CCW reciprocity interpretation

This is a discussion on CCW reciprocity interpretation within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi everyone, I have an AZ CCW I got last year while a state resident. AZ issues CCW permits to state residents and non residents ...

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Thread: CCW reciprocity interpretation

  1. #1
    Member Array 390beretta's Avatar
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    CCW reciprocity interpretation

    Hi everyone,

    I have an AZ CCW I got last year while a state resident. AZ issues CCW permits to state residents and non residents without differentiation provided you meet training/background requirements. I am now a SD resident. SD honors AZ permits as well as those of several other states, but it's not clear whether they honor an out of state permit if you are a SD resident. Can anyone clarify? Thanks

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    VIP Member Array ccw9mm's Avatar
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    HandgunLaw.us does a pretty good job of summarizing the state requirements. You can do a map that shows where your CHL is recognized/accepted.
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    Member Array 390beretta's Avatar
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    CCW9MM, thanks for the reply but that's the source I used and find the language unclear.

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    VIP Member Array ccw9mm's Avatar
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    Well, take FL for example. FL recognizes many CHL's, but ONLY if the person is actually a resident of that state. HandgunLaw.us shows those states in a different color, clearly showing that the recognition is conditional.

    The reciprocity PDF also lists AZ, and it clearly shows SD in the list of recognized states.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

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    Senior Member Array rmarkob's Avatar
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    Quote Originally Posted by ccw9mm View Post
    The reciprocity PDF also lists AZ, and it clearly shows SD in the list of recognized states.
    I don't think that's the OP's issue. His question is in regards to how a state treats its own residents carrying on another state's (otherwise valid) permit. I don't think handgunlaw.us covers this category.

    We had this issue in PA a couple of years ago, where PA State Police were not recognizing out-of-state permits carried by PA residents, even if the other state's permit was otherwise recognized by PA. The PA AG actually responded to this on his website, smacking down the PSP. Crime: Protecting Pennsylvania Against Crime - Pennsylvania Office of Attorney General:

    Note: It has come to the attention of the Office of Attorney General that there has been confusion over the applicability of Pennsylvania's reciprocal privileges with regard to the residency status of an individual who has been issued a valid license/permit. It is the position of the Office of Attorney General that recognition within Pennsylvania is based on the issuance to an individual of a valid license/permit by the reciprocal contracting state, and not on the license/permit holder's place of residence.
    That statement covers residents of a third state and PA residents with only a FL or UT (for example) non-res permit. I've heard this is not the case in other states - that if you're in your home state, you must have a permit issued by your home state to carry legally. I don't know if it is or isn't the case in SD.
    Clinging to guns and God in PA...

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    If I understand it clear, SD will not accept it if your a SD resident? Now if you own a home in Arizona and can call that primary residence you will be ok.? Being your a resident of SD, you need a SD license, but your AZ will still be ok for Arizona.

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    Quote Originally Posted by 390beretta View Post
    Hi everyone,

    I have an AZ CCW I got last year while a state resident. AZ issues CCW permits to state residents and non residents without differentiation provided you meet training/background requirements. I am now a SD resident. SD honors AZ permits as well as those of several other states, but it's not clear whether they honor an out of state permit if you are a SD resident. Can anyone clarify? Thanks
    Easiest way to get a straight answer is call the SD AG office and ask.

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    Quote Originally Posted by archer51 View Post
    Easiest way to get a straight answer is call the SD AG office and ask.
    Bingo..... Folks I think we have a winner there..

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    From the South Dakota Secretary of State web site:
    Recognition

    The State of South Dakota recognizes any valid concealed pistol permit issued to a nonresident of South Dakota according to the terms of its issuance in the state of its issue. SDCL 23-7-7.4
    The above statement would tend to indicate that if you are a resident of SD, you need a SD license.

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    To take it just a bit further then the above poster, from the South Dakota Legislature's web-site:

    South Dakota Codified Laws

    23-7-7.4. Nonresident permit to carry concealed pistol--Validity in South Dakota--Application. Any valid permit to carry a concealed pistol, issued to a nonresident of South Dakota,is valid in South Dakota according to the terms of its issuance in the state of its issue, but only to theextent that the terms of issuance comply with any appropriate South Dakota statute or promulgatedrule. However, if the holder of such a nonresident permit to carry a concealed pistol becomes, at anytime, a legal resident of South Dakota, the provisions of this section no longer apply.

    Source: SL 2005, ch 123, § 1.
    Ken

    p.s.; This was not difficult to find at all and I don't understand why many of you think it is OK to guess at this kind of stuff.

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    VIP Member Array nedrgr21's Avatar
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    In addition to calling the AG, I would ask for a written response on their letterhead to keep with you to show any LEO who aren't totally familiar with the law if the AG says the state will recognize a NR permit. May save you some real unnecessary headaches.

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    Member Array CowboyKen's Avatar
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    Quote Originally Posted by nedrgr21 View Post
    In addition to calling the AG, I would ask for a written response on their letterhead to keep with you to show any LEO who aren't totally familiar with the law if the AG says the state will recognize a NR permit. May save you some real unnecessary headaches.
    Why would you want to bother the AG with this when the South Dakota Codified Laws that I posted above is so clear?

    Which part of that law did you have trouble with?

    Ken

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    VIP Member Array cvhoss's Avatar
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    Quote Originally Posted by CowboyKen View Post
    Why would you want to bother the AG with this when the South Dakota Codified Laws that I posted above is so clear?

    Which part of that law did you have trouble with?

    Ken
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    Senior Member Array Gary Slider's Avatar
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    This is what you will find on Handgunlaw.us on the South Dakota Page under the first listing which is "Permits/Licenses This State Honors"

    Recognition
    The State of South Dakota recognizes any valid concealed pistol permit issued to a nonresident of South Dakota according to the terms of its issuance in the state of its issue. SDCL 23-7-7.4

    The law SDCL 23-7-7.4 is a direct link to the law as quoted by CowboyKen.

    390Beretta Stated about Handgunlaw.us:

    CCW9MM, thanks for the reply but that's the source I used and find the language unclear.

    I don't think you can get any clearer than that. Thanks CowboyKen for showing them just how easy info is to find the info they seek if you just take a little time to look.
    Stay Safe,
    Gary Slider

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    Best bet would be to call a lawyer.

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