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February 15th, 2017, 05:28 PM #11
Re: Delaware reciprocity. This is something people going into Delaware need to be aw
I just sent the following email. Hopefully they will respond soon.
Hello, My name is Internet Troll and I am a resident of Pa who travels into Delaware about once a week to go to various restaurants. I have both a Pa and Utah concealed carry permit and conceal carry a firearm under the Utah permit.
I was reading your website today looking at the page about reciprocity. I saw this statement on the page.
"As of September 23, 2017 Delaware will no longer honor non-resident Concealed Carry Permits issued by any jurisdiction."
I wanted to confirm this as it seems out of line with other statements on the page. Will my Utah permit no longer be valid come September? Any information and clarification would be appreciated.
Thank you,
Internet Troll
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February 15th, 2017, 05:30 PM #12Junior Member
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Re: Delaware reciprocity. This is something people going into Delaware need to be aw
Right, I believe this is the reasonable way of reading the changes- no recognition of non-resident licenses after September 23. As I state above, however, I do not believe the AG can lawfully make this distinction.
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February 15th, 2017, 05:49 PM #13
Re: Delaware reciprocity. This is something people going into Delaware need to be aw
Sed ego sum homo indomitus
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February 15th, 2017, 05:49 PM #14
Re: Delaware reciprocity. This is something people going into Delaware need to be aw
We went through a similar thing here when Kathleen Kane became the AG of PA, changed a few reciprocal agreements to read resident only, not all like DE is going to do, just a few popular ones that PA people not wanting to deal the hoops the local Sheriff put in place.
Everything avalible to read at the time suggested she only had the power and duty to make new agreements. The only thing in law, IIRC, was that the PA AG would review agreements from time to time to be sure the reciprocated states laws were similar to ours. The fact that she didn't do away with the states altogether and just changed who holding that states license was allowed was questioned, but never got any traction. The agreements she changed, remain in effect today.
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February 15th, 2017, 05:54 PM #15
Re: Delaware reciprocity. This is something people going into Delaware need to be aw
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February 15th, 2017, 06:39 PM #16
Re: Delaware reciprocity. This is something people going into Delaware need to be aw
Open carry, problem solved.
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February 15th, 2017, 07:03 PM #17Junior Member
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Re: Delaware reciprocity. This is something people going into Delaware need to be aw
I was following what happened in PA (as someone who carried on a resident VA license in PA, i had an interest). The situation in Delaware is a bit different however, as the Delaware statute, 1441(j) expressly requires that:
" the State of Delaware shall give full faith and credit and shall otherwise honor and give full force and effect to all licenses/permits issued to the citizens of other states where those issuing states also give full faith and credit and otherwise honor the licenses issued by the State of Delaware pursuant to this section and where those licenses/permits are issued by authority pursuant to state law and which afford a reasonably similar degree of protection as is provided by licensure in Delaware."
Here, the statue requires that "all" the license issues to the citizens of other states be given full faith and credit. This is a simple matter of straightforward statutory construction. As a lawyer, I construct statutes every day, and this is the only way to logically read it.
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February 15th, 2017, 07:53 PM #18
Re: Delaware reciprocity. This is something people going into Delaware need to be aw
The word "all" is missing from our statute but it pretty much reads the same yet Kane was able to alter a few agreements to say residents of the issuing state only. I'm not a lawyer but it seems to me she wasn't able to do so yet the legislature allowed it to happen and even though she's gone those agreements remain as altered by her.
I don't know why DE is going this route, Kane did it to close what she saw as a loophole for PA residents holding a non resident reciprocal license while not having a PA LTCF. Unfortunately non PA folks holding a PA reciprocated non resident license got screwed as well.
Title 18 Pa.C.S. § 6109
(k) Reciprocity.--(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.
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February 15th, 2017, 08:13 PM #19Active Member
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Re: Delaware reciprocity. This is something people going into Delaware need to be aw
I just sent an email to the Delaware Attorney General respectfully requesting clarification on this update. I'll keep you all posted.
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February 15th, 2017, 08:50 PM #20
Re: Delaware reciprocity. This is something people going into Delaware need to be aw
INTERESTING .... I just went to the page linked in the OP again and the line
“As of September 23, 2017 Delaware will no longer honor non-resident Concealed Carry Permits issued by any jurisdiction.”
Last edited by soberbyker; February 15th, 2017 at 08:53 PM.
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