Reciprocity? Honor Each Other? Just Honor Another? What is it?

[Gary Slider]

I get emails at www.handgunlaw.us saying, “Your site is wrong as Montana doesn’t honor Washington as the Washington AG doesn’t list them as a reciprocal state. MT does honor WA and WA doesn’t list MT as they only list the states they have agreements with and honor and they don’t honor Montana. Or an email that says no state honors Illinois because IL doesn’t honor anyone else. Etc. Etc.

There are different ways states honor each other when it comes to carry permit/licenses. There is also different ways they present this information. Some list just the states they have agreements with. Others just state they honor all others then others list the states they honor plus the states that honor them. Reciprocity is when two states decide to honor each other either by signed agreement or by just a mutual letter saying we honor your state. Reciprocity is just one way this can happen. Other states do it differently and it is not reciprocity. Here are the different ways a state can honor another state.

1. Alaska, Arizona and Vermont allow anyone who can legally own a firearm and is 21 can carry concealed in their state without any type of permit/license. Wyoming allows its residents to carry in Wyoming without any type of permit/license. Montana allows anyone to carry outside an incorporated city or mining camp without a permit/license. Since those states allow their residents to carry without a permit/license the state of Oklahoma allows residents of AK, AZ, VT and WY to carry in Oklahoma with just their state issued drivers license or state ID. MT isn’t included in the OK law because they can’t carry everywhere in their state without a permit/license.

2. The state honors all other states permit licenses. Indiana is one of them and even state they will honor any foreign countries permit/license to carry a concealed handgun. IC 35-47-2-21 Some of these states will sign agreements if required by the other state and some won’t. Iowa honors all other state but their law says they can not sign agreements. That only hurts the residents of Iowa.

3. States will honor any state that honors them. Florida is an example of a state that does it this way.

4. Then a state requires a signed agreement. South Carolina requires a signed agreement. Some of states that require signed agreements have requirements that the other state must meet before they will sign an agreement with them.

5. Some states just look at other states laws and if they meet their requirements they will honor them. Nevada and Montana are two such states. These states don’t care if the other state doesn’t honor them.

6. Then we have 5 states that by law, Michigan, Colorado, New Hampshire, South Carolina, Florida. One state by the decision of their Firearms Unit, Maine and one doing it by signed agreements, Pennsylvania. Those 7 states will only honor “Resident Permit/Licenses” from the states they honor.

7. Then we have Texas. They have signed agreements. They also have a governor that unilaterally signed the paperwork saying Texas would honor some states who don’t honor them. Most of those states are may issue states who don’t honor anyone else like Maryland, New York and California. Texas honors forty one other states.

I have been doing this so long I understand how these governments put out their information. People new to concealed carry don’t have the experience that I have and they are not wrong it is just the way those different states present their information. Once I point it out to them they understand. That is the major problem when trying to supply information. What I write is not what people read. We have all had that happen to us more than once when posting on a forum. What people took from what we posted is not what we actually meant! The written word can be difficult. When we talk face to face with people we say as much with our voice inflection and body language as we do with our words. That is missing in the printed word. There are people who have the ability to get their meaning across most of the time with the written word but most of us are not blessed in our abilities with the written word. I am one of them who lags far behind others in putting words to paper.

Case it point on how a state puts out info that can be misleading. Check out the West Virginia (my home state) Attorney Generals website on who WV honors.
http://www.ago.wv.gov/gunreciprocity/Pages/default.aspx

The header on the map states, Gun Reciprocity. So look at the map. Does West Virginia and Indiana honor each other? Looking at it you would believe they do. What the map actually shows are the states that honor West Virginia and not the states West Virginia honors. WEST VIRGINIA DOES NOT HONOR INDIANA AT THIS TIME! You have to dig deep into the AG’s site to find that out. Looking at the map you would believe they did. I have talked to those in the WV AG’s office about this and I am hoping to get the word “reciprocity” removed from the map and a proper header listed but it has been this way for way to long.

Hopefully in the future Handgunlaw.us will be obsolete. The laws of our great country will be the same from sea to shining sea when it comes to carrying a firearm for defense of self and our loved ones. We won’t have to worry about staying within the different laws of each state and trying to understand every states laws. I may be dreaming but I am always Hopeful!!

Happy Thanksgiving to all and I ask you not to forget our County and Troops in your Thoughts and Prayers this Thanksgiving! Gary

To see a listing of Permit/Licenses your state honors you can view that Here:
http://www.handgunlaw.us/states/USStatesMyStateHonors.pdf

To see a listing of states that honor your states Permit/License you can view it Here:
http://www.handgunlaw.us/states/USStatesThatHonorMyPermit.pdf

Still working on the Draft of Carrying Long Guns in Vehicles W/O a Permit/License. It has been updated a few times. You can view it Here: http://www.handgunlaw.us/documents/LongGunDraftDocument.pdf
Feedback is appreciated.

 

[LemmyCaution]

Gary-

A minor quibble: In Vermont, one need only be 16 to carry a firearm, either open or concealed.

 

[Gary Slider]

Lemmy is 100% correct. The 21 I was thinking of was carrying in Oklahoma with just your VT ID. The problem is that possession of a handgun by those under 18 is a federal crime. More than one state has a state law that is lower than 18.

 

[Librarian]

The problem is that possession of a handgun by those under 18 is a federal crime.

Really? Which part of Federal law?

 

[Gary Slider]

18 U.S. Code § 922 - Unlawful acts (x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
(6)
(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce subparagraph (A).
(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown

 

[Librarian]

(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;

So, like reciprocity, such statements require a bit of amplification.