William Baude Offers "A Better Constitutional Basis for the Concealed Carry Reciprocity Act of 2017"

A better constitutional basis for the Concealed Carry Reciprocity Act of 2017

It has sometimes gotten lost amid some of the other doings in Congress this week, but the House is considering a bill, HR 38, the “Concealed Carry Reciprocity Act of 2017,” that would create a federal right of reciprocity for holders of a state permit to carry a concealed firearm.

There are questions, however, about Congress’s authority to pass the bill, which seems to stretch the limits of the commerce power and of the 14th Amendment’s enforcement power, as discussed in posts by Josh Blackman and Joseph Blocher, among others. But there may be another way.

In a letter sent today, Stephen Sachs, Randy Barnett and I argue that Congress should not rely on the commerce power but should instead rely on the Full Faith and Credit Clause.

Read more at The Volokh Conspiracy