comes from one of the worse decisions ever given by SCOTUS, but it's clear this line of thinking was around at or near the founding.

[chances R]

Well let me know how that works out for you in New York or New Jersey.

[JayC]

27 minutes ago, chances R said:

Well let me know how that works out for you in New York or New Jersey.

I'm not suggesting that you go and carry into NJ, only that it's a unique legal way to challenge states refusing to issue non-residents permits.  And you'd challenge them in federal court, not state courts.  It doesn't rely on the 2A at all, only that they grant a privilege to citizens of the state and refuse to grant that privilege to non-residents, and that clearly violates the constitution.

[300winmag]

Technically New Jersey does offer a non resident permit but no way will any normal person get one.  California and New York pretty much do not offer non resident permits so in a way those states are offering something to residents that no non resident can obtain.