[Statkowski]

1. can any PA resident bring a suit against the sheriff?

Theoretically, yes.

2. do you have to be a resident of the county in question?

No, but it helps. Of course, the first thing the court would ask would be, "How did the county sheriff's actions or lack thereof negatively affect you in another county?"

3. do you have to have had the sheriff take longer than 45 days to issue you your LTCF?

If he takes 45 days or less then he hasn’t violated any law.

4. do you have to meet number 2 and then been charged for carrying without an LTCF after the 45 days, but before you actually got your LTCF?

If you're charged with carrying concealed without an LTCF, it doesn't matter why the LTCF hasn't been issued yet. Without the LTCF, you weren't permitted to carry concealed.

18 Pa. C.S. §5301 reads in part, "A person acting or purporting to act in an official capacity ... commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he ... denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity."

18 Pa. C.S. §6109(e)(1) reads in part, "A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license."

18 Pa. C.S. §6109(g) reads as follows, "Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license on the basis of the in­vestigation under subsection (d) and the accuracy of the information contained in the applica­tion. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application."

18 Pa. C.S. §6111(i) reads in part, "All information provided by ... applicant, including, but not limited to, the ... applicant's name or identity, furnished by ... any ap­plicant for a license to carry a firearm as provided by section 6109 shall be confidential and not subject to public disclosure. In addition to any other sanction or penalty imposed by this chapter, any ... local governmental agency or department that vi­olates this subsection shall be liable in civil damages in the amount of $1,000 per occurrence or three times the actual damages incurred as a result of the violation, whichever is greater, as well as reasonable attorney fees.”

In Pennsylvania the citizen may file a Private Criminal Complaint, even against an elected official. Goto http://www.courts.state.pa.us/Index/Forms/IndexForms.asp for the downloadable form. Of course, if the county’s District Attorney refuses to follow through he is required to provide a reason why.

No, I’m not an attorney, nor do I profess to be one. The preceding public information is provided for informational purposes only. Do with it as you will.