After doing a bit of research with the Wayback Machine, and reading over the letter Kane’s office sent to her counterpart in Utah, it looks like Kane actually revoked statutory recognition, rather than altering a reciprocity agreement. There are two ways to grant reciprocity under Pennsylvania law, the first is by formal agreement with the reciprocal state, and the second is by any state that both recognizes our LTC, and that “[t]he Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.”
Tom Corbett, who is now Governor, determined that both Idaho and Utah’s laws were substantially similar, and granted both Utah and Idaho statutory recognition. Along comes Bloomberg’s bought-and-paid-for Attorney General, Kathleen Kane, and without any change in either statesÂ law, she decided that because they issued to non-residents, they were not similar. It should be noted that Pennsylvania issues to non-residents as well, so this should not be a reason to deny statutory recognition underÂ 18 Pa.C.S. 6106(b)(15). I would argue that the statute in question does not offer the Attorney General the power to deny or rescindÂ recognition merely because she disagrees with policy, but requires her to articulate where the incompatibility lies.
The question then is, would this be actionable in court? I’d argue that she simply does not have any power, absent a change in the reciprocal state’s law, to rescind statutory reciprocity with another state merely over a political beef with the existing recognition? If this is not actionable in Court, then 18 Pa.C.S. 6106(b)(15) is essentially meaningless. In that case, we should remove the Attorney General’s discretion, and offer blanket recognition to any state that recognizes us, or even better, just recognize permits from any other state by statute.