Friday, February 8, 2013

Pennsylvania Attorney General Closes "Florida Loophole"

Pennsylvania Attorney General Kane (a democrat) has entered into a NEW reciprocity agreement with Florida, thus fulfilling her promise to "close the Florida loophole."  The new agreement specifically requires that requires the holder of a Pennsylvania or Florida permit also have a carry permit from their home state, in order for reciprocity to apply.

Although, by state law, the attorney general is not allowed to modify the terms of a reciprocity agreement, she essentially used a loophole to close a "loophole."

What this means:
  • Those without a Pennsylvania carry permit have until June 8th, 2013 to apply for and receive a permit from their state of residence.  After that date, any FL non-resident permits will not be honored if the person that carries it does not have a permit to carry concealed from their state of residence.  
  • Conversely Pennsylvania non-resident permits are no longer valid in FL, unless the permit holder also has a carry permit from his or her own home state. 
  • If your state of residence will not issue you a carry permit (like New Jersey), they you are shit-outta-luck in Pennsylvania, at least with a Florida non-resident permit.  The June 8th provision only counts for PA residents.
Why does it even matter? - Although Pennsylvania is a "shall-issue" state, under Pennsylvania law, as a "city of the first class," Philadelphia is essentially allowed to be a "may issue" city, and can legally deny applications for carry permits.  The previous attorney general Tom Corbett (now governor) allowed Pennsylvania residents to carry concealed handguns in the state with a Florida non-resident permit, even if they could not get a PA carry permit.

Furthermore, Pennsylvania does not have reciprocity agreements with the bordering states of Ohio and Delaware.  Delaware does not issue non-resident permits at all, and Ohio will only issue you a permit if you have been an Ohio resident for more than 45 days (not necessarily the same thing).  Previously, the Florida non-resident permit was a one-shop-stop, but now you'll need at least two carry permits if you leave the state and go into Delaware or Ohio. Florida also has reciprocity agreements with 3 more states than Pennsylvania.

The reason for the change?  As far as I can tell, the only purpose is to harass law-abiding gun owners.

The United States is not so united when it comes to carrying, or even transporting a firearm.  What's legal on one side of a state border may be completely legal, while it may a felony on the other side of the border.

No comments: