I don’t have a story to link to here, but it appears that Kathleen Kane’s office has quietly dumped our reciprocity agreement with the State of Utah. You will notice it is absent on the AG site, and if you look at handgun law.us, it notes at the bottom that as of yesterday, “Pennsylvania NO Longer Honors Utah.” That she would do this quietly is unconscionable, because it makes it far more likely someone is going to end up in prison because they were unaware of the reciprocity change. This isn’t the first reciprocity agreement she has revoked. On July 29th of last year, the same day that Pennsylvania gained statutory reciprocity with Kansas, she rescinded our reciprocity agreement with Idaho.
The Attorney General’s office, under state law, has an duty to sign reciprocity agreements in 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. 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.
(2) The 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.
I’d argue that concurrent with that duty is not to exit reciprocity agreements that have been negotiated under this subsection. I’d note that Pennsylvanians can still carry in Utah and Idaho, because those states honor any other state permit. But residents of Utah and Idaho may no longer lawfully carry in Pennsylvania. For residents of those states, I’m very sorry, but elections have consequences, and when we elect a Bloomberg-bought Attorney General, these are the wages.
I’d really like to see NRA put some legislative muscle into fixing this problem. First suggestion would be to blow up 6106(b)(15)(ii):
(15) Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:
(i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.
(ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.
And by clarifying 6109(k) to make clear that the Attorney General may not revise or rescind existing agreements unless the reciprocal state requests it, or there has been a change in the reciprocal state’s statutory law. Most importantly, I think we all need to work to make sure Kathleen Kane becomes a one-term Attorney General.
UPDATE: Here’s a copy of the letter sent to Utah. I thought she had tweaked all the agreements with states that issued to non-residents so that PA would not recognize non-resident permits? Why suddenly get rid of the whole thing? Also, Superior Court has already ruled that PA residents must have a PA LTC to carry in PA. This is just a way to screw us and to please her patron Bloomberg, if you ask me.
34 Responses to “Kathleen Kane Rescinds Utah Reciprocity”
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