CCW Reciprocity for NON-RES permits.

[Mikey]

If you read the agreement between Penn and NH it does not state that NON-RES NH permits are accepted, nor does it say that they are not, but it says things like this:

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,

But everywhere I go online it says that my NON-RES NH permit is good there and in other states as well. PENN is easy enough to get an LTC in so I will just go ahead and get one, but does anyone have experience using a NH NON-RES permit in another state.


http://www.attorneygeneral.gov/uploadedFiles/Crime/NH_Recip_Agreemt.pdf

 

[RKG]

As a matter of statutory construction, you may ignore the "whereas" clause and focus on the operative provisions. Here, the operative provision of interest is section 1, which reads as follows:

"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."

Since the proclamation does not restrict "permit holders" to "resident permit holders," or the beneficiaries to "residents of New Hampshire," the proclamation would provide a complete defense to an unlawful carrying charge in Pennsylvania.

 

[Mikey]

Thanks RKG,

Is it "safe" to assume that if an agreement between two states does not specifically call out "residents only" that a NON-RES permit is okay or at least provides a complete defense?

 

[Len-2A Training]

Problem is that the PA State Police has taken a contrarian stance in policy and thus ordered their Troopers to arrest and prosecute those with NR licenses from various states. Thus the shit-storm that was well documented on numerous forums.

The PA AG staunchly supports the law as written (and as RKG stated).

Thus the dilemma!

 

[drgrant]

Problem is that the PA State Police has taken a contrarian stance in policy and thus ordered their Troopers to arrest and prosecute those with NR licenses from various states. Thus the shit-storm that was well documented on numerous forums.

The PA AG staunchly supports the law as written (and as RKG stated).

Thus the dilemma!

In that case, it'd be useful to find a PDF/copy of a letter from the AG stating
the interpreted law as such, etc.... and perhaps print it out and carry it around with
you if you are traveling in PA.

Would be nice if places like packing, etc, actually printed out letterhead
reciprocity agreements (or sections of law) for folks to print out to have
with them when traveling.

Edit: Of course, I realize there are limits to this... eg, a printout of FOPA has
been known to "not work very well" if the individuals who've arrested the carrier
decide to disobey the law. (like those thugs did @ newark and in NYC)


-Mike

 

[Mikey]

Here we go, I did not see this earlier....

http://www.attorneygeneral.gov/crime.aspx?id=184

Note: It has come to the attention of the Office of Attorney General that there has been confusion over the applicability of Pennsylvania's reciprocal privileges with regard to the residency status of an individual who has been issued a valid license/permit. It is the position of the Office of Attorney General that recognition within Pennsylvania is based on the issuance to an individual of a valid license/permit by the reciprocal contracting state, and not on the license/permit holder's place of residence.

So it should be okay as far as the PENN AG is concerned.

 

[RKG]

Thanks RKG,

Is it "safe" to assume that if an agreement between two states does not specifically call out "residents only" that a NON-RES permit is okay or at least provides a complete defense?

I wouldn't go so far without reading the actual text of any particular agreement.

 

[vellnueve]

The text of the agreement is available at www.attorneygeneral.gov (PA AG's site)

Basically, it appears the AG bases it on the state that issued the license, not the state of residence. But always use caution, one state trooper with an attitude can ruin your day.