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Challenging Reciprocity Agreements

I think there’s been little court play for reciprocity agreements in Pennsylvania.  This letter from the Attorney General’s office would indicate that some law enforcement in the state, including the Pennsylvania State Police, is challenging the notion that people can carry on out-of-state non-resident permits.  The AG’s office is merely saying here that the decision to prosecute is left to the discretion of the local district attorney.

The letter specifically mentions New Hampshire.   Here is our agreement with New Hampshire.

The Commonwealth of Pennsylvania will recognize valid New Hampshire permits to carry concealed firearms by valid permit holders while said permit holders are present in the Commonwealth of Pennsylvania.

This agreement is authorized under the Uniform Firearms Act.    §6109.3k:

(k) Reciprocity.–The Attorney General may enter into reciprocity agreements with other states providing for the mutual recognition of each state’s license to carry a firearm.

Given the wording in these agreements, it would seem to me there can be no reasonable reading that would exclude non-resident license holders from other states.   Now, that said, the police are still free to arrest you, and the District Attorney is still free to prosecute you, because government officials can be assholes.   But I wouldn’t let that stop you from carrying.

More later…

via SayUncle and OhioCCW

2 Responses to “Challenging Reciprocity Agreements”

  1. Ken Cormack says:

    The following is for Sebastian…

    In the very reciprocity agreement you link to, between PA and NH, you quote the part that said that PA would recognize valid NH permits. But what you missed in the agreement, is, I feel, critical to the discussion.

    And I quote:

    “WHEREAS, the purpose of this Reciprocity Agreement is to extend reciprocal concealed firearm carry
    permit/license privileges to the citizens of the State of New Hampshire and the Commonwealth of
    Pennsylvania,…”

    Notice it says “citizens of the State of New Hampshire.” That seems to exclude non-residents (those who, though they carry a NH permit, are not “citizens of the State of New Hampshire.”)

    Ken

  2. Sebastian says:

    So does that also mean that I have to join a well regulated militia before I can exercise my right to bear arms? The reason they gave matters little. What matter is what they said when they drafted the agreement, which doesn’t say anything about not recognizing non-resident licenses.

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