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Proposed Legislation - Recognition of Delaware, Pennsylvania, and Virginia Permits

Sonora Rebel

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Dreamer wrote:
Sonora Rebel wrote:
Marylanders with non-resident PA, VA and DE permits. :celebrateStick that in yer MDSP pipe 'n smoke it!
You may want to review your homework.
The language of the bill sez: A LICENSE ISSUED BY DELAWARE, PENNSYLVANIA, OR VIRGINIA TO AN INDIVIDUAL (No mention of actual residency) TO CARRY A REGULATED FIREARM, INCLUDING A CONCEALED REGULATED FIREARM, IS VALID IN THIS STATE (Maryland). Therefore... if the license/permit is issued by either of those three states, the permit is valid in MD. Period!
 

mrjam2jab

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Sonora Rebel wrote:
Dreamer wrote:
Sonora Rebel wrote:
Marylanders with non-resident PA, VA and DE permits. :celebrateStick that in yer MDSP pipe 'n smoke it!
You may want to review your homework.
The language of the bill sez: A LICENSE ISSUED BY DELAWARE, PENNSYLVANIA, OR VIRGINIA TO AN INDIVIDUAL (No mention of actual residency) TO CARRY A REGULATED FIREARM, INCLUDING A CONCEALED REGULATED FIREARM, IS VALID IN THIS STATE (Maryland). Therefore... if the license/permit is issued by either of those three states, the permit is valid in MD. Period!

DE does not issue to non-res. PA requires a non-res to have a permit of their home state if said state issues them...no matter how infrequently. So that would leave only VA as an option ..
 

Dreamer

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If this bill DOES go through, I will be hand-delivering my VA Non-Resident Permit Application to Richmond within the week of it's enactment. It would be WELL worth the $100 to me, because I have family in MD and I HATE not being legally allowed to carry when visiting them...

But I'm not holding my breath...

However, I WILL be contacting the VSP for a non-resident permit application packet, filling out the forms in advance, and filing it in my personal "legal file" here at home until we find out what MD is going to do with this. Might as well be prepared if it DOES go through... ;)
 

theschultz

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nonrespermit@vsp.virginia.gov

My request produced a packet in 2 days!

I agree with virtually everything I have read in this thread. I am a MDer and live with the negative vibes constantly.

Whoever said to think positive is advising what is best. Momentum. It is in the right direction this time. I am going to be realistic with positive expectations. Who knows. We are surrounded by sane (more same anyway) legislators. Maybe it will eventually rub off. ...and I won't have to move!

I have 0 ccw permits and never have. Please excuse my childish exuberance as I wait ever so patiently for my permit from VA, which was mailed 12/18/09.

Dave
 

Dreamer

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The one part of this proposed bill that has me a little perplexed is this part:

BY repealing and reenacting, without amendments,
Article – Public Safety 9
Section 5–101(p) 10
Annotated Code of Maryland 11
(2003 Volume and 2009 Supplement) 12

This is the "Regulated Assault Weapons" list of firearms that are currently prohibited in MD. I wonder why they need to repeal and then re-enact this section without amendments, to accomplish the reciprocity section?

I fear that the anti's will latch on to the "repeal" part of this section, and forget to tell the public that it is then being reenacted without change, to whip up the idea among the public that this bill will somehow repeal the "assault weapons ban" in MD...

The whole thing just doesn't pass the "sniff test"...

But I'm keeping hope that it WILL pass. If it does, I'll be filing for a VA non-resident permit, toot suite...
 

virginiatuck

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Dreamer wrote:
The one part of this proposed bill that has me a little perplexed is this part:
BY repealing and reenacting, without amendments,
Article – Public Safety 9
Section 5–101(p) 10
Annotated Code of Maryland 11
(2003 Volume and 2009 Supplement) 12
This is the "Regulated Assault Weapons" list of firearms that are currently prohibited in MD. I wonder why they need to repeal and then re-enact this section without amendments, to accomplish the reciprocity section?

I fear that the anti's will latch on to the "repeal" part of this section, and forget to tell the public that it is then being reenacted without change, to whip up the idea among the public that this bill will somehow repeal the "assault weapons ban" in MD...

The whole thing just doesn't pass the "sniff test"...

But I'm keeping hope that it WILL pass. If it does, I'll be filing for a VA non-resident permit, toot suite...
That could be a nuance of the Maryland legislative process. Perhaps it is being re-enacted so that the definition of "regulated firearm," which is used in 5-117.1, is attached to the bill for reference.

Has anyone wondered why this bill would enact the law in subtitle 1 when that mainly applies to dealing and purchasing regulated firearms? Subtitle 3 applies to handgun carry permits. Maybe he has other plans for subtitle 3... Or maybe this bill doesn't mean what we think it means, because of its subtitle. Or maybe it's because the legislature still has subtitle 3 on their minds from previous sessions and will automatically oppose any changes to it.

