Tag Archives: CCW

PA Attorney General Reviews Reciprocity Agreements and Nixes Virginia

On Monday, PA Attorney General Josh Shapiro held a press conference wherein he “announced his office ha[d] completed an exhaustive review of concealed carry reciprocity agreements with all 49 other states, as required under Pennsylvania law.” Notably, the Attorney General’s website has been updated with a handy chart.

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The announcement specified that Pennsylvania now recognizes the licenses of 29 other states (previously it was 28). Notably, Idaho and Alabama were added to the recognized states. However, Virginia was removed. As of May 16, 2018, Virginia residents will no longer be able to carry in Pennsylvania pursuant to a Virginia Concealed Handgun Permit.

Pouring salt into an already open wound, the Attorney General has also specified that non-resident permits will no longer be recognized in PA. Which means that in order to lawfully carry a concealed firearm in Pennsylvania, according to the Attorney General, you must be a resident of the state which has issued the license and be over twenty-one years of age.

There are two manners in which Pennsylvania recognizes reciprocity. The first is found in 18 Pa.C.S. § 6106(b)(15) and allows the Attorney General to recognize, without a written agreement, another state’s license. This is predicated on the condition that the other state recognizes Pennsylvania License to Carry Firearms (“LTCF”) and that the laws governing firearms in that state are sufficiently similar to Pennsylvania’s.

The other manner is by written agreement. 18 Pa.C.S. § 6019(k)(1) 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.

Virginia and Pennsylvania had entered into a written reciprocity agreement on January 3, 2007. The agreement was amended on March 15, 2013 during the tenure of disgraced former Attorney General, now convicted felon, Kathleen Kane. Notably, the statute is silent as to the ability of the Attorney General to rescind a reciprocity agreement. However, that does not appear to have stopped Attorney General Shapiro.

Moreover, Section 6109(k)(2) requires that “[t]he Attorney General shall report to the General Assembly within 180 days of the effective date of this paragraph and annually thereafter concerning the agreements which have been consummated under this subsection.” (emphasis added). Based on the plain language of the statute, it would seem the General Assembly wished to be apprised of the states with which the Attorney General entered into written reciprocity agreements on an annual basis. Further, this would imply that if the General Assembly believed the agreement to be inappropriate, it could act to revoke its status, rather than leaving that to the discretion of the Attorney General.

Below is a list of states that Pennsylvania recognizes the permits of. You can find more information in the PDF provided by the Office of the Attorney General here.

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Devastating En Banc Decision Regarding Act 235 Security Guards

Yesterday, in a devastating en banc opinion by the Pennsylvania Superior Court in Commonwealth v. Anderson, it ruled that an individual who is Act 235 certified is not entitled to carry a firearm to and from work, absent a license to carry firearms, regardless of the language in Act 235 that requires a private security guard carry his/her certificate when “on duty or going to and from duty and carrying a lethal weapon.”

The background of the case is explained succinctly by the court, stating:

The charges stem from an altercation on North Dewey Street in Philadelphia on November 3, 2013. Anderson was on his way home from his job as a private security guard, and he stopped at a party to pick up a friend who had asked him to take her home. He was wearing a bullet-proof vest and a security badge or lanyard around his neck, and he was carrying a gun; he stopped his car in the middle of the street. Meanwhile, Mark Ellis drove onto the street behind Anderson and stopped to drop off food at the home of a local resident, Syreeta Manire. After Manire retrieved the food, Ellis quickly proceeded to drive away. Anderson’s car was blocking the street, and Ellis stopped a few feet behind it. Anderson and Ellis then exchanged words. Ellis pulled out a gun, and Anderson tried to grab that gun from him. Shots were fired, and Anderson shot and killed Ellis. A subsequent police investigation determined that Anderson was not licensed to carry a firearm, but that he did possess a valid Act 235 certificate.

The Commonwealth decided not to prosecute Anderson for any homicide-related charges stemming from the shooting. But on January 17, 2014, it charged Anderson with impersonating a police officer and violating two provisions of the PUFA: Section 6106(a)(1), which prohibits carrying a firearm without a license, and Section 6108, which prohibits carrying an unlicensed firearm on public streets or public property in Philadelphia.

On February 11, 2014, Anderson filed a motion to quash the PUFA charges. After hearing argument, the trial court granted Anderson’s motion. In an opinion, the court explained that Act 235 requires private security guards to carry a certificate under the Act when “on duty or going to and from duty and carrying a lethal weapon,” and that, in the court’s view, this constitutes “legislatively created permission to carry a firearm on the street while ‘going to and from duty.’” … Therefore, Anderson was “entitled to avail himself of Act 235’s specific permission for him to be carrying a firearm at the time of his arrest” and could not be charged with violating the PUFA.

As the City of Philadelphia was disgruntled with the trial court’s dismissal of these charges, it appealed to the Superior Court.

On August 23, 2017, the Superior Court issued its en banc decision reversing the trial court and re-instituted the charges. After reviewing the history of the Uniform Firearms Act (referred to as PUFA by the court) and Act 235, the court declares that “PUFA requires a person carrying a firearm to have a license, but an Act 235 certificate is not a license and does not function as a type of document that could serve as a substitute for a license.” More specifically, the court states that “An Act 235 certificate thus does not act as the ‘license’ required by Sections 6106 and 6108 of the PUFA and cannot serve as a substitute for that license.”

But some of you are probably saying that he’s exempt under Section 6106(b)(6), which declares:

(b)  Exceptions.  The provisions of subsection (a) shall not apply to:

(6) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.

However, in a mind-boggling evisceration of the statutory language, the court goes on to say that the “exceptions” found in Section 6106(b), even though the statutory text states that subsection (a) shall not apply, are defenses that must be proven at trial. This is truly a manifest injustice, as the General Assembly is acutely aware of how to draft provisions that are “defenses,” as evidenced by 18 Pa.C.S. 912(c), and those that are immunities or exceptions.

Based on the absurdity of this decision, for example, now law enforcement officers, who are found in a courthouse possessing a firearm, are to be prosecuted and have to prove, as a defense, that the firearm was possessed in “lawful performance of official duties” because Section 913(c) makes such possession an “exception.” Even more obscene, the same would be true of “constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers,” since this is an “exception” found in Section 6106(b).

As a result, if you are an Act 235 security guard, it is now imperative that you obtain a license to carry firearms, immediately. Likewise, if you are a law enforcement officer, including constable, sheriff, deputy or police officer, even a Pennsylvania State Trooper, you must immediately obtain a license to carry firearms.

If you or someone you know is being prosecuted for carrying a firearm absent a license to carry firearms, contact FICG today to discuss your options.


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

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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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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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Virginia Reciprocity with Pennsylvania to End on February 1, 2016

As reported by the Washington Post, Virginia Attorney General Mark R. Herring (D), unilaterally, plans to announce Tuesday that Virginia will no longer recognize concealed carry handgun permits from 25 states that have reciprocity agreements with Virginia as of February 1, 2016. Of the 25 state, Pennsylvania is listed as one of them.

As a result, Federal Reciprocity becomes even more important. I previously reviewed the different currently pending Federal Reciprocity Bills in my article –  The 411 on National Reciprocity for Concealed Carry.

Please contact your Representatives and have them support H.B. 986.

 

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