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Kathleen Kane Ad: FLA Loophole
#41
The FL loophole has only been cited in a couple of crimes as of late and I don't ever hear anything on the #GunCrisis twitter hashtag on Twitter about it.

The last case I heard about was a straw buyer in Upper Darby PA who held on to his cache and started selling and still also carried b/c he possessed a Florida license although PA would not give him one. IMO if you have a PA Felony on record and somehow FL can't find it and issues, that is still a non-sequitur because there are other PUFA charges you can still be hit with even if Carrying W/O A License isn't one of them.

And closing the loophole doesn't decrease the murder rate at all. I don't care if the "loophole" is closed; once it is closed and the murder rate in Philly doesn't budge, then we'll find a new strawman to attack and go after that.

Speaking of which, back when Philly was trying to push the lost/stolen law, I had been discussing with one of my attorneys about owners who purposely report everything they own stolen. That way if it actually IS stolen at some point in the future or misplaced, then the threat of prosecution for making a mistake within the alloted time in the law to protect yourself from prosecution for not reporting is eliminated.

For instance, if I am going to a cruse to Barbados for 2.5 weeks, but the reporting requirement is 2 days, then before I head off to the port I'll report everything I own stolen or lost. Then if someone breaks in my house and steals my shit and it winds up being used in a crime, I have nothing to fear from a stupid prosecutor.

Philly wrote its statute so shoddily that it looked like on face value, that it was a viable loophole to avoid prosecutorial misconduct.
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#42
billamj;38061 Wrote:
soberbyker;38052 Wrote: Huh? You most certainly can carry anywhere in PA with only a reciprocal license, at least for now, and it's been that way for at least 5 years, right on the PA AG website it says:


That's the whole loophole argument, they are saying if you can't legally get a PA license you can get one from FL and be able to carry here. Any they are right, as long as you have a valid license/permit from a state PA honors you can conceal carry here, even if you are a PA resident.

Philly tried to outlaw certain other licenses to close the loophole but they don't have the authority. As a result of when all this crap hitting the fan, now Utah won't issue unless you have a home state license, if you're from a state the Utah and that state recognize each others license.

The verbiage on that is very unclear and I've been advised that it isn't viable by an attorney. The actual verbiage is:
Quote: 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.

To me it reads like it contradicts itself so I asked a criminal lawyer and he contacted the AGs office.

That's referring to making agreements, what I quoted from AG website is about residence, and it's clear to me that as long as you have a valid reciprocal license it's valid to use in PA, even if you're from PA and the valid license is not.
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#43
kadar;38070 Wrote:
billamj;38061 Wrote:To me it reads like it contradicts itself so I asked a criminal lawyer and he contacted the AGs office.

Laws are not defined by an AG opinion. They are defined by intent as written by the author.

The AG is responsible for advising the police on enforcement of the law, especially since it is in regard to reciprocity, therefor it was a legitimate call to make.
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