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Thread: Are other states working on Reciprocity with Iowa

  1. #1
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    Hi,

    Any news of other states (that currently do not recognize Iowa CCW) working on reciprocity with Iowa since passage of Shall Issue?

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    I don't know about anything right now since the law isn't in effect, but IA will pick up the "you recognize us,we'll recognize you states." I know FL is one of those, but there are others.

    If IA also is allowed to sign one-on-one agreements, they'll get even more. My state of WV won't recognize IA without a reciprocity agreement, even though IA's standards would be similiar to WV's.

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    This issue won't be ripe for action until January 1, 2011, when SF 2379 takes effect.

    At that time, Iowa's Commissioner of Public Safety should notify the Attorney General and/or licensing agency of each state that Iowa recognizes their permits. Most of the states that have reciprocity laws--AL, AR, CO, DE, FL, GA, NH, NC, ND, PA, SC, and WY--will automatically honor Iowa's permits once they receive notice that Iowa recognizes theirs. KS, MN, NV, NM, and VA have informal, "qualified recognition" laws under which they can unilaterally honor a permit from a qualifying state. Iowa should contact theOH &WV attorneys general to seek the formal reciprocity agreements required by OH & WV for reciprocity; OH & WV are the only two states that require the formality of a written agreement.
    James M. "Jim" Mullins, Jr., Esq.
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    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
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    WVCDL wrote:
    This issue won't be ripe for action until January 1, 2011, when SF 2379 takes effect.

    At that time, Iowa's Commissioner of Public Safety should notify the Attorney General and/or licensing agency of each state that Iowa recognizes their permits. Most of the states that have reciprocity laws--AL, AR, CO, DE, FL, GA, NH, NC, ND, PA, SC, and WY--will automatically honor Iowa's permits once they receive notice that Iowa recognizes theirs. KS, MN, NV, NM, and VA have informal, "qualified recognition" laws under which they can unilaterally honor a permit from a qualifying state. Iowa should contact theOH &WV attorneys general to seek the formal reciprocity agreements required by OH & WV for reciprocity; OH & WV are the only two states that require the formality of a written agreement.
    The thing is...the way it was explained to me...is that there is nothing in the new law that "allows" IA to actively seek out reciprocity.

    For example...in WV:

    §61-7-6a. Reciprocity; out-of-state concealed handgun permits. (d) The West Virginia Attorney General shall seek to enter into and may execute reciprocity agreements on behalf of the State of West Virginia with states which meet the following standards and requirements:
    and in PA:

    18 Pa.C.S. § 6109: Licenses

    (k) 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.
    States dont have rights. People do.

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    mrjam2jab wrote:
    and in PA:

    18 Pa.C.S. § 6109: Licenses

    (k) 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.
    Don't forget about "statutory reciprocity" under 18 Pa.C.S. § 6106(b)(15), to which I was referring and under which PA has reciprocity with CO, ID, IN, LA, MT, ND, and UT.

    18 Pa.C.S. § 6106(b):

    Exceptions.--The provisions of subsection (a) shall not apply to:

    * * *

    (15) Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:

    (i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.

    (ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
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    WVCDL wrote:
    mrjam2jab wrote:
    and in PA:

    18 Pa.C.S. § 6109: Licenses

    (k) 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.
    Don't forget about "statutory reciprocity" under 18 Pa.C.S. § 6106(b)(15), to which I was referring and under which PA has reciprocity with CO, ID, IN, LA, MT, ND, and UT.

    18 Pa.C.S. § 6106(b):

    Exceptions.--The provisions of subsection (a) shall not apply to:

    * * *

    (15) Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:

    (i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.

    (ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.
    Yes...I know there will be statutory reciprocity between IA and PA...but I was referring to your comment about WV and OH requiring written agreements.
    States dont have rights. People do.

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    WVCDL wrote:
    This issue won't be ripe for action until January 1, 2011, when SF 2379 takes effect.

    At that time, Iowa's Commissioner of Public Safety should notify the Attorney General and/or licensing agency of each state that Iowa recognizes their permits. Most of the states that have reciprocity laws--AL, AR, CO, DE, FL, GA, NH, NC, ND, PA, SC, and WY--will automatically honor Iowa's permits once they receive notice that Iowa recognizes theirs. KS, MN, NV, NM, and VA have informal, "qualified recognition" laws under which they can unilaterally honor a permit from a qualifying state. Iowa should contact theOH &WV attorneys general to seek the formal reciprocity agreements required by OH & WV for reciprocity; OH & WV are the only two states that require the formality of a written agreement.
    IAs permit is automatically recognized as we recognize all 50 states permits, I believe TN, UT and KY are like that as well..
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  8. #8
    Regular Member Yooper's Avatar
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    I know immediately upon the new law going into effect, the state of Colorado will recognize an IA permit. Their law acknowledges automatic reciprocity for any state that honors their permit.
    Rand Paul 2016

