Attorney General Kane Eviscerates Florida License to Carry Firearms Reciprocity Agreement

Today, February 8, 2013, Attorney General Kathleen Kane followed through on her pledge to eviscerate Pennsylvania’s reciprocity agreement with Florida, regarding licenses to carry firearms (LTCFs). In a Notice from Attorney General Kathleen Kane, she announces that she has, unsupported by the law, “entered into a modification of the current firearm reciprocity agreement with the state of Florida.” In explaining the “modification”, she declares,  “If you are currently a resident of Pennsylvania only and have a CCP from the state of Florida, your Florida permit will no longer be recognized in Pennsylvania 120 days from the date of this Notice, or on June 8, 2013.”

18 PA.C.S. 6109(k) provides, “The Attorney General shall have the power and duty to enter into reciprocity agreements with other states providing for the mutual recognition of a license to carry a firearm issued by the Commonwealth and a license or permit to carry a firearm issued by the other state. To carry out this duty, the Attorney General is authorized to negotiate reciprocity agreements and grant recognition of a license or permit to carry a firearm issued by another state.”

On September 21, 2001, the Commonwealth of Pennsylvania and the State of Florida entered into our prior (and still current) reciprocity agreement. Since the Attorney General has removed it from her website, even though by her own Notice that reciprocity agreement is still in effect for 120 days, you can find a copy here. That reciprocity agreement provided for absolute reciprocity between the states and never required a Pennsylvania resident to have a PA LTCF in order to utilize a FL LTCF.

Per AG Kane’s modified reciprocity agreement, on February 1, 2013, (although someone should have informed AG Kane that she didn’t sign the document until February 4, 2013; therefore, it could not have been entered into on February 1, 2013), she entered into a “modification” to “amend and supersede the original agreement.” This modification now eviscerates the authority of a FL LTCF, if the individual is a PA resident and does not have a PA LTCF. Nothing in 6109(k) gives the Attorney General the power to “amend,” “supersede,” or “modify” an existing reciprocity agreement. Only the Legislature has the power to the amend, supersede or revoke a reciprocity agreement. The Legislature ONLY bestowed the power upon the AG to “enter into reciprocity agreements.” Furthermore, neither PA’s nor FL’s laws, regarding LTCFs, has changed since 2001, which would warrant a change to the reciprocity agreement. Then Attorney General Corbett already reviewed the laws of both states in 2001, found them to be substantially similar and not in conflict, and executed the reciprocity agreement.

As the language clearly provides, the Attorney General ONLY  has the power to “enter into reciprocity agreements.” Nothing confers the power on the Attorney General to “amend,” “supersede,” or “modify” existing reciprocity agreements.  Accordingly, in my opinion, the newly executed “modified” reciprocity agreement is null and void, as AG Kane lacked the power ad authority to execute a modification.

Accordingly, if you are a PA resident, who only has a FL LTCF, and wishes to challenge AG Kane’s action, please feel free to contact me, as I look forward to having her action declared invalid in a court of law .

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16 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

16 responses to “Attorney General Kane Eviscerates Florida License to Carry Firearms Reciprocity Agreement

  1. Pingback: » Loopholes and Hoops The Road Less Traveled By

  2. dkmartin215

    I’m a PA resident with a valid FL permit. I don’t have a PA LTCF. I would love to challenge this!!!

    Question: Would we be able to argue Kane doesn’t have the authority to place restrictions on a reciprocity? Like only recognizing resident permits instead of both resident and non resident permits? I’m looking at other states that only recognize resident permits like Florida, Colorado, South Carolina and those states have laws regarding that. Pennsylvania doesn’t. It just give the AG authority to enter into an agreement.

    • GO KANE

      its a lost battle. what she did is legal. L.E.G.A.L.

      • So Mr Anonymous, what are your legal credentials to say that her actions were legal? I’m sure you have a law degree, right?

      • Even if what she did was legal, was it right? Is there any evidence whatsoever that PA residents with a FL permit pose any danger to society? The only thing I see is a lot of misinformation and fear mongering without any real justification. Gun owners are seeing these actions as an attack on their rights because it IS nothing but an attack on the rights of law-abiding people.

  3. Granny Grunch

    So,the way I read if..if you are a resident of Florida with a Florida ccw license…you are still good to go in Pa….

  4. BO

    Prove to the people how it is L.E.G.A.L. , and to the people I will say… GET A FEDERAL FIRE ARMS LICENSE.
    Thought…. The Constitution states we the people of the United States right.
    OK so that was broken down to pasify the states desire to make money from all of this and give them some control. Got it.

    Just remember, I make it possible for you and your family to sleep at night without having your door kicked in by a government like that of some other countries whom I put my life on the line to Have AMERICA STILL BE THE HOME OF THE FREE, LAND OF THE BRAVE AND PROUD NATION IT CAN BE TODAY.
    When persons of a clouded conscience go on a crusade that they are not fully aware of, repercussions are going to affect a lot of persons.
    Enjoy your short term of service! The rest of you HAVE OPTICAL RECTALITUS. Please remove your head from your fifth point of contact and this will clear up soon.
    Respectfully. A FELLOW AMERICAN and Soldier.
    DISCLAIMER:::: If this shoe fits wear it. If not enjoy and laugh!

  5. Retired Combat Vet

    I am a PA resident with a FL non-resident LTCF. I went with the FL non-res because i’ve been in the Marines for the past 10 years and Florida was far more accommodating than PA when it came to helping me complete the paperwork abroad/out of state. Now that I have retired from the Marines and moved back to PA, it’s been nothing but trouble trying to get the PA LTCF. First off the Philadelphia Police won’t honor my proof of residence because the address on my driver’s license doesn’t match the new apartment i moved into and after that was brought to my attention things just went downhill. I left their office with the feeling that they were looking for anything to deny me this right and will continue to do so in the future. If the authorities are treating a retired combat veteran like this, i dont even want to know how they are treating regular law-abiding citizens.

  6. Western New York Lawyer

    If I am reading the law plainly, it appears that I also will be barred from carrying in Pennsylvania any further. Pennsylvania doesn’t recognize a New York permit. Accordingly, I had a Florida Non-Resident permit. The AG’s press release (and in fact, all the news outlets) seem silent on residents of neither FL or PA. Any ideas?

    • This is correct. Any non-Florida resident, even with a valid Florida license, will not be able to carry in PA, if the Reciprocity Agreement is valid and not rendered moot by Section 6106.

      • Western New York Lawyer

        The question is… when does this bar occur? When pen hit paper, or 120 days, as per the AG’s statement regards to PA residents.

  7. Derek

    I am a retired us army vet I got the Florida license to carry because my dad had car in my name and had parking tickets from 1999 that went Un paid and Philadelphia would not give me the license to carry till they were paid off my father is in jail and I refuse to pay for something that is not mine why should I not have right to protect myself and my family because of parking tickets I think this is a way for them to just get extra money out of people who don’t want to deal with the state my background is clean plus Florida is good in mre states is this legal and are they fighting it because I don’t think this is legal and as long as it is appled it not legal till family judge date

  8. Pingback: Philadelphia Requires You To Sign Lies To Get Your LTCF

  9. Pingback: Philadelphia Requires You To Sign Lies To Get Your LTCF - Page 2

  10. Pingback: PA Attorney General Kathleen Kane proves she gets her marching orders from Herr Bloomberg | Bullets First

  11. Pingback: Attorney General Kane Invalidates Utah Firearm Reciprocity | Prince Law Offices, P.C.

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