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July 4th, 2010, 02:26 PM #1
No non-resident LTCFs for denied residents of "difficult" MAY ISSUE states
I apologize if this topic has been discussed elsewhere on the board and I haven't found the threads.
PA has a law that says in effect that if an applicants (for a non-resident LTCF) home state issues a concealed carry permit then that person must submit a copy of his/her home state concealed carry permit with his/her application in order to qualify for a non-resident LTCF.
A few jurisdictions like New Jersey, Hawaii, New York City have MAY ISSUE concealed carry laws on the books but very rarely issue concealed carry permits to their residents. In other words such states are practically and constructively if not legally RIGHT DENIED states.
In effect residents of these "difficult" MAY ISSUE states who are denied by their home state are barred by PA law from being issued a non-resident LTCF.
By denied, I mean a person who would normally pass a PICS or NICS background check being arbitrarily refused for reasons other than reasons of being a felon or a prohibited person.
Is there any remedy for a person desirous of a PA LTCF who is caught in this dilemma?CCW Permits: UT, PA, NH, ME Life Member: NRA, GOA
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July 4th, 2010, 02:50 PM #2Banned
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July 4th, 2010, 03:16 PM #3Banned
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Re: No non-resident LTCFs for denied residents of "difficult" MAY ISSUE states
Get a Utah/Florida nonresident CCW permit. I know they require training and are more expensive, but I don't believe they require you to have a similar permit from your home state. They also offer more states with reciprocity.
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July 4th, 2010, 07:46 PM #4Grand Member
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Re: No non-resident LTCFs for denied residents of "difficult" MAY ISSUE states
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July 4th, 2010, 08:10 PM #5
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July 4th, 2010, 10:53 PM #6Banned
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Re: No non-resident LTCFs for denied residents of "difficult" MAY ISSUE states
Getting a license/permit from another state is almost always advisable no matter who you are, and a Maine+NH combo is, I would say, the easiest and least cumbersome on your other rights to acquire (as far as not having to provide fingerprints, for example, among the lack of other requirements.)
Unfortunately, there are still a few matters that plague a person who lacks a PA license, such as being loaned a handgun/SBS/SBR (there is a question whether 6109(k) fixes any rights regarding reciprocity; if it does not, 18 Pa.C.S. 6115(b)(1)(i) does not allow someone who may carry under 6106(b)(15) to be given/loaned a handgun/SBS/SBR) and being exempted from the federal Gun Free School Zones Act (18 USC 922(q), which only recognizes protection when the person has a license/permit from the state in which the school grounds is located.
One thing to do is to bitch to federal and state legislators to fix state and federal statutes like 18 Pa.C.S. 6115 and 18 USC 922(q) that they should include protection for all license/permit holders, perhaps by a Full Faith and Credit argument.
Another thing you could consider is becoming a resident of some county in PA and then applying to that county's sheriff as a resident of that county (some will suggest Centre, I imagine), and then, having received a license, become a resident of any place in the world you please. Note however that there are various ways that 'residence' is defined among the law, and some more narrow definitions (for example, as it regards constitutional and election code requirements, where residence seems to be ascertained as 'any place which you've established as the place you're always going to come back to') of residence mean that in a best case failure to get a PA license, you might be denied (properly or improperly) for not actually being a resident of the county, or in a worst case failure, be susceptible to a generic VUFA violation of 18 Pa.C.S. 6109 with a penalty as provided by 18 Pa.C.S. 6119.
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July 16th, 2010, 08:10 AM #7Super Member
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Re: No non-resident LTCFs for denied residents of "difficult" MAY ISSUE states
I believe VA,UT,and FL are the only ones that don't require a home state permit as a condition. They all work for PA. That's your best bet.
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