Tag Archives: “Attorney General”

Delaware Backpedals on Concealed Carry Changes

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The Delaware Attorney General’s Office has changed the information which appears on its website in relation to the reciprocity agreements of concealed carry permits with other states. Earlier this week I wrote that Delaware had changed its reciprocity agreements. At the time, the verbiage on the website was very clear (that being all non-resident permits from the states Delaware had agreements with would not be recognized after September 23, 2017).

As a number of readers and commenters on Facebook seemed to be confused as to the applicability of the language, I called the Attorney General’s Office to seek clarification. I was transferred to the individual who would have knowledge of the matter only to receive his voicemail. I followed up the following day only to be transferred back into voicemail. To date, I have not received a call back (which at this point is rather moot). Some time after the original blog article was posted, the website was updated to remove the language that was causing disdain amongst the firearms community.

The new language states that “[t]he list of states with reciprocal privileges is published on January 15 each year. Any additional reciprocal states would be posted on January 15 and be effective immediately. The removal of reciprocal privileges from any state would be posted by January 15 to take effect one year later.”

It goes on to state that the AG’s Office is currently reviewing the approval procedures for individuals in other states to acquire concealed carry permits to see if they meet the requirements of the Delaware Code to be recognized in Delaware. If the AG’s Office determines that they do not meet the requirements, notice will be published January 15, 2018 and the official change in recognition will occur the following year (January 15, 2019).

The AG’s Office does issue an apology for the confusion of the language that was posted from February 10-15th.

As always, we strive to give our readers the best and correct information. If you read the original article and shared it via Facebook, email, or some other method, I hope that you will forward along the updated information so that those around you can be in the know.

 

Do you have a non-resident concealed carry permit and find this article helpful? Be sure to pass it along to a friend who may benefit from the information by using the buttons below. Don’t forget to like Firearms Industry Consulting Group on Facebook by clicking the “Like” button on the right.

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Don’t forget, ballots for the NRA Board of Directors have been arriving. If you have not already voted, please consider voting for me. Voting members are those that are Life members or those who have been annual members for the past 5 consecutive years. If you have not yet received a ballot and you are a qualified member, you may contact membership services to acquire one.

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Delaware Changes Concealed Weapons Agreements (Not for the Better)

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UPDATE (2/17/17 8:42 AM): New Blog with current information related to the change in position from the Attorney General’s Office can be found here.

UPDATE (2/15/17 8:40 PM): After publication of the below article, it appears the language on the Delaware Attorney General’s page was changed to remove the information indicating that Delaware would no longer recognize non-resident permits. I already have a call in to the Attorney General’s Office requesting clarification and will post an update once I receive a response.

 

Delaware’s Attorney General recently updated their website to reflect the changes in their Reciprocity Agreements.

Previously, the website had listed reciprocity agreements with:

ALASKA

ARIZONA

ARKANSAS

COLORADO

FLORIDA

IDAHO
(Enhanced Permits Only)

KENTUCKY

MAINE

MICHIGAN

MISSOURI

NEW MEXICO

NORTH CAROLINA

NORTH DAKOTA

OHIO

OKLAHOMA

SOUTH DAKOTA
(Enhanced Permits Only)

TENNESSEE

TEXAS

UTAH

VIRGINIA
(Reciprocity with VA will be revoked as of 3/1/2016)

WEST VIRGINIA

Now, the website reflects the following changes:

ALASKA

ARIZONA

ARKANSAS

COLORADO

FLORIDA

IDAHO
(Enhanced Permits Only)

KENTUCKY

MAINE

MICHIGAN

MISSOURI

NEW MEXICO

NORTH CAROLINA

NORTH DAKOTA
(Class 1 permits only)

OHIO

OKLAHOMA

SOUTH DAKOTA
(Enhanced Permits Only)

TENNESSEE

TEXAS

UTAH

WEST VIRGINIA

Further, Delaware will no longer recognize non-resident permits issued by any state beginning on September 23, 2017.

As a number of Pennsylvanians have acquired either Florida or Utah non-resident permits in order to be able to carry a firearm in Delaware, it is important they be aware of this impending change as to not unlawfully carry a firearm in Delaware after the change becomes effective. While it is possible for the Attorney General of Pennsylvania (or the state in which you reside) to enter into negotiations with Delaware to secure a reciprocity agreement, it is likely that unless the state has a training requirement to obtain a license, Delaware will not enter into an agreement.

Perhaps the solution to the problem lies in the National Concealed Carry Reciprocity Bill that is currently in committee in the House. I’d encourage you to contact your Representatives and ask them to support the bill.

Do you have a non-resident concealed carry permit and find this article helpful? Be sure to pass it along to a friend who may benefit from the information by using the buttons below. Don’t forget to like Firearms Industry Consulting Group on Facebook by clicking the “Like” button on the right.

 

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Don’t forget, ballots for the NRA Board of Directors have been arriving. If you have not already voted, please consider voting for me. Voting members are those that are Life members or those who have been annual members for the past 5 consecutive years. If you have not yet received a ballot and you are a qualified member, you may contact membership services to acquire one.

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Attorney General Kane Publishes Report on LTCF Reciprocity Agreements

Today, Pennsylvania Attorney General Kathleen Kane, pursuant to 18 Pa.C.S. 6109(k)(2), published the required annual report on license to carry firearm (LTCF) reciprocity agreements for 2015. You can find a copy here.

