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Councilman calls for end to Florida gun loophole

Thursday, October 28th, 2010

A Philadelphia City Councilman says he wants to see a loophole in the gun laws closed in the city. If the loophole is closed it will almost certainly be challenged in court.

Reciprocity rules give those who hold a Florida gun carry permit the ability to carry a concealed handgun in Philadelphia, even if they had a permit application here rejected. City Councilman Darrell Clarke says he wants that practice ended.

“Our concern is the laws governing concealed weapons and the background checks in Florida are much less strict than they are in the state of Pennsylvania. We don’t think it’s appropriate for us to have to essentially authorize people to do that here without conducting stringent background checks conducted by the state police in the state of Pennsylvania.”

Councilman Clarke believes if the bill is approved gun rights supporters will challenge it immediately. Even though state laws on reciprocity trump local ones, Clarke expects it the bill would prevail in court. Similar legislation in Harrisburg has been stuck in neutral.


  • Fearless LeChien says:

    The law is full of illogical inconsistencies – sometimes described as loopholes. That’s why it’s constantly being changed. To continue the drivers license analogy, German or French drivers licences can be exchanged, without testing, for a PA one whereas for example a Polish, Italian or Swedish licence cannot. As all licences in Europe are EU licenses and valid in every EU territory there is no logic in refusing some and allowing others when applying for a PA license. The test is the same in every EU country (even in the UK where the only difference is the side of the road they choose to drive on). Just as you can obtain a drivers license in Croatia after your Czech one has been rescinded, say for DUI, so it’s possible to obtain a gun licence in FL after receiving a conviction in PA… the checks are just not thorough enough and there is no comprehensive exchange of info between states or countries. That’s the reason this is a “loophole” and needs to be closed. Geddit?

  • Gary says:

    Firsty of all, it is not a “loophole” as Clarke would lead you to believe, it is the law. Just as drivers from FL can drive in PA, there is reciprocity among the states on carry permits. Clarke will be wasting the taxpayer’s money if his legislation is passed because the law will be pre empted by state law. The only reason this has come about is because the Philadelphia police make it so difficult for a law abiding citizen to obtain a permit in Philadelphia. It requires making to visits to police headquarters, one to apply, and unlike other counties, you have to go and pick up the permit once it is issued. This is one reason that PA residents get a permit from FL. And, the notion that a criminal who cannot get a carry permit in PA, would go to FL to obtain a permit, is totally ridiculous. Who really believes that a criminal would worry about “legally” carrying a gun. This is the subject that the idiot that is running against Pat Meehan is using in his latest TV commercials. I’m sure most people will see through this distortion of fact.

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