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Don’t Equate Same-Sex Marriage Decision with National Concealed Carry Reciprocity

Sunday, July 5, 2015

Don’t Equate Same-Sex Marriage Decision with National Concealed Carry Reciprocity

On June 26, 2015, the U.S. Supreme Court issued an opinion in the case of Obergefell v. Hodges, which concerned whether same-sex marriage is a right protected by the U.S. Constitution.   Although the case did not address the right to bear arms, some pro-gun advocates began debating whether the Court’s reasoning and analysis had application to national concealed carry licensing reciprocity. 

This is a reasonable question. If states that formerly did not sanction same-sex marriage now have to recognize all marriages from states that do, shouldn’t that also mean restrictive “may issue” concealed carry jurisdictions have to recognize concealed carry licenses from less restrictive “shall-issue” jurisdictions? Some commentators went even further, insisting that Obergefell has conclusively settled the national reciprocity issue in favor of gun owners.

Unfortunately, the answer is not that simple. In particular, we strongly advise concealed carry license holders not to assume Obergefell provides them with the legal basis they need to carry without an in-state license in strongly anti-gun states such as Maryland, New Jersey, or New York. Doing so at this point would still subject the traveler to arrest and criminal prosecution. 

This is so for a number of reasons, chief of which is that the U.S. Supreme Court has not yet ruled squarely on the question of whether the Second Amendment protects the right to carry a loaded handgun in public, and if it does, whether states must recognize each other’s permits. The landmark cases of Heller and McDonald only concerned the question of handgun possession in the home. 

Until the Supreme Court rules on the issue conclusively, certain reliably anti-gun jurisdictions can be counted on to exist in a state of denial and defiance. If states and lower courts can ignore a congressional statute like Firearm Owners’ Protection Act – and they do – they certainly can ignore arguments that the philosophical bases for interstate recognition of same-sex marriage compel interstate recognition of concealed carry permits.

But there is a lesson gun owners can draw from Obergefell.  An uncontested fact mentioned in Chief Justice Roberts’s dissent in the case is that no society was known to have permitted same-sex marriage before 2001. Now, in 2015, the U.S. Supreme Court has found it to be a fundamental right that cannot be overturned by any state legislature or popular referendum. Whatever one’s view of same-sex marriage, the incredible shift in this area shows what is possible when people dedicate themselves to a common cause. 

That is the true lesson of the Obergefell decision for gun owners, who should not rest until Second Amendment rights are similarly respected in all 50 states.  That is why the NRA will continue to lead the fight in the legislative, legal and political arenas to secure national right to carry reciprocity so that all Americans can defend themselves everywhere they are legally entitled to be.  

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Colorado: Assault Weapons Ban Vote Happening This Week! Merchant Category Mandate Legislation Headed to the Governor

Tuesday, April 9, 2024

Colorado: Assault Weapons Ban Vote Happening This Week! Merchant Category Mandate Legislation Headed to the Governor

The Colorado General Assembly continues to throttle down on gun control. Today, House Majority Leader Monica Duran announced that HB24-1292, the so-called “assault weapons” ban, could be voted on as soon as this week after lying ...

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

The 97Percent Lie

News  

Monday, April 8, 2024

The 97Percent Lie

The newest kid on the block in the gun-ban movement is a group calling itself 97Percent, which claims it has “a deep commitment to promoting responsible gun ownership and enhancing public safety.” 

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Wednesday, April 10, 2024

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Senator Anne Carney, Maine's leading gun grabber, is at it again.

“Crime Guns” -- D.C.’s MPD Under an ATF Cloud

News  

Monday, April 8, 2024

“Crime Guns” -- D.C.’s MPD Under an ATF Cloud

Some reckonings are a long time coming. The District of Columbia’s irrational hostility to all things gun-related and to legitimate, licensed retail gun dealers in particular, has reportedly culminated with the federal Bureau of Alcohol, ...

NRA Files Amicus Brief in Challenge to Hawaii’s Butterfly Knife Ban

Friday, April 5, 2024

NRA Files Amicus Brief in Challenge to Hawaii’s Butterfly Knife Ban

On March 28, 2024, NRA filed an amicus brief with the en banc Ninth Circuit in Teter v. Lopez, a challenge to Hawaii’s prohibition on the possession of butterfly knives.

Colorado: Floor Votes Expected Next Week on Semi-Auto Ban and Liability Insurance Mandate!

Friday, April 5, 2024

Colorado: Floor Votes Expected Next Week on Semi-Auto Ban and Liability Insurance Mandate!

Next week both HB24-1292 the “assault weapons” ban, and HB24-1270, gun owner liability insurance mandate, could receive votes on the House floor. Additionally, the House Finance Committee is scheduled to hear anti-gun legislation which creates a redundant state permitting ...

Grassroots Spotlight: New Mexico Grassroots

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Monday, April 8, 2024

Grassroots Spotlight: New Mexico Grassroots

The 2024 New Mexico State Legislative Session had no shortage of extreme anti-gun legislation being pushed by none other than Governor Michelle Lujan Grisham.

Maryland: Legislature Adjourns Sine Die from 2024 Session

Tuesday, April 9, 2024

Maryland: Legislature Adjourns Sine Die from 2024 Session

Last night, the Maryland General Assembly adjourned sine die from its 2024 legislative session. On the last day of the session, The Gun Industry Accountability Act, HB 947, was passed and is now headed to the Governor's desk. The ...

Colorado: Extreme Gun Control on the Move! Take Action Now!

Wednesday, April 3, 2024

Colorado: Extreme Gun Control on the Move! Take Action Now!

Anti-gun extremists in the General Assembly have been busy at work infringing on your constitutional rights.

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.