I am going to try to contact Delegate Smigiel to find out more about his plans and expectations for this bill as well as shall-issue. He's been a delegate since 2003. I'll ask him if he's heard of WV, too.

My take on the bill is that it is to test the waters. They have tried removing the "good and substantial reason" from 5-306, and that failed. To my knowledge, a bill of this type has not been proposed in Maryland before. If someone knows of one, please post it.
 

Sonora Rebel

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mrjam2jab

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Sonora Rebel wrote:
mrjam2jab wrote:
DE does not issue to non-res. PA requires a non-res to have a permit of their home state if said state issues them...no matter how infrequently. So that would leave only VA as an option ..

I believe York and Centre Counties in PA will (and do). VA:

http://www.vsp.state.va.us/Firearms_NonresidentConcealed.shtm#Nonresident Concealed Handgun Permit Application

So, Virginia is not the only option.

If a MD resident does not have a MD permit...PA will not issue to them. That is my point.
 

Sonora Rebel

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mrjam2jab wrote:
Sonora Rebel wrote:
mrjam2jab wrote:
DE does not issue to non-res. PA requires a non-res to have a permit of their home state if said state issues them...no matter how infrequently. So that would leave only VA as an option ..

I believe York and Centre Counties in PA will (and do). VA:

http://www.vsp.state.va.us/Firearms_NonresidentConcealed.shtm#Nonresident Concealed Handgun Permit Application

So, Virginia is not the only option.

If a MD resident does not have a MD permit...PA will not issue to them. That is my point.
XD-40Coyote posts here... and she is a Marylander who carries in PA. 'Nuther poster on another forum got his LTCF from Centre county in 11 days.
 

mrjam2jab

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Sonora Rebel wrote:
mrjam2jab wrote:
Sonora Rebel wrote:
mrjam2jab wrote:
DE does not issue to non-res. PA requires a non-res to have a permit of their home state if said state issues them...no matter how infrequently. So that would leave only VA as an option ..

I believe York and Centre Counties in PA will (and do). VA:

http://www.vsp.state.va.us/Firearms_NonresidentConcealed.shtm#Nonresident Concealed Handgun Permit Application

So, Virginia is not the only option.

If a MD resident does not have a MD permit...PA will not issue to them. That is my point.
XD-40Coyote posts here... and she is a Marylander who carries in PA. 'Nuther poster on another forum got his LTCF from Centre county in 11 days.

Mayhap she has a FL or UT?


6109 (e) (1) (ix)


Quote: (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:
(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.
(ii) An individual who has been convicted of an offense under the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act. [FN1]
(iii) An individual convicted of a crime enumerated in section 6105.
(iv) An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who has ever been committed to a mental institution.
(vi) An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug.
(vii) An individual who is a habitual drunkard.
(viii) An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).
(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).

 

Dreamer

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mrjam2jab wrote: “If a MD resident does not have a MD permit...PA will not issue to them. That is my point.”

You are correct. PA will only issue non-resdent permits to individuals who hold valid permits in their state of residence:
18 Pa.C.S. § 6109: Licenses...
(e)(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).

Under §(ix), it is sort of a gray area as to whether PA would issue a non-resident to a MD resident who did not hold a MD permit. 18 USC 921(a)(19) says:
(19) The term “published ordinance” means a published law of any political subdivision of a State which the Attorney General determines to be relevant to the enforcement of this chapter and which is contained on a list compiled by the Attorney General, which list shall be published in the Federal Register, revised annually, and furnished to each licensee under this chapter.
This could be taken to mean that merely having a set of laws that allowed the issuance of CC permits in one's home stat would make one eligible for a PA non-resident permit. Or it could be taken to mean that if you WOULD be issued a permit in your home state but just hadn't applied for one, they would issue you a PA-NR permit.

Judging by MD's policy in practice, the second option would preclude most people from getting a PA-NR permit, because although MD technically DOES issue permits, it is incredibly tight-fisted with issuance, and although by law MD is a "may issue" state, by practice, is a de-facto "No-Issue" state unless you are a LEO or VERY "connected".

Without contacting the PA AG, or a PA Sheriff's department that regularly issues permits to Non-residents (like York Co.), it is difficult to say what the real policy in PA is regarding residents of "may-issue" or "non-issue" states like MD, DC, or IL...

However, I DID find this on the PA Attorney General's website:
Carrying Firearms in Pennsylvania - Frequently asked questions (by the Pennsylvania State Police)
Note: It has come to the attention of the Office of Attorney General that there has been confusion over the applicability of Pennsylvania's reciprocal privileges with regard to the residency status of an individual who has been issued a valid license/permit. It is the position of the Office of Attorney General that recognition within Pennsylvania is based on the issuance to an individual of a valid license/permit by the reciprocal contracting state, and not on the license/permit holder's place of residence.

