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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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Due Process: The Backbone of Legal Legitimacy

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Monday, September 8, 2025

Due Process: The Backbone of Legal Legitimacy

Close observers of the gun debate often see references to due process.

Gun Control “Journalist” Says the Quiet Part Out Loud

News  

Monday, September 8, 2025

Gun Control “Journalist” Says the Quiet Part Out Loud

Pure gun control. As in disarmament and banning of firearms. It’s rare that anti-gunners get straight to the exact point that we have been warning of for decades. 

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Thursday, September 11, 2025

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Yesterday, the Third Circuit Court of Appeals issued an opinion in Siegel v. Platkin, striking some of the carry restrictions New Jersey enacted in response to the NRA’s landmark Supreme Court victory, New York State Rifle & ...

The Desperate Deflection to the “Red State Murder Problem”

News  

Monday, September 8, 2025

The Desperate Deflection to the “Red State Murder Problem”

California Governor Gavin Newsom (D) may have thought he had scored against President Donald Trump in a recent war of words over rampant crime and the deployment of federal law enforcement agents to Democratic-led cities

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Monday, September 8, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to grant certiorari in a case challenging Washington State’s ban on firearm magazines that hold more than 10 rounds.

California: Legislature Adjourns with Anti-Gun Bills Headed to the Governor's Desk

Monday, September 15, 2025

California: Legislature Adjourns with Anti-Gun Bills Headed to the Governor's Desk

On Friday the California State Legislature adjourned the 2025 legislative session in typical California fashion, advancing anti-gun legislation to Governor Newsom's desk. Contact Governor Newsome today and urge his veto of AB 1078, AB 1127, AB ...

Illinois: Governor Signs Mandatory Firearm Storage Law

Wednesday, September 3, 2025

Illinois: Governor Signs Mandatory Firearm Storage Law

Earlier this month, Governor JB Pritzker signed Senate Bill 8 into law. This legislation imposes new mandatory firearm storage requirements on law-abiding gun owners.  

Minnesota: Senate Gun Violence Prevention Working Group Meeting on Monday

Friday, September 12, 2025

Minnesota: Senate Gun Violence Prevention Working Group Meeting on Monday

On Monday, September 15th, the Minnesota Senate will hold a special working group on "gun violence prevention."

New York Law Imperils U.S. Olympic Target Shooting, Favors China’s Dominance

News  

Monday, September 15, 2025

New York Law Imperils U.S. Olympic Target Shooting, Favors China’s Dominance

As U.S. shooting sports athletes prepare for the 2028 Olympics in Los Angeles, New York law is burdening target shooters in the Empire State.

Armed Citizens: Not Just an American Concept

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Monday, September 15, 2025

Armed Citizens: Not Just an American Concept

We frequently post stories about law-abiding citizens who, by exercising their rights protected under the Second Amendment, bring an end to violent criminal assaults.  

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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.