Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Apr 2018
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    NYC, New York
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    Default Mutual Statutory Reciprocity good enough for non-resident concealed carry?

    Hello,

    I am a NY resident who formerly carried in Pennsylvania with my New Hampshire non-resident permit. As most of us know, this non-resident reciprocity agreement was rewritten to stamp out the validity of NH and Texas Non-resident permits 2 weeks ago.

    While reading through the reciprocity document provided by the AG, I noted on p. 12 there is a list of states who's residents can carry based on "Mutual Statutory Reciprocity":

    In some circumstances, the Attorney General may grant mutual reciprocity without
    a written agreement. Under 18 Pa.C.S. § 6106(b)(15), the Attorney General may
    grant statutory reciprocity where: (1) the other state grants recognition to
    Pennsylvania concealed carry licenses through its laws and (2) that state’s laws
    governing firearms are sufficiently similar to the firearms laws of Pennsylvania.
    While reading 18 Pa.C.S. § 6106(b)(15), exception 15 does not seem to have any clause for prohibiting "non-residents"

    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.
    Is the AG's acknowledgement of "Mutual Statutory Reciprocity" with another state enough to grant non-resident permit holders of those states' a legal avenue to concealed carry? Or is there something I am missing here?

  2. #2
    Join Date
    Jan 2011
    Location
    Oh so close to the Delaware River!, New Jersey
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    Default Re: Mutual Statutory Reciprocity good enough for non-resident concealed carry?

    This is referenced in another discussion thread about Virginia reciprocity ending next month. The AG, just like the previous democrat AG, nullified the use of nonresident permits in Pennsylvania with the stroke of a pen. I, too, would like to hear more about this, but I get the impression that the way the law is written that the AG's cancellations/nullifications trump the mutual piece you referenced.

  3. #3
    Join Date
    Jul 2007
    Location
    ..............., Pennsylvania
    (Chester County)
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    Default Re: Mutual Statutory Reciprocity good enough for non-resident concealed carry?

    Some of the issue you raise are address i the latter portion of this thread:
    http://forum.pafoa.org/showthread.php?t=315363
    IANAL

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