A little birdie told me...

[OwnTheRide]

...to watch for a press release on Tuesday 4/19 regarding Susquehanna (PA) and Broome (NY) counties reaching an agreement to issue non-resident permits to each other, akin to what Chemung and Bradford agreed to.

I was not able to nail down the specifics, but I suspect it will be very similar to the Chemung/Bradford agreement. Which, if you recall, is a bit limited:

"If you're a Bradford County resident and you own land in Chemung County, you work in Chemung County, if you are a current or retired law enforcement officer or if you frequently do business in Chemung County," said Sheriff Christopher J. Moss from Chemung County, New York.

Certainly not even close to everything I'd like to see, but it's a start. Assuming this does go through, I have to say, good job Sheriffs Benedict and Harder (and also Sheriffs Carter and Moss with their trailblazing agreement).

[sgreen10]

thats good to hear, i knew it wouldnt be to long after us here in Chemung got the ball rolling

[OwnTheRide]

Here's the official announcement.

http://www.wbng.com/news/local/Broom...376279971.html

[McSull]

It's a step in the right direction.

[ungawa]

Ah, good, we got the shit end of the stick again.

[OwnTheRide]

Ah, good, we got the shit end of the stick again.

Yes and no.

Yes, for the obvious reasons.

No, because what you're actually seeing here is a NY sheriff stretching the limits of the law, while a PA sheriff is deciding to violate the law a little less.

Both ends of the stick are shitty, but they stink a little less than they did last week.

[Brick]

Totally worthless to me. I don't own property in NY and I am retired.

[-JD-]

Frequently do business. IIRC purchasing goods and/or services is doing business

[ungawa]

So these PA Sheriffs are only issuing to NY residents with unrestricted carry permits? I somehow missed that. It sounds like PA Sheriffs are stretching the law. NYers not only don't have to meet the requirements of PA law, they are subject to no requirements at all.

[OwnTheRide]

So these PA Sheriffs are only issuing to NY residents with unrestricted carry permits? I somehow missed that. It sounds like PA Sheriffs are stretching the law. NYers not only don't have to meet the requirements of PA law, they are subject to no requirements at all.

Some thoughts/details:

1) Non-resident applicants for a PA LTCF are subject to a requirement that they possess a pistol permit from their home state:

§ 6109
e) Issuance of license.--
(1) A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. 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).

However, in regards to NY restrictions on NY carry permits, it is my opinion that you are correct in saying that PA Sheriffs are unlawfully requiring no-restriction permits. I suspect they might be correct to deny people with some other (very rare) NY permit types, such as the premises-only permit - such permits do not allow the "carry" of a firearm (in public).

2) The truly unlawful behavior on the part of some PA Sheriffs - those bordering NY, typically - is the refusal to accept applications from non-residents. The sheriffs are well aware that they can only deny permits for a specific set of reasons, so they are trying to skirt those requirements by refusing to accept applications. Which, as I'm sure you will agree, is effectively a denial. This is a very dangerous precedent to let stand, IMO - if they can refuse to accept applications from non-residents, then there is nothing stopping them from refusing to accept applications from residents, either.

3) This agreement between Broome and Susquehanna means that Susquehanna Sheriff Benedict will now accept applications from residents of Broome County, NY. Legally, he should be accepting applications from all 62 counties in NY. So, in my opinion, he continues to violate the law. Similarly, Broome County should be accepting non-resident applications from all counties in all states (note: I do not think they are refusing applications, so they are probably in line with the law)... however, by NY law (relevant portions quoted below), they are only supposed to issue to people who "reside" within the county, or are principally employed within the county, or has his principal place of business within the county. It is my opinion that Broome and Chemung are really stretching the definition of "resides" so that it includes "land owned but not used as a principal residence." I strongly applaud this interpretation. I wish the law allowed them to do more.

§ 400.00 Licenses to carry, possess, repair and dispose of firearms.
[...]
3. Applications. (a) Applications shall be made and renewed, in the
case of a license to carry or possess a pistol or revolver, to the
licensing officer in the city or county, as the case may be, where the
applicant resides, is principally employed or has his or her principal
place of business as merchant or storekeeper; and, in the case of a
license as gunsmith or dealer in firearms, to the licensing officer
where such place of business is located.

A later section of § 400.00 makes it abundantly clear that non-residents can be issued licenses, though it also brings more question to issuing based on land ownership alone, and it also restricts the types of license for gunsmiths/dealers:

7. License: form.
[...]
If such license is issued to an alien,
or to a person not a citizen of and usually a resident in the state, the
licensing officer shall state in the license the particular reason for
the issuance and the names of the persons certifying to the good
character of the applicant. Any license as gunsmith or dealer in
firearms shall mention and describe the premises for which it is issued
and shall be valid only for such premises.