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Old December 30th, 2008
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Default Re: Is this legal? LTCF Question

I just eyeballed the form, and the only point where I can see the sheriffs office getting away with it is through the fact that the law requires the sheriff to perform an investigation, specifically paragraph 3:

Quote:
§ 6109. Licenses.
(d) Sheriff to conduct investigation.--The sheriff to whom
the application is made shall:
(1) investigate the applicant's record of criminal
conviction;
(2) investigate whether or not the applicant is under
indictment for or has ever been convicted of a crime
punishable by imprisonment exceeding one year;
(3) investigate whether the applicant's character and
reputation are such that the applicant will not be likely to
act in a manner dangerous to public safety;

(4) investigate whether the applicant would be precluded
from receiving a license under subsection (e)(1) or section
6105(h) (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms); and
(5) conduct a criminal background, juvenile delinquency
and mental health check following the procedures set forth in
section 6111 (relating to sale or transfer of firearms),
receive a unique approval number for that inquiry and record
the date and number on the application.
His form asks for residency time and local LEO agency which he could easily claim is so that he can contact your local police as part of his investigation to determine if you are someone who routinely has police at his home or complaints from neighbors etc etc. It would be a weak argument, but a judge just might agree with it since there is only a prescribed form for the application but nothing dictating exactly how the investigation into character and reputation is to be done. Maybe something to add to the ever growing 'things to change' list.
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