Tag Archives: reciprocity

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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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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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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The 411 on National Reciprocity for Concealed Carry

Since the prosecution of Shaneen Allen, there has been a push across the United States for national reciprocity but few are aware of the proposed reciprocity bills. While I have some concerns about national reciprocity (which I review below), it is important to understand the four currently pending bills regarding national reciprocity.

Senate Bill 498, introduced by U.S. Senator John Cornyn (R-Texas) and House of Representatives Bill 923, introduced by U.S. Representative Marlin Stutzman (R-Ind.) are companion bills (meaning that they are identical, at least, when submitted). Currently S.B. 498 has 32 cosponsors and H.R. 923 has 36 cosponsors. These bills would provide that where an individual is not prohibited under federal law from possessing firearms and has license or permit from a state, which includes a photo, that allows him/her to possess or carry a concealed firearm, he/she would be entitled to carry a concealed firearm, pursuant to his/her license/permit, in any state that allows residents of that state to obtain licenses or permits to carry concealed firearms or in a state that does not prohibit the carrying of concealed firearms by residents of that state for lawful purposes. Additionally, the same protections are afforded to a resident of a state where he/she is entitled to carry a firearm absent a license or permit. (This provision is of questionable benefit, since, to my knowledge, all states that have gone to “constitutional carry” still have a mechanism for an individual to obtain a license/permit for purposes of reciprocity). It should be noted that both machineguns and destructive devices are exempt from carrying, pursuant to this bill; however, short barreled rifles/shotguns and Any Other Weapons would seemingly be permitted, since not excluded. Furthermore, all the laws and regulations of the state the individual is in would apply; hence, if a particular state’s laws precluded hollow-point bullets, one could not carry hollow-point bullets in that state, pursuant to this bill.

House of Representatives Bill 402, introduced by U.S. Representative Rich Nugent (R-Fla.) currently has 93 cosponsors. This bill is almost identical to S.B. 498 and H.R. 923 but lacks the inclusion of non-licensed residents of states where the individual is entitled to carry a firearm absent a license or permit. (See above for the questionable benefit of this provision).

And, saving the best for last, House of Representatives Bill 986, introduced by U.S. Representative Richard Hudson (R-N.C.), currently has 183 cosponsors. Similar to H.R. 402, it lacks a provision including non-licensed residents of states where the individual is entitled to carry a firearm absent a license or permit. (See above for the questionable benefit of this provision). Additionally, unlike the other bills, H.R. 986 supersedes state law seemingly in all respects, except for state laws which “permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property” and “prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.”

And if that wasn’t enough to sell you on H.R. 986, it also provides for (1) immunity from prosecution “unless there is probable cause to believe that the person is doing so in a manner not provided for by this section”; (2) the individual’s right to attorney fees, where he/she is prosecuted unsuccessfully; (3) a civil cause of action against any state or political subdivision that deprives an individual of their rights under this bill, where the individual is entitled to damages and attorney fees.

While I support H.R. 986, I have some general concerns about national reciprocity in general, especially in determining, whose laws apply. As I see it, there are five options:

  1. The laws of individual’s state of residence apply. This is extremely problematic as it would require that law enforcement know the 50 states’ laws, when they typically do not even know the laws of the state in which they are employed.
  2. The laws of state the individual is in apply. This has generally been toted as the most practical; however, how is a resident of another state suppose to determine what is lawful and unlawful? I frequently spend 4+ hrs during firearms law seminars just going over Pennsylvania’s law. I cannot fathom how any lay person could possibly comprehend, absent competent legal advice, most states’ laws regarding the carrying and possession of loaded firearms. This, in essence, is no different than requiring that a law enforcement officer know 50 different states’ laws; however, at least the law enforcement officer has training in reading and interpreting the laws.
  3. Hybrid of 1 and 2. My own personal opinion of the best option that is likely (e.g. absent 5 applying) is for each state to be required to make an easily comprehensible guide to their concealed carry laws, where if an individual reasonably relies on the information in the guide to his/her detriment, he/she is immune from prosecution.
  4. Federal law dictates the permitted conduct, such as, an individual carrying pursuant to national reciprocity is restricted to ten rounds, only full metal jacket,…etc. The problem, for me, with this approach is that this would encroach upon states’ rights. While the U.S Government has encroached upon states’ rights for decades, seemingly erasing the 10th Amendment, I have never nor can I support further erosion of the Constitution.
  5. The 2nd Amendment applies! Clearly, if all state laws regulating the possession and carrying of firearms are unconstitutional pursuant to the 2nd Amendment, then there is no erosion of the 10th Amendment, since the states cannot restrict an inalienable right. Unfortunately, most court decisions are not supportive of this position; however, it appears to (largely) be the outcome sought through H.R. 986.

