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Old April 5th, 2008
fingers80002 fingers80002 is offline
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Default Re: We've got a problem.

Quote:
Originally Posted by GunLawyer001 View Post
I would argue that the PA LTCF is a right, not a privilege.

PA is a "shall issue" jurisdiction. You are entitled to the license if you meet the minimum requirements. You can forfeit that right, just like you can forfeit your freedom by committing crimes. But the default is that you're entitled under PA law.

It's a little bit like "entitlement" programs like Welfare, that the law is set up for you to receive the license if you meet the criteria, it can't be denied arbitrarily, but it will be taken back if you become disqualified.

If it were a privilege, like getting a pardon from the Governor, then there'd be no route to appeal the denial. When the Sheriff revokes your permit, you can appeal to the Court of Common Pleas and assert your rights, and the burden shifts to the Sheriff to prove that you are not entitled anymore. Regardless of the inadequate and conclusory reasons provided on the revocation letter, the Sheriff is required to provide specific disqualifying facts and law to the Court, or he loses.

I'm not thrilled with the "character or reputation" catch-all, because Sheriffs use it the way that cops are accustomed to using the "disorderly conduct" statute, to punish people who they dislike but who haven't actually violated the law. The evidence is that cops and DA's mostly can't be trusted with open-ended statutes, any more than salespeople can be trusted with unlimited expense accounts, or Washington can be trusted with the unlimited ability to tax the citizens.
That's why we need law speaking people in our ranks to help fight the left.
Also to translate for us "common folks".
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