Right To Know request regarding reciprocity

[kcr121]

Title 18, section 6109, subsection (k) of the Pennsylvania Consolidated Statutes states the following:

(Bold/underlining added by me for emphasis)

18 PA C.S. §6109: Licenses

(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.

In addition, Title 18, section 6109, subsection (m) of the Pennsylvania Consolidated Statutes states the following:

(Again, bold/underlining added by me for emphasis)

18 PA C.S. §6109: Licenses

(m) Inquiries.--

(1) The Attorney General shall, not later than one year after the effective date of this subsection and not less than once annually, contact in writing the appropriate authorities in any other state which does not have a current reciprocity agreement with the Commonwealth to determine if:

(i) the state will negotiate a reciprocity agreement;

(ii) a licensee may carry a concealed firearm in the state; or

(iii) a licensee may apply for a license or permit to carry a firearm issued by the state.

(2) The Attorney General shall maintain a current list of those states which have a reciprocity agreement with the Commonwealth, those states which allow licensees to carry a concealed firearm and those states which allow licensees to apply for a license or permit to carry a firearm. This list shall be posted on the Internet, provided to the Pennsylvania State Police and made available to the public upon request.

I'm putting together a Right To Know request for any and all records from the Pennsylvania Attorney General's office since 1995, when Pennsylvania became a shall-issue state, regarding reciprocity requests or negotiations with the states that currently do not recognize Pennsylvania's License to Carry Firearms. Additionally, I'm requesting any records regarding the Attorney General's required annual reports to the Pennsylvania General Assembly concerning reciprocity agreements.

I'll send the letter via Certified Mail over the weekend, and any updates or correspondence that I receive will be posted in this thread.

[rkrcpa]

To what end? What are you trying to determine?

[kcr121]

To what end? What are you trying to determine?

I'm trying to determine if the Attorney General's office has been been meeting its legal duty to expand (or at least attempt to expand) recognition of Pennsylvania's LTCF through reciprocity agreements. By law, the Attorney General is required to annually contact, in writing, each state that does not recognize it to "determine if the state will negotiate a reciprocity agreement."

My gut feeling is that they haven't been fulfilling this obligation, and I'd like to obtain any records (more specifically, the lack of records) that confirm that. If it is the case, then we can place pressure upon the Attorney General's office and our elected representatives to meet the expectations that are statutorily defined in §6109.

[chivvalry]

I like it. It will at least ensure that the AG is aware someone is checking up on their compliance with the law.

[soberbyker]

I sent them a note about changing Iowa from category 5 to category 3 on the reciprocal list. No word back yet.

.

[freesoul]

Good job, I assume you researched the RTK law including fees

The fee for a standard 8 1/2 x 11 black and white document is 10 cents to 25 cents per page.

Postage fees may not exceed the actual cost of mailing.
If an Agency offers enhanced electronic access it can establish user fees that must be approved by the Office of Open Records.
An Agency cannot charge for the time it takes to redact a document or the legal review needed to determine if a document is a public record.
An Agency may require pre-payment if the fees are expected to exceed $100.
http://openrecords.state.pa.us/porta...9_guide/487947

[kcr121]

Good job, I assume you researched the RTK law including fees

The fee for a standard 8 1/2 x 11 black and white document is 10 cents to 25 cents per page.

Postage fees may not exceed the actual cost of mailing.
If an Agency offers enhanced electronic access it can establish user fees that must be approved by the Office of Open Records.
An Agency cannot charge for the time it takes to redact a document or the legal review needed to determine if a document is a public record.
An Agency may require pre-payment if the fees are expected to exceed $100.
http://openrecords.state.pa.us/porta...9_guide/487947

Yes, I'm aware of the fees. The PA Attorney General's office charges $0.20 per sheet, or $5.00 to transfer electronic records to a CD. I've decided to keep costs down (at least, initially) by requesting only documents between the AG's office and the appropriate authorities of New York, New Jersey, Delaware, Maryland, and Ohio (PA's bordering states that do not recognize our LTCF) since January 1, 2006.

The request is in the mail.

[knight0334]

Yes, I'm aware of the fees. The PA Attorney General's office charges $0.20 per sheet, or $5.00 to transfer electronic records to a CD. I've decided to keep costs down (at least, initially) by requesting only documents between the AG's office and the appropriate authorities of New York, New Jersey, Delaware, Maryland, and Ohio (PA's bordering states that do not recognize our LTCF) since January 1, 2006.

The request is in the mail.

For those 5 states it'd just be a waste of time and money researching, especially for the ones in bold - those states have no provision for reciprocal agreements. OH and DE hinge on PA's requirements for issuance(lack of prints and/or training).

Had the AG contacted or didn't contact those states makes no difference because an agreement will never happen with those 5 states until those states change their laws. I will be first in line to argue against changing PA's laws to increase the requirements of issuance just to get an agreement with another state.

[kcr121]

For those 5 states it'd just be a waste of time and money researching, especially for the ones in bold - those states have no provision for reciprocal agreements. OH and DE hinge on PA's requirements for issuance(lack of prints and/or training).

Had the AG contacted or didn't contact those states makes no difference because an agreement will never happen with those 5 states until those states change their laws.

Those 5 states are a starting point. If the implication from the records is that the AG's office is not contacting them in writing annually, I'll request more documents. As I mentioned, I requested only the bordering states initially to keep costs down.

My primary goal in the effort is not to expand reciprocity; it's to hold the Office of the Attorney General accountable and make sure that it is aware of its duties. I don't expect any additional reciprocity with or recognition of the Pennsylvania LTCF because of what I'm doing here.

I will be first in line to argue against changing PA's laws to increase the requirements of issuance just to get an agreement with another state.

Agreed.

[mrjam2jab]

I sent them a note about changing Iowa from category 5 to category 3 on the reciprocal list. No word back yet.

.

I did the same...in July back when the Law was signed and then again in January when the law went into effect.

Although, I suggested Class 2...since there are no states listed in Class 3.

I too have heard nothing.