Is there reciprocal carry under 6109 or only under 6106(b)?

**MDJschool** · May 3rd, 2011, 07:40 AM

18 Pa.C.S. 6106 states that "any person who carries a firearm . . . without a valid and lawfully issued license under this chapter commits a felony of the third degree." (emphasis added.) An exception under 6106(b)(15) states that "Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided: (i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109. (ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.". 18 Pa.C.S. 6109(a) provides that "A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth." 6109(k) provides that "(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."

So does someone who has a license from a state with which we have formal reciprocity carry under 6109 because of the powers provided to the AG therein, or does he carry under 6106(b)(15)? The wording of it all seems indescript. What would the difference mean in the course of the prosecution process?

6106(b)(15) seems to dismiss formal reciprocity as already taken care of when it adds extra requirements to proving informal reciprocity. Has the AG actually determined if the laws of any states are similar enough to ours?

So is a formal reciprocated license a displaced exception to 6106, or does it make for an element of the offense? If licensees are provided for by application to pennsylvania, or to another state of formal reciprocity as provided for through the AG, does that mean the onus of disproving the lawfulness of issue, and the validity of the license, for both PA LTCFs and the licenses of other states is on the DA, beyond a reasonable doubt?

Of course Com. v. Woods, 638 A.2d 1013 (Pa.Super. 1994) makes a consistent understanding all the more troublesome (and some of the very same excuses used by the court to reduce the burden on DAs in Woods based on UFA changes should require a returning burden because of changes to the UFA since Woods.)

A question where Woods bound might be: if a defendant produces a license from a state of formal reciprocity, must the state then prove beyond a reasonable doubt its invalidity or lack of lawful issue?

**angus** · May 3rd, 2011, 07:08 PM

I gotta ask you: Why does your signature say that you are not read in law, when you obviously read law all of the time?

**anonymouse** · May 3rd, 2011, 07:34 PM

I'm going to guess it has something to do with this?

http://en.wikipedia.org/wiki/Reading_law

**angus** · May 3rd, 2011, 07:42 PM

Originally Posted by anonymouse

I'm going to guess it has something to do with this?

http://en.wikipedia.org/wiki/Reading_law

Ah! Thanks. Sorry to take this off-topic so fast, MDJ. It's a good question and I was always confused by that section as well.

**mrjam2jab** · May 3rd, 2011, 08:14 PM

(15)i to me reads that PA will honor any state's permit that honors the PA LTCF.

(15)ii....should just be eliminated....

the PA AG's recip page touches on this...

Category 2: States that have statutory reciprocity under 6106(b)(15) of the Uniform Firearms Act.

The following states have been granted statutory reciprocity without a formal written agreement under 6106(b)(15), based on the determination of the Attorney General that the other state has granted reciprocity to Pennsylvania license holders, and that the other state's laws governing firearms are similar.

Colorado
Idaho
Indiana
Louisiana
Montana
North Dakota
Utah