Is it true that Philly passed a law that they won't honor non-resident CCLs???

[Tmygun]

I spent all that time getting everything together and spending $117.00 for a FL CCL and now I hear this. What happens if I'm stopped in Phila with the FL license??? I went through all this headache getting a FL license because I didn't want my neighbors in my business with the stupid two references needed for a Phila CCL. Now it turns out I may have to.
Any input on this?
Thanks.

Tmygun

BTW: It's two weeks since I've sent my application for the FL license. I guess I have up to 10 more weeks to wait:-(

[God's Country]

Yes Philly passed an ordinance.
No they can't enforce it.
Yes you can sue the fuck out of them if they try.

Be aware that Philly is full of anti scumbags that feel breaking state law is lawful.

Arm yourself with the truth

TITLE 18
PA CRIMES CODES

§6120. Limitation on the Regulation of Firearms and Ammunition.
(a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammuni¬tion components when carried or transported for purposes not prohibited by the laws of this commonwealth.



§6109. Licenses.



(k) Reciprocity.-The attorney general may enter into reciprocity agreements with other states providing for the mutual recognition of each state's license to carry a firearm.


From the PA AG:

Firearm Reciprocity Agreements
In 1995, the Pennsylvania General Assembly gave the Attorney General the authority to enter into reciprocity agreements with other states.
The Commonwealth of Pennsylvania currently has formal written reciprocity agreements with fourteen states that recognize a valid license to carry firearms issued by Pennsylvania. Conversely, Pennsylvania recognizes valid firearm carry licenses/permits from those states. In addition to the 14 formal agreements, other forms of reciprocity are applicable.

Carrying Firearms in Pennsylvania - Frequently asked questions (by the Pennsylvania State Police)
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.
Categories of Firearms Reciprocity
Under Pennsylvania law, there are six categories of firearms reciprocity status.
Category 1: States that have entered into written reciprocity agreements with Pennsylvania. (Title 18 Pa.C.S.A. § 6109(k))
The following states have entered into formal written reciprocity agreements with Pennsylvania under section 6109(k) of the Uniform Firearms Act. These agreements provide for reciprocal recognition of valid licenses/permits issued by both states. Recognition in Pennsylvania is based on the individual's issuance of a valid license/permit by the reciprocal contracting state, and not on the license/permit holder's place of residence.
A list of these states and links to their firearms laws is provided below, along with the text of the agreements:

•Florida

[soberbyker]

Yes it's true, yes you could possibly be harassed, HOWEVER, state law supersedes Philly and says you're good to go with a reciprocal state license/permit.

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.

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

[streaker69]

Yes, the city council passed the law. Yes it's an illegal law as it violates the UFA. Legally they are required to recognize your FL license. Go forward with getting it carry. If you get busted because of it, sue them for violating the UFA.

[mrjam2jab]

BTW: It's two weeks since I've sent my application for the FL license. I guess I have up to 10 more weeks to wait:-(

Since others answered your question...I'd just like to say...

See...had you gone with AZ instead you'd have it in hand already.

[Signmaker]

rant

I am aware that I am young, and may not have the best understanding of the world. Some may say I'm even a little idealistic. But in my warped little sense of reality, I seem to cling to this odd notion. That is, if a person commits and action in violation of a law, and there are witnesses to this act, and even signatures, video, etc, as valid proof of the infraction, that individual gets charged with a crime.

There are criminals in Philadelphia.

/rant

[mrjam2jab]

BTW: Would AZ accept my hunters education card as sufficient to satisfy their gun handling training??? That's what I sent with my FL application. If so, maybe I should get an AZ permit also. Not that I'm in a big hurry, I just think it couldn't hurt to have more than one CCL

Tmygun

Yes they do. Quite a few of us have several permits.

[t1m0thy]

Not only are they violating the law there are two provisions within the law that qualify their actions as misdemeanor crimes.

First is Title 18 Chapter 53:

§ 5301. Official oppression.
A person acting or purporting to act in an official capacity
or taking advantage of such actual or purported capacity commits
a misdemeanor of the second degree if, knowing that his conduct
is illegal, he:
(1) subjects another to arrest, detention, search,
seizure, mistreatment, dispossession, assessment, lien or
other infringement of personal or property rights; or
(2) denies or impedes another in the exercise or
enjoyment of any right, privilege, power or immunity.

Second is the violation penalty in the UFA:

§ 6119. Violation penalty.
Except as otherwise specifically provided, an offense under
this subchapter constitutes a misdemeanor of the first degree.

The first is a second degree misdemeanor punishable by up to to 2 years in prison and the other is a first degree misdemeanor punishable by up to 5 years in prison.

Nice to know public officials are above the law isn't it? When is the last time you got away with a misdemeanor?

The kicker is that under Dillon's Rule the city council of Philadelphia and its mayor have effectively nullified their qualified immunity by passing this in direct violation of state law with knowledge that they are doing so, which means that if anyone is arrested under this law and their rights are violated, every single member of council and the mayor are individually liable in civil court for their actions under law.

[t1m0thy]

In addition, they can also face charges in Federal Court under title 18, part 1, chapter 13 of the U.S. Code if they enforce this ordinance:

§ 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

[streaker69]

The kicker is that under Dillon's Rule the city council of Philadelphia and its mayor have effectively nullified their qualified immunity by passing this in direct violation of state law with knowledge that they are doing so, which means that if anyone is arrested under this law and their rights are violated, every single member of council and the mayor are individually liable in civil court for their actions under law.

Question: Since we all know they like to play the "drop the charges before court" game so you have no standing and the law doesn't get challenged and shot down. Does that mean if it were to happen, you could still sue civilly and have standing?