Even though I'd benefit from this law, I can't in good conscience support it, because I don't think Congress's commerce powers ought to extend so far as regulating the gun laws of the several states because the gun happened to once be in the stream of interstate commerce.

I would support perhaps a 14th amendment justification for this bill. Is such a thing possible?

How about a Full Faith and Credence basis?

I'm not a lawyer, but I've always understood that full faith and credit doesn't apply to things like licensing. Driver's licenses, for instance, are simply recognized among the states by agreement rather than FFC.

Wikipedia says:

The Supreme Court of the United States has long recognized a "public policy exception" to the clause. If the legal pronouncements of one state conflict with the public policy of another state, federal courts in the past have been reluctant to force a state to enforce the pronouncements of another state in contravention of its own public policy. The public policy exception has been applied in cases of marriage (such as polygamy, miscegenation or consanguinity), civil judgments and orders, criminal conviction and others.

Here is some tongue in cheek humor on the subject circa 2004.

03-03-04

To: Hizhonor Mayor Richard M. Daley, City Hall, Chicago, Illinois

Sir,

I am writing to congratulate you on your modern and progressive stance on the issue of Gay marriage. It is heartwarming indeed to see a public official with the cache and high standing you have taking this bold and forward thinking step into the 22nd century. It is good that you are putting yourself on the fringe of cultural evolution and it certainly is much more fun to talk about this issue than that nasty truck leasing scandal which recently has been diverting the public's sparse attention from your true mettle and concern for your city. City? Heck. For that matter, your concern for all mankind!

This Gay marriage issue is a vexing one to be sure. The pro Gay marriage lobby has decided that the reason d etra of the issue is the "Full faith and credit clause" in Article IV of the U.S. Constitution. They are claiming that if Massachusetts issues licensees for Gays to marry then all the other states of the union must honor those unions just as they do the traditional marriage between opposite sexes and I assume you are agreeing with this idea. This is a solid legal position based on a real law and I applaud you for wading deeply into a place you are not used to being. That takes guts.

Now, please let me get to the REAL reason for my missive to you. You have certainly decided to accept the reason put forth by the Gay lobby of why we must allow such marriages. If this is truly your stance then I find myself in amazing agreement with the premise. Therefore, I assume you will not have a problem with me gathering up my many firearms, legally purchased in this good state, and going out for a night on the town in your fine city.

I have a wonderful, old British mark IV .303 military rifle, as well as several handguns which I would love to show some of the nice movie goers, theater attendees and those out for a bite to eat in the city of Chicago. I'm sure the people I meet there would be fascinated by the history and technical specifications of these firearms.

Now, if you should suddenly get your hackles up over this idea I would be remiss if I did not remind you that many states in the union do not require any licenses for firearms at all. If we are going to utilize this "Full Faith and Credit" thingie, I assume it will go for all laws. Kentucky allows concealed carry for anyone. Vermont does not require any kind of license, as far as I know. Even our next door neighbor, Indiana, allows concealed carry in their fine state.

So, since you are suddenly so concerned with the U.S. Constitution, I certainly hope that you allow me to enjoy the same legal rights in your wonderful city that the people in over 30 States of the Union enjoy.

Heck, I'll even let you hold one of my pistols after checking to see that it is unloaded of course. Remember; Safety First! So, meet me on Daly Plaza one of these days and we can go out for a nice bottle of beer and a fish sandwich while we talk of my firearms and the automatic weapons your body guards carry.

Yours truly, Warner Todd Huston, a concerned Citizen of Cook County

Sebastian,

Even the most conservative reading of the commerce clause would support this law. This is a free movement of persons issue which has always been regulated under interstate commerce.