Today, the news spread like wildfire that Pennsylvania Attorney General Kane had invalidated Pennsylvania’s reciprocity with Utah. Unfortunately, the news is true.

Unlike the previous “modifications” to the Florida, Virginia and Arizona reciprocity agreements (which I previously discussed in my article on AG Kane eviscerating the Florida Reciprocity Agreement and in my testimony before the PA House of Representatives, State Government Committee), our reciprocity with Utah was not based on a formal reciprocity agreement; but rather, based on a finding by former Attorney General Corbett that the laws of Pennsylvania and Utah were similar and therefore require no reciprocity agreement.

18 Pa.C.S. § 6106(b)(15) provides

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:

As previously mentioned, Attorney General Corbett had previously found that the laws of Utah and Pennsylvania were similar. In fact, if you want to see how the AG’s website appeared as recently as March 1, 2014 and reflected the reciprocity based upon Section 6106(b)(15), you can go here . As you will see, it reflects that Utah is listed in category 2. If you now go to the AG’s website , you will see that Utah is no longer in category 2 but rather in category 4.

In AG Kane’s letter of May 6, 2014 letter to Utah Department of Public Safety, she, through her Chief Deputy, states that since Utah confirmed that it will issue non-resident permits to individuals who do not have a license from their resident state (such as New Jersey), “Utah’s relevant statutory provisions are not compatible with Pennsylvania and we can no longer recognize statutory reciprocity with Utah.” Utah also updated its website to reflect that Utah no longer has reciprocity with Pennsylvania.

So, what does this mean? Unfortunately, this means that Pennsylvania will no longer honor Utah licenses for purposes of 18 Pa.C.S. § 6106(b)(15); however, as I previously testified to, this does not invalidate the exception found in 18 Pa.C.S. § 6106(b)(11), which provides:

Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

It would seem, as my testimony reflects, that serious constitutional and legal issues arise with AG Kane’s actions, including violations of due process and legal quandaries of how AG Kane can invalidate the findings of former Attorney General Corbett. Furthermore, the concern arises as to how Utah permit holders, including our New Jersey non-resident Utah permit brethren, are being notified of this change, since they have relied on their Utah permits to carry in the Commonwealth.



I understand from my contacts that Attorney General Kane’s office has been slow to respond to inquiries regarding this change. Most interestingly, several legislators have been told by AG Kane’s office that the change was due to Utah cancelling our reciprocity. When I provided Attorney General Kane’s May 6th letter, they were somewhat shocked by the lies that they were told. Some have also been told that a reciprocity agreement with Utah is in the works but none have a copy of any such preliminary agreement or knowledge of when it might be signed. Clearly, if any new reciprocity agreement is drafted, it is sure to include restrictions on recognition of non-resident permit holders, similar to that found in the modified Florida, Virginia and Arizona reciprocity agreements.

If you haven’t taken the opportunity to read my testimony, I highly recommend that you do so, as the legal issues are specified at length. When the Florida reciprocity agreement was modified, I was prepared to challenge Attorney General Kane’s actions but couldn’t gather the funding (war chest) necessary to litigate the issue and everyone said she’d stop with Florida. Then came Virginia and Arizona…now Utah. Where will it end? That I don’t know but if we can obtain funding to fight Attorney General Kane and her legal department (that she has at her disposal), I’m prepared to bring this fight to the courts. We can’t stand idly by while our rights are eviscerated. We need to stand in solidarity with our non-resident permit holders and let Attorney General Kane know that we Pennsylvanians, and non-residents, cling to our guns.