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Thread: Live in NJ how to carry in PA?
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November 20th, 2013, 01:30 AM #21
Re: Live in NJ how to carry in PA?
I am in the same boat. I have a Florida permit which has now been made invalid in PA. But I am a little better off since I have a residence in both states. All I need to do to transfer residency is state my desire to be a PA resident and get a PA driver's license. All that is stopping me is the tax exemption on profits from sale of my primary residence. The law says that you have to live in a house for 3 of the previous 5 years so if I move I would have to sell the NJ house within 2 years. I'd have sold it already but I have been waiting for the economy to improve. Sadly, Obama has declined to help with that. I realize I may have to sell quickly if they strip that "loophole" from the tax code.
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November 20th, 2013, 11:38 AM #22
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November 20th, 2013, 12:45 PM #23
Re: Live in NJ how to carry in PA?
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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November 20th, 2013, 01:23 PM #24
Re: Live in NJ how to carry in PA?
I think the 'roll-over', 'deferred tax' rule was replaced in 1997 with the current capital gains exclusion on sale primary residence.
You must have owned and lived in the house for 2 years (not 3 as Coops reported) of the 5 year period before sale.
In general up to $250k of PROFIT is exempt for single individuals and $500k of PROFIT for married couples. If the PROFIT is less than the applicable of those amounts then there is no tax on the home sale profit (unless during the 2-year period ending on the date of the sale, you excluded gain from the sale of another home).IANAL
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November 20th, 2013, 02:38 PM #25
Re: Live in NJ how to carry in PA?
While that's a nice thought, the real reason a person from NJ can get a Utah CFP is because NJ does not recognize the Utah CFP (or any others).
NON-RESIDENT PROOF OF PERMIT
If you reside in a state that recognizes the validity of the Utah CFP or has reciprocity with Utah, you must obtain a CFP or CCW from your home state and submit a copy of it with your application for a Utah permit. For a list of reciprocal states visit: http://www.publicsafety.utah.gov/bci/FAQother.html Residency will be determined by your state-issued identification. If your state does not recognize the Utah permit this does not apply.
http://publicsafety.utah.gov/bci/doc...pp0313_000.pdf
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November 20th, 2013, 03:39 PM #26Member
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Re: Live in NJ how to carry in PA?
Okay, you guys now have me confused..?? My impression was that the recent rulings made by Attorney General Kane was for PENNSYLVANIA RESIDENTS ONLY. Being a PA resident, I can not carry (meaning CC, OC in Philly, carry in/on a vehicle, etc) in PA if I ONLY have a Utah or FL, or VA, etc., license. As a PA resident, I MUST have a PA license to carry in PA.
According to what I think some of the posts here are saying is a resident from NJ CANNOT carry in PA with a FL permit. That to me is INCORRECT. A resident of ANY OTHER state, with a FL permit (or any other state permit recognized by PA), would be allowed to carry in PA.
IF you are saying a resident of NJ with a FL license cannot carry in PA because they cannot LEGALLY get to PA on that said license to LEGALLY carry in PA, then I will agree.
So the problem therefore lies with NJ laws, NOT with what AG Kane has ruled.
EDITED for corrections:
Please see the links in the next posts for corrections to this:
Only Florida residents can use Florida licenses to carry in PA, only Arizona residents can use Arizona licenses, only Virginia residents can use Virginia licenses. A Utah license can still be used (for now) in PA by a resident of any state (and I assume that includes PA residents) to carry in PA. The OP would be legal to carry in PA ONLY with a Utah license (not even with a NJ license if he was lucky enough to have one). HOWEVER, the OP STILL has the problem of legally getting to PA from NJ to be able to carry with a Utah license.
This is, to me, what problems we would have in Pennsylvania if we ever lost, or did not have, pre-emption. There would be so many laws/ordinances/rules in each and every large and little town/city/borough/township/county, no one could carry for fear of breaking any one of these laws. It is also one of the reasons we need to have a National Carry permit.....
Thanks soberbyker & ungawaLast edited by PRRFan; November 20th, 2013 at 04:55 PM. Reason: Corrections
Everyone has the right to be an asshole....unfortunately some people abuse that right.
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November 20th, 2013, 03:47 PM #27
Re: Live in NJ how to carry in PA?
Some of the agreements Kane messed with now say the person must be a legal resident of the state with the reciprocity, for instance in the agreement with FL, see the last paragraph on page one:
http://www.attorneygeneral.gov/uploa...florida_pa.pdf
Arizona was changed in the same manner, first paragraph page two:
http://www.attorneygeneral.gov/uploa...ement_2013.pdf
Virginia was changed in the same manner, first paragraph page two:
http://www.attorneygeneral.gov/uploa...ement_2013.pdf
All PA agreements can be found here:
http://www.attorneygeneral.gov/crime.aspx?id=184
Last edited by soberbyker; November 20th, 2013 at 03:51 PM.
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November 20th, 2013, 03:55 PM #28
Re: Live in NJ how to carry in PA?
Except for Utah - all of the agreements she modified have all non-resident licenses non-reciprocal in PA. For instance, FL resident with a FL license can carry in PA but a resident of ANY other state (including PA and Jersey) cannot carry in PA on a non-resident FL permit.
Utah is the only reciprocal state she did not do this with. So a Jersey resident can carry on Utah in PA.
Now, a license from ANY state can still be used for car carry.
EXCEPT for PA residents, because of the court ruling which is an entirely separate issue. The court ruling said (more or less) that PA residents need a PA LTCF.
So, if you are from NJ, car carry should be OK on any license, but a Utah license should be OK for car carry/concealed carry/and Philly carry.
I am not 100% sure on that, but I think that is pretty much it. Use that as a starting point to figure out for yourself.Last edited by ungawa; November 20th, 2013 at 03:58 PM.
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November 20th, 2013, 04:35 PM #29Member
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Re: Live in NJ how to carry in PA?
THANKS soberbyker and ungawa for bringing me up-to-date and somewhat ending my confusion and also for the links to the correct info. I will edit my first post to correct my misunderstandings so that it will not confuse others who may read it......
Last edited by PRRFan; November 20th, 2013 at 04:53 PM.
Everyone has the right to be an asshole....unfortunately some people abuse that right.
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November 20th, 2013, 07:11 PM #30
Re: Live in NJ how to carry in PA?
With the McKown decision, a Pa resident CANNOT use a reciprocated license like UT in Pa:
we hold that a Pennsylvania resident who does not have a valid Pennsylvania license issued under the Pennsylvania Uniform Firearms Act may not carry a firearm in a vehicle or concealed on or about his person in Pennsylvania under the authority of a permit issued by another state that has reciprocity with Pennsylvania.IANAL
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