New Hampshire Non Resident

[sota]

Understood.
So my next argument would be... the restrictions under 6107(a)(2) require me to either fall under 6109, which I don't as a non-resident, or 6106(b), which would be my only option. As I read section 6106(b)(15)...

(15) 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.

what I note is the lack of the wording that restricts a "valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state" to the residents of the state issuing the permit in question.
Note also that both provisions (i) and (ii) make no mention of resident-only for (i)"reciprocity" or (ii)"similar... laws". I'm making an assumption right now that PA has written reciprocity with UT and NH (and i'm pretty sure they do with FL) since they're listed as locales whose permits are honored.

[rwilson452]

Some time ago the CLEO of Philly said that if you open carry in Philly you will be inconvenienced. What he really meant was harassed.

[tl_3237]

Understood.
So my next argument would be... the restrictions under 6107(a)(2) require me to either fall under 6109, which I don't as a non-resident, or 6106(b), which would be my only option. As I read section 6106(b)(15)...

what I note is the lack of the wording that restricts a "valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state" to the residents of the state issuing the permit in question.
Note also that both provisions (i) and (ii) make no mention of resident-only for (i)"reciprocity" or (ii)"similar... laws". I'm making an assumption right now that PA has written reciprocity with UT and NH (and i'm pretty sure they do with FL) since they're listed as locales whose permits are honored.

The reciprocity agreements with UT, NH and FL specifically exclude "non-resident" permits issued by those states with respect to PA recognition.

§6106(b)(15) is what is called "statutory reciprocity" which grants reciprocity without the existence of a written agreement based on the PA AG's review of the other state's laws and their statutory recognition of Pa licenses.

As for now it seems that the PA AG has implemented its interpretation of its statutory powers that non-resident licenses are not recognizable in Pa. Although 6109(k) and 6106(b)(15) may be somewhat ambiguous as to whether that exclusion of non-resident licenses is legally sustainable, they nonetheless would imply some discretionary ability.

Pennsylvania recognizes concealed carry licenses issued by states without applying
for a separate Pennsylvania concealed carry license – if the concealed carry license
holder is (1) a resident of that state and (2) 21 years of age or older.

https://www.attorneygeneral.gov/wp-c...ty-Summary.pdf

[sota]

Just to be clear, when you write "non-resident licenses are not recognizable in Pa" you mean for concealed carry only. Open carry would still be allowed, if not impeded by the SoE currently in effect. Have I interpreted that correctly?

[tl_3237]

Just to be clear, when you write "non-resident licenses are not recognizable in Pa" you mean for concealed carry only. Open carry would still be allowed, if not impeded by the SoE currently in effect. Have I interpreted that correctly?

Assuming legal possession (not prohibited person, 18+ age, etc) of the firearm being carried, no license to carry is required to OC afoot in non-prohibited places except during SoE and in Philadelphia.

Com. v. Hawkins, 692 A. 2d 1068 - Pa: Supreme Court 1997
[4] In all parts of Pennsylvania, persons who are licensed may carry concealed firearms. 18 Pa.C.S. § 6108. Except in Philadelphia, firearms may be carried openly without a license. See Ortiz v. Commonwealth, 545 Pa. 279, 283, 681 A.2d 152, 155 (1996) (only in Philadelphia must a person obtain a license for carrying a firearm whether it is unconcealed or concealed; in other parts of the Commonwealth, unconcealed firearms do not require a license)

ETA: As an NJ resident you should also be sensitive to the need for a statutory exemption under NJSA 2C:39-6 for your NJ in-state legs during your transport to PA and return.

[lts1ow]

Well crap, guess I can't carry anymore.

When did the NH NR thing get canned?

[gghbi]

Well crap, guess I can't carry anymore.

When did the NH NR thing get canned?

In about 3 weeks if I remember correctly. May 16th, 2018 comes to mind, but you can check the thread or the PA AG web site to make sure.

[lts1ow]

In about 3 weeks if I remember correctly. May 16th, 2018 comes to mind, but you can check the thread or the PA AG web site to make sure.

fucking lame sauce.

[sota]

It's the State of Emergency that's fucking it up for all of us NJ people. However I'm not the only one who finds the laws as written confusing and contradictory. Sadly I doubt any PA gun law expert (lawyer) is going to give his opinion as there's nothing in it for them. That's not a condemnation, btw.