How valid are non-res CCW's when

[Jonesy9]

you don't live in either state or maybe even have a valid CCW from your home state?



I've seen people talking about getting out of state CCW's (like a FL non-res) specifically for use in other states. Will this hold up in court or with the local police?

For years I've wondered if a cop pulled you over and you're carrying and you pull out a FL non-res in GA or some other state with reciprocity how a cop would react. Say you're a VA resident with FL non-res carrying in GA?

Even more perplexing is people who seem to get a non-res for carry in their home state but do not have a CCW permit from their home state. Is that really legal?

I'm going to FL this winter, my MA permit has no reciprocity but my NH non-res is good. Do I get the FL non-res or just rely on the NH?

 

[tyme]

Interesting. I think out-of-state permits are valid. Here's why:

The fundamental purpose of getting an out-of-state permit for, say, FL, is to have a license to carry in FL. FL clearly has the right to issue such permits for people wishing to carry in FL. Let's ignore the whole RKBA issue and assume licenses to carry are legitimate. The fact that that permit is valid in other states is secondary. Those states have chosen to honor any permit issued by FL (for activities Florida wants to regulate within FL), so it hardly seems that they could claim the permit isn't valid.

 

[RWK]

First, I suggest you use www.packing.org as a definitive source for reciprocity agreements (etc.) that deal with state-to-state acceptance of CCW permits.

Second, this is a matter of state law and policy regulation. Whether a particular LEO is aware of the policies and statutes is a variable; however, it is clear that unilateral and bilateral state rules certainly provide a legally binding basis for concealed carriage.

If I am carrying out-of-state, I always try to put a copy of the state’s web site (State Police, Attorney General, and so forth) in my brief case. I suspect it could reduce the “hassle factor†considerably, by showing a local police officer an authoritative document printed from the Internet.

 

[Border]

Good idea on carrying the documentation in the briefcase!

I purposely obtained a FLA non-resident for it's reciprocity agreements with Texas, Colorado, Penn, and many other states that I have hunted in. It seemed easier than some of the hoops you have to jump through in some of those states! My local CCW officer was even kind enough to fingerprint me for the card for free!

You have to be VERY careful when traveling though as the laws vary widely from state to state. FLA sends you a guide for their state laws which is nice.

 

[glirette]

I invite you to look at this from a completely different perspective. And in short to answer your question you are legal as long as you follow the law to the letter.


First of all, lacking a law making something illegal it is legal. If the state has a law against carrying a handgun for example, then carrying a handgun is not legal. I live in Texas where we have such a law “PC §46.02. UNLAWFUL CARRYING WEAPONS.â€

The CHL in Texas makes it so that that part of the penal code does not apply to you as long as you meet the requirements of carrying under the authoritative of the CHL. We also have a provision that deals with reciprocity and a non-resident licensee has the same rights in Texas as a resident.

In Texas we have no law that requires you to have a license in your own state to be legal to carry here.

Also I follow packing.org and I am a state contact for packing.org but want to advise you that it is not definitive on definitive source for reciprocity agreements although it is the single best place on the Internet for the information.

The first thing that you should ask yourself when you want to know if you are legal or not to carry in a given state is to look at the state law. Once you look at that you figure out what you would be charged with. In Texas it is 46.02, next you look at exceptions and see what licenses are recognized and see of you have a license that will meet the requirements. If the law states that you must have a license in their state then you must, simple as that.

I can tell you that a resident of Washington D.C. can obtain and CWP in Florida and carry concealed at least in Florida and Texas and be legal, he would also be valid in several other states.

I hope this helps clear it up a little


Thanks,
Greg Lirette

 

[Lennyjoe]

Another good thing to do is to read the laws on the state you plan on carrying in.

Be aware that states are different as to where you can carry.

For instance, in Texas I believe you cannot carry a weapon into an establishment that makes at least 51% of its business from alcohol sales.
In Arizona, you cannot carry into any establishment that sells alcohol for on site consumtion. Which is a bummer indeed.

 

[Jonesy9]

"In Texas we have no law that requires you to have a license in your own state to be legal to carry here."

"Those states have chosen to honor any permit issued by FL (for activities Florida wants to regulate within FL), so it hardly seems that they could claim the permit isn't valid."



I guess that is the bottom line. I don't doubt the legality of using the non-res permits, even using a non-res for reciprocity in other states.

Carrying a printout of the laws isn't a bad idea. My main point was wondering how a cop would view the practice. Most cops aren't going to know the intricacy's of reciprocity but hopefully the chances of getting questioned are very low anyway.


Packing.org is a great resource. I've noticed some states out west and down south have some pretty strange and sometimes restrictive CCW laws. Thanks for the replys.

 

[another okie]

Each state is different, and there's no substitute for finding out what the law of that is from a reliable source. Some states will accept out of state permits only if the permit is a resident permit. I guess for some reason I cannot really figure out they figure that if a guy can't get a permit in his home state there's something wrong with him. This can put a crimp in the style of people from states such as Kansas, who can get a Florida permit and carry in lots of states, but not in states that only accept resident permits.

 

[sctman800]

My only option!

Living in Mayor Daley's Illinois, this is my only option, and then I must go to another state to make use of it. I do live near the Indiana side of Illinois so I do carry there on my non-resident permit. Next year I will probably be going to Idaho to visit my wife's relatives and will use it to carry there and back. All I can say is "thank God" for the option even if I can't carry in Illinois. Jim.