Interestingly, although I am acutely aware that Idaho has been reaching out to the Attorney General’s Office for purpose of entering into a reciprocity agreement and I wrote an article last year on whether AG Kane was misleading the General Assembly by failing to disclose the contact with Idaho in her report, once again, this year the Report is silent about Idaho.

Hopefully, the General Assembly will inquire of her as to why we do not have a reciprocity agreement with Idaho.

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Consumer Alert: “Notice of Potential Compliance Violation” by the “Business Compliance Division”

Don’t be a victim, watch out for a misleading “Notice of Potential Compliance Violation” from the “Business Compliance Division,” says Prince Law Offices, P.C. attorney Jeffrey A. Franklin.

The mailing appears to be an official government document, but it is not.

Several businesses have reported receiving the postcard, which directs the recipient to call 1-855-530-2615 to avoid potential fees and penalties. The card bears a symbol with a scale and two hands shaking.

The address of the Business Compliance Division on a recent postcard states its address as 3915 Union Deposit Rd #921, Harrisburg, PA  17109.  This is the address of a store with private mail boxes.  Reports of similar letters and cards from other states have also been reported.

When the business owner calls the number, he is told to pay a one-time fee of $70 to apply for a Certificate of Good Standing or something similar.

Businesses should exercise caution before providing information or payment to Business Compliance Division, or any other entity that makes misleading claims or requests.

A certificate of existence/good standing/subsistence is proof that a domestic corporation or domestic limited liability company is in existence.  A good standing certificate is available to anyone for ordering through the state.  In Pennsylvania, it is called a subsistence certificate and is available online for $40 from https://www.corporations.pa.gov/Search/CorpSearch.

If you have questions about business documents, contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C. or your state’s corporation bureau or attorney general.

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Attorney General Kathleen Kane Issues Firearm Reciprocity Report

Today, Attorney General Kathleen Kane issued her 2013-2014 Firearm Reciprocity Report, as required by 18 Pa.C.S. § 6109. Pursuant to Section 6109(k)(2), “The Attorney General shall report to the General Assembly … annually … concerning the agreements which have been consummated under this subsection.”

There is little of interest in the one page report, other than the Attorney General’s office again acknowledging that it invalidated our reciprocity agreement with Utah based upon some ghost statutory change to Utah’s law. No one has yet to identify this putative change in Utah’s law or the authority for the Attorney General to rescind, modify, amend or otherwise change an existing reciprocity agreement. I previously testified before the Pennsylvania House of Representatives, House State Government Committee, regarding this usurpation of power.

What appears clear from the report is that the AG’s Office spent as much time drafting the report as it seemingly spent attempting to obtain new reciprocity agreements. Do we have a new AG yet?

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Some Positive News from . . . New Jersey?

I am happy to report that New Jersey’s Attorney General, John Hoffman, has issued a new directive in response to the unnerving practice of NJ prosecutors to fully prosecute individuals for relatively minor infractions and misunderstandings of New Jersey’s firearms laws.  In response to outrage over the case of Shaneen Allen – the Pennsylvania woman charged with possession of a firearm in Atlantic County, NJ last year – Attorney General Hoffman released a directive on September 24, 2014, directing prosecutors not to seek prison terms for individuals merely for unlawfully possessing a firearm.

In the directive, Attorney General Hoffman states that “in the absence of case-specific aggravating circumstances, these defendants should not be sentenced to incarceration,” since “imprisonment is neither necessary nor appropriate to serve the interests of justice and protect public safety.”  Rather than seek harsh penalties – a minimum of 3 1/2 years under the Graves Act – prosecutors are instructed to do one of two things: (1) accept an offer of pretrial intervention (PTI) or (2) “tender an initial plea offer that authorizes the court upon conviction to impose a non-custodial probationary sentence.”

As the law stood between 2008 – when the Graves Act was modified – and the time of this Directive, a prosecutor had sole discretion as to admit a Graves Act defendant to PTI, and the bar was set high: a showing of compelling and extraordinary reasons was required to avoid normal prosecution.  Whether the Graves Act defendant received a shortened prison term or probation also was entirely within the realm of the prosecutor’s discretion.

The recent Directive directs prosecutors to offer PTI if there are no aggravating factors or, if the prosecutor finds PTI inappropriate, it all but mandates a prosecutor to make the plea offer for a non-prison sentence.

Importantly, there are three criteria for this Directive to apply: (1) the firearm was lawfully acquired in another jurisdiction; (2) possession of the firearm, under the same circumstances, would have been lawful in the individual’s jurisdiction; and (3) the individual was mistaken in believing that he or she was lawfully in possession in New Jersey.

In addition to the above factors, in order to gain PTI, the prosecutor must consider the following:

(1) the level of the firearm’s exposure to New Jersey residents would be minimal (i.e was it stored in a trunk or carried on the person in public, and whether the firearm was loaded);

(2) criminal history and/or any other crimes occurring at the moment (i.e. was the possession discovered because the individual was pulled over for a headlight violation, or was the person engaged in a drug deal or assault?);

(3) volunteering the information (as in the Allen case);

(4) checking the firearm in for safe-keeping (for example, checking the firearm into a hotel front desk demonstrates the lack of intent to do harm and the genuine mistake as to NJ firearms law);

(5) did the individual actually know that he or she was in violation of New Jersey law by carrying the firearm?

While certainly less than perfect, and still subject to a fair amount of prosecutorial discretion, this is a step in the right direction for New Jersey.

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