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    gyrocfi wrote:
    Hi,

    Any news of other states (that currently do not recognize Iowa CCW) working on reciprocity with Iowa since passage of Shall Issue?
    Virginia has two requirements before recognizing another state's permit:

    § 18.2-308(P):
    A valid concealed handgun or concealed weapon permit or license issued by another state shall authorize the holder of such permit or license who is at least 21 years of age to carry a concealed handgun in the Commonwealth, provided:

    (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day, and

    (ii) except for the age of the permit or license holder and the type of weapon authorized to be carried, the requirements and qualifications of that state's law are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth under this section.
    The Superintendent of State Police shall (a) in consultation with the Office of the Attorney General determine whether states meet the requirements and qualifications of this section, (b) maintain a registry of such states on the Virginia Criminal Information Network (VCIN), and (c) make the registry available to law-enforcement officers for investigative purposes. The Superintendent of the State Police, in consultation with the Attorney General, may also enter into agreements for reciprocal recognition with any state qualifying for recognition under this subsection.

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    Per http://www.iowacarry.orgtheIowa Code Section 724 as modified with SF-2379 (enrolled) will look like this:

    http://www.iowacarry.org/images/pages/2010-04-06_Iowa%20Code%20Section%20724-SF2379.pdf

    I live in Nevada. Nevadadoes not have "reciprocity." However, Nevada does have a system in place to recognize other states' permits IF said state's permit requirements are substantially the same as Nevada's requirements.

    From Nevada Revised Statutes, Chapter 202 http://www.leg.state.nv.us/NRS/NRS-2...#NRS202Sec3653:
    NRS 202.3689 may carry a concealed firearm in this State in accordance with the requirements set forth in NRS 202.3653 to 202.369, inclusive.

    2. A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may not carry a concealed firearm in this State if the person:

    (a) Becomes a resident of this State; and

    (b) Has not been issued a permit from the sheriff of the county in which he or she resides within 60 days after becoming a resident of this State.

    3. A person who carries a concealed firearm pursuant to this section is subject to the same legal restrictions and requirements imposed upon a person who has been issued a permit by a sheriff in this State.

    NRS 202.3653 to 202.369, inclusive.

    (b) Determine whether each state has an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm issued by that state and which a law enforcement officer in this State may access at all times through a national law enforcement telecommunications system.

    (c) Prepare a list of states that meet the requirements of paragraphs (a) and (b). A state must not be included in the list unless the Nevada Sheriffs’ and Chiefs’ Association agrees with the Department that the state should be included in the list.

    (d) Provide a copy of the list prepared pursuant to paragraph (c) to each law enforcement agency in this State.

    2. The Department shall, upon request, make the list prepared pursuant to subsection 1 available to the public.

    Note "A state must not be included in the list unless the Nevada Sheriffs’ and Chiefs’ Association agrees with the Department that the state should be included in the list." The NSCA will not approve a state unless said state has an electronicdatabase in place that allows a Nevada law enforcement officer to access the database 24 hours per day to determine permit validity (and said state's permit requirements must be substantially the same; ie, live fire shooting quals, etc, before they will approve recognition.)

    The NSCA met recently and published a new list of states that Nevada will honor. See: http://www.stillwaterfirearms.org/Pages/CCW_FAQ.phpand the NSCA press release: http://www.stillwaterfirearms.org/ph...=0&thold=0 Iowawas not considered because the Iowawas not in effect at that time. We will have to wait until next year for a determination; they usually meet in May.

    What states will Iowa honor? Well, in the document from iowacarry.org (quoted above,) it does say:
    A valid permit or license issued by another state to any nonresident of this state shall be considered to be a valid permit or license to carry weapons issued pursuant to this chapter

    The Iowa law is new and not in effect yet and much remains to be verified. But I sure hope ...

  11. #11
    Regular Member JD's Avatar
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    According to the Iowa DPS FAQ regarding 2379: http://www.dps.state.ia.us/asd/SF237...Version1_0.pdf

    QUESTION: My state requires a reciprocity agreement before it can recognize an out-of-state permit. Will Iowa enter into such a
    reciprocity agreement?

    ANSWER: No. Iowa law does not provide for entering into reciprocity agreements with states that require them. Iowa will honor
    any valid permit issued in any other state.


    QUESTION: Will Iowa publish a list of states whose permits will be honored, and will Iowa publish a list of states that will honor
    the Iowa permit?

    ANSWER: No. Iowa will honor any valid permit issued by any other state. Iowa permit holders will need to check with other states
    to determine if their Iowa permit will be honored in that state.
    Now that doesn't mean that other states won't recognize the IA permit once the law changes, but that's not the same as reciprocity. Only time will tell. Handgunlaw.us is pretty good about keeping tabs on this stuff so after 1-1-11 we'll see what happens.
    Last edited by JD; 09-17-2010 at 11:35 AM.

  12. #12
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    The onus is on the other state to recognize Iowa's license, not vice versa.

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