So it appears that if you are a MD resident without a MD permit, but you have a non-res. permit from another state (like FL or UT), PA will issue you a PA N-R permit. But again, the actual implementation of this varies from Sheriff to Sheriff, despite the fact that non-issuance of Non-residence permits to qualified individuals violates PA Statute and the PA AG's official published position.

Here is a website that lists the policies of EVERY county in PA with regards to issuing non-resident Permits. It's a little dated, (Last updated June 4, 2006) but might be a good place to start:

http://paccw.home.mindspring.com/

And from the "USA CARRY" website, here is more info:

http://www.usacarry.com/pennsylvania_concealed_carry_permit_information.html

And yes, the fees listed are correct. In PA, a LTCF is only $19. However, some Sheriffs charge additional fees for the backgrond checks and administrative fees, and I've seen some Sheriffs websites state that they charge as much as $50, and require applications be made in person, and that you have a valid PA DL. (which is, again, in violation of the requirements of PA Statutes.)

I think I'll be getting a PA N-R permit instead of a VA permit. The VA permits are $100, and PA is $19. You do the math...
 

Sonora Rebel

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So.... if you are Marylader w/no permit... get a FL or UT non-res permit... then apply to PA for a PA LTCF or VA CCW. With that... one should be good to go in MD ('n most elsewhere) 'till y'all figure out how to bail outta that Socialist hole in the earth or kick the neo-coms out (one way or the other).
 

mrjam2jab

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Dreamer wrote:
However, I DID find this on the PA Attorney General's website:Carrying Firearms in Pennsylvania - Frequently asked questions (by the Pennsylvania State Police)
Note: It has come to the attention of the Office of Attorney General that there has been confusion over the applicability of Pennsylvania's reciprocal privileges with regard to the residency status of an individual who has been issued a valid license/permit. It is the position of the Office of Attorney General that recognition within Pennsylvania is based on the issuance to an individual of a valid license/permit by the reciprocal contracting state, and not on the license/permit holder's place of residence.

And yes, the fees listed are correct. In PA, a LTCF is only $19. However, some Sheriffs charge additional fees for the backgrond checks and administrative fees, and I've seen some Sheriffs websites state that they charge as much as $50, and require applications be made in person, and that you have a valid PA DL. (which is, again, in violation of the requirements of PA Statutes.)

I think I'll be getting a PA N-R permit instead of a VA permit. The VA permits are $100, and PA is $19. You do the math...

I think that AG info is in regards to acknowledging non-res licenses...ie a MD resident with a FL license.

ANd the fee isnt $19...there are a few fees added to that...If you want a PA non-res go thru Centre County...only $26.
 

Dreamer

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mrjam2jab,

Thanks for posting that link to Centre County.
It's odd that they don't require, on their website instructions, OR on the permit form, hat you submit a "passport photo" like most other counties. There's a spot on the PA permit for affixing a photo, and I'd think they would want one...

The website and form also don't stipulate that you pick it up in person, like almost all other PA counties. Do they mail it to you? Centre Co. Is a LONG drive for me from NC (8+ hours), but it's an easy day-trip from MD, where my daughters live...

I may call the Sheriff's office in Center Co. on Monday to clear this up. I think I'll be sending off my permit app soon, REGARDLESS of how the MD reciprocity bill comes out. At the price of $26, whats not to like...

Plus, I have a lot fo family in the SW of PA, and I travel through PA a lot to visit my family in WV. My NC permit is recognized by PA, but I figure one more piece of "pocket litter" can't hurt. And it's a LOT cheaper than a VA permit...
 

mrjam2jab

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#3 on Centre's instructions...self addressed stamped envelope. Yes they will mail you the license...and usually only takes about 2 weeks...round trip.

Not sure how they handle the pictures there. I know when i got my first one in Bucks County PA they copied the picture off my driver's license and pasted it onto the LTCF.

I considered getting a NC license...as we have friends just outside of Raleigh...but NC doesn't offer to non-res.
 

swinokur

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Ok here is my question, and I am a MD resident with a VA nor resident CCW permit. If I lived in MD and did not have a MD CCW, and you as a VA resident were permitted to carry in my home state where I am denied the right, wouldn't the state of MD be exposing themselves to a constitutional challenge under the equal protection clause? You live in VA and can carry in MD. I live in MD and cannot?

I don't see this passing in the real world. But if it did, I'd be ecstatic because I do have a VA non resident CCW already.
 

Sonora Rebel

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MD has no 'state' Consitutional provision for 2A. It was deleted in 1867. The whole MD position has been unconitutional since.
 

swinokur

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Smurfologist wrote:
Sonora Rebel wrote:
MD has no 'state' Consitutional provision for 2A. It was deleted in 1867. The whole MD position has been unconitutional since.

Can you please explain this part of your post? Thanks!!

The 2nd Amendment... brought to you by Beretta and the number 1791!!:X
My question regards the 14th Amendment. If MD incorporates this (I don't know if they do) wouldn't a law like this violate the 14th amendment for equal protection and perhaps MD's own constitution if it does include such language?
 
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