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Utah Legislature 2-11-11 action on Non-resident Licenses

Discussion in 'Legal' started by Greybeard, Feb 13, 2011.

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  1. Greybeard

    Greybeard Member

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    Utah Legislature apears to have a "fix" coming in about 90 days for "The Utah Problem" that had aroused attention in current session of Texas Legislature.

    http://le.utah.gov/~2011/htmdoc/sbillhtm/sb0036s01.htm

    As I understand this, after about May 10, 2011, they will no longer consider issuing a handgun license to a resident of another state unless the resident has a handgun license from their state of residence. Similar for renewal applications effective January 1, 2012.
     
  2. General Geoff

    General Geoff Member

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    This is a shame.

    There are plenty of people who live in Philadelphia who save themselves a lot of time and aggravation by applying for a Utah or Florida license instead of jumping through illegal hoops mandated by the Philadelphia PD to obtain a PA license (which is supposed to be shall-issue, the limited requirements for which are specified by the state, not local municipalities). PPD knows their requirements are illegal, but won't issue a license unless (A) you jump through their illegal hoops or (B) lawyer up and spend thousands to force them to issue you one without the illegal demands. They have been known to deny applications because of past (paid!) parking tickets, moving violations, and arrest histories, not even convictions.


    I know, it's a problem with PPD, not Utah, but still, it will make it that much harder for the average guy to get a license to carry in Philadelphia. Which is exactly what those in power want there. For the record, per statute, all you need for a PA License to Carry Firearms (LTCF) is two personal character references, $25, and proof of residence. No fingerprinting, no training requirement. Far more lax than almost any other state's requirements. So you can see that Philadelphians aren't applying for Florida and Utah licenses because of some statutory loophole.
     
  3. Standing Wolf

    Standing Wolf Member in memoriam

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    I didn't know any of that, General Geoff. Sounds to me like a good assault lawyer is needed.
     
  4. Old44Mag

    Old44Mag Member

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    Any grandfathering for current out of state Utah CCW holders?
     
  5. Greybeard

    Greybeard Member

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    " [(c)] (d) »€ Beginning January 1, 2012, Subsection (4)(a) also applies to an application for renewal of a concealed firearm permit by a nonresident."
     
  6. Old44Mag

    Old44Mag Member

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    What if a non-resident has one good until 2015?
     
  7. Greybeard

    Greybeard Member

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  8. rl2669

    rl2669 Member

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    At first glance I thought that this would prevent many groups of people from getting a non-resident UT permit:

    * residents of a constitutional carry state such as AZ/AK - must obtain a home-state license (perhaps solely) to get a UT one
    * VT/WI residents - state doesn't issue permits - can't get one
    * residents of discretionary issue states - can't qualify for a home state permit

    But reading the PDF above, it sounds all 3 groups they get a pass because their states don't recognize/have reciprocity with a Utah permit.

    So, the people really affected by this are people who live in states that recognize/have reciprocity with UT. I believe all such states would be shall-issue themselves. So this is not a non-zero effect, nor is it as big a deal as I feared.
     
    Last edited: Feb 13, 2011
  9. Greybeard

    Greybeard Member

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  10. D94R

    D94R Member

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    Yes, it is. However, each and every non resident permit that has been processed and ok'd or denied has cost the state. It has been more costly to process them than what our state charges for the permit.

    Disregarding any anti 2nd Amendment arguments with the requirement to have a license in the first place, our state is just "leveling the playing field" in order to be more fair and equal when it comes to inter-state politics and licensing. Other states lose income from carriers who get non resident permits for many reasons including the inability to qualify in their state (no matter how simple the reason is), cost, reciprocity, etc.

    Circumventing your own states rules and regs to get a non res license, which then is honored by your state is quite contradictory to many peoples views here on "let the States rule themselves".


    Anyhow, like I stated, the biggest push for something like this was when Utah realized how much money they were losing processing non res permits. The rest, or results, are just dominoes falling as a way to make negotiations and deals between individual states more fair.
     
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