Also, I must note that I have a problem with all of the bills in that they require photographic identification. As our readers are likely aware, I recently filed suit against the U.S. Government for denying my client the right to purchase a firearm because his religious beliefs preclude him from having his photo taken. As none of us are born with photo identification and all states have a mechanism in place for an individual to obtain, for the first time, photographic identification, any law should permit individuals with sincerely held religious beliefs to prove their identity no differently than that required for an individual to prove his/her identity for the first time to obtain photographic identification.

Let us know your thoughts on national reciprocity, which bill you support and why!

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Did Attorney General Kane Mislead the General Assembly and Fail in Her Statutory Duty?

As many of you are aware, I previously blogged on Attorney General Kathleen Kane’s 2013-2014 Annual Firearms Reciprocity Report, which the Attorney General is required, by law, to complete annually and submit to the General Assembly. Based on information I recently obtained, it is now questionable whether AG Kane purposely left out information from her report and failed in her statutory duty to enter into a reciprocity agreement with Idaho.

Pursuant to 18 Pa.C.S. § 6109(k)(2), the Attorney General is statutorily required to provide the General Assembly with an annual report regarding the reciprocal status with other states. Further, pursuant to 18 Pa.C.S. § 6109(k)(1),

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. (Emphasis Added)

On July 1, 2014, Stephanie Altig, Deputy Attorney General of Idaho, sent a letter to Attorney General Kane requesting the establishment of a reciprocity agreement. Attorney General Kane, without any explanation, declared that “upon review of Idaho’s relevant statutory provisions, we have determined that at this time, Pennsylvania is unable to enter into a reciprocal agreement with Idaho.” You can download a complete copy of the response here.

AG Response to IdahoAttorney General Kane’s refusal to explain why a reciprocal agreement is not possible is extremely disconcerting given that Idaho’s Enhanced Concealed Carry Licensing requirements far exceed the Commonwealth’s requirements for a license to carry firearms. As a result, Deputy Attorney General Altig sent a follow up letter of August 19, 2014 to Pennsylvania Chief Deputy Attorney General Robert Mulle, inquiring as to why a reciprocal agreement was not possible, based on the enhanced requirements. To this day, neither Attorney General Kane nor Chief Deputy Mulle has responded to the letter.

In reviewing the 2013-2014 Firearm Reciprocity Report, Attorney General Kane fails to inform the General Assembly of Idaho’s inquiry. In fact, Idaho is not listed or specified anywhere in the report. Was this an attempt to hide this information or otherwise mislead the General Assembly?

As it appears that Attorney General Kane shirked her duty to enter into a reciprocity agreement with Idaho, as required by Section 6109(k)(1), she may have committed the highest level misdemeanor crime that we have in the Commonwealth, as a violation of Section 6109(k)(1) is a misdemeanor of the 1st degree, pursuant to Section 6119, which can be punished up to 5 years in jail.

It will be interesting to see how the Attorney General responds to inquiries regarding her failure to disclose the communications with Idaho to the General Assembly, as well as, the breach of her duty to enter into a reciprocal agreement with Idaho.

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