HB 78 Reciprocity for Concealed Carry Permits between States 2015-2016

[WhiteFeather]

Couple of Rep Will Tallman legislative efforts to protect and enhance RTKBA


HB 78 Reciprocity for Concealed Carry Permits between States 2015-2016

Read text of HB 78 text here

http://www.legis.state.pa.us/cfdocs/...H&type=B&bn=78

MEMORANDUM



Posted:
December 18, 2014 10:51 AM

From:
Representative Will Tallman

To:
All House members

Subject:
Reciprocity for Concealed Carry Permits between States


In the near future, I will introduce legislation to provide the Attorney General some much needed guidance when reviewing other states’ laws for the purpose of recognizing each state’s license to carry a concealed firearm in Pennsylvania.

The law in Commonwealth requires the Attorney General to make a determination that “the firearm laws of the state are similar to the firearm laws of this Commonwealth.” (18 Pa.C.S. § 6106 (b)(15)(ii)). This has been in statute since the passage Act 66 of 2005; and generally, the law has worked fairly well for nine years.

Recently, however, the Attorney General as interjected certain political motivations into the process of determining whether the laws of a state are “similar” to Pennsylvania’s. My legislation will give the AG the guidance she needs to focus her analysis on the substance of the law.

Specifically, my legislation would limit the analysis to thirteen criteria (which are already utilized in determining whether someone is eligible to obtain a Pennsylvania carry permit). The AG would need to determine whether the other state’s law prevents any of the following people from obtaining a carry permit:

•An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.
•An individual who has been convicted of a drug offense.
•An individual convicted of the types of crimes that would prevent a person from possessing a firearm.
•An individual who, within the past ten years, has been adjudicated delinquent for a serious crime (like those enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act).
•An individual who is not of sound mind or who has ever been committed to a mental institution.
•An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug.
•An individual who is a habitual drunkard.
•An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year (with exceptions for offenses in which the disability has been waived or the individual received a pardon).
•An alien who is illegally in the United States.
•An individual who has been discharged from the armed forces of the United States under dishonorable conditions.
•An individual who is a fugitive from justice (not including nonmoving or moving summary vehicle offenses).
•An individual who is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling or transferring a firearm under state law.
•An individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States.

As you can see, this list is pretty comprehensive. Conspicuously absent from the list, though, is the current Attorney General’s “zip code” analysis. Many states allow out-of-state residents to apply for and, if they pass a comprehensive background check like Pennsylvania’s, receive a carry permit. Recently, the AG determined that two states’ laws (Florida and Utah) were not “similar” enough because they allowed a person from out-of-state to get a carry permit.

She called it “a loophole in the law.”

I am hard pressed to understand how an individual’s zip code makes them more or less of a “menace to society.” On the contrary, I believe that an individual’s mailing address may indicate that they actually are in greater need of a means of self-defense than others. You may be surprised to find out that even Pennsylvania law allows someone from out-of-state to get a license to carry a firearm in the Commonwealth.

This “throw-back” language in the UFA was added to the law long before we enacted the reciprocity language we have today. It required the out-of-stater to have a license from their home state first. Now that we have reciprocity, this law is used much less frequently than it was.

This legislation also makes a similar change to the provisions of 18 Pa.C.S. § 6109(k) to continue to allow the AG to negotiate reciprocal agreements, but limit her ability to use “zip code” analysis as a means to refuse reciprocity.

Please add your name to the list of cosponsors for this legislation and let’s refocus our Attorney General on criteria that matter, not zip codes that don’t.

HB 78 Prohibiting the Regulation of Firearms by an Executive Order

Read text of HB 77 here

http://www.legis.state.pa.us/cfdocs/...H&type=B&bn=77

MEMORANDUM



Posted:
December 29, 2014 11:40 AM

From:
Representative Will Tallman

To:
All House members

Subject:
Prohibiting the Regulation of Firearms by an Executive Order


In the near future I will be re-introducing a bill (formally HB 469) that needs to be acted upon quickly.

This piece of legislation will be a strong assertion of state rights, and firearm owner rights. We as firearm owners are protected under the Second Amendment to the United States Constitution and Article I Section 21 of the PA Constitution.

Currently our president is considering several actions by Executive Order that may infringe on our rights. I consider this patently illegal.

With that in mind my legislation will make it illegal to enforce those rules or regulations in the Commonwealth.

Rep Tallman has several other proposed legislation for 2015-2016 session that are also worth your effort to support in the works.

[WhiteFeather]

More co-sponsor = greater chance of enactment or at least movement especially when reaching the 51% of the reps as sponsors

IF anyone wants a batch list of email address to contact Rep for HB 77 or HB 78

ASK!

[WhiteFeather]

Reserving for updates

Will delete if not used

[Statkowski]

Jeez, talk about taking a simple problem and coming up with a complicated solution. Thirteen criteria? Why not just make it one - "Does the person have a license issued by another state?" If the answer is "Yes" then recognize it. Other states are doing such (Ohio most recently). We already do it for vehicle carry, so why not full carry?

Article IV, Section 1, U.S. Constitution is the authority for such.

[soberbyker]

Shared on the pa2a forum as well.

[PAMedic=F|A=]

In the near future, I will introduce legislation to provide the Attorney General some much needed guidance when reviewing other states’ laws for the purpose of recognizing each state’s license to carry a concealed firearm in Pennsylvania.

Win

[pyld]

In the near future, I will introduce legislation to provide the Attorney General some much needed guidance when reviewing other states’ laws for the purpose of recognizing each state’s license to carry a concealed firearm in Pennsylvania.

Win

Loss. This:

"Does the person have a license issued by another state?" If the answer is "Yes" then recognize it. Other states are doing such (Ohio most recently). We already do it for vehicle carry, so why not full carry?

I do not support this. It's far too complex, when the simple answer is to accept anyone's permit.

[jerkin]

I am in agreement with the other posters here, just offer to accept ANY other State's license regardless or reciprocity or our criteria. Ask any legislators that are against it how many crimes people from other States with concealed carry licenses have committed in Pa with a firearm.

This proposal still gives the **** way too much leeway to fuck with our rights. I can see it now, "Oh, their statute for aggravated assault doesn't include assault with an Easton baseball bat, only Louisville Slugger, that isn't similar".

[soberbyker]

I am in agreement with the other posters here, just offer to accept ANY other State's license regardless or reciprocity or our criteria. Ask any legislators that are against it how many crimes people from other States with concealed carry licenses have committed in Pa with a firearm.

This proposal still gives the **** way too much leeway to fuck with our rights. I can see it now, "Oh, their statute for aggravated assault doesn't include assault with an Easton baseball bat, only Louisville Slugger, that isn't similar".

HB 80 is close, it falls short by accepting only those that accept us:

In the near future, I intend to re-introduce legislation (formerly HB 829) to provide for mutual reciprocity for any state which recognizes the validity of a Pennsylvania license to carry a firearm. By cutting through the red tape and bureaucratic wrangling which surrounds the current reciprocity process, my legislation provides additional protection for law-abiding Pennsylvanians who travel outside the Commonwealth and affords that same protection to residents of other states who visit here

[scruff]

Jeez, talk about taking a simple problem and coming up with a complicated solution. Thirteen criteria? Why not just make it one - "Does the person have a license issued by another state?" If the answer is "Yes" then recognize it. Other states are doing such (Ohio most recently). We already do it for vehicle carry, so why not full carry?

Article IV, Section 1, U.S. Constitution is the authority for such.

What about Constitutional Carry states?