Non-Resident State CCW Choice

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  • j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    For the simplicity it's gotta be NH.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,108
    Yep, read the thread, and just now the linked latest application. And I've had several NH permits in the past, both using a home state Permit and a NR Permit in the respective eras.

    The court case got rid of the *home* state requirement. Eliminating*any* other permit would require seperate action.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    Do you want to carry in FL? If so you must have a FL permit, as they don't recognize NR permits from any state.

    Having a FL permit won't get you PA, so it's a matter of where you intend to go.

    Here's the NH thread. No more home state license required. The Court ruled that the statute did not require a home state permit,. so it cannot be required by the SP.

    https://www.mdshooters.com/showthread.php?t=194472&highlight=hampshire
     

    Nottherealfranco

    MD Escapee
    Sep 24, 2014
    198
    Can someone explain to me why the NH non-resident permit allows for carry in PA? I understand the reciprocity, however all the language i'm seeing does not specify "non-resident" permits, only (1) " New Hampshire permits" and (3) "valid license/permit holders from respective states" : https://www.attorneygeneral.gov/upl...l/FirearmsReciprocity/Signed_NH_Agreement.pdf

    On PA's website, it states the following:
    Note that to lawfully carry a concealed firearm in Pennsylvania, a person must either:

    1 - possess a valid Pennsylvania License to Carry Firearms,
    2 - maintain residency in, and possess a valid license/permit to carry a firearm from a state with which Pennsylvania has a current reciprocity agreement or
    3 - fall within the applicable exceptions in 18 Pa. C.S. §6106(2)(b) as listed above, including §6106(2)(b)(15) regarding licenses/permits to carry a firearm recognized under Pennsylvania law without a formal reciprocity agreement.

    The second point is my concern- It states residency AND valid license of reciprocity, which would imply that non-resident permits of reciprocal states would be a no-go.
    https://www.psp.pa.gov/firearms-information/Pages/Carrying-Firearms-in-Pennsylvania.aspx

    Am i missing something here? I'd love to CC in PA, but everything i've read has made it seem like it's a no-go for MD'ers.
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,311
    Hanover, PA
    As a Maryland resident, if you had to choose only one state non-resident CCW license, which state would you choose: Utah or Virginia? And why?
    Both

    bth.gif
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    compare the two agreements PA has with NH and VA. The VA agreement clearly states that only residents of VA can carry in PA. The NH agreement has no such requirement.
    .
    .
     

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    Nottherealfranco

    MD Escapee
    Sep 24, 2014
    198
    compare the two agreements PA has with NH and VA. The VA agreement clearly states that only residents of VA can carry in PA. The NH agreement has no such requirement.
    .
    .

    True, but the NH/ PA agreement also states:
    "This reciprocity agreement applies only to the carrying of firearms by valid license/ permit holders from respective states and not to any other types of weapons"

    The way this sentence is structures indicates that "license/ permit" is an adjective, describing "holders" as the noun. "from respective states" doesn't apply to the "license/permit", it applies to the holder. Therefore, a non-resident holder of an approved license would not be covered under this agreement because they are not "from [the] respective states".
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    True, but the NH/ PA agreement also states:
    "This reciprocity agreement applies only to the carrying of firearms by valid license/ permit holders from respective states and not to any other types of weapons"

    The way this sentence is structures indicates that "license/ permit" is an adjective, describing "holders" as the noun. "from respective states" doesn't apply to the "license/permit", it applies to the holder. Therefore, a non-resident holder of an approved license would not be covered under this agreement because they are not "from [the] respective states".

    I'm not an English major, so I can't pick apart the wording. Suffice to say if you call the PA AG office and ask they will tell you they honor all NH permits, period.

    This is from the statute:
    .
     

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    Nottherealfranco

    MD Escapee
    Sep 24, 2014
    198
    I'm not an English major, so I can't pick apart the wording. Suffice to say if you call the PA AG office and ask they will tell you they honor all NH permits, period.

    Do you know if they have a press release or some sort of addendum stating as such? The language of the law gives me the impression one must be a resident of the state for reciprocity to apply.

    Edit:

    Per PA statue 6109:

    6109(k) refers to the reciprocity agreement:
    ) Reciprocity.--
    (1) The Attorney General shall have the power and duty to enter into reciprocity agreements with other states providing for the mutual recognition of a license to carry a firearm issued by the Commonwealth and a license or permit to carry a firearm issued by the other state. To carry out this duty, the Attorney General is authorized to negotiate reciprocity agreements and grant recognition of a license or permit to carry a firearm issued by another state.
    (2) The Attorney General shall report to the General Assembly within 180 days of the effective date of this paragraph and annually thereafter concerning the agreements which have been consummated under this subsection.


    Section k's main point is to grant the authority of negotiating and agreeing upon a reciprocity agreement with the other state. The key word is negotiate here. From this statue you'd go to the reciprocity agreement, which then brings us back to the previous issue of "holders" being the noun of section 3, not permits/license. If "holders" is the noun, then the reciprocity agreement would only apply to permit holders from either PA or NH holding their respective state's CC permit.

    Calling the AG office and them saying they honor all permits isn't something i'd rely on unless there's formal documentation backing it up. We all know calling the MSP about banned or not banned weapons can result in, and I don't think i'd trust a statement from someone at the PA AG unless it was written, signed, and notarized
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    no idea. the language in the respective agreements is sufficient for most of us. it plainly states they honor a NH permit with no regards to residency. If it's not prohibited, it's allowed. that's how laws are written.

    but if you don't think it's legal, don't carry there.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,108
    The NH vs Pa situation seems confusing, you have to dig deep into the timeline and Pa politics for it to make sense.

    Even though the real motives of of the Bloomberg back rogue AG were " guns are bad, m'kay" , the nominal source of outrage was the idea of " OMG, people that Pa authorities turned down for a LTC are carrying guns using FLA Permits ! "

    While most of us think of Pa LTC issuence as walking into Sheriff's office, and recieving a LTC in. Matter of days, occasionally same day, it isn't uniform. Crtian jurisdictions, noticeably Phila PD make up a laundry list of additional requirements beyond and contrary to state law. In addition to the hassle and expense, Phila PD makes frequent use of declaring applicants as " person not suitable" for reasons literally including " I don't like the way you look" and "I don't like your haircut" . When the rogue AG is on their side, it is very difficult to bring them to task.

    AG Kane used this as justification to go on witch hunt against reciprosity. For reciprosity agreements that were made by previous AG's , she can do this unilaterally. For those reciprosity agreements done statutorily before the responsibility was given to the AG, it's harder for her, and she had to do AG to AG arm twisting.

    Utah caved by adding the language about applicants from States that recognize UT Permits must have home. State Permit. NH caved by reverting to previous language that NR applicants must have home state Permit ( NH has gone back and forth on this over the decades ).

    NH gun rights activists sued over this. By the time it was ruled in our favor, AG Kane has already been brought down by her indictment, and no one else in Pa is pushing the issue.

    NH reciprosity is a lucky convergence if timing.
    TX reciprosity is probably due to TX's requirement for NR applicants to physically travel to TX keeping the number of Phila residents doing so low enough, that it wasn't a high priority to Kane to try to stamp out.
     

    eruby

    Confederate Jew
    MDS Supporter
    What I am taking away a from this then is that in order to get an NH permit, you need to have permit issued to you from your state of residence first. So this begs the question, (Ill pose to Eruby since he mentioned above he has the the NH) If you have a NH permit, do you also have a MD permit?

    I originally thought that NH would issue non res permits similar to Utah.
    As has been posted, NH recently got sued and now you do not need your home state (or any) permit.

    No, I do not have a Maryland permit. I do have a small bottle of Unicorn tears. And a henway.
     

    chesapeakeIRON

    Ultimate Member
    Mar 5, 2012
    1,488
    Harford County
    As has been posted, NH recently got sued and now you do not need your home state (or any) permit.



    No, I do not have a Maryland permit. I do have a small bottle of Unicorn tears. And a henway.



    Thanks, yeah a few guys posted the links, NH was sued which was the piece I was missing earlier


    Sent from my iPhone using Tapatalk
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    did you read the update on the web page? put N/A
    .

    ***UPDATE 10/25/16*** Please be advised that due to the New Hampshire Supreme Court opinion Bach v. New Hampshire Department of Safety, ___ N.H. ___ (No. 2014-0721, decided June 2, 2016), Out-of-State Residents applying for a Non-Resident Pistol/Revolver License are NOT required to supply the Resident State License Number on Form DSSP 260 and are NOT required to supply either a copy of a valid concealed carry license issued by the state, county, or town in which they reside OR a letter from their local police department, as described in Saf-C 2102.03(c) and on the reverse of Form DSSP 260.
     

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    hi3cho

    Ultimate Member
    Nov 16, 2012
    1,306
    Edgemere
    did you read the update on the web page? put N/A
    .

    The link was a PDF to the 'new' application. I was just trying to figure out if that was in fact the new application with the old requirements or if there in fact was a new one. Did you put N/A on yours without issue or just saying that based on the note from their website?
     

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