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January 27th, 2016, 11:29 AM #1Junior Member
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- Nov 2013
- Location
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Erie,
Pennsylvania
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Moved back to PA. Permit still valid?
I work in the oil and gas industry and I move around a lot. I was a PA resident before we moved to TX last year and had a resident carry permit out of Erie county. We recently moved back to allegheny county and I'm curious if my resident carry permit which I still have and is not expired is still valid to use as a non resident permit? I am keeping my Texas residency, so gettinga PA drivers license is not an option. I know PA issues non resident permits but wondering if my former permit would switch over to a non-resident permit?
Thanks in advance.
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January 27th, 2016, 04:06 PM #2
Re: Moved back to PA. Permit still valid?
Do you have a Texas license? If not, you're no longer eligible for a PA license. If the sheriff who issued the PA license become aware that you are no longer eligible, he's required to revoke you license.
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January 27th, 2016, 04:34 PM #3
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January 27th, 2016, 04:52 PM #4
Re: Moved back to PA. Permit still valid?
The license is valid until revoked. The problem is that since he moved to Texas and is now a Texas resident he would not be eligible for a pa resident LTCF. The Sheriff would probably revoke the license if he knew the circumstances now. He would need a Texas ccw to be eligible for a PA nonresident LTCF. It doesn't just become a nonresident.
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January 27th, 2016, 06:00 PM #5Grand Member
- Join Date
- Oct 2008
- Location
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Harrisburg area,
Pennsylvania
(Dauphin County) - Posts
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Re: Moved back to PA. Permit still valid?
Not exactly. Yes, a PA license to carry is valid until it expires or is sooner revoked, but there is no PA "resident LTCF" as distinct from a PA "nonresident LTCF".
Here's the problem:
Excerpted from 18 Pa.C.S. § 6109:(e) Issuance of license.--(1) … A license shall not be issued to any of the following:
…(ix) A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. § 921(a)(19) (relating to definitions).
…
(i) Revocation.-- … A license to carry firearms shall be revoked by the issuing authority for any reason stated in subsection (e)(1) which occurs during the term of the permit.
So if the issuing sheriff catches wind that a person whom he licensed is no longer eligible (e.g. is now a resident of another state but not a holder of that state's license) he is required to revoke that license.I am not a lawyer. Nothing I say or write is legal advice.
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January 27th, 2016, 09:51 PM #6Junior Member
- Join Date
- Nov 2013
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Erie,
Pennsylvania
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Re: Moved back to PA. Permit still valid?
Thanks for all the responses guys. I did not get a TX permit because I have a FL non resident that covered me in TX. So going by what you guys are telling me in order for me to get a PA non resident permit I will need to have a TX license. Well thats unfortunate but I am going to back to TX to get married in February, I will see about getting a class while I'm down there. Then I can come back up here and get my non resident and be covered.
Do I need to surrender my PA permit or something? I don't want to apply for my non resident and get into any kind of trouble because I didn't dot an I or cross a T.
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January 27th, 2016, 11:59 PM #7Grand Member
- Join Date
- Oct 2008
- Location
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Harrisburg area,
Pennsylvania
(Dauphin County) - Posts
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January 28th, 2016, 01:50 AM #8
Re: Moved back to PA. Permit still valid?
If the Sheriff has had a reachable address for you all this time, then the LTCF is valid until revoked or expired (at least until someone takes a case up on appeal and loses again; the McKown case had some troubling implications). The problem is that if you did NOT leave a good address, then the Sheriff could have revoked, sent the certified letter, and met the requirements under the statute for notifying you, even if you moved away and didn't get that letter.
Let me add that this applies to the stated facts of this situation. If you became a prohibited person, and couldn't legally buy or own guns, very different rules apply.Last edited by GunLawyer001; January 28th, 2016 at 01:58 AM.
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 28th, 2016, 02:03 AM #9
Re: Moved back to PA. Permit still valid?
I don't trust the courts and I am actually a little more concerned than that.
Dude moved "back" to PA but is "maintaining Texas residency," has no Texas permit, this is a soup sandwich.
I do think the chances of him being questioned about this are extremely low. Unless he is very dumb and announces to cops he is armed for whatever reason. Once confronted, I think the chances of him being arrested with a LTCF over carry are also low, but much higher. How the courts sort it out? Well, Gunlawyer001 is the lawyer. I think a court could easily rule the license is not valid based on a political interpretation of the law, choosing certain sections and ignoring others. Seen that. I still have the tar warm.
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January 28th, 2016, 09:24 AM #10Junior Member
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Erie,
Pennsylvania
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Re: Moved back to PA. Permit still valid?
Nothing has happened to make me a prohibited person, and the address on my PA LTCF is my in laws address so it is still a good address for me.
For what its worth I have not been carrying since I've been back in PA. The only time I have a firearm with me when I'm out and about is if I'm driving to or from the in laws (where I shoot). When that happens I follow the firearm transport rules of PA. I'm not going to test the law about this. I flat out won't carry until I know I have a 100% valid permit, in the state I'm in. Its not worth it IMO.
I found a CHL class in TX I'm going to get out of the way while I'm down there getting married in a couple weeks, I'll get my TX CHL and then come back up here and get a proper non resident permit.
Just to clarify I am not trying to skirt the law at all, I just knew I would get good answers posting on this forum. I was thinking that my PA license was not valid anymore, which is why I haven't been carrying.
Id still like to know if I need to inform the Erie county Sheriff that I am no longer a resident. I can see me going in to get the permit and then it coming up in the system that I already have one and then having to explain whats